Looking to build on recent success in Lansing capped by the enactment of 4-year terms for county commissioners in 2021, MAC expanded its Governmental Affairs Team today with the addition of two governmental affairs associates.

Fata

Madeline Fata comes to MAC from the offices of Rep. Ken Borton (R-Otsego), who is himself a former MAC Board president.

Fata (fata@micounties.org) also worked in the offices of state Sens. Wayne Schmidt (R-Grand Traverse) and Dale Zorn (R-Monroe) and for Michigan Legislative Consultants, a Lansing-based lobbying firm.

She has a bachelor’s degree in social science from Michigan State University, with a secondary degree in anthropology. Between Fata and Governmental Affairs Director Deena Bosworth (anthropology, Western Michigan University), MAC may have the largest anthropology contingent of any advocacy office in the United States!

Samantha Gibson has even deeper ties to MAC, having served as an intern on our Governmental Affairs Team in 2019-20.

Gibson

Gibson (gibson@micounties.org) was most recently the legislative director for Rep. Rodney Wakeman (R-Tuscola), where she focused on policy work for the House Families, Children and Seniors Committee. Gibson has a bachelor’s degree in political science from Michigan State University.

Madeline will staff MAC’s policy committees on Transportation and on Environmental, Natural Resources and Regulatory Affairs.

Sam will staff MAC’s policy committees on Health and Human Services and on Judiciary and Public Safety.

“I am very excited to bring on both of these up-and-coming women to our staff,” said Deena Bosworth, MAC’s director of governmental affairs. “Each brings a level of expertise, personality and advocacy skills that will help shape and define the future of our organization.”

MAC has created this area to collect and share information on American Rescue Plan funds that related to Michigan’s 83 counties.

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Jim Storey at MAC’s Lansing offices prior to testifying to a Senate committee on four-year terms for commissioners.

Allegan County Commissioner Jim Storey and Dickinson County’s Joe Stevens testified Thursday (April 29) in favor of four-year terms for county commissioners before the Senate Local Government Committee.

The duo spoke on behalf of Senate Bills 242 and 245.

Senate Bill 242, by Sen. Ed McBroom (R-Dickinson), and SB 245, by Sen. Jeremy Moss (D-Oakland) would bring four-year terms to Michigan in the 2024 presidential election cycle. Passage of these bills would end Michigan’s status as one of just five states with two-year terms on all commissioners.

In his testimony, Storey said, “In short, county commissioners are responsible for overseeing county governments whose job is service delivery, every day of every week of every month of every year. Being distracted from this service delivery, not legislative, function by short elected terms disserves the residents we share.”

MAC continues to encourage commissioners to add their voices to the four-year term effort. As of Thursday afternoon, 54 county leaders had responded. Please add your voice to this effort today by clicking here.

MAC also requests that counties adopt official resolutions of support for the legislation. To download a template for this purpose, click here.

FY20 budget deal uses federal COVID aid to compensate counties for revenue sharing cuts

Legislative leaders and the Governor’s Office reached final agreement this week on a plan to balance the current FY20 state budget by making large cuts to state spending and backfilling them with federal COVID aid dollars.

Of note for counties is a $97 million cut in revenue sharing from the state, backfilled with $150 million in federal aid that has some restrictions.

So, the August revenue sharing payment will not go out as a revenue sharing payment. Instead, the state will be sending out payments to local governments out of a new $150 million pot of CARES funding. The amount that will be sent to each unit eligible for the August revenue sharing payment will be based on their proportion of the total pot of the $97 million that was cut.

If your county, for example, was getting 2 percent of the $97 million, you will get 2 percent of the $150 million.

MAC has confirmed that this will be a disbursement, but it is assumed at this point that counties will have to issue a report back to the State certifying that the funds were allocated to COVID-19-related expenses. Eligible allocations would include non-reimbursed public health and public safety payroll expenditures, personal protection equipment and facility modifications.

In addition to the revenue sharing changes, the budget bill has also extended the July 17 deadline to apply for the payroll reimbursement program. The deadline to apply for that now will be one week from the time this supplemental budget is enacted. This was done to accommodate those entities that were not originally eligible to apply for the funds, included public safety authorities and district health departments. 

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

 

MAC forming workgroup to study options on tax foreclosure

Following a Michigan Supreme Court ruling that gutted the system of tax foreclosures that counties have used for years, MAC will be forming a workgroup to study ways to address the consequences of the decision.

