In an effort to address the more than $11 billion in unfunded accrued OPEB (Other Post-Employment Benefits) liabilities for local governments across Michigan, the House is reviewing a package of bills aimed at changing the insurance benefits for government retirees. The 13-bill package, put forth by Speaker Kevin Cotter (R-Isabella), creates the Local Government Retirement Act and amends all the relevant statutes to require compliance with the main bill, House Bill 6074.

Of Michigan’s 83 counties, 26 do not offer OPEB, while another six are currently at least 80 percent funded in the benefits, which would make them exempt from some of the requirements in the act. The remaining 51 counties have an accumulated unfunded liability of approximately $3 billion.

Breakdown of counties by OPEB commitments
(Updated 1/3/17 with corrected figures for Livingston County)

The six counties above the 80 percent mark — Barry, Cass, Clinton, Macomb, Oakland, Ottawa — would be exempt from the changes to current employee and current retiree OPEB benefits, regardless of whether or not the employees are currently vested in the benefit. These counties, however, would still be subject to the provisions for Medicare eligible retirees, Medicare supplemental policy contributions and for all new hires as detailed below.

The main provisions of the package include:

• Requires an “unvested” retiree to contribute a minimum of 20 percent toward the cost for post-employment insurance and caps a local government’s contribution to a maximum of 80 percent.
• Limits local governments’ contributions toward OPEB benefits for all new hires to a maximum of 2 percent of the employee’s base pay.
• Requires all retirees to be on Medicare when eligible.
• Caps local government contributions to Medicare supplemental policies to 80 percent of the cost of the policy.
• Prohibits a local government, regardless of whether or not it meets the 80 percent funded threshold, from providing insurance benefits to retirees who are eligible to participate in a medical benefit plan or retirement health benefit plan offered or provided by an employer other than the local government.
• Directs that “vested” employees will be exempt from changes in the act. To determine whether or not an employee is vested/exempt, the package states that if a collective bargaining agreement entered into before act’s adoption clearly and expressly confers a fixed, unalterable right to a vested retirement health benefit for an unambiguous duration, then the act does not impair that vested retirement health benefit for that duration.

After consulting with the Executive Committee of MAC’s Board of Directors and several county administrators, MAC took the position of “support in concept” and testified before the House Local Government Committee on that theme on Dec. 1. MAC noted in its testimony our appreciation for providing local governments with some assistance in tackling this looming obligation by taking this issue off of the bargaining table and for the state diverting legal challenges to the proposed law from the local governments that seek to amend the benefits for unvested employees and retirees.

MAC also conveyed concerns with the approach, including:

• Many Michigan counties already have acted to change these benefits for current employees and for new hires. This should be recognized by the state.
• Local control has been, and continues to be, a vital component of good governance, but the state needs to “untie the hands of the county so they have the tools necessary to address the issues.”
• This approach focuses only on fixing local government budgetary issues by going after the costs associated with the employees that provide the public services we all rely upon. MAC would like to see the Legislature actually address the revenue side of the equation.

In addition to the concerns outlined above, MAC will be working with the Legislature on language changes and certain provisions that need to be addressed for specific counties. We anticipate additional hearings next week. For more information, contact Deena Bosworth at Bosworth@micounties.org

Michigan Republicans expanded their already large margin in county commissioner seats in the Nov. 8 General Election, a MAC review of unofficial results shows. The GOP now holds 432 seats, with one vacancy in Ontonagon County still to be filled. That’s up from 396 seats after the 2014 elections, for a net gain of at least 36 seats. Democrats fell to 182 seats, while independents and third-party members hold 7 seats. Republican majorities will sit on boards governing 63 of Michigan’s 83 counties; Democratic majorities will control 19 boards, while the Keweenaw board does not have a partisan majority. Partisan control shifted in five counties due to election results:

• Arenac (D to R)
• Clare (R to D)
• Isabella (D to R)
• Keweenaw (D to no partisan majority)
• Lake (D to R)

