70 search results for "Detroit Bankruptcy"

August 2nd Matters

The DPS Bail Out Can Be Spiked By Defeating Just One State House RINO

Michigan Capitol Building Image 1The six bills (PA 192 – 197 of 2016) of the Detroit Public School bail out package passed in the Michigan House of Representatives by margins of 55 – 53 to 60 – 48. The same six bills passed in the Michigan Senate by margins of 19 – 18 to 21 – 16. Close votes; over 50% + 1 but nowhere near two-thirds. And these close votes were only obtained after an entirely false narrative of doom and gloom was presented to the Legislature. This is becoming a major issue in the August 2nd primaries which Michigan’s nitwit media are conveniently ignoring.

Attorney Thomas H. Bleakley (P23892) filed a lawsuit (Helen Moore et al v. Rick Snyder, 16-000153-MM) in the Michigan Court of Claims on the 5th of July which alleges that the entire DPS bail out package’s passage was unconstitutional; the claim being it was in fact a collection of local acts according to the Michigan Constitution of 1963.  Local acts require two-thirds legislative vote margins and voter approvals to become law.  The six bills of the DPS bail out package were all passed, in both houses of the Michigan Legislature, under the more liberal 50% + 1 voting rule allowed only for general acts.

The Michigan Constitution of 1963, Article IV, Section 29 states “No local or special act shall take effect until approved two-thirds of the members elected to and serving in each house and by a majority of the electors voting thereon in the district affected….”. Article IV, Section 30 further states that “….two-thirds of the members elected to and serving in each house of the legislature shall be required for the appropriation of public money or property for local or private purposes.”.

You Betcha! (18)Nuh Uh.(0)

Exactly whose agenda is Gov. Snyder promoting?

"While shutting down the schools would be horrible. It is a better option than the alternative."

“This marks a new day for Detroit families, with DPS free from debt and strong accountability measures for all schools in the city that promises a brighter future for all of Detroit’s children.” – Michigan Governor Rick Snyder after signing the DPS bailout package last month.

If only that were really true.

There’s a story making the rounds here locally, that to put it mildly, I am more than a little surprised hasn’t been picked up by other media outlets around Michigan.

It seems that Emergency Manager Transition Manager Stephen Rhodes, Michigan Treasurer Nick Khouri, Gov. Snyder and a few select others within Michigan Government have felt that it is more important to bury some rather disturbing facts relating to Detroit Public Schools, rather than to make them public (Read: Better make sure that Michigan Taxpayers don’t EVER get wind of this!).

 

What was John Burroughs Intermediate School.

Nope, not the crumbling infrastructure of DPS.

And what is this little nugget you may ask?

{Continued below}

H/T to the good people at Channel 7 in Detroit for breaking this story.

You Betcha! (8)Nuh Uh.(0)

Busy Times

The posts are as usual high quality, but currently a little more sparse because of some ongoing election efforts.

10x25MM has done a fine job pointing out the DPS foibles, and this morning reminds me that bankruptcy really was the legitimate option for the failed district.  It appears that even after 617 Million has been approved, no one knows who is in charge yet. From the Detroit News:

Davis, who has been board president for two years, on Sunday said Lemmons was making his move.

“LaMar Lemmons is trying to hijack the ship, but he is not currently the president, even though he would like to be.”

Both insist they are following the June 9 board meeting results even though the stint is short..

Boys. boys…  Just remember, the Captain goes down with the ship.

In any event, I mentioned election efforts, right?  Below is a radio ad I have prepared to run this coming week, and then again closer to the election. I thought it might be of interest, and that THIS TOO might be of interest.  Higher taxes.. Right?

