Public notice bills no help to locals

A two-bill package “modernizing” public notice postings passed out of the Senate this week. SB 258 sponsored by Sen. Vanderwall (R-Mason) and SB 259 sponsored by Sen. Santana (D-Wayne) would modify the definition of a newspaper to mean a newspaper in an adjoining jurisdiction if one was not available in the county. 

The bill would also require the posting of the notice on a website hosted by the newspaper.  Neither of those modifications help to curb the cost of the postings, alleviate the unnecessary details of many of the posting requirements, nor do they assist locals in meeting the publicized notice timeline should a newspaper fail to print the notice in a timely manner. 

MAC offered several amendments to the legislation that were rejected.  The intent of the amendments was to limit the cost of the public notices to a government rate, to allow for partial posting of information with a link to more information, and to allow the posting online to count toward the deadline needed to meet notice posting timelines. The bills have been referred to the House committee on Local Government and Municipal Finance. MAC will continue to advocate for amendments to make this legislation beneficial to counties. 

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

 

Mental health transport option moved by committee

Under Senate Bill 101, sponsored by Rep. Ed McBroom (R-Dickinson), a county board of commissioners would be allowed to contract with a private security company to transport individuals for involuntary hospitalization or screening. The opportunity under the bill will allow county boards to address the many logistical issues that law enforcement officers have to work through when they must transport an individual.

The board would have to establish a county mental health transportation panel, which must include certain members, before entering into a contract. The purpose of the panel would be to recommend a transportation mechanism to serve as an alternative to a peace officer’s transporting an individual to the board. The panel would make sure the company meets the criteria as set forth under the statute, if passed.

The substitute bill that passed the Senate Health Policy and Human Services committee included additional language to protect counties from liability and ensure a private security company would have to maintain insurance coverage. The bill now awaits further action by the full Senate.

For more information on this issue please contact, please contact Meghann Keit-Corrion at keit@micounties.org.

 

NACo hosting webinar featuring Michigan’s jail reforms

County jails are a major local expense and jail populations across the country have tripled since the 1970s. While state lawmakers may think of jails as the county’s responsibility, many of the laws and policies that determine who goes to jail and for how long are made at the state level. Everything from determining what’s a crime, when to arrest someone, how to make pretrial release and sentencing decisions, and how to handle probation violations and unpaid fees, to things like funding for mental health services in the community. County officials often have broad discretion, but they’re not solely responsible for the growth in our jails.

 

Safely reducing jail populations has taken on even more importance during the pandemic as congregate care settings have fueled the spread of COVID-19.

 

Join us on Oct. 28 at 1 p.m. (noon central time) for a half hour webinar featuring the work of the Michigan Association of Counties, which formed a county-state partnership to safely reduce jail populations, and read more about their work here!

 

FY22 budget includes County Incentive Program requirements

The state’s County Incentive Program (CIP) will continue through FY 2022 after Gov. Gretchen Whitmer signed the state budget into law last week. The Michigan Department of Treasury has released guidance for qualifying counties to begin their application process to receive their full CIP payments.

The program’s document requirements include:

• City, village, and township revenue sharing and County Incentive Program certification
• Citizens’ guide  
• Performance dashboard
• Debt service report
• Projected budget report

All required documents must be available for public viewing in the county clerk’s office or posted on a public website. The due date to receive full CIP payments is Dec. 1, 2021. Detailed information can be found on the Michigan Department of Treasury’s CIP website.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

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• Michigan coronavirus cases: Tracking the pandemic (Detroit Free Press)
  
  
• The ransomware scourge: Reckoning time for governments (Governing)

 

Conference draws more than 300 to Mackinac Island; President Kuyers urges unity

More than 300 county leaders from across Michigan converged on Mackinac Island this week for the 2021 Michigan Counties Annual Conference, which culminated with the swearing in of Ottawa Commissioner Phil Kuyers as MAC Board president.

