by Chris Savage

In an unprecedented move this spring, the Emergency Financial Manager (EFM) of Benton Harbor, Michigan swept aside the City Commission and assumed total control of the government. Appointed by Democratic Governor Jennifer Granholm, Joseph L. Harris was given more sweeping powers under new legislation signed into law by Republican Governor Rick Snyder. The law, known as Public Act 4 of 2011, allows EFMs to renegotiate or even cancel contracts and allows unprecedented powers with regards to assuming control over the city. In the case of Benton Harbor, Joe Harris stripped the City Commission of the ability to do anything but call meetings to order, approve minutes, and adjourn meetings. Everything else requires his explicit approval.

The situation in Benton Harbor is certainly a complicated one. It’s quite possible that the City Commission was not doing its job. Certainly, the city was in dire financial straits and its employee pension hadn’t been fully funded for years.

Something needs to change.

However, it is also true that the City Commission of Benton Harbor is an elected body, chosen by the citizens of Benton Harbor to govern and lead the city. Sweeping aside of this elected body and replacing them with a single individual that answers only to the current Governor is, without question, a disenfranchisement of the citizens of Benton Harbor. The people they elected no longer represent them.

To give you a feel for just how audacious Joe Harris has become, one only has to look at some of the recent orders he released. Up until a couple of days ago, these documents were available on the Benton Harbor City website. However, that portion of the website is no longer accessible. Here are three recent orders: An order to appoint a new City Attorney, an order to approve a new liquor license, and an order to reconfigure the membership of the Brownfield Redevelopment Authority. Each of these orders has this boilerplate language:

I, Joseph L. Harris, the duly appointed Emergency Manager for the City of Benton Harbor, Michigan (the “City”), pursuant to the power and authority granted by Act 4 of the Public Acts of Michigan of 2011, being MCL 141.1501 et seq (the “Act”), do hereby resolve and order as follows:

WHEREAS, Section 19(f0 of the Act authorizes an Emergency Manager to appoint City officials; and

WHEREAS, it is the intent of the Emergency Manager to appoint a City Attorney and Director of the Department of Law, as set forth in the City Charter and to vest such City
Attorney with all such powers and authority of such positions.

NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:

[Order language goes here]

[Appropriate number] That all resolutions and parts thereof, and acts of the City in conflict herewith are and the same shall be rescinded.

Every one of these orders has this language. This is a one man show. As Joe Harris said in an EFM training session in February, “[T]he fact of the matter is, the City Manager is now gone — I am the City Manager. I replaced the Finance Director. So I’m the Finance Director and the City Manager. I am the Mayor and I am the Commission and I don’t need them.”

So, you would probably expect that the Michigan Democratic Party (MDP) would take a keen interest in the situation. You would expect that there would be quite a fuss raised by the MDP about the EFM law, P.A. 4, and what it means to our state. And, you would be right. When this legislation was signed into law, the MDP had this to say:

LANSING – The Michigan Democratic Party today blasted Senate Republicans for passing the Emergency Financial Manager bill package, which will strip voters and workers of their fundamental rights.

The bills grant virtually unlimited power to an unaccountable manager appointed by the Governor’s administration. That manager can arbitrarily eliminate collective bargaining rights, sell public property, take away the power of local governments, school districts, and elected officials, and even abolish local governments and school districts.

“These bills allow the creation of local dictators in Michigan,” Michigan Democratic Party Chair Mark Brewer said. “Republicans are eliminating the rights of workers and voters and destroying the entire democratic process. They are determined to push through their partisan agenda at any cost.”

“This is just as bad as what’s happening in Wisconsin,” added Brewer. “Republicans should be focused on creating jobs and putting people to work – rather than taking away the basic rights of voters and workers. They should be ashamed and the voters will hold them accountable in 2012 – if not sooner.”

“Strip voters and workers of their fundamental rights.” “Take away the power of local governments.” “Creation of local dictators.” “Destroying the entire democratic process.”

Suitably strong language from the Democratic Party for an unprecedented power grab by the Republican Party.

Based on this, you probably also expect that the MDP would be on the front lines, standing shoulder-to-shoulder with the displaced City Commissioners of Benton Harbor, vowing to fight with them to preserve the voters’ franchise, their right to democratically-elected representation.

Unfortunately, if you thought that, you would be very, very wrong.

This past week, the South County Democratic Club of Berrien County had their monthly meeting and their guest speaker for May was MDP Chairman Mark Brewer. Unfortunately, it is difficult to get on-the-record quotes from attendees of this meeting because, before he began speaking, Chair Brewer insisted that everyone present agree not to be quoted or to blog about what he was going to say as a condition for staying. His excuse was that he didn’t want to reveal the MDP’s strategy to the Republicans.

One of the attendees of the meeting was Benton Harbor City Commissioner Dennis Knowles (pictured right). Commissioner Knowles did agree to speak with me about what was said at this meeting. According to Mr. Knowles, Chair Brewer informed him “that there is nothing that the party can do for Benton Harbor.” Commissioner Knowles says he countered by saying that “if Benton Harbor [is] allowed to fall because of this EFM Bill and should we receive no help from the Democratic Party on the call of Mr. Brewer, then, as Benton Harbor falls, so shall all other municipalities and school districts in Michigan.” Mr. Knowles went on to warn Mr. Brewer that Benton Harbor was simply the first domino in a long line that will tumble if Benton Harbor falls.

So, it would appear that Benton Harbor finds itself on its own, with no help from the Michigan Democratic Party. Perhaps this is because, as Michigan blogger Marcy Wheeler suggests, it’s because the Democrats are embarrassed that the EFM was installed under a Democratic Governor. Perhaps they are “keeping their powder dry” for future battles and don’t want to spend money or political capital on a city of only 10,000 people, nearly 85 percent of whom are African American and almost half of whom live below the poverty line.

Apparently, when Chair Brewer told the Berrien County Democrats he didn’t want to reveal his strategy to the Republicans, what he didn’t want to reveal to them is that the Michigan Democratic Party’s strategy, in the case of Benton Harbor, is to do absolutely nothing.

There are no easy answers to the problems facing Benton Harbor.

What is most needed there is real leadership and a clear vision, a vision to help lead the city (and state) to a more promising future. Unfortunately that leadership and vision will need to come from some other place than the Michigan Democratic Party. If, as Commissioner Knowles predicts, Benton Harbor is the first domino in a long line of dominoes to fall, it will be a poor reflection on the MDP’s chair that he didn’t have to courage or the strength to provide leadership when it was needed most.