You Betcha! (8)Nuh Uh.(0)

The DPS Bailout – Debts & Obligations

Part II - The Eventual Cost of DPS Liabilities to Michigan Taxpayers and Detroit Schoolchildren

Debt ImageDPS has two types of formal debt: operating and capital. Operating debt is a conversion of present and past annual operating deficits into ‘long-term notes’ sold to the financial markets, as well as more immediate debts owed to the State of Michigan directly. DPS capital debt exists only in the form of bonds which were sold to financial markets to purchase and rehabilitate facilities.  DPS’ formal bonds are identified by Series, which consists of the year issued and a letter suffix when different purpose bonds are issued in a single year.  The financial markets apply a further identifier, CUSIP, which is a unique identifier of municipal bonds by series and their intended dates of redemption.  All of the DPS debt sold to the financial markets has been enrolled in Public Act 92 of 2005, a program designed to reduce interest rates to local school districts in accordance with the 1963 Michigan Constitution’s Article IX, Section 16.  Most DPS debt is effectively secured by a general obligation to pay, which requires Detroit taxpayers to increase taxes and reduce spending should financial difficulties repaying arise.

DPS 2009B Bond StatementDPS pays off its capital debt in annual installments of both interest and principal, before it pays off (or adds to) its operating debt.  Bond interest and principal payments are required by bond terms which – if ignored – would result in immediate default and bankruptcy.  The exact contract terms of DPS debt sold to the financial markets are laid out in official statements which detail all the formal legal and financial features of the bonds.  The official statement is essentially a contract between DPS and its bond purchasers.

DPS’ operating debt payments are somewhat more flexible than capital debt payments because only a portion of operating debt has been converted into formal bonds covered by statements; much of it is separately owed to the Michigan School Loan Revolving Fund. The SSLRF can best be thought of as a State sponsored credit card. School districts tap into it when they are short of cash, and pay off their balance when they are flush.  Operating debt is only converted into formal bonds when Michigan school districts exceed their limits at the SSLRF.  Those limits are not exact, and generally come into play when DPS goes through one of its periodic financial spasms.

You Betcha! (8)Nuh Uh.(0)

Save The Children!

Are Bailouts The Right Answer for DPS?

school-926213(Reposted from JasonGillman.Com)

The Michigan House just voted to give the Detroit Public Schools a $500 million bailout and the State Senate wants to give $800 million.

104th State Representative and incumbent Larry Inman explains it away as a necessary evil. He suggested on the Ron Jolly radio program Wednesday morning, that lawyers warned house leadership that if they didn’t do something, the courts would take over, and it could be far worse. He referenced the Michigan constitution, and its requirement on the legislature to provide funding for the schools.

My guess is that he did not ask the question of the attorneys advising the house “what might happen if every school district subjected the taxpayers to the same challenge?”

YES, the state is supposed to provide an education. The legislature is supposed to “maintain and support a system of elementary and secondary schools.. ” In fact, From the state constitution:

You Betcha! (15)Nuh Uh.(0)

Forensic Audit – Now!

Rhodes Image 1aRetired U.S. Bankruptcy Judge Steven W. Rhodes, now the Detroit Public Schools’ ‘Transition Manager’, just let another financial whopper out of the bag. Detroit Public Schools received about $30 million in U.S. Department of Education reimbursements for the pensions of grant-funded employees, but failed to forward those federal funds to the Michigan Public School Employees Retirement System. So DPS owes MPSERS $ 30 million dollars, give or take. They are ‘negotiating’.

DPS officials knew of this funds misappropriation in December 2015. Judge Rhodes knew “in March 2016”. Before or after the Michigan Legislature got suckered into passing HB 5296 and HB 5385, the DPS emergency bailout and purported financial review commission?  HB 5296, the $ 48.7 million emergency DPS bailout, cleared the Michigan House on 17 March and the Michigan Senate on 24 March. Governor Snyder signed it as Public Act 54 on 12 April.

Did anyone in Lansing know that 60% of the PA 54 DPS bailout was headed straight to the MPSERS?

If so, why did they not share this little detail with the rest of the Legislature and the public prior to the passage of HB 5296?

You Betcha! (13)Nuh Uh.(0)

Why Are We Bailing Out DPS Again?

Detroit is flush with taxpayer cash.

Not its own taxpayers mind you, but nevertheless, it has a spigot it can apparently turn on at will. A Granholm era program that somehow still exists and ‘guarantees Detroit HS graduates two years of college will apparently come out of the taxes collected for schools.  Even after getting the State bailout money going forward?