In Rafaeli v. Oakland County, the court ruled county treasurers cannot keep excess funds after a foreclosed property is sold and the overdue tax bill is satisfied. The court said such funds, minus the owed taxes, must be refunded to the former homeowner.

“We are disappointed in the decision,” said Stephan Currie, executive director of the Michigan Association of Counties. “We are still trying to determine the fiscal impact on our members. And we have concerns about the costs to our members of those properties that we end up selling at a loss, and concerns about the loss of funds used to remove blight from our communities.”

Oakland County had argued in the case that keeping the profits was constitutional because the tax foreclosure law gives delinquent homeowners a type of due process, reported Michigan Radio. Therefore, the county reasoned, counties aren’t taking the homeowners’ rightful property, because the homeowner had already forfeited it.

MAC continues its legal analysis of the ruling and will be reporting back to members when that analysis is complete.

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

 

Live talk with Tom Izzo confirmed for Annual Conference

Legendary Michigan State University coach Tom Izzo will address attendees of the 2020 Virtual Annual Conference LIVE on Aug. 20 at 11 a.m., MAC confirmed this week. After his remarks on leadership and team building, the national championship coach will take questions.

The live chat will be one of the highlights of the 2020 MAC Virtual Annual Conference, which will include events on days between Aug. 18 and Aug. 27.

Other highlights include:

  • Plenary sessions that will feature MAC’s Legislative Update, the semi-annual “State of MAC” report and an address by MAC Board President Veronica Klinefelt
  • The Annual Business Meeting, during which members will vote on MAC’s policy platforms for the 2020-21 year
  • Seven policy workshops that will focus heavily on the implications of COVID-19 for counties in the coming months
  • A Virtual Exhibitor Show that will allow attendees to select up to five firms from which to hear 10-minute presentations

The unique nature of this event also brings changes to registration procedures:

  • The conference registration fee is only $50 for members, which includes all county officials
  • Attendees must register by a new deadline prior to the event – Aug. 7
  • MAC will not accept “walk-up” registrations during the conference (this is due to credentialing and election procedures adopted for the conference)

Start your registration with our Attendee Packet.

 

Senate committee approves trial court fee authority extension

Extension of the authority of trial courts to levy costs on defendants is one step closer to enactment this week, after the Senate Judiciary Committee approved House Bill 5488

The bill, by Rep. Sarah Lightner (R-Jackson), would extend statutory authority, and maintain the status quo, for Michigan’s trial courts to levy costs to defendants. Currently, that authority expires this October.

The state’s Trial Court Funding Commission said court costs “directly account for as high as $291 million annually in support (most of the 26.2 percent generated). Additionally, approximately $127 million of the annual funds transferred from the State originate from court assessments at sentencing. When totaled, Michigan trial courts are supported, in significant part, by over $418 million assessed to criminal defendants.”

The Commission also reported “findings from the survey of local funding units show that the total cost of Michigan’s court system (outside of the supreme court and court of appeals) amounts to between $1.14 billion and $1.44 billion.” Of the total amount, the percentage of local court operations expenses covered by state general fund is 2.24 percent. The report calls for a rebalancing of state and local funds and makes recommendations for the Legislature to consider for a stable court funding system.

Without completion of HB 5488, a longer-term stable funding solution cannot be worked out as an assurance that courts will not be in financial crisis is the utmost importance at this most difficult financial time for county governments.

Passage of the extension is a key priority for MAC this year. The Senate is expected to vote on the bill when it returns for session work in early August.

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

 

Legislative goals identified for jail reforms

This week, legislative leaders and bill sponsors teed up September priorities to include jail task force recommendations.

The “Smarter on Crime, Better for Communities” campaign focuses on four principal objectives: 

  • Eliminate driver’s license suspension as a penalty for offenses unrelated to dangerous driving
  • Expand the use of arrest alternatives at the system’s forefront, allowing policemen the discretion to issue citations for all misdemeanors and re-identifying some traffic misdemeanors as civil infractions
  • Convert low-level offenses to jail alternatives and eliminate mandates for minimum jail sentences to serve
  • Reduce jail admission for probation and parole violations, which is Michigan’s fifth-most-common reason for incarceration

Senate Bills 1046-51 and House Bills 5844 and 5846-5852 are before the judiciary committees in their respective chambers. MAC will be evaluating each one and partner with other key stakeholders in making policy decisions that conform with MAC platforms.

MAC policy platforms, before the membership this August, were amended to include “continued partnership with the Michigan Task Force on Jail and Pretrial Incarceration to support smart criminal justice reform and lessening burdens on county jails while maintaining public safety.”