The conference, which was held at the Grand Hotel Sept. 26-28, featured plenary sessions, policy breakouts and the MAC Annual Business Meeting, where commissioners approved policy platforms for the 2021-22 year.

Kuyers, who is starting his third term on the MAC Board, is the 113th person to hold the president’s position.

In his speech after taking the oath on Monday, Sept. 27, Kuyers pledged to “raise up MAC as an example of unity, of bipartisanship, of civility and of common sense” in a time of controversy and high passions.

“You are here tonight and at this conference because you believe in the value of MAC. I urge you to lean on this organization like you never have before. Our comfort zone is gone, another victim of the pandemic. Expectations of county government are rising on new fronts from broadband service to affordable housing,” Kuyers continued. “MAC stands ready to help each of you, and your colleagues who are not here tonight, with navigating these new issues. But we must work together.”

Keynote addresses at the event included presentations by Deputy State Budget Director Bethany Wicksall and Dave Lorenz, who leads the highly popular Pure Michigan travel campaign.

Kuyers will lead a board that gained one new member via elections held at the conference: Melissa Daub of Wayne County. She will fill one of the three at-large seats on the MAC Board of Directors.

As the conference closed, the MAC Board confirmed officers for the 2021-22 term. Joining Kuyers are Stan Ponstein of Kent County (first vice president) and Eileen Kowall of Oakland County (second vice president). Veronica Klinefelt of Macomb County moves to the role of immediate past president.

“We were pleased with the attendance at our first in-person conference in two years,” said Stephan W. Currie, MAC’s executive director. “It speaks to the quality of the policy breakouts and keynote presentations that more than 300 county leaders set aside the time to join us.”

Governor calls mask-budget links unconstitutional in budget message

Gov. Gretchen Whitmer signed the FY22 state budget this week, but only after a few line-item vetoes and deeming certain boilerplate provisions unconstitutional and unenforceable.

The budget presented to the governor included language that “unappropriated” funding of local public health departments if a heath officer has an emergency order in place authorized under the Public Health Code- unless a county board of commission votes to support the order.

In a letter to lawmakers, the governor stated that penalizing local health departments for using their power given to them by the Public Health Code violates the Michigan Constitution. The letter cites both Article 3, section 2 and Article 4, section 25, which provide for separation of powers and no act is to be amended by reference, respectively.  

For more information on this issue, please see the text of the transmittal letter or contact Deena Bosworth at bosworth@micounties.org.

 

U.S. Treasury resets key deadline on ARP reporting

The U.S. Treasury has revised its timeline for counties to submit their Project and Expenditure Reports for the Fiscal Recovery Fund.

Treasury has set aside the original deadline of Oct. 31, 2021, citing comments and feedback gathered during the Interim Report and Recovery Plan Performance Report process.

The Project and Expenditure Reports will now be due on Jan. 31, 2022, and will cover the period between award date and Dec. 31, 2021. Further instructions will be provided at a later date, including updates to existing guidance as well as a user guide to assist recipients to gather and submit the information through Treasury’s Portal. 

Please visit the Treasury’s website at www.Treasury.gov/SLFRPReporting for the latest information.

 

Presentations from 2021 Annual Conference now available

Presentation slides from all of the plenary sessions and MAC policy breakouts at the 2021 Annual Conference are now available on the MAC website.

Among the highlights are:

• A breakdown of the state budget process by Deputy State Budget Director Bethany Wicksall
• The MAC Legislative Update
• A primer on Michigan’s voting process by Ottawa County Clerk Justin Roebuck
• Research studies on the problems with, and potential solutions for, Michigan’s local taxation system

Also on the conference page, you will find Facebook videos of three of the breakout sessions.

 

Check out the 2021 Annual Conference photo gallery

As is always the case when MAC and MCMCFC visit Mackinac Island, there are plenty of photo opportunities – and MAC’s conference photographer, Rod Sanford, captured them.

To see yourself and others, just visit our online gallery.

