The War Between Detroit's Mayor and Detroit's Dictator

.
The focus of our next meeting (May 8th) will be the “Looming Federal Bailouts of Illinois and Detroit, Etc., Etc., Etc.” caused primarily by under-funding of state and local pension plans that the non-partisan Congressional Budget Office estimated in 2011 probably amounts to $4 TRillion.

Recent events include the spectacle of the bankruptcy filing of Stockton CA being supported by Calpers (the California state-employee pension fund) but opposed by bondholders because Stockton proposes to short-change bondholders disproportionately in order to protect Calpers.

While the bankruptcy filing of San Bernardino CA is opposed by Calpers and supported by bondholders because San Bernardino proposes to treat all creditors equally.

And Detroit MI was even denied the privilege of filing for bankruptcy by the Governor of Michigan who announced a state takeover two months ago (local governments are chartered by each state which can modify or revoke the charter at any time). Yesterday (4/12/2013) the Mayor of Detroit who no longer has any power, proposed a budget with a $380 million deficit, and the Dictator of Detroit appointed by the Governor, issued a press release rebuking the Mayor and reminding him that he has no authority.

We will also study why municipalities get a “free pass” under the Bankruptcy Law. After all, if homeowners in a geographical area formed a partnership to provide themselves with police and fire protection, schools for their children, etc., all of the homeowners would be personally liable for the debts of the partnership, including unfunded pension liabilities.

If the homeowners had used a real partnership instead of calling their partnership a “municipal government,” creditors such as their employees suing for their pensions, would be able to obtain in Federal Bankruptcy Court such remedies as attaching the salaries of all the residents, and liquidating their assets (INCLUDING THE FORECLOSURE OF THEIR HOMES subject to any so-called Homestead Exemptions) to pay the pensions.

This could, of course, turn the geographical area into a proverbial Ghost Town. Which Detroit and many other urban centers, already are.

*****
Even if the pols wanted the federal government to bail out all the profligate state and local governments, would the federal government have the financial capacity for doing so???

And what if, for example, the federal government could only bail out the pensions for the employees of the profligate (primarily Blue) states and their local governments, by eliminating Social Security for the general population???

*****
There do not appear to be any books on this topic, so this is another occasion for which we will have to do our own homework.

The initial reference materials posted in this section include --

(1) The 2011 analysis of the non-partisan Congressional Budget Office explaining why the under-funding of state and local pension plans is calculated to approximate $4 TRillion.

(2) The Wikipedia overview on municipal bankruptcies.

(3) The statutory text of Chapter 9 of the Federal Bankruptcy Law which governs municipal bankruptcies.

(4) The 1/28/2013 Reuters article about Detroit’s looming bankruptcy.

(5) The 4/12/2013 Reuters article describing the War of the Budget between Detroit’s Mayor and Detroit’s State-Appointed Dictator.

(6) The 4/3/2013 Reuters article describing the War Between Calpers and The Bondholders of Stockton CA and San Bernardino CA.
Post Reply
johnkarls
Posts: 2040
Joined: Fri Jun 29, 2007 8:43 pm

The War Between Detroit's Mayor and Detroit's Dictator

Post by johnkarls »

.
The War of the Budget Between Detroit’s Mayor and Detroit’s State-Appointed Dictator

Reuters – Friday 4/12/2013 – 4:11 pm EDT

Detroit Mayor Offers Budget, But Emergency Manager Flexes Power
By Steve Neavling

DETROIT (Reuters) - Detroit Mayor Dave Bing proposed a $1 billion budget on Friday that allows the deficit to balloon to $380 million, despite a financial crisis that led the state to appoint Emergency Manager Kevyn Orr to take over the city's purse strings.

At nearly the same time on Friday, Orr issued an order underscoring that it is the emergency manager, not city officials, who has final say on appropriations, contracts and other substantive matters. Any such acts "will not be valid or effective unless and until approved by the Emergency Manager or designee in writing," Orr wrote in his Order No. 3.

The order does allow the city to take all actions necessary to deliver city services. Orr has final say over the city budget, and the state law creating the emergency manager position requires Orr to deliver a financial and operating plan for Detroit by May 9.

Bing's proposal to council represents the first major action by the mayor since Orr took his position on March 25. It also is a sign of his intent to play a significant role in setting the city's political and budgetary course, in apparent hope Orr will focus chiefly on reducing the city's $14 billion in long-term debt.

"He is not here to run the city day-to-day," Bing said at a news conference. "That is not his strength. His expertise is long-term debt."

Orr's spokesman, Bill Nowling, said the emergency manager is acting carefully in hopes the city's elected officials can meet the annual budget demands and continue to keep the budgeting process transparent.

"It serves no purpose to come in with a heavy hand," Nowling said of Orr, a bankruptcy lawyer and turnaround expert. "It's important for the elected council and mayor to weigh in. That is going to position us to work on restructuring the long-term problems."

Those structural problems include pension and healthcare costs. Healthcare payments to current and former employees make up a third of the city's general fund budget. The $380 million deficit is up 16 percent from last year's $327 million in red ink.

Bing's 2013-14 spending plan, which by law must be adopted by June 30 when the prior spending plan expires, calls for continued mandatory furlough days - one unpaid day every two weeks for city workers - and a $4 million reduction in the city council's $11.2 million budget. But it avoided any sweeping cuts to spending on public safety, transportation, blight removal, public lighting and parks and recreation.

"I don't think we can cut anything else and still be functional," Bing said.

City officials alerted the firefighters union on Thursday that the city plans to impose a new contract on the Detroit Fire Fighters Association without negotiating with the union.

Bing's budget also proposes revenue increases, including jumps ranging from 15 to 50 percent on various city fees.

Bing said he is optimistic that he and the council will continue to play an important role in the city's future and its delivery of services.

"If we do what we're supposed to do, I can't see the emergency manager making significant changes," he said.

Nowling said Orr plans to pore over the spending plan in the coming weeks before making any decisions.

(Reporting by David Greising; editing by Matthew Lewis)

Post Reply

Return to “Reference Materials - Federal Bailouts of Illinois and Detroit, Etc., Etc., Etc. – May 8th”

Who is online

Users browsing this forum: No registered users and 5 guests