For questions on this issue, contact Meghann Keit at keit@micounties.org.

 

Health worker immunity legislation has uncertain fate

Legislation to clarify legal immunity to health workers dealing with COVID-19 cases is headed to the governor after final approval this week by the House and Senate of two bills.

Senate Bill 899 (H-2) clarifies when immunity applies and under specific circumstances.

The immunity will apply during the period from March 10, 2020, to Jan. 1, 2021 and “extend to any death or injury arising out of or resulting from any act or omission by a health care provider or health care facility, including a county medical care facility (MCF) while engaging in one or more of the following activities: 

  • Rendering COVID-19-related health care services to a person with presumed, suspected, or confirmed COVID-19
  • Arranging, scheduling, rescheduling, canceling or postponing the rendering of health care services, including a decision to use telehealth or other remote services instead of an in-person encounter, in reliance on or in compliance with any administrative or governmental agency, division, or department policy, rule, or directive or any executive order or law regarding health care services provided by a health care provider or health care facility
  • Acts, omissions, or decisions resulting from a shortage of necessary resources, including blood products, medical equipment, pharmaceuticals or staffing

However, it is uncertain if Gov. Gretchen Whitmer will sign the bill, as she and legislative Democrats have said they believe the protections go too far.

“The governor put in place liability protections for frontline workers when cases were spiking and she’s prepared to do so again if necessary,” said Whitmer aide Tiffany Brown in a MIRS News Service report. “The only obstacle frontline workers face is the legislative majority that refuses to recognize a state of emergency during this once-in-a-lifetime global pandemic, casting doubt on these protections.

 “This bill attempts to paper over that failure. Moreover, it’s also just bad policy. Immunity should be available in very limited circumstances; it should not be a permanent feature of any emergency, which will only harm the people receiving care.

 SB 956 (H-3) requires the Michigan Department of Health and Human Services (DHHS) to do the following:

  • By Aug. 15, 2020, conduct an evaluation of the operation, efficacy, clinical outcomes and performance of each COVID-19 regional hub that was implemented and operating during the state response to coronavirus in nursing homes and provide a detailed report on that evaluation to the House and Senate Health Policy committees.
  • By Sept. 1, 2020, in consultation with hospitals located in each of the state’s eight health care regions, develop a plan based on relevant and updated guidance from the federal Centers for Disease Control and Prevention (CDC), describing a process to ensure that there is at least one dedicated facility available for coronavirus-positive patients in each of the eight health care regions to provide care only for those ineligible for admission at a hospital, nursing home, or adult foster care facility. DHHS would have to submit the plan to the House and Senate Health Policy committees upon its completion.
  • Beginning Sept. 1, 2020, if a hospital determined that a coronavirus-positive person was not eligible for hospital admission and the person was not a nursing home resident, the hospital would have to transfer him or her to a dedicated facility described above or a field hospital or other facility used as a surge capacity for the hospital.
  • Beginning Sept. 1, 2020, a person who had tested positive for coronavirus and who was being moved from another health facility or agency could not be admitted or retained for care in a nursing home unless the person had since recovered from coronavirus.
  • Beginning Sept. 1, 2020, unless a nursing home could provide care to a coronavirus-positive resident in a physically separate building, the nursing home would have to move the resident to a dedicated facility described above or a field hospital or other facility used as a surge capacity for a hospital.

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

 

MDHHS rescheduling, changing format of opioid town halls­­­­­

The Michigan Opioids Task Force and Michigan Department of Health and Human Services (MDHHS) are rescheduling and changing the format of previously announced local town halls on opioids. These town halls will now be in a virtual format.

The following is the new town hall schedule:

  • Northern Lower Michigan (previously the Gaylord town hall), Wednesday, Sept. 23.
  • Flint and Thumb Region (previously the Flint town hall) Friday, Sept. 25.
  • Upper Peninsula (previously the Escanaba town hall) Thursday, Oct. 8.
  • West Michigan (previously the Grand Rapids town hall) Friday, Nov. 6.
  • Macomb and Oakland counties (previously the Sterling Heights town hall) Thursday, Dec. 3

“During the events, state officials will seek to learn more about how the opioid epidemic has impacted different regions of the state. To ensure information gathered reflects the experience of the local communities, residents are asked to only participate in the virtual town hall for the area in which they reside,” the department said in a statement.

More details on how to participate will be provided at Michigan.gov/opioids closer to the events.