And this year, MAC is doing something special: If you would like to have a high-resolution version of a gallery photo that is suitable for printing and framing, just make a donation to MACPAC of $10 or more and send the photo ID number to intern2@micounties.org and we will send you the digital file for printing.

 

Daub joins MAC Board after regional caucuses; 4 incumbents re-elected

New executive team members for the MAC Board are (l-r): Stan Ponstein, first vice president; Eileen Kowall, second vice president; Veronica Klinefelt, immediate past president; and Phil Kuyers, president.

During regional caucuses held at the Michigan Counties Annual Conference Sept. 26-28, MAC members re-elected four incumbents and selected a new at-large director for the MAC Board of Directors.

Melissa Daub of Wayne County fills the vacancy created when Kalamazoo Commissioner Julie Rogers was elected to the Michigan House of Representatives in 2020.

“Upon taking office, I immediately became involved with the Michigan Association of Counties to share ideas with my colleagues across the state, as well as the work we’re doing in Wayne County,” said Daub. “Today, I’m proud to be named an at-large member for the MAC Board of Directors and to be continuing my focus on transportation needs in my home county and across the state, as well as tackling the many other shared issues we see at the county level.”

Daub was first elected to the Wayne County Commission in 2018. She represents District 10, which includes Canton Township, Plymouth Township and the City of Plymouth. A proud graduate of Plymouth-Canton High School, Commissioner Daub holds a bachelor’s degree from Eastern Michigan University.

Incumbent board members were returned to the Board from MAC’s Regions 1, 2, 3 and 5.

President Phil Kuyers of Ottawa County will be starting his third term on the board from Region 2 (Southwest Michigan).

Joe Stevens of Dickinson (Region 1 – Upper Peninsula) and Christian Marcus of Antrim (Region 2 – Northwest Michigan) also were elected to third terms. Eileen Kowall of Oakland (Region 5, Southeast Michigan) was elected to her second term and to serve as second vice president of the Board.

Board members can serve a maximum of three 3-year terms.

 

Policy survey invitation heading to county leaders next week

An invitation to participate in the next wave of the Michigan Public Policy Survey (MPPS) is coming next week to your mailbox.

The MPPS is a statewide survey of local government officials conducted since 2009 by the University of Michigan’s Center for Local, State, and Urban Policy (CLOSUP) and co-sponsored by MAC.

On Monday, Oct. 4, you will receive an email link to the new MPPS questionnaire, which asks about issues in your county related to materials management, waste collection, and recycling.

The MPPS studies don’t just end up on someone’s shelf—they are used by legislators, the media, the public, and government officials to better understand what local leaders like you feel is important, right now. Your participation is crucial to the success of the MPPS program.

Reports and data from previous MPPS surveys can be found on the MPPS website: http://mpps.umich.edu.

If you have questions about this research study, contact Dr. Debra Horner, CLOSUP, University of Michigan, 5309 Weill Hall, 735 S. State St., Ann Arbor, MI 48109, 734-615-5315 or closup-mpps@umich.edu.

 

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County revenue sharing increase highlights FY22 budget

Lawmakers and the governor reached a deal on the FY22 budget this week, just days before the Oct. 1 start of the fiscal year. The budget allocates $10.4 billion in General Fund dollars.

The budget includes a 2 percent increase in the base for county revenue sharing, but retained the language requiring the increase in revenue sharing in counties that have been deemed to be in an underfunded status with their pension system to go toward those pension obligations.

Other items of note include:

