We knew it was coming, but with Detroit’s historic bankruptcy dominating public discourse, it was easy to forget a new layer of bureaucracy was waiting in the wings.
Just days after a federal court judge approved Detroit’s bankruptcy exit plan, Gov. Rick Snyder on Monday announced his appointees to the financial review commission that will oversee the city’s budget. The commission includes public and private financial experts from far away and close by, such as former New York lieutenant governor and political crisis handler Richard Ravitch, who will be senior financial adviser to the commission and Tony Saunders, former emergency manager for Benton Harbor and former chief of staff to City Councillwoman Saunteel Jenkins, who recently left office.
“The nine-member commission will work to ensure the city of Detroit is meeting statutory requirements, review and approve the city's four-year financial plan, and establish programs and requirements for prudent fiscal management, among other roles and responsibilities,” the governor’s office announced.
By law, the commission will exist for at least the next 13 years. Three of the governor’s five appointees for the inaugural commission are from Detroit, according to the announcement. The commission will hold its first orientation meeting at 9 a.m. Wednesday (Nov. 12) at Wayne State University’s McGregor Memorial Conference Center in Detroit. The meeting is open to the public.
The legislature created the commission to oversee the city’s finances when it agreed to pitch in $195 million as part of the “grand bargain” to help with the bankruptcy.
Soon after the bargain was struck, Bridge talked to experts about the commission’s role and logjams faced by similar boards across the nation.
Since Mike Duggan became Detroit's mayor, he’s methodically kept a list of his accomplishments, including his friendly working relationship with City Council. Given the toxic relations of past mayors with council, Duggan’s detente with its members is akin to finding Bigfoot on the second floor of City Hall.
It could come in handy as the mayor and city council are allowed to have a hand in city finances.
But a third party will soon be introduced into this budding relationship: As Detroit exits bankruptcy, a state Financial Review Commission will have authority to approve the mayor and council’s four-year budgets, approve sizeable contracts, approve collective bargaining agreements and report to the governor twice a year for the next 13 years.
This powerful, nine-member commission, created as part of a “grand bargain” with state leaders, is intended to protect nearly $200 million in state funding to Detroit by ensuring that city leaders budget money responsibly. But experts say the commission’s credibility and effectiveness could be blunted if it’s perceived as blocking the ability of Detroit’s democratically elected officials to run the city. If not handled delicately, these experts say, the commission could face the same old political fighting that has scared away residents, businesses and progress.
To avoid this, the state must ensure a meaningful number of local experts and officials are on the commission, said James Spiotto, a municipal bankruptcy expert and co-author of “Municipalities in Distress?: How States and Investors Deal with Local Government Financial Emergencies.”
Duggan and Council President Brenda Jones pushed for local representation on the commission and lawmakers added a city council appointee. There’s also a counter-balance – a gubernatorial non-Detroit resident appointee.
“Nobody likes being told what to do,” Spiotto said. “No mayor or city council wants a mandate from on high. It should be the city’s recovery plan. If you don’t have buy in, it’ll never get done.
“You need the right people on the board who are professional and experienced and have power and dedication to help the municipality turn itself around.”
The commission and its duties
As part of the grand bargain, the state legislature approved a package of bills to help Detroit get out of bankruptcy, that included $195 million in state funding to Detroit and creation of the Michigan Financial Review Commission, run out of the state Department of Treasury.
If all goes well, and the city’s financial targets are met, the commission will dissolve in 13 years.
The size of Detroit’s commission – nine people – could slow progress to that finish line, said Lawrence Miller, a researcher at the University of Washington, who has studied the relationship between financial control boards and governmental financial conditions in distressed cities nationwide.
The creation of state-controlled boards to oversee troubled cities is nothing new, with Philadelphia, New York City and Pittsburgh serving as predecessors to Detroit. But Miller said that smaller boards – of five to seven people – help maximize cooperation and minimize political logjams.
“I think there’s a tradeoff between representativeness and expediency,” Miller said.
Washington D.C. and Springfield, Mass. had five-member boards. In New York, Yonkers and New York City had seven members. “Eight (members) is certainly too many because it will slow the decision-making process without adding new information, and because bigger cities had success with financial control boards with fewer members.”
While the Detroit commission may be too large, its budget will help reduce political games, according to Miller. The commission is to receive $900,000 from this year’s state treasury budget for operations. Financial control boards in New York and Washington, DC worked better than those in cities such as Yonkers because the big-city boards had the money to hire their own staffs to conduct financial research instead of relying on city officials to turn over information, Miller said.
“The lesson, then, is that financial control boards with their own staffs have the capacity to implement new information systems to obtain reliable numbers they can trust and use to make important decisions that will affect the city’s future — including replacing agency leaders when necessary,” according to Miller.
Lou Schimmel knows a little something about overseeing a city – or three. Schimmel served as emergency financial manager or emergency manager in Ecorse, Hamtramck and Pontiac. In each city, after he balanced the budgets and left, the city back slid into deficit. Each was then placed in the hands of yet another state-appointed emergency manager.
Schimmel is now on the transition advisory board for Pontiac, a body permitted under the current Michigan emergency manager law. The Pontiac transition advisory board is less powerful than the commission that will oversee Detroit’s finances. However, the role is the same – to make sure a distressed city does not fall back into the hole after an appointee reins in the budget.
In all three places, as emergency manager Schimmel sidelined elected officials while he cut the budget. The route to recovery, Schimmel said, is the mindset of the people involved – both elected officials and those on the oversight board.
“The question is, when do you get rid of the board? I guess when you get a mayor and council that buy into doing things that don’t create problems,” Schimmel said.