In 2018, Michigan recorded more than 2,000 opioid-related overdose deaths and more than 8,000 Michiganders have lost their lives to this epidemic in the last five years. At the town halls, MDHHS and the Michigan Opioids Task Force will share the 2020 strategy to turn the tide on the crisis, seek feedback from the public and host a Q& A about the crisis response.      

A few key questions will guide the conversation:

  • How has the opioid epidemic affected you, your family or your community?
  • What services, programs or policies would you recommend to help address the crisis?
  • How can the state help combat stigma and change the narrative around opioid use disorder?

For more information about the state’s opioids response and available resources, visit Michigan.gov/opioids.

 

NACo applauds county leaders’ help on federal aid bill

US Capitol

Much still must be clarified about the latest federal relief package awaiting House action before its full effects on counties are known, said officials with the National Association of Counties via a briefing call on Thursday, March 26.

NACo leaders, however, were pleased with the inclusion of the $150 billion Coronavirus Relief Fund included in the $2 trillion Senate-approved package that’s aimed at state, local and tribal governments.

Deborah Cox of NACo was able to state that:

  • 45 percent of the $150 billion is eligible for direct payments to local units with populations above 500,000; and
  • Such funds were meant for recent expenditures due to the public health emergency and unanticipated costs to local budgets that occurred on March 1 or after.

In Michigan, though, only four counties (Wayne, Oakland, Macomb and Kent) exceed the population threshold.

Cox and the NACo briefers said clarity was needed about aid to smaller counties and that there already were “100 different interpretations” of what the relief fund language actually meant.

Cox praised the calls from local county officials during the drafting process for helping to ensure counties would be specifically included in the relief fund.

Also critical is that under the economic stabilization sections of the bill, the U.S. Treasury can purchase debt from state and local units, while the Federal Reserve can participate in the secondary bond market for municipal debt, thereby reducing borrowing costs for counties.

Other key elements to the “CARES” Act identified in the call:

  • $1.32 billion is allotted to community health centers for COVID response – “a definite win for counties,” NACo said
  • Previously planned cuts to hospitals serving the uninsured and underinsured were pushed back to Nov. 30
  • $1 billion for agencies for aging to help them deliver meals, provide home-based services, support care-givers and provide equipment nursing homes to protect residents
  • $400 million for election assistance in the 2020 cycle
  • $56 million for airports in the Essential Air Service program
  • $5 billion for CDBG
  • $45 billion for FEMA disaster relief fund

NACo’s comprehensive analysis of the bill can be found here. As for eventual timing of the funds, the House passed the bill on Friday afternoon, President Trump is expected to sign it later today.

 

Damage from rising water levels will mount, state warns

The Michigan Department of Environment, Great Lakes and Energy (EGLE) hosted an hour-long seminar Thursday evening to highlight the vulnerability of our natural resources and infrastructure due to record high water levels across Michigan and the Great Lakes.

Presentations by the Army Corp of Engineers and EGLE provided viewers with charts and graphs reporting record levels during 2019 and 2020 for all of the Great Lakes, and the current trajectory for water levels in the coming spring and summer months. The trend is calling for significantly higher water levels and the potential for greater and more costly damage to Michigan’s shorelines, farmland, parks, roads and other critical infrastructure.

The Michigan Department of Transportation estimates it has spent more than $5 million mitigating damage and anticipates that number to reach near $100 million before it’s all over. The Michigan Department of Agriculture reported that more than million acres of farmland could not be planted due to flooding last year, and its projections for the 2020 growing season are just as stark. 

What is most concerning is damages inflicted on municipal infrastructure. These high water levels have affected stormwater systems and sewer systems and caused discharges from combined stormwater and sewer systems. EGLE sent a letter to each entity in possession of a National Pollutant Discharge Elimination System permit asking that they submit a vulnerability analysis to minimize the impact this anticipated rise in water levels will have on existing infrastructure.

The city of Detroit is spending $2 million on temporary dams to help prevent an overload of their combined stormwater and sewer systems. Work is under way to map the potential effects of a one-foot rise in Great Lakes levels, analyze where all of that water is going to go and figure out how best to notify residents of the potential for flooding.

A copy of the presentations will soon be up on EGLS website.

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

 

Urge your county to reply to census today

By now, you’ve probably received the 2020 Census in your mailbox. While national attention is properly focused on COVID-19, it is important to encourage your county residents to count themselves. The census determines congressional representation, as well as federal funding for public health and disease prevention, Medicaid and Medicare, health care centers statewide and other essential services.  