• $148.9M in Michigan Indigent Defense Commission Grants, which includes implementation of standard 5
• $14.5M for PFAS Remediation Grants
• $13M to fund a Dam Safety Grant Program, with an additional $6M for the Emergency Dam Safety Action Fund
• $14.3M in High Water Infrastructure Grants
• $16M in a one-time appropriation to the state 911 fund for NextGen Infrastructure
  • This appropriation allows the Legislature to eliminate a fee increase in House Bill 5026 for postpaid phones and reduce the fee increase for prepaid
• $29.1M to the Raise the Age Fund, which is to cover cost outside of Child Care Fund eligible expenses for 17-year-olds
• EMS Medicaid fee schedule would be set at 100 percent of Medicare, which is an increase of $54.3M
• $51.4M for essential local public health services, with strings attached depending on local health orders: “If a local health officer has an emergency order under section 2453 of the public health code, 1978 PA 368, MCL 333.2453, in effect as of October 1, 2021, the funds appropriated in part 1 for essential local public health services are unappropriated. This subsection does not apply if a county board of commissioners passes a nonbinding resolution by a record roll call vote to support any emergency orders the local health officer has in effect on October 1 of the current fiscal year.”

According to news sources, “Language in the budget that would strip local health departments of their state funding if they have an emergency health order in place to protect against COVID-19 without the assent of their county board of commissioners will likely be deemed unenforceable by Governor Gretchen Whitmer.” MAC expects more legal information to be released soon.

In other county-related details:

• $5.2B transportation budget includes an additional $52.8M for local road agencies for a total to local road agencies of $1.8B.
• $414.5M gross ($146.1M GF) for a $2.35 per hour direct care worker wage increase.
• $26.5M gross, ($5M GF) (6 FTEs) to support a two-year implementation for the Certified Community Behavioral Health Clinic (CCBHC) Demonstration program
• $5.1M for the second year of a five-year phase-out of the use of Local CMH Local Match funding to support the Medicaid Restricted Mental Health Services line
• $4.25M to the county veteran service fund, $200,000 of which can be used by the Michigan Veteran Affairs Agency to fund administration and technical assistance to counties
• $2M in one-time money for the secondary road patrol grant program is to compensate for lost revenue due to the COVID-19 pandemic, bringing total support to the program at $15M
• $14.8M in the county jail reimbursement program, and agreement to remove language that bars reimbursement for any county that enacts or enforces any law or ordinance concerning the immigration status of an individual
• $2M for local conservation district operational support with an additional $1M one-time funding for FY22
• $45M in Federal funds for Water Infrastructure Improvement Grants for the City of Flint
• $2.1M increase to fully fund PILT payments
• $3M increase for the Michigan Infrastructure Council

Of the $6.5 billion in American Rescue Plan funds allocated to the state of Michigan, the FY22 budget and supplemental for FY21 utilizes just more than $770 million, including $150 million for the Unemployment Trust Fund. The remaining $5.76 billion will be allocated through a series of supplemental budget bills expected to begin negotiations this fall.

For more information about the budget, please contact Deena Bosworth at bosworth@micounties.org or Meghann Keit-Corrion at Keit@micounties.org.

FY22 budget deal announced; 2% boost on revenue sharing expected

A fiscal 2022 state budget deal is in hand, Gov. Gretchen Whitmer and Republican legislative leaders announced this week, just days before the start of the fiscal year on Oct. 1.

The Legislature is set to push through a single omnibus spending bill covering the funding for all state departments for FY22. The House and Senate Conference Committee could take up the bill as soon as Tuesday, Sept. 21, with a floor vote expected within the week. Although, details have yet to be released as to what’s inside this budget, MAC is expecting a 2 percent increase in county revenue sharing.

Not included in the omnibus budget bill will be the $6 billion in federal American Rescue Plan funds allocated to the state or the $1 billion surplus identified in the May Revenue Estimating Conference. These funds will be part of supplemental bills passed throughout the rest of calendar 2021, after all sides have had time to negotiate for the inclusion of their priorities.

MAC will continue to monitor the FY22 budget and supplemental bills as they move through the Legislature.

For more information on this issue, please contact Deena Bosworth at bosworth@micounties.org.

MAC-opposed mental health bills get hearing in Senate

Two bills to revamp the state’s mental health system in ways opposed by MAC received their first hearing before the Senate Government Operations Committee this week.

Senate Bills 597-598 would shift administration of Medicaid mental health services to private health plans through the creation of specialty integrated plans. Senate Majority Leader Mike Shirkey (R- Jackson) sponsored SB 597 and also chairs the committee; SB 598 is sponsored by Sen. John Bizon (R-Calhoun).