Duggan on Tuesday said that in the 2018-19 tax year tax dollars from the growth of the city will start to go into the scholarship fund.

“What the chamber has done is raise the money to create a bridge for that,” he said. “We can’t expect the chamber to raise scholarship money forever. This is the way that it was intended to work. They’ve done a wonderful job in the short-run. We will have funding out of the education tax in the long-run.”

The city forecasts the tax capture, once effective, would provide funding for the next two decades, ranging from $1 million per year up to $4.5 million projected in 2035, according to property value estimates rooted in the city’s bankruptcy Plan of Adjustment.

Money is fungible.

Check.

Ask your legislator how they could allow this to go on.

H/T 10x25MM

You Betcha! (16)Nuh Uh.(0)

The Dismal Science Confutes Emergency Management in Flint

The entire world now knows what crass bureaucratic stupidity, feeble political direction, and witless press coverage did to Flint. We have demonstrated that Flint’s politicians and financial managers made terrible decisions in an effort to replace plunging tax revenue, which had reached statutory and constitutional rate limitations.

Flint Water Bill 1The foremost source of revenue expanded was Flint’s water & sewerage charges. Annual free cash flow from water & sewerage charges was increased from nil to $ 28.7 million (bottoms of page 3-13) over the decade from 2004 [FY2005 CAFR, large file] to 2014 [FY2015 CAFR, large file]. The big jump in free cash flow from water & sewerage charges occurred in 2014 as a consequence of Flint River sourcing. Flint only had to pay the DW&SD pirates for water up to April 25th in 2014. Annual free cash flow from water & sewerage charges in 2013 [FY 2014 CAFR, large file] was only $ 9.4 million when they paid DW&SD all year. Why Flint resourced to the Flint River in one number: $ 19.3 million more in cash flow. And most of this $ 19.3 million is now gone with the return to DW&SD water. We will know how much gone later this year.

That $ 28.7 million in free cash flow during 2014 was a 77% markup on actual Flint water & sewerage costs. Only $ 7 million of it was used for infrastructure, mostly to prepare for the now abandoned Flint River sourcing. Only $ 2 million of it was used to pay off water & sewerage debt. The remaining $ 18.5 million was used by other Flint city departments and applied to other Flint obligations. That $ 18.5 million dollars became 22% of all Flint City revenues. Greater than any other source of revenue, greater than income tax revenue, greater than property tax revenue, greater than State revenue sharing, greater than Federal revenue sharing. That $ 28.7 million dollars was the only reason Flint was able to exit emergency management. That and a $ 65.3 million theft from restatement of Flint’s water and sewerage enterprise fund net positions, from their 2014 CAFR to their 2015 CAFR (compare ending 2014 to beginning 2015 net positions on the bottom of pages 3-13).

Let’s consider a counterfactual. Suppose that Michigan’s bureaucrats and political leaders were actually competent and, under the unrelenting scrutiny of a watchful press, arranged for proper chemistry controls of Flint River sourced water. No Flint residents were exposed to lead, no one died from legionella pneumophila, and Flint residents sang the praises of their new water. Its tough to ignore recent history, but do so for a moment so we can explore a very important question:

Would the financial reorganization of Flint under its popularly elected politicians and emergency managers have worked?

You Betcha! (13)Nuh Uh.(1)

The Case for Strategic Bipartisanship to Dump Rick Snyder

In lieu of the Flint water crisis, our very own Governerd, Rick Snyder, has become the focal point of national fury. While grassroots patriots have hated him for many years for his Medicaid expanding, Common Core pushing, tax hiking, socialism-loving ways, the rest of the country is following suit! But what has dismayed me is to see many conservative Republicans defending this turkey. What gives?

To a certain extent, I understand the inclination to defend him. It’s not like Democrats have been fair with their attacks. They have made it into a racial issue, of course. The fat idiot Michael Moore interjected himself into the mess, and everybody hates that guy. They have shirked the blame from the corrupt and incompetent local Democratic city officials, and made Snyder the fall guy. By doing so, they have given grassroots patriots a golden ticket.

You Betcha! (16)Nuh Uh.(3)