{ "name": "Michigan", "categories": [ { "number": 1, "subcategories": [ { "questions": [ { "number": 1, "name": "In law, citizens have a right of access to government information through a defined mechanism.", "criteria": "A YES score is earned if, in law, there is a right to access government information, including information on \"open meetings\" and a defined mechanism for citizens to access it. A YES can still be scored if exceptions for security, trade secrets, or individual privacy are made.\r\n\r\nA MODERATE score is earned if there is a general right, but no law or regulation operationalizes that right, it is vague, or does not clearly specify a mechanism to access the information.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "The Michigan FOIA has gaping exemptions for: the Governor’s Office and Lt. Governor’s Office and their employees; the Michigan Supreme Court; the Michigan Legislature; the Attorney General’s Office and the Secretary of State’s Office. As a result, each of these entities routinely cites their exemption and legally, summarily dismiss FOIA requests.\r\n\r\nMichigan’s Freedom of Information Act (FOIA) offers a thorough process for allowing the public to gain access to information about state government. Under section 15.231 of the code, \"all persons, except those persons incarcerated in state or local correctional facilities, are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees...\" The statute describes \"public records\" as any \"writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created.\" \r\n\r\nIn an Attorney General’s Opinion of 1986, AG Frank Kelley said: “If a state legislator is to be subject to FOIA, such officer must be included with the term \"public body\" as defined in MCL 15.232(b)(ii); MSA 4.1801(2)(b)(ii). A plain reading of this provision discloses that neither the office of state senator nor state representative is enumerated therein. MacQueen City Commission of Port Huron, 194 Mich 328, 342; 160 NW 627 (1916). A review of legislative intent. Department of Civil Rights v City of Warren, 136 Mich App 103, 111; 355 NW2d 687 (1984), lv den, 421 Mich 860 (1985). “An examination of the legislative history of MCL 15.232(b); MSA 4.1801(2)(b) reveals a clear intent to exclude state legislators from the definition of a ‘public body.’\" Along with giving the Executive branch a blanket exemption from FOIA, the open records act also lists several exemptions to the law including trade secrets, matters affecting security, medical records, attorney-client privilege etc. (Section 15.243)\r\n\r\nTo access this information, persons have to provide a public body's FOIA coordinator with a written request that describes a public record sufficiently to enable the public body to find the public record. The law gives citizens the right to inspect, copy, or receive copies of the requested public record of the public body. (Section 15.233)\r\n\r\nThe state Open Meetings Act also provides access to government proceedings. A meeting is defined as the \"convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering a decision on a public policy, or any meeting of the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117.4o.\" (Section 12.262) The most contentious aspect of the OMA is the exception for university boards meeting to choose a university president. (Section 15.268(j))", "source": "Freedom Of Information Act, 1976; Michigan Code Sections 15.231 to 15.246 \r\nhttp://www.legislature.mi.gov/(S(lopsawqw4ogl1dev34disgin))/mileg.aspx?page=GetObject&objectname=mcl-Act-442-of-1976\r\n\r\nAG Opinion No. 6390, 1986 http://www.ag.state.mi.us/opinion/datafiles/1980s/op06390.htm\r\n\r\nOpen Meetings Act, 1976; Sections 15.261 to 15.275 http://www.legislature.mi.gov/(S(03vg2yfyunc43vb3mdzdprhe))/mileg.aspx?page=getObject&objectName=mcl-Act-267-of-1976\r\n\r\n---\r\nPeer Reviewer Sources: \r\n\"Governor, lawmakers off limits under public records law,\" Detroit Free Press, Sept. 21, 2014 http://www.freep.com/story/news/local/michigan/2014/09/21/michigan-foia-law-exempts-governor-\r\n\"Bring public university boards out of the shadows,\" Detroit Free Press, June 10, 2015." }, { "number": 2, "name": "In law, citizens have a right of access to private sector information through a defined mechanism.", "criteria": "A YES score is earned if, in law, there is a right to access private sector information related to government contracts or public service delivery and a defined mechanism for citizens to access it. A YES can still be scored if exceptions for security, trade secrets, or individual privacy are made.\r\n\r\nA MODERATE score is earned if there is a general right, but no law or regulation operationalizes that right, it is vague, or does not clearly specify a mechanism to access the information.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "The Michigan FOIA does not specify access to information about private sector organizations with state government ties, other than the bidding and procurement process. That data can be obtained through the standard FOIA request process. In a 2004 state Attorney General's Opinion, which carries the force of law, the AG ruled that \"side agreements\" made by public officials in confidentiality with a private company can be excluded from FOIA. That case, Coblentz vs. The City of Novi, centered on a settlement in which the city transferred a 75-acre parcel of property to Sandstone Associates to end a court dispute.", "source": "Michigan Freedom of Information Act, Michigan Compiled Code Section 15.232; http://www.legislature.mi.gov/(S(gucynmsuzucxbxall5epjozq))/mileg.aspx?page=getObject&objectName=mcl-15-232\r\n\r\nMichigan Court of Appeals, Coblentz v. City of Novi, http://www.ecases.us/case/michctapp/2047438/coblentz-v-city-of-novi" }, { "number": 3, "name": "In law, there is an entity/ies to monitor the application of access to information laws.", "criteria": "A YES score is earned if the entity mandated to monitor access to information laws has the authority to independently initiate investigations into alleged violations and to sanction offenders. \r\n\r\nA MODERATE score is earned if the entity has the legal authority to initiate investigations independently, but no authority to impose sanctions.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 4, "name": "In law, citizens have a right of appeal if access to government information is denied.", "criteria": "A YES score is earned if the law defines an administrative appeals process for rejected information requests. Citizens do not need to go through the court system to appeal.\r\n\r\nA MODERATE score is earned if, in law, access to information appeals must be resolved through the court system.\r\n\r\nA NO score is earned if the law is mute about where appeals should be decided.", "details": "", "answer": "YES", "explanation": "Under Michigan law, a FOIA request that is denied can first be appealed through an administrative process. The appeal is filed with the proper administrative authority or body within state government and a decision is rendered. At the local level, it’s worth noting that a vote is taken by the township board or city council whether to support the FOIA denial. If the FOIA requester is again denied, the law allows for the appeal to continue via lawsuit in county circuit court. Michigan has no entity that monitors the FOIA process. However, the courts can impose fines of up to $500, under current law. \r\n\r\nA new law that takes effect in July raises the maximum fine to $1,000, $2,000 or $7,500, depending on the circumstances of the case. In determining the amount of the civil fine, the courts will consider the budget of the public body and whether it has previously received FOIA violations fines. As for OMA disputes, a county prosecutor or the Attorney General’s Office can file suit on behalf of the person or organization that files a complaint.", "source": "Freedom Of Information Act, 1976; Michigan Code Section 15.241\r\nhttp://www.legislature.mi.gov/(S(o3v5jraeztkc0tknordid2pu))/mileg.aspx?page=getObject&objectName=mcl-15-241-amended\r\n\r\nOpen Meetings Act, 1976; Sections 15.271 http://www.legislature.mi.gov/documents/mcl/pdf/mcl-act-267-of-1976.pdf" }, { "number": 5, "name": "In law, there is an open data law, requiring the government to publish data online in an open format.", "criteria": "A YES score is earned if the law requires the government to make data easily accessible online and in machine readable format. \r\n\r\nA MODERATE score is earned if the law requires the government to make information available easily accessible online.