In testimony before the committee, the Community Mental Health Association of Michigan (CMHAM) outlined opposition and major areas of concern, including higher costs and lack of public accountability and oversight. Rather than dismantling the current system, CMHAM urged legislators to build from the point of service delivery, rather than taking a top-down financial approach these bills seek to integrate.

Nearly all testimony this week encouraged lawmakers to focus on improving access and staffing shortages across the workforce. Representatives from the Michigan Association of Health Plans testified in support for the bills. A full video of testimony can be found here.

MAC has long opposed a shift to a private health plans and supports local governance and accountability rooted in the mental health code. This structure allows partnerships across county-based services, including responding to those who come in contact with the county sheriff department and/or jail, local court system, juvenile justice system, health department or local hospital.

Another committee hearing is expected to be held on Sept. 21 at 1 p.m.

For more information on this issue, contact Meghann Keit-Corrion at keit@micounties.org.

 

Regional meetings set for ARP local government funding

On March 11, President Biden signed the $1.9 trillion American Rescue Plan Act (ARP) of 2021 establishing the $350 billion Coronavirus State and Local Fiscal Recovery Fund, $130 billion of which is earmarked for distribution to local governments. Generally, allowable uses of the fund include (but are not limited to):

• Responding to or mitigating the COVID-19 public health emergency
• Providing government services to the extent of a reduction in revenue
• Making necessary investments in water, sewer, or broadband infrastructure
• Responding to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers

Member regions of the Michigan Association of Regions will host Michigan State University (MSU) Extension faculty and local and tribal government officials to explore Local Fiscal Recovery Fund spending opportunities in a regional context. Join other local leaders to learn about:

• ARP Local Fiscal Recovery Fund Basic Rules
• Best Practices for Local Fiscal Recovery Fund Spending
• Practical Considerations for Contracts, Accounting, and Project Management
• Group Discussions Related to Regional Collaboration
• Leveraging Other State and Federal Funding and Priorities

The workshops are intended for regional planning and development board members, other local elected and appointed officials, tribal government officials, economic development practitioners and other public and nonprofit community development organization staff.

Program details

All workshops run 9:30 a.m. to 12:30 p.m. (registration opens at 9 a.m. for in-person programs). Format varies by region: virtual (exclusive Zoom), hybrid (choice of in-person or Zoom attendance) or in-person.

All events are free.

The first session is set for Sept. 23 in Traverse City. To see the full list of dates, locations and registration information, click here.

 

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‘Wait-and-see’ approach advised on federal vaccine and testing rule

Counties would be well served to wait and see how a federal rule on employers for COVID vaccines and testing plays out before reacting, MAC was advised by legal experts on Friday.

Attorneys from the firm of Cohl Stoker & Toskey P.C. analyzed the announcement from the Biden administration on Thursday and stated:

“The federal OSHA does not directly apply to Michigan employers. Rather, Michigan has a State Plan of its own under the Michigan Occupational Safety and Health Act (MIOSHA), MCL 408.1001 et seq.

“MIOSHA applies to all places of employment, except domestic employment and mines, MCL 408.1002(1), and applies to all employers, including the State or a political subdivision (including Counties) that employ one or more persons.  MCL 408.1005(2); MCL 408.1006(2); MCL 408.1009. …

“Thus, the promulgation of a new Federal OSHA Standard by the U.S. Department of Labor would not apply in Michigan unless and until it is processed as an administrative rule in Michigan. MCL 408.1014(5). 

“At this point, the scope of the proposed new Federal OSHA Standard mandating vaccines or frequent testing is unclear, e.g., there may be exceptions for certain employers, such as the Postal Service. 

“The actual language must be reviewed to ascertain whether it may ultimately be applicable to Michigan counties. Even so, several groups have already pledged to challenge the proposed new Federal OSHA Standard on constitutional and other grounds.”