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:

• ARPA 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.

‘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.”

 

August Michigan Counties looks at juvenile justice, policing reforms

County commissioners and administrators will soon receive the August edition of Michigan Counties, MAC’s bimonthly magazine, in their mailboxes. The latest edition features a report on juvenile justice changes and MAC’s advocacy work around them and a briefing from the Michigan Sheriffs’ Association on policing reform bills in the Michigan Legislature.

Also included in this edition are:

• A letter from MAC Board President Veronica Klinefelt as she completes her term as leader of the association
• A report from MAC Executive Director Stephan Currie
• Bios of MAC Board Directors Robert Showers and Joe Bonovetz
• A Q&A with Rep. Kevin Hertel of Macomb County
• An analysis of Michigan’s tax system by the Citizens Research Council of Michigan
• News briefs from around Michigan

To view a digital copy of the August edition or prior ones, visit the magazine page on the MAC website.

 

Governor, legislators set key parameter for FY22 budget totals

In a welcome move, Gov. Gretchen Whitmer and legislative leaders resumed negotiations this week and agreed upon target numbers for each departmental budget bill for fiscal year 2022, which begins Oct. 1. Although many details still have to be worked out, the overall spending amount and the most important priorities for funds have been hashed out.

Not included in the unspecified amount are 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.

The spending of the COVID-19 relief funds will be moved through a series of supplemental bills this fall. Senate Appropriations Committee Chair Jim Stamas (R-Midland) and Vice Chair Curtis Hertel (D-Ingham) are optimistic the budget will be completed and signed by the governor before the Oct. 1 start of the fiscal year.

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.

 

MIDC survey participants warn against premature funding changes

The Michigan Indigent Defense Commission (MIDC) has approved a local share study, required by statute to be submitted to the Legislature by October. The MIDC contracted with Public Sector Consultants to review the current local share formula and conduct stakeholder interviews.

Study participants largely fell into two categories when asked about types of funding systems: support for full state funding or maintaining the current funding structure, in which funding is a combined effort between the State and local systems. MAC and county stakeholders were part of a focus group that reminded evaluators that the 1978 Headlee Amendment was the impetus behind the current formula, and it would be nearly impossible to identify any other funding structure that does not violate the Michigan Constitution.

The report makes note of the Headlee issue and, in large part, suggests any changes to the formula would be premature as implementation of the MIDC process and standards are only a few years old. The report states, “Other participants used stronger language, labeling a reevaluation and potential formula amendment as a ‘reckless’ undertaking that could ‘collapse’ the current system.”

Overall, the report recommendations were to delay formula amendments, which MAC supports. Also made were recommendations to explore further regionalization efforts, require reimbursement collection reporting and establish a reevaluation timeline. In conclusion, the report states, “Participants during all phases of this project have conceded that while the funding formula may not be perfect or final, altering it now would be a disservice to local jurisdictions and the defendants they serve.”

The full report can be found here, beginning on page 63.

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