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists.", "source": "No such law exists" } ], "number": 1.1, "name": "Do citizens have a legal right of access to information?" }, { "questions": [ { "number": 6, "name": "In practice, branches of government, state agencies and government officials do not claim to be exempt from access to information laws.", "criteria": "A 100 score is earned if no state agencies, branches of government or government officials claim to be exempt from access to information laws, including email correspondence and \"open meetings.\" A 100 score can also be earned if codified exemptions are correctly claimed. \r\n\r\nA 50 score is earned if some agencies, some branches of government, or some government officials claim to be exempt from access to information laws. \r\n\r\nA 0 score is earned if exemptions are claimed regularly.", "details": "", "answer": "50", "explanation": "The Michigan FOIA has gaping exemptions for: the Governor’s Office and Lt. Governor’s Office and their employees; the Michigan Supreme Court; the Michigan Legislature; the Attorney General’s Office and the Secretary of State’s Office. As a result, each of these entities routinely cites their exemption and legally, summarily dismiss FOIA requests. The exemption for the state House and Senate was affirmed by a 1986 Attorney General’s Opinion. Because of these wide-reaching exemptions the score is 50 for Michigan. \r\n\r\nIn his Attorney General’s Opinion of 1986, AG Frank Kelley said: “If a state legislator is to be subject to FOIA, such officer must be included with the term \"public body\" as defined in MCL 15.232(b)(ii); MSA 4.1801(2)(b)(ii). A plain reading of this provision discloses that neither the office of state senator nor state representative is enumerated therein. MacQueen City Commission of Port Huron, 194 Mich 328, 342; 160 NW 627 (1916). A review of legislative intent. Department of Civil Rights v City of Warren, 136 Mich App 103, 111; 355 NW2d 687 (1984), lv den, 421 Mich 860 (1985).\r\n\r\n“An examination of the legislative history of MCL 15.232(b); MSA 4.1801(2)(b) reveals a clear intent to exclude state legislators from the definition of a ‘public body.’\"\r\nAccording to Jeremy Steele, a Michigan State University professor and a co-founder of the Michigan Coalition for Open Government, the blanket exemption that is granted for the Legislature \"sends a powerful message\" that Michigan lawmakers side with secrecy, not transparency.\r\nAttempts to end all of the exemptions outlined above through legislation have thus far failed. In practice, OMA compliance is routine and not an issue.\r\n\r\n---\r\nPeer Reviewer Comment:\r\nThe boards of Michigan public universities, including, but not limited to the University of Michigan, claim they are exempted from provisions of the Open Meetings Act. The universities claim that only \"\"formal meetings\"\" of their governing boards must be held in public and it is up to them to determine what constitutes a formal meeting. The claimed exemption is not found in the Open Meetings Act, but is based on interpretations of the state constitution and earlier court rulings. It's an issue that remains in dispute in the courts.", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nState Sen. Steve Bieda, Feb. 24, 2015, phone interview\r\n\r\nMichigan Press Association – Legal Counsel Robin Luce-Herrmann, Feb. 23, 2015, phone interview\r\n\r\nWayne State University – Jack Lessenberry, head of Journalism Dept., Feb. 23-24, 2015, phone interview\r\n\r\nMichigan FOIA law exempts governor, legislature - Detroit Free Press, Sept. 21, 2014 http://www.freep.com/story/news/local/michigan/2014/09/21/michigan-foia-law-exempts-governor-legislature/15881735/\r\n\r\n---\r\nPeer Reviewer Source:\r\n\"Free Press may appeal decision in suit against U-M,\" Detroit Free Press, June 11, 2015; http://www.freep.com/story/news/local/michigan/2015/06/11/detroit-free-press-lawsuit-university-michigan-open-meetings-violations/71092760/ " }, { "number": 7, "name": "In practice, private sector information related to government information is not claimed to be exempt from access to information laws.", "criteria": "A 100 score is earned if no private sector information related to government contracts and public service delivery is claimed to be exempt from access to information laws. A 100 score can still be earned if codified exemptions are correctly claimed. \r\n\r\nA 50 score is earned if some private sector information is claimed to be exempt from access to information laws. A 50 score is also earned if there are exemptions related to three or more key public services (education, health, infrastructure, utilities, etc.). \r\n\r\nA 0 is score is earned if exemptions are claimed regularly.", "details": "", "answer": "75", "explanation": "In general, experts say the exemptions claimed for private sector information are no more common than the exemption claims made for government information. FOIA requests related to procurement and bidding are granted, regardless of which department is seeking the goods or services cited in the request. \r\n\r\nOn its website, the state Department of Technology, Management and Budget Department warns vendors that \"The Freedom of Information Act entitles citizens of the state to full and complete information regarding the affairs of government and the official acts of public officials and public employees. The documents DTMB-Procurement issues or receives in soliciting, evaluating, and awarding procurements are available to the public for inspection and copying under the terms of the Freedom of Information Act. \"In the summer of 2013, the Lansing State Journal, relying on the online accessibility to all current and upcoming contracts online, examined all 1,200 contracts, worth a combined $32 billion, handled by the state Department of Technology, Management and Budget. ", "source": "Michigan Press Association – Legal Counsel Robin Luce-Herrmann, Feb. 23, 2015, phone interview\r\n\r\nWayne State University – Jack Lessenberry, head of Journalism Dept., Feb. 23-24, 2015, phone interview\r\n\r\nLansing State Journal, Sept. 7, 2013, \"Transparency on state contracts won't be cheap\" http://archive.lansingstatejournal.com/article/20130908/NEWS07/309080065/Transparency-state-contracts-won-t-cheap\r\n\r\nAttorney General’s Office – Andrea Bitely, Feb. 24, 2015, email and phone conversations \r\n\r\nBudget Department, State Laws Affecting Procurements, http://www.michigan.gov/micontractconnect/0,4541,7-225-48677-20051--,00.html" }, { "number": 8, "name": "In practice, the calendars of both the governor and legislators are available to the public.", "criteria": "A 100 score is earned if the calendars (meetings, itinerary) of both the governor and legislators are made available to the public, either online or by request. \r\n\r\nA 50 score is earned if the calendars of only the governor are available, or vice versa.\r\n\r\nA 0 score is earned if these calendars are not available.", "details": "", "answer": "50", "explanation": "The governor, and to some extent the lieutenant governor, puts out in advance a daily schedule for the media that typically lists two to five events where they will be in attendance. The advisories are geared for media that alert them and ultimately public to where and when the Governor (and Lt. Gov.) are going to be. However, the governor lists only public events such as speeches, press conferences, functions and conferences. Information about private meetings is never made public. \r\n\r\nThe public can sign up for an email notification service that provides the governor’s daily schedule. In addition major public policy events can be viewed through the Governor’s Office’s live streaming service. Gov. Rick Snyder also engages with the public daily on social media. \r\n\r\nLegislators generally do not make their schedules public, though they often attend several functions and private meetings daily. Some lawmakers use social media to occasionally announce events they are holding or attending. The Legislature does provide an online schedule for committee and subcommittee meetings, as well as full sessions of the House and Senate.", "source": "Michigan Press Association – Legal Counsel Robin Luce-Herrmann, Feb. 23, 2015, phone interview\r\n\r\nSarah Wurfel, governor's press secretary, email conversations, June 5, 2015\r\n\r\nState Sen. Steve Bieda, Feb. 24, 2015, phone interview\r\n\r\nGovernor's Office Livestream http://www.michigan.gov/snyder/0,4668,7-277-60112-268720--,00.html\r\n\r\nGovernor's Office Email Service https://public.govdelivery.com/accounts/MIGOV/subscriber/new\r\n\r\nMichigan Legislature website http://www.legislature.mi.gov/(S(tj1o3sqxbmo0xfrupn2fdvfx))/mileg.aspx?page=Calendars" }, { "number": 9, "name": "In practice, citizens receive responses to access to information requests within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if all information is available online or electronically at no cost, or it can be obtained in paper for the cost of photocopies within 20 working days. A 100 score still applies if exceptions are made for security, trade secrets, or individual privacy.