Governance gets Reprieve

Judge refuses to remove Highland Park schools manager

But he’s willing to hold a hearing

By Melanie D. Scott Free Press Staff Writer

   MASON — An Ingham County circuit judge denied a request seeking to immediately remove Highland Park schools emergency manager Jack Martin for a second time, but he said he was willing to conduct a hearing on the issue.

   Chief Judge William Collette said Thursday he would not remove Martin and would allow him to finish the school year, but he said Martin’s reinstatement as emergency manager deserves a closer look.  

   Gov  . Rick Snyder appointed Martin to head the financially strapped school district in January but asked him to step down weeks later after Collette ruled the state financial review team, which advised Snyder to appoint an emergency manager, violated the Open Meetings Act.

   Collette’s decision made Martin’s appointment invalid. The review team reconvened publicly and again declared a financial emergency in the Highland Park district. Snyder reappointed Martin on March 2.

   Highland Park school board Secretary Robert Davis, who filed the lawsuit alleging the Open Meetings Act violation, said Martin should not have been reappointed.

   “This is not a loss,” Davis said. “The judge just set it for a hearing and invited us to argue all of the issues.”

   Martin did not return calls seeking comment.

   Highland Park parent La-Keisha Brown said she was pleased with Collette’s decision to leave Martin to run the struggling district.

   “The kids have been through enough, and sometimes I think they get lost in the legal stuff,” Brown said. “They should let him finish the school year.”

   Collette said he was not prepared to remove Martin but will allow for a hearing because he thought the review team had a term of 60 days. He was under the impression that when the team reconvened, the members’ terms had expired.

   But Assistant Attorney General Michael Murphy said the review team does not operate on terms and members serve at the will of the governor.

   Collette said that was the opposite position taken by attorneys representing the state in a previous hearing.

   “I have never seen a more convoluted change of position in any case,” Collette said. “The whole thing remains in existence when I was told it was out of existence.”

   A second issue on whether Public Act 4, the state’s emergency manager law, violates the Headlee Amendment also will be heard by Collette, said Andrew Paterson, Davis’ attorney. No date is set.

   Paterson said the Headlee Amendment prohibits the state from making local governments add new services or costs without a vote of the people. He alleges that by making Highland Park schools pay for Martin’s $100,000-a-year salary, the state is in violation of the law.

   “We were seeking an injunction from paying those costs,” Paterson said.

   ! CONTACT MELANIE D. SCOTT: 313-222-6159 OR MDSCOTT@FREEPRESS.COM  

Emergency manager Jack Martin