So far, Michigan ranks sixth in the country for census responses at 30.6 percent, compared to 26.2 percent nationwide (you can find an interactive map that includes all 50 states’ response rates here.) In 2010, Michigan had a response rate of 68 percent and our goal this year is 82 percent.

To date, more than 25 percent of census responses in Michigan have been done online, an option available for the first time this year. It is important to underscore that the census only has 9 questions and shouldn’t take more than 10 minutes to fill out to completion.

Census takers were scheduled to begin canvassing households that hadn’t yet responded in early April, but COVID-19 has, of course, disrupted that timeline. In the interim, please urge your constituents to fill out the census at their earliest convenience. This can be done online at www.my2020census.gov, over the phone at 844-330-2020 or through the physical form that comes in the mail.

The COVID-19 pandemic is a reminder why it’s never been more critical that all Michigan residents fill out their census form in order to get our fair share of funding for emergency services, police and fire funding, senior programs and more. Help us keep Michigan near the best in the nation!  

For more information on this issue, contact Michael Ruddock at ruddock@micounties.org.

 

Maintenance is essential activity; counties must facilitate utility work, etc.

MAC is issuing another advisory to all counties regarding your code and permit operations that affect businesses such as utilities doing maintenance work.

Here is what the Governor’s Office says on this issue under her EO:

“Q: Is construction allowed under the executive order?

“A: Some limited forms of construction are permissible, including construction to maintain and improve essential public works like roads, bridges, the telecommunications infrastructure, and public health infrastructure. Construction workers may also undertake such projects as necessary to maintain and improve the safety, sanitation, and essential operations of residences. In addition, businesses may designate construction firms to provide necessary support to the work of the businesses’ critical infrastructure workers. All construction work that is carried out while the order is in effect must be done in accordance with the mitigation measures required under section 5(c) of the order.”

We have received reports of county offices telling callers that they are blocked by the EO from operating the normal coordination process on maintenance work. One example: “Point of call (to MAC) is to discuss some issues the telecom and energy issues are having as local units of government are limiting workforce hours and availability. This has impacted critical projects and emergency repairs around the state when permits are sought or 811 staking is required.”

Please review with your teams to ensure operational/staff support to these activities.

If you have questions on this, contact Deena Bosworth at bosworth@micounties.org.

 

County leaders, look for survey info in email, mailboxes

With the coronavirus (COVID-19) outbreak placing tremendous stress on so many of our communities, we’re hoping you might find time to share your experiences through the upcoming round of the Michigan Public Policy Survey (MPPS) program is coming soon to your mailbox.

The MPPS is an annual statewide survey of local government officials conducted by the University of Michigan in collaboration with the Michigan Townships Association (MTA), Michigan Municipal League (MML), and Michigan Association of Counties (MAC).

On March 30, you’ll receive an email link to the new MPPS questionnaire, which asks about the public health and economic challenges your county may be facing because of COVID-19. It also continues the annual tracking of counties’ fiscal health.

The U-M survey team plans to quickly share responses to the COVID-19 questions with other leaders to help the state respond to the crisis, all while carefully protecting your anonymity and confidentiality. Your participation is crucial to the success of the MPPS program.

If you have questions about this research study, you can contact Dr. Debra Horner, Center for Local, State, and Urban Policy, University of Michigan, 5309 Weill Hall, 735 S. State St., Ann Arbor, MI 48109, 734-647-4091, closup-mpps@umich.edu.

Please keep an eye out for your email invitation to take the survey next week. Thank you so much for supporting this effort.

 

State adjutant general details crisis response

On Thursday, the state Department of Military and Veterans Affairs released a letter from Maj. Gen. Paul Rogers, the state adujant general, on efforts by the National Guard to assist communities during the coronavirus crisis.
 
Rogers noted, “The Michigan National Guard has approximately 300 personnel already supporting the State of Michigan’s COVID-19 response. Since March 18th, guard members have supported relief activities across the state, with missions including relief planning, assembling and loading critical personal protective gear, and staffing at distribution centers across Michigan.”
 

 

DTE outlines actions taken in coronavirus crisis

DTE has taken the following actions to aid customers and keep employees safe during this challenging, unprecedented time:

  • DTE has all employees who can work remotely doing so, and we’ve kept those essential employees needed at facilities in their roles to maintain both gas and electric service for our customers
  • We are also suspending shutoffs and extend senior programs in response to the coronavirus through April 30
  • DTE has suspended all non-essential work as of March 23 – news release with details below
  • Updates for customers, including Q&A, can be found by visiting dteenergy.com/covid19.

 

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