\r\n \r\nA 50 score is earned if obtaining information may take between 20 and 60 working days or requesters must visit an office. A 50 score is also earned if fees apply for information the state deems not in the public interest.\r\n\r\nA 0 score is earned if obtaining information takes more than 60 days. A 0 score is also earned if it is common for the state to abuse security or individual privacy exemptions, or the state commonly imposes fees that discourage requests.", "details": "", "answer": "25", "explanation": "FOIA requests in Michigan, especially detailed requests from the media, sometimes carry a price tag in the thousands of dollars. The law requires an initial response time of five business days, or 10 days if the responding agency declares that it needs an extension – and they often make such a claim. Response times of one to three months are not unusual for all the information sought and government agencies respond in a wildly diverse manner.\r\n\r\nA study conducted two years ago by Michigan State University’s School of Journalism had students file FOIA requests with Ingham County schools and municipalities asking how many FOIA requests these entities had received in each of the five preceding years. Responses varied: Some communities answered immediately, others denied the request and invited the students to file a lawsuit. Three required per-page copying fees ranging from $5 to $40. One student was told “this is just a crummy time of year to follow the Freedom of Information Act.”\r\n\r\nNo ratios or groups of examples can be offered of state government abusing the “not in the public interest” exemption. That is because there is no central FOIA office or database. However, a new law, years in the making, that takes effect in July will introduce significant changes to the FOIA of 1976 to control fees, reduce delays and impose much larger fines on government agencies that “arbitrarily and capriciously” fail to follow the law.\r\n\r\nThe Lansing State Journal ran into a major roadblock when attempting to use FOIA in 2013 to obtain wide-ranging information on state government contracts when state agencies demanded fees of thousands of dollars to complete the newspaper's request. The newspaper was seeking details on contracts granted in two areas: by the Michigan Economic Development Corporation for promotion of the state's business climate and tourist hotspots, and by the Michigan Department of Transportation for road and bridge repair and reconstruction projects. An MEDC official told the LSJ that it would cost $1,700 just to allow a reporter to review the contacts. And an MDOT official said the agency would need “tens of thousands of dollars” before making the information available for review. \r\n\r\n ", "source": "Jack Lessenberry, head of Journalism Dept., Wayne State University, phone interviews, Feb. 23-24, 2015 \r\n\r\nJane Briggs-Bunting, Journalism School director, Michigan State University and Oakland University, Ret., co-founder of Michigan Coalition for Open Government, phone interview, June 8, 2015\r\n\r\nMichigan Press Association White Paper http://www.michiganpress.org/OpenGovernmentResources.aspx\r\n\r\nLansing State Journal, Sept. 7, 2013, \"Transparency on state contracts won't be cheap\" http://archive.lansingstatejournal.com/article/20130908/NEWS07/309080065/Transparency-state-contracts-won-t-cheap\r\n\r\nLansing State Journal, March 16, 2015, \"How open are Michigan's public records?\" http://www.lansingstatejournal.com/story/news/local/2015/03/15/foia-law-changes-fees/24760137/" }, { "number": 10, "name": "In practice, access to information requests are fully answered and/or detailed reasons for denying information are provided.", "criteria": "A 100 score is earned if all the information requested is typically provided. When information is denied, the government always provides specific reasons.\r\n\r\nA 50 score is earned if only some of the information requested is usually provided or the government does not always provides the reasons for denying it.\r\n\r\nA 0 score is earned if the government rarely or never replies to information requests, provides meaningless content or does not explain the reasons for denying the information.", "details": "", "answer": "50", "explanation": "A recurring shortcoming of the Michigan FOIA, in practice, is that some responses don’t provide all information requested, ignore portions of the request, or fail to explain in detail why the full request was not granted, according to experts and legislative attempts to revise the FOIA law. Response times of one to three months are not unusual for all the information sought and government agencies respond in a wildly diverse manner.\r\n\r\nA study conducted two years ago by Michigan State University’s School of Journalism had students file FOIA requests with Ingham County schools and municipalities asking how many FOIA requests these entities had received in each of the five preceding years. Responses varied: Some communities answered immediately, others denied the request and invited the students to file a lawsuit. Three required per-page copying fees ranging from $5 to $40. One student was told “this is just a crummy time of year to follow the Freedom of Information Act.”\r\n\r\nAccording to the Michigan Press Association, one FOIA request with wide implications -- whether police must provide all video evidence received from a third party in a criminal case -- was filed in 2011 but the matter was not resolved until 2014. The case, Amberg vs. the city of Dearborn, resulted in a 2012 circuit court case, where the city prevailed. The case advanced to the Court of Appeals and the plaintiffs again suffered a defeat in March 2014. When the state Supreme Court weighed in, on Dec. 16, 2014, some video material had already been released, but the plaintiffs succeeded in receiving reimbursement for their attorney fees and court costs.", "source": "Michigan Press Association – Legal Counsel Robin Luce-Herrmann, Feb. 23, 2015, phone interview\r\n\r\nJane Briggs-Bunting, Journalism School director, Michigan State University and Oakland University, Ret., co-founder of Michigan Coalition for Open Government, phone interview, June 8, 2015\r\n\r\nSenate Fiscal Agency Bill Analysis of New Law (HB 4001) http://www.legislature.mi.gov/documents/2013-2014/billanalysis/Senate/pdf/2013-SFA-4001-L.pdf\r\n\r\nJeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichigan Press Association White Paper http://www.michiganpress.org/OpenGovernmentResources.aspx\r\n \r\nMichigan FOIA bills that stalled, failed, Detroit Free Press, Sept. 21, 2014 http://www.freep.com/story/news/local/michigan/2014/09/21/many-foia-bills-deck-michigan-legislature/15893775/" }, { "number": 11, "name": "In practice, citizens can resolve appeals to access to information requests within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if the administrative appeals entity acknowledges cases promptly and moves them steadily toward resolution, usually in under two months. There is no cost associated with the administrative appeals process. \r\n\r\nA 50 score is earned if the administrative appeals agency acts with some delay and cases take between two and four months to be resolved.