Of the 622 commissioners in 2017, 160 will be new to the office, not counting the vacancy in Ontonagon. The turnover rate of 26 percent is consistent with historical results. Republican-majority counties: Alcona, Allegan, Alpena, Antrim, Arenac, Barry, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Cheboygan, Chippewa, Clinton, Crawford, Dickinson, Eaton, Emmet, Grand Traverse, Gratiot, Hillsdale, Houghton, Huron, Ionia, Iosco, Isabella, Jackson, Kalkaska, Kent, Lake, Lapeer, Leelanau, Lenawee, Livingston, Luce, Mackinac, Manistee, Mason, Mecosta, Menominee, Midland, Missaukee, Monroe, Montcalm, Montmorency, Newaygo, Oakland, Oceana, Osceola, Oscoda, Otsego, Ottawa, Presque Isle, Roscommon, St. Clair, St. Joseph, Sanilac, Schoolcraft, Shiawassee, Tuscola, Van Buren, Wexford Democratic-majority counties:  Gogebic, Ontonagon, Iron, Baraga, Marquette, Alger, Delta, Muskegon, Kalamazoo, Ingham, Washtenaw, Wayne, Macomb, Genesee, Saginaw, Bay, Gladwin, Clare, Ogemaw Click here to see a larger version of the partisan-control map.

Michigan’s corps of county commissioners will greet 160 new members* come January, based on a preliminary review of unofficial results from Tuesday’s General Election. (*Updated 11-10-16)

The newcomers represent 26 percent* of the state’s 622 county commissioner seats.

Based on MAC reviews, turnover rates in county commissioner seats range between 20 percent and 25 percent in any given election. Commissioners serve two-year terms.

Among the notable changes stemming from Tuesday’s vote and earlier primary results from August:

• Emmet County will welcome six new members to its seven-member board.
• Lake County in west-central Michigan will have five new members on its seven-member board.
• Branch County in south-central Michigan will have three newcomers on its five-member board.

As the statewide association that represents county governments in Michigan, MAC is gearing up for a series of “New Commissioner Schools,” in partnership with MSU Extension, to give newcomers an intensive look at their responsibilities.

“New commissioners don’t have a great deal of time to prep before their county responsibilities fall on them in January,” explained Tim McGuire, long-time MAC executive director, who will be leaving at the end of 2016. “These programs play an essential role in aiding public servants.”

A new documentary from students at Northern Michigan University tackles the “Dark Stores” property valuation crisis in Michigan. “Boxed In” is an ambitious project, in that it seeks to explain an extraordinarily complicated tax and public policy issue.

Take a look.

But recent coverage from Bloomberg News highlights why this is so important for the entire community.

“Wal-Mart’s out-of-control crime problem is driving police crazy” focuses mainly on the travails of the Tulsa, Okla., Police Department, but the dynamic exists across Michigan:

“Big Box” retailers make big demands on local public services.

“Last year police were called to the store and three other Tulsa Wal-Marts just under 2,000 times,” the story noted.

An analysis of 22 Wal-Mart outlets in Michigan has found that their per-square-foot (PSF) property valuations ranged from $5.26 in Sault Ste. Marie to $33.94 in Wayne County’s Woodhaven.

For comparison, the average PSF value for Wal-Marts in its home state of Arkansas is $53.04.

This is the reality of the Dark Stores valuation loophole that “Big Box” retailers like Wal-Mart have been exploiting since 2013 to vastly reduce their values.

And, since lower property values equal lower property taxes, local governments have lost at least $100 million in revenue since 2013 due to this loophole.

Nevertheless, retailers — and residents — expect local governments to continue to provide those services vital to a safe, high-quality community. Michigan counties, for one example, spent $1.5 billion on security-related tasks in 2015 alone.

So, if Big Box retailers put demands on public services, yet figure out a way not to pay their fair share of the local property taxes to fund them, who is left holding the bill?

Yep, homeowners and small businesses.

Rep. Dave Maturen (R-Kalamazoo County) drafted House Bill 5578 to ensure a fair and reasonable system of valuing property based on its “highest and best use” in the marketplace. The bill soared through the Michigan House last spring on a 97-11 vote and awaits action by the Michigan Senate this fall.

We can’t think of a better epilogue to “Boxed In’s” tale than the enactment of HB 5578 before 2016 ends.

The oil and gas industry is credited with more than $47,000 jobs and more than $13 billion in economic activity in Michigan, according to a recent report by a Lansing research firm.

“Michigan’s Oil and Natural Gas Industry: Economic Contribution,” released by Public Sector Consultants, Inc. in May, found that oil and/or natural gas were produced in 62 of Michigan’s 83 counties, and that the industry had economic effects in 82 counties.

“Employment  in  the  Michigan oil  and natural  gas  industry  has  doubled  since  2005,  from  11,089 jobs  to 22,781 jobs. Jobs are forecast to increase an additional 46 percent over the next ten years, although the outlook for employment will be weaker if the recent drop in oil prices is sustained,” the report stated.

To see the economic effects on your county, click here.