Who, What, Where, When, Why? (HOW?)

Authority of Highland Park schools’ manager unclear after court ruling

Open Meetings Act violated, judge says

By Dawson Bell, Suzette Hackney and Chastity Pratt Dawsey Free Press Staff Writers

   MASON — The tumult surrounding the financially stricken Highland Park schools veered closer to disarray Wednesday as an Ingham County judge ruled the process by which the district’s emergency manager was appointed was illegal.

   But confusion reigned on the question of whether manager Jack Martin remains in power.

   School board Secretary Robert Davis said the ruling by Judge William Collette renders Gov. Rick Snyder’s appointment “null and void.” The district is back under the supervision of the board and appointed administrators, Davis said.

   But Snyder’s office released a statement saying that Collette’s order fell short of requiring Martin’s removal.

   And other school board members said they weren’t sure what was going on.

   Asked Wednesday afternoon who was in charge of the school district, Vice President Kathryn Joyner said, “I have no idea.”

   Less than a day earlier, the school board rescinded a separate legal challenge to Martin’s appointment, Joyner said.

   Collette said state financial review teams for both Highland Park schools and the City of Detroit had violated the Open Meetings Act. Davis said he believes that means the recommendation by the Highland Park review team to appoint an emergency manager, adopted by Snyder, is nullified.

   Wednesday’s court order is to be finalized today, Davis said, and if Martin’s authority isn’t rescinded by state officials within 24 hours, he said he and his attorney will seek an emergency order to have him removed.

   “Gov. Snyder doesn’t have any appointment power now that the review team has been declared null and void,” he said.

   Snyder spokeswoman Sara Wurfel said in a statement that Martin will stay on.

   “The ruling only really addressed review teams and the Open Meetings Act, and we don’t believe it affects the appointment by the governor of Jack Martin as emergency manager,” the statement said.

   Martin was named after the review team’s report found the district to be in financial crisis, with a spiraling deficit, plummeting student population and a severe cash flow problem. The state has twice advanced aid payments to Highland Park to cover payroll and expects another request for early payment soon, Wurfel said.

   But Davis said there is no reason why the state cannot offer the same kind of help to the district at the request of its elected board and administration. He and his attorney said Collette’s ruling also calls into question the legitimacy ofemergency managers appointed in Pontiac and Benton Harbor.

   Meanwhile, Detroit Mayor Dave Bing said his administration would work within the guidelines dictated by law. Snyder appointed a 10-member review team (including Martin, who is a certified public accountant) that has been examining the city’s finances.

   “We will abide by whatever process guidelines are mandated by the judge’s ruling and cooperate accordingly,” Bing said in a statement.