\r\n\r\nA 0 score is earned if there is no administrative appeals agency or appeals are regularly not resolved. A 0 is also scored if the appeals have to go through the court system.", "details": "", "answer": "50", "explanation": "A state department or agency in Michigan must initially respond to a FOIA appeal within five days, at no additional cost. In practice, the agency’s final determination is reached within 15 to 30 days. \r\n\r\nThe second option for the requester then becomes a lawsuit in county circuit court. The FOIA requires circuit judges to handle access to information cases on an expedited basis and, in practice they typically moved them to the top of their dockets. Cases are typically decided in a range of a few weeks to several months, according to Robin Luce-Herrmann, legal counsel for the Michigan Press Association.\r\n\r\nIf the agency appeals the circuit decision, the case goes to the state Court of Appeals, where a ruling can take up to one year. If the case goes all the way to the ultimate appeal, the Michigan Supreme Court often takes a year to decide the case. If the requester eventually prevails, some or all court costs are reimbursed.\r\n\r\nOne freedom of information request filed in November 2011 by the Coalition for No-Fault Auto Insurance is still unresolved. The defendant, the Michigan Catastrophic Claims Association, which handles all insurance claims in which an accident victim is severely injured, asserted that the MCCA is not a government agency. The case went to the circuit court and the Court of Appeals before reaching the state Supreme Court. In February 2015 the Supreme Court remanded the case back to the COA and told the court to schedule oral arguments.\r\n\r\nA FOIA case that was closely watched within law enforcement circles was Bitterman vs. the Village of Oakley. In March 2013 the plaintiff sought records, documents, and information about village police reservists. The case went to circuit court and later that same year the circuit court ruled in the village’s favor. The case advanced to the Court of Appeals, which did not rule until January 2015. The COA partially granted the FOIA request while denying the release of some information based on an exception in the law designed to protect the safety of police officers. \r\n\r\nOne FOIA request with wide implications -- whether police must provide all video evidence received from a third party in a criminal case -- was filed in 2011 but the matter was not resolved until three years later. The case, Amberg vs. the city of Dearborn, resulted in a 2012 circuit court case, where the city prevailed. The case advanced to the Court of Appeals and the plaintiffs again suffered a defeat in March 2014. When the state Supreme Court weighed in, on Dec. 16, 2014, some video material had already been released, but the plaintiffs succeeded in receiving reimbursement for their attorney fees and court costs.\r\n\r\nIn addition, some FOIA requests are delayed for months without sufficient explanation. The University of Michigan in mid-March 2015 had yet to release dozens of documents related to the U.S. Department of Education’s ongoing Title IX investigation of U-M, which were requested and paid for in part by the college newspaper, The Michigan Daily, more than two months prior.\r\n\r\nCritics say that a major weakness in Michigan's FOIA is that it's weak provisions for recovery of attorney fees by a resident fighting for information is a major disincentive and leaves the citizen \"adrift\" if they choose to challenge a FOIA denial in the court system.", "source": "Michigan Press Association – Legal Counsel Robin Luce-Herrmann, Feb. 23, 2015, phone interview\r\n\r\nJane Briggs-Bunting, Journalism School director, Michigan State University and Oakland University, Ret., co-founder of Michigan Coalition for Open Government, phone interview, June 8, 2015\r\nMichigan Press Association Report; http://www.michiganpress.org/Portals/8/PDF/righttoknow_2011.pdf\r\n\r\nThe Michigan Daily, March 11, 2015,https://www.michigandaily.com/news/foia-deadline" }, { "number": 12, "name": "In practice, the entity/ies to monitor the application of access to information laws independently initiates investigations and imposes penalties on offenders.", "criteria": "A 100 score is earned if the entity independently initiates investigations and imposes sanctions when necessary. \r\n\r\nA 50 score is earned if the entity does not often initiate investigations or it fails to impose sanctions when necessary. \r\n\r\nA 0 score is earned if no such entity exists or it exists, but rarely initiates investigations.", "details": "", "answer": "0", "explanation": "While Michigan has no entity that monitors the FOIA process or imposes sanctions, the courts can impose fines of up to $500 on violators, under current law. The new law that takes effect in July raises the maximum fine to $7,500. If the court determines that a public body intentionally violated the FOIA process, the new law allows a civil fine of not less than $2,500 or more than $7,500 for each occurrence. In determining the amount of the civil fine, the courts will consider the budget of the public body and whether it has previously received FOIA violations fines. \r\n\r\nHowever, Jane Briggs-Bunting, retired Journalism Department director for Michigan State University, said that she has never heard of a court ever levying a significant fine under current law and she questions whether judges will be willing to impose even larger fines under the new law.\r\n\r\nRobin Luce-Herrmann, legal counsel for the Michigan Press Association, said she is aware of only one FOIA case in recent years in which the judge imposed the maximum $500 fine. In that case, brought forward by the Petoskey News Review, the circuit court found in April 2012 that the Charlevoix County Board of Commissioners' refusal to produce documents was not the result of an oversight or mistake, but instead was motivated by bad faith and delays in responding were arbitrary and capricious.", "source": "FOIA, Section 15.236\r\nHouse Bill 4401 (Enacted 2015) https://legiscan.com/MI/text/HB4001/id/680334/Michigan-2013-HB4001-Introduced.html\r\n\r\nMichigan Press Association – Legal Counsel Robin Luce-Herrmann, Feb. 23, 2015, phone interview\r\n\r\nState Sen. Steve Bieda, Feb. 24, 2015, phone interview" }, { "number": 13, "name": "In practice, government responses to FOI requests are made available in open data format.", "criteria": "A 100 score is earned if the government maintains a centralized or decentralized database that lists all government responses to FOI requests. Information can be easily accessed, downloaded in bulk and in a machine-readable format (non-PDF).\r\n\r\nA 50 score is earned if some information cannot be easily accessed and/or downloaded in bulk, but it can be downloaded in machine-readable format.\r\n\r\nA 0 score is earned if such information is not available online or it is but it cannot be downloaded.", "details": "", "answer": "0", "explanation": "Michigan has no open database that catalogs FOIA requests and responses. \r\n\r\nSome government agencies post access to some type of the information they produce or have online to assist the public. These include the Michigan State Police ($10 fee per search), the Michigan Lottery, the Auditor General, the governor’s “Dashboard” of government performance and efficiency, and the FAQs posted by a few agencies, such as the Department of Treasury. Although they are easily accessible, these sites do not log public records responses and all data is in pdf form. ", "source": "Governor’s Office website http://www.michigan.gov/snyder\r\n\r\nMichigan Press Association – Legal Counsel Robin Luce-Herrmann, Feb. 23, 2015, phone interview\r\n\r\nState Sen. Steve Bieda, Feb. 24, 2015, phone interview\r\n\r\nMichigan State Police ICHAT System\r\nhttp://apps.michigan.gov/ichat/home.aspx \r\n\r\nMichigan Bureau of the Lottery\r\nhttps://www.michiganlottery.com/past_winning_numbers?\r\n\r\nMichigan Auditor General's Office\r\nhttp://www.audgen.michigan.gov/transparency/transparency.html\r\n \r\nMichigan Dashboard \r\nhttps://midashboard.michigan.gov/ \r\n \r\nMichigan Department of Treasury FAQs http://www.michigan.gov/treasury/0,4679,7-121-1762-247278--,00.html\r\n\r\nSunlight Foundation\r\nhttp://sunlightfoundation.com/policy/documents/ten-open-data-principles/" } ], "number": 1.2, "name": "Is the right of access to information effective?" } ], "name": "Public Access to Information", "score": 33.8, "rank": 42 }, { "number": 2, "subcategories": [ { "questions": [ { "number": 14, "name": "In law, there are limits on individual donations to candidates and to political parties.", "criteria": "A YES score is earned if there are limits on the size of individual contributions to candidates and to political parties.\r\n\r\nA MODERATE score is earned if there is a limit on the size of individual contributions to either candidates or parties.\r\n\r\nA NO score is earned if no such limits exist.", "details": "", "answer": "MODERATE", "explanation": "Michigan law sets limits on individual donations to candidates, but there are no limits on individual donations to political parties\r\n\r\nIn December 2013, the Michigan Legislature passed a law that amended the Michigan Campaign Finance Act of 1976 by doubling contribution limits for individuals: $6,800 for candidates for governor and other statewide offices; $2,000 for state Senate candidates; and $1,000 for state House candidates. These are limits per election cycle. The new law also limits individual contributions to state House or state Senate partisan caucus committees to $40,000 per calendar year. There are no limits on individual donations to political parties.", "source": "Public Act 252 2013, Michigan Code Sections 169.252\r\nhttp://www.legislature.mi.gov/(S(3yvmv2izhookf3tto0w1lmey))/mileg.aspx?page=getobject&objectname=mcl-169-269&query=on\r\n\r\nPublic Act 252 of 2013, Michigan Code Sections 169.252a\r\nhttp://www.legislature.mi.gov/(S(3yvmv2izhookf3tto0w1lmey))/mileg.aspx?page=getobject&objectname=mcl-169-252&query=on\r\n\r\n33 to 169.269\r\nMichigan Secretary of State Contribution Rules\r\nhttp://www.mi.gov/documents/sos/2014_Contribution_Limits_443582_7.pdf" }, { "number": 15, "name": "In law, there are limits on corporate donations to candidates and to political parties.", "criteria": "A YES score is earned if there are limits on the size of corporate contributions to candidates and to political parties. \r\n\r\nA MODERATE score is earned if there is a limit on the size of corporate contributions to either candidates or parties. \r\n\r\nA NO score is earned if no such limits exist.", "details": "", "answer": "YES", "explanation": "Corporate checks are not allowed by candidates or political parties for expenditures that directly impact a candidate's election or re-election. Corporations cannot make direct contributions to parties or candidates of any amount.", "source": "Michigan Campaign Finance Act 1976, Michigan Code Section 169.254\r\nhttp://www.legislature.mi.gov/(S(2u0e0qqwmwm1wpftio2isc2e))/mileg.aspx?page=getObject&objectName=mcl-169-254\r\n\r\nMichigan Secretary of State Contribution Rules\r\nhttp://www.mi.gov/sos/0,4670,7-127-1633_8723---,00.html" }, { "number": 16, "name": "In law, there are limits on political action committees' donations to candidates and to political parties.", "criteria": "A YES score is earned if there are limits on the size of political action committees' (PACs) contributions to candidates and to political parties. \r\n\r\nA MODERATE score is earned if there is a limit on the size of PACs' contributions to either candidates or parties. \r\n\r\nA NO score is earned if no such limits exist.", "details": "", "answer": "MODERATE", "explanation": "PACs can donate 10 times the individual contribution limit to candidates. As a result, in an election cycle they can contribute $68,000 to candidates for governor or other statewide offices, $20,000 to candidates for state Senate and $10,000 to candidates for state House. There are no limits in law on the amount that can be donated to political parties.", "source": "Michigan Campaign Finance Act 1976, Michigan Code Section 169.229\r\nhttp://www.legislature.mi.gov/(S(yqbef5mmpmvoknrpzavsytxo))/mileg.aspx?page=getObject&objectName=mcl-169-229\r\n\r\nPublic Act 252 2013\r\nhttp://www.legislature.mi.gov/(S(c5ag21jez3j11dlsd4wtkroa))/mileg.aspx?page=getobject&objectname=mcl-169-252&query=on\r\n\r\nMichigan Secretary of State Contribution Rules\r\nhttp://www.mi.gov/sos/0,4670,7-127-1633_8723---,00.html" }, { "number": 17, "name": "In law, there are limits on lobbyists' donations to candidates and to political parties.", "criteria": "A YES score is earned if there are limits on the size of contributions from lobbyists to candidates and to political parties. \r\n\r\nA MODERATE score is earned if there is a limit on the size of contributions from lobbyists to either candidates or parties.\r\n\r\nA NO score is earned if no such limits exist.", "details": "", "answer": "MODERATE", "explanation": "Lobbyists are not explicitly mentioned under Michigan legislature regarding contribution restrictions. \r\n\r\nThe Michigan laws regarding campaign finance and lobbying are silent on rules specifically for lobbyists regarding contribution limits. As a result, lobbyists face the same limits as any individual: $6,800 for statewide offices; $2,000 for state Senate; and $1,000 for state House. That also means that they can make unlimited contributions to PACs and political parties. ", "source": "Michigan Campaign Finance Act 1976\r\nhttp://www.legislature.mi.gov/(S(krg53ejckkqd1e4ubusv5pzm))/mileg.aspx?page=GetObject&objectname=mcl-Act-388-of-1976" }, { "number": 18, "name": "In law, funds raised by outside groups in coordination with a candidate and then spent in support of that candidate are subject to donation limits.", "criteria": "A YES score is earned if an independent group raises money in coordination with a candidate AND that group spends that money in support of the candidate THEN the spending is treated as a direct contribution to the candidate, and therefore subject to contribution limits.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 19, "name": "In law, all current and former candidates/elected officials are prohibited from the personal use of campaign contributions.", "criteria": "A YES score is earned if it is forbidden for current and former candidates/elected officials to use campaign contributions for personal ends, including unspent campaign funds. \r\n\r\nA NO score is earned if no such laws exists.", "details": "", "answer": "YES", "explanation": "Under the Michigan Campaign Finance Act, a candidate can personally receive campaign money that is a reimbursement for \"incidental (out-of-pocket) expenses.\" Those reimbursements are reported in the expenditures section of the campaign finance reports. The unexpended funds from a candidate committee that's dissolving can be given to a candidate committee with similar contribution limits. The money also can be given to: a political party committee, a legislative caucus committee, an independent committee or a ballot question committee. \r\n\r\nThe only explicit reference in the law to limitations on a candidate maintaining control of the remaining funds, after a cash transfer, is a provision that says the money can be granted to a tax-exempt charitable organization “as long as the candidate does not become an officer or director of or receive compensation, either directly or indirectly, from that organization.”", "source": "Michigan Campaign Finance Act 1976, Michigan Code Section 169.221 http://www.legislature.mi.gov/(S(nrh2aktbeb2qhmh5e1ohi3gl))/mileg.aspx?page=getObject&objectName=mcl-169-221\r\n\r\nMichigan Campaign Finance Act 1976, Michigan Code Section 169.245 http://www.legislature.mi.gov/(S(nrh2aktbeb2qhmh5e1ohi3gl))/mileg.aspx?page=getObject&objectName=mcl-169-245" } ], "number": 2.1, "name": "Are there regulations governing the financing of candidates and political parties?" }, { "questions": [ { "number": 20, "name": "In practice, the limits on individual donations to candidates and political parties are respected.", "criteria": "A 100 score is earned if there are no documented instances of individuals' contributions to candidates and parties circumventing donation limits. \r\n\r\nA 50 score is earned if the limits are occasionally circumvented.\r\n\r\nA 0 score is earned if limits are usually circumvented or do not exist.", "details": "", "answer": "25", "explanation": "Due to Michigan's limited contribution and reporting requirements, wealthy donors can make large, unlimited donations to political parties and political action committees. That money is typically used to finance unlimited independent expenditures on television and radio ads, mailed campaign brochures or robo-calls to help support or defeat a candidate.\r\n\r\nIn practice, numerous loopholes exist in Michigan's campaign finance law. Issue advertising -- electioneering ads -- have become extraordinarily common in Michigan in many types of campaigns. The contributors and contribution amounts of this “dark money” that finances these expenditures by political parties and independent committees -- PACs and super PACs -- are never reported. \r\n\r\nThe Michigan Campaign Finance Network, a nonprofit watchdog group, has found that since 2000, political parties, nonprofit groups and PACs have sponsored more than $130 million worth of \"candidate-focused television advertisements that sought to define political candidates' suitability for public office.\"\r\n\r\nIn the 2014 election cycle for governor, the MCFN tracked TV stations’ campaign advertising schedules and found that the Republican candidate benefited from nearly $18.9 million in unregulated issue ads that benefited incumbent Gov. Rick Snyder. At the same time, the Democratic challenger, Mark Schauer, received $16.3 million worth of assistance from issue ads. The contributors behind these elaborate TV campaigns – sponsored by groups such as the Democratic and Republican governors’ associations, the National Education Association and the Michigan Republican Party – were never reported, as is allowed under Michigan law.\r\nThe weakness of Michigan’s enforcement process is demonstrated by the fact that the Independence USA PAC, a federal PAC funded by former New York mayor Michael Bloomberg, did not register as a state PAC, yet it spent $2.7 million in 2014 for issue advocacy TV ads supporting Gov. Snyder.\r\n\r\nAs for the emergence of super PACs, 20 of the top 40 PACs engaged in Michigan’s 2014 elections for state offices were , which are not required to report any of their finances, including direct contributions from corporations or labor unions.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11, 2015\r\n\r\nJohn Pirich, former state assistant attorney general, attorney for Honigman Miller firm specializing in election law and campaign finance, phone interview, June 5, 2015\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16, 2015 \r\n\r\nMark Brewer, former Michigan Democratic Party chairman, phone interview, March 12, 2015" }, { "number": 21, "name": "In practice, the limits on corporate donations to candidates and political parties are respected.", "criteria": "A 100 score is earned if there are no documented instances of corporate contributions to candidates and parties circumventing donation limits. \r\n\r\nA 50 score is earned if the limits are occasionally circumvented.\r\n\r\nA 0 score is earned if limits are usually circumvented or do not exist.", "details": "", "answer": "25", "explanation": "Corporate checks are not accepted by candidates or the political parties' campaign accounts. However, corporate money is funneled into the parties' administrative accounts. Those accounts are supposed to fund overhead expenses and basic activities such as get-out-the-vote efforts. But corporate money -- so-called soft money -- within those administrative accounts is routinely used to finance issue ads and ads directly backing candidates. Because of the secrecy involved with the \"dark money\" in Michigan politics, it is also widely suspected that PACs accept corporate and labor union money to fund issue ads.\r\n\r\nThe Michigan Campaign Finance Network, a nonprofit watchdog group, has found that since 2000, political parties, nonprofit groups and PACs have sponsored more than $130 million worth of \"candidate-focused television advertisements that sought to define political candidates' suitability for public office.\" Many of those ads exuded a distinctly pro-business or pro-labor message.\r\n\r\nIn the 2014 election cycle for governor, the MCFN tracked TV stations’ campaign advertising schedules and found that the Republican candidate benefited from nearly $18.9 million in unregulated issue ads that assisted incumbent Gov. Rick Snyder. At the same time, the Democratic challenger, Mark Schauer, received $16.3 million worth of assistance from issue ads.\r\n\r\nThe donors behind these elaborate TV campaigns – contributors to groups such as the Democratic and Republican governors’ associations, the National Education Association and the Michigan Republican Party – were never reported, as is allowed under Michigan law. The MCFN found that similar practices were undertaken for other statewide offices, such as secretary of state, attorney general and state Supreme Court.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11, 2015 \r\n\r\nMichigan Campaign Finance Network 2014 report http://www.mcfn.org/press.php?prId=223\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16, 2015 \r\n\r\nMark Brewer, former Michigan Democratic Party chairman, phone interview, March 12, 2015" }, { "number": 22, "name": "In practice, the limits on political action committees' donations to candidates and political parties are respected.", "criteria": "A 100 score is earned if there are no documented instances of PAC's contributions to candidates and parties circumventing donation limits. \r\n\r\nA 50 score is earned if the limits are occasionally circumvented.\r\n\r\nA 0 score is earned if limits are usually circumvented or do not exist.", "details": "", "answer": "25", "explanation": "First, PACs have a built-in advantage by being allowed to donate 10 times the limit that individuals may give to a candidate, under state law. But they go beyond that by giving unlimited amounts to political parties.\r\nIn addition, Leadership PACs created by officeholders can shift money around to circumvent the law. For example, state Senate Majority Leader Arlan Meekhof dodged Michigan contribution limits by accompanying his candidate committee with two Leadership PACs that collected a combined $1.3 million from 2010-14. \r\n\r\nMeekhof accomplished this by shuffling campaign money between his three committees, including a shift of $182,000 from one committee to the other. When one campaign committee was maxed out with contributions from a single source, Meekhof started collecting more funds in another committee. \r\n\r\nSpeaker of the House Kevin Cotter followed a similar path, dividing $700,000 in contributions between his campaign committee and his Leadership PAC.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nMichigan Campaign Finance Network 2014 report http://www.mcfn.org/press.php?prId=223\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16\r\n \r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12" }, { "number": 23, "name": "In practice, the limits on lobbyist donations to candidates and political parties are respected.", "criteria": "A 100 score is earned if there are no documented instances of a lobbyist's contributions to candidates and parties circumventing donation limits. \r\n\r\nA 50 score is earned if the limits are occasionally circumvented.\r\n\r\nA 0 score is earned if limits are usually circumvented or do not exist.", "details": "", "answer": "0", "explanation": "The Michigan laws regarding campaign finance and lobbying are silent on rules specifically for lobbyists regarding contribution limits. As a result, lobbyists face the same contribution limits as any individual, which means they can make unlimited contributions to PACs and political parties. In practice, the lobbyist's role is to deliver PAC checks to candidate committees and political parties, according to Bob LaBrant, a veteran lobbyist.\r\n\r\nThere have been no incidences reported of lobbyists exceeding contribution limits.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12 \r\n\r\nJohn Pirich, former state assistant attorney general, attorney for Honigman Miller firm specializing in election law and campaign finance, phone interview, June 5, 2015" }, { "number": 24, "name": "In practice, the funds spent by an outside group in support of a candidate remain within the donation limits if that candidate helped raise funds.", "criteria": "A 100 score is earned if the funds spent remain within the donation limits applicable to the candidate. \r\n\r\nA 50 score is earned if the funds spent occasionally exceed the donation limits applicable to the candidate. \r\n\r\nA 0 score is earned if the funds oftentimes or regularly exceed the donation limits.", "details": "", "answer": "0", "explanation": "There is no such law in Michigan.\r\n\r\nHowever, in Michigan, those in House or Senate leadership positions -- or those lawmakers seeking a leadership position in the future – typically form \"Leadership PACs\" that raise money from persons and interest groups' PACs. There are no limits on what a person or interest group's PAC can give to a Leadership PAC. In turn, the Leadership PAC can donate 10 times what an individual can give to an officeholder's election campaign or a non-incumbent candidate committee. \r\n\r\nThe Leadership PAC cannot make an independent expenditure in support of the officeholder who controls it. However, a shell game allows Leadership PACs to shift money around so that it can come back to the legislator that formed a Leadership PAC. Leadership PACs created by officeholders can shift money around to circumvent donor limits. For example, state Senate Majority Leader Arlan Meekhof dodged Michigan contribution limits by accompanying his candidate committee with two Leadership PACs that collected a combined $1.3 million from 2010-14. \r\n\r\nMeekhof accomplished this by shuffling campaign money between his three committees, including a shift of $182,000 from one committee to the other. When one campaign committee was maxed out with contributions from a single source, Meekhof started collecting more funds in another committee. \r\n\r\nSpeaker of the House Kevin Cotter followed a similar path, dividing $700,000 in contributions between his campaign committee and his Leadership PAC. The nebulous names chosen for these PACs, which typically avoiding mention of the legislator/creator’s name, provide some breathing room to avoid claims of shell-game shifts of campaign funds.\r\n\r\nAlternatively, an individual can multiply their impact on legislative elections by going through the Leadership PAC route. In this case, a legislative leader, behind the veil of his PAC, hands out large donations to fellow partisans running for election or re-election to the House or Senate. Once more, an individual can give a Leadership PAC 10 times what he/she can donate to the legislator's candidate committee. Those partisan caucus mates may also have a Leadership PAC that could reciprocate if the pertinent legislative leader becomes embroiled in a difficult re-election campaign.\r\n\r\nBeyond these machinations, the governor typically has a Leadership PAC that plays a key role in donation to candidates for House, Senate and statewide offices.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nDetroit Free Press, May 23, 2015, \"How the Political Machine Works\" http://www.freep.com/story/opinion/editorials/2015/05/23/campaign-finance-michigan/27820015/\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12 \r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015" }, { "number": 25, "name": "In practice, candidates/elected officials do not use campaign contributions for personal purposes.", "criteria": "A 100 score is earned if there are no documented instances of candidates/elected officials using campaign contributions for personal purposes.\r\n\r\nA 50 score is earned if candidates/elected officials occasionally use campaign contributions for personal purposes.\r\n\r\nA 0 score is earned if candidates/elected officials usually use campaign contributions for personal purposes.", "details": "", "answer": "100", "explanation": "State law allows candidates and officeholders to use campaign funds for reimbursement of \"incidental expenses.\" No candidates for state office have been found to divert campaign dollars for personal use in recent years.\r\n\r\nFor those lawmakers retiring or up against term limits, they have the option of donating unspent funds to a political party, legislative caucus committee or a charity. But some who are term-limited, looking for opportunity to run for another office, eventually give their leftover funds to a new candidate committee designed to help them win election to a new office. These fund transfers are allowed if the new office sought has campaign contribution limits equal to or less restrictive than the office that was vacated.\r\n\r\nAccording to state campaign finance reports, near the end of the 2014 election cycle, term-limited state representative Stacy Erwin Oakes contributed $100,000 to her newly created Senate campaign committee and term-limited representative Peter MacGregor shifted $73,900 to a new MacGregor Senate committee.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nMichigan Campaign Finance Disclosure Database\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_8751---,00.html\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nDave Waymire, public relations, Martin Waymire Advocacy, email conversation, March 12" } ], "number": 2.2, "name": "Are the regulations governing the political financing of candidates and political parties effective?" }, { "questions": [ { "number": 26, "name": "In law, there is an entity/ies to monitor the financing of candidates, political parties and PACs.", "criteria": "A YES score is earned if there is an entity mandated to monitor and enforce laws around the financing of candidates, political parties, and PACs, and the entity has investigation and audit powers. \r\n\r\nA MODERATE score is earned if there is an entity mandated to monitor and enforce laws around the financing of candidates, political parties, and PACs, but the entity does not have investigation and audit powers. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The staff of the Secretary of State, Michigan's top elections official, oversees the state's campaign finance system. The Secretary of State has investigative powers, under the Michigan Campaign Finance Act. But the law does not provide for audits of all finance reports submitted. ", "source": "Michigan Campaign Finance Act 1976, Michigan Code Section 169.215\r\nhttp://www.legislature.mi.gov/(S(krg53ejckkqd1e4ubusv5pzm))/mileg.aspx?page=GetObject&objectname=mcl-Act-388-of-1976" }, { "number": 27, "name": "In law, there are sanctions for political finance violations, and the oversight entity/ies has the power to sanction offenders.", "criteria": "A YES score is earned if the law clearly defines political finance violations, corresponding sanctions, and the oversight entity has the power to sanction offenders. \r\n\r\nA MODERATE score is earned if the law clearly defines political finance violations and corresponding sanctions, but the oversight entity does not have the power to sanction offenders. \r\n\r\n A NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "State law provides for fees and penalties for violations of the Michigan Campaign Finance Act. In addition, the Secretary of State, Michigan's top elections official, can refer matters that may involve criminal violations to the state Attorney General's Office. The fines range from $25 per day for reports filed late to $1,000 per instance for basic violations of the law to an amount that's equal to three times the value of an illegal campaign contribution. A $10,000 contribution improperly received directly from corporate or labor union money, for example, carries a penalty on the recipient of up to $30,000.", "source": "Michigan Campaign Finance Act 1976, Michigan Code Section 169.215\r\nhttp://www.legislature.mi.gov/(S(ot1pao4zeazxko3xbnzksj4y))/mileg.aspx?page=getObject&objectName=mcl-169-215" }, { "number": 28, "name": "In practice, the campaign finances of candidates, political parties and PACs are independently audited.", "criteria": "A 100 score is earned if the campaign finances of candidates, political parties and PACs are regularly audited by an impartial third party.\r\n\r\nA 50 score is earned if the campaign finances of candidates, political parties and PACs are not always independently audited, or they are, but audits may fail to identify problems in the information. A 50 score is also earned where finances of one of the three types (candidates, parties and PACs) are not independently audited.\r\n\r\nA 0 score is earned if campaign finances are not independently audited, or they generally fail to identify problems in the information.", "details": "", "answer": "25", "explanation": "Each campaign finance report is reviewed \"on its face\" for mathematical errors, omissions of required information, or a general lack of completeness and coherence. But election officials do not audit the reports in detail. Political observers say that enforcement is lax because the Secretary Of State, Michigan's chief elections official, lacks sufficient staff to scrutinize each campaign finance report.\r\n\r\nThe SOS routinely issues fines for failure to meet reporting deadlines but the list of scofflaws in this category has stretched over years with no enforcement action. For example, in February, the SOS’ Bureau of Elections sent a notice to a Detroit-based political action committee known as Friends of Spartacus, informing them that their request to dissolve the PAC was denied because the group had unpaid, cumulative fines of $1,525. Those late-filing fees were owed to the state because the PAC had not filed several of its campaign finance reports dating back to the second quarter of 2013.\r\n\r\nIn May, state Rep. George Cushingberry of Detroit was put on notice by the Bureau of Elections that he still had not filed his off-year campaign reports for the second and third quarters of 2013.\r\n\r\nAccording to John Pirich, a former assistant attorney general, the Attorney General's Office plays an enforcement role but only in rare instances when criminal charges will be sought against a person who is viewed as an “egregious” violator of the law or a “malcontent.” Pirich said this occurs about two times a year.", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n \r\nChris Thomas, director of Bureau of Elections, phone interview, June 8, 2015 \r\n\r\nJohn Pirich, former state assistant attorney general, attorney for Honigman Miller firm specializing in election law and campaign finance, phone interview, June 5, 2015\r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nFred Woodhams, campaign finance analyst, Bureau of Elections, email conversation, June 10, 2015\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nSecretary of State, Campaign Finance Submission Failures\r\nhttp://mi.gov/sos/0,4670,7-127-1633_8723_41471---,00.html\r\n\r\nCampaign Finance Disclosure Submissions http://www.michigan.gov/sos/0,4670,7-127-1633_8723_41471---,00.html" }, { "number": 29, "name": "In practice, when necessary, the entity/ies monitoring the campaign financing of candidates, political parties and PACs independently initiates investigations.", "criteria": "A 100 score is earned if the entity always starts investigations whenever irregularities are uncovered or reported. The entity fully cooperates with other entities' investigations. \r\n\r\nA 50 score is earned if the entity occasionally fails to investigate when irregularities are uncovered or reported, or to cooperate with other entities. \r\n\r\nA 0 score is earned if the entity rarely or never investigates.", "details": "", "answer": "25", "explanation": "The Secretary of State's Office, which oversees the election process, relies upon complaints filed rather than initiating actions to enforce the state Campaign Finance Act. Once a complaint is determined to be legitimate, the SOS Bureau of Elections puts one of its two attorneys on the case to investigate. Typically, those probes lead to several exchanges of correspondence with the accused. In some cases, the person facing sanctions will request and receive an administrative hearing overseen by the bureau. However, a major weakness in the system is that the Bureau of Elections has no subpoena powers to compel cooperation from the accused or others who may have pertinent information to offer.", "source": "Secretary of State Campaign Finance Disclosure Closed Cases\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_64390---,00.html\r\n\r\nChris Thomas, director of Bureau of Elections, phone interviews, April 10 and June 8, 2015 \r\n\r\nSecretary of State Declaratory Rulings and Interpretive Statements\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_66116-310251--,00.html\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16\r\n\r\nGisgie Gendereau, communications director, Michigan Secretary of State, email conversations, March 16 \r\n\r\nJohn Pirich, former state assistant attorney general, attorney for Honigman Miller firm specializing in election law and campaign finance, phone interview, June 5, 2015" }, { "number": 30, "name": "In practice, when necessary, the entity/ies monitoring the campaign financing of candidates, political parties and PACs imposes sanctions on offenders.", "criteria": "A 100 score is earned if the entity always sanctions offenders when violations are discovered, or it cooperates with other agencies to impose sanctions. \r\n\r\nA 50 score is earned if the entity occasionally fails to sanction offenders when violations are discovered, or to cooperate with other entities.\r\n\r\nA 0 score is earned if the entity frequently fails to sanction offenders.", "details": "", "answer": "25", "explanation": "The Secretary of State, Michigan's top elections official, rarely issues sanctions on offenders of the state Campaign Finance Act. In practice, the Secretary of State's Bureau of Elections seeks to resolve complaints in a genteel manner, often issuing warnings to the accused individual or group about future repeat behavior rather than assessing fines.\r\n\r\nMost complaints are filed by one candidate or campaign organization against a competing candidate or campaign organization. Sometimes, the SOS Bureau of Elections declares a matter closed, without imposing sanctions, though it believes a violation of the law occurred. \r\n\r\nIn May 2014, Matt Maddock of Milford, a state Senate candidate, responded to a complaint against him with a disrespectful, sarcastic response to the SOS Bureau of Elections: “Please don’t arrest me. Oops! Sorry! Looks like I made a mistake! Can you forgive me?” The bureau was presented with copies of Maddock literature that clearly lacked the required “paid for by” label. But on Oct. 7, weeks after Maddock had already lost the primary election, bureau officials notified him that they would be taking no action against him. “This notice has served to remind you of your obligation under the Act to identify your printed matter, and may be used in future proceedings as evidence,” the letter from a bureau attorney said. \r\n\r\nOverall, the Elections Bureau takes a conciliatory approach toward allegations of campaign finance violations that are brought to their attention. The emphasis is on mediating a resolution rather than fining violators. Political insiders say the bureau lacks sufficient staff to investigate complaints in great detail or in a timely manner.\r\n\r\nIn August 2014, a complaint was filed against Mary Beth Kur of Petoskey, who was a candidate for circuit judge. She was accused of substantially underreporting the amount of donations received at a July fundraising event. The case was handled through correspondence by the Bureau of Elections, without holding a hearing.\r\n\r\nSeveral months after the primary election, on Jan. 5, 2015, the Bureau of Elections issued its ruling, offering a resolution of the matter despite officials’ belief that the Campaign Finance Act had been violated. “The department takes you at your word,” an official said in correspondence with Kur, who claimed the errors were a simple mistake. \r\n\r\nThe bureau dismissed the case, under assurances that the candidate would backtrack and amend her financial report from several months earlier. \r\n\r\nOne area where the Bureau of Elections routinely engages in sanctions concerns the filing of late campaign finance reports or the submission of reports with “errors or omissions” – chiefly numbers that don’t add up or details that are missing. In the 2013-14 election cycle, the bureau issued 2,252 such notices to candidates across Michigan. Those violations carry a $25 fine per day past an established deadline, up to a maximum of $500.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12 \r\n Secretary of State Campaign Finance Disclosure Closed Cases\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_64390---,00.html\r\n\r\nSecretary of State Declaratory Rulings and Interpretive Statements\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_66116-310251--,00.html\r\n\r\nChris Thomas, director, Michigan Bureau of Elections, phone interviews, April 10 and June 8, 2015 \r\n\r\nFred Woohams, campaign finance analyst, Bureau of Elections, email conversation, June 10, 2015" } ], "number": 2.3, "name": "Is monitoring and enforcement of political finance effective?" }, { "questions": [ { "number": 31, "name": "In practice, the entity/ies monitoring the campaign financing of candidates, political parties and PACs publishes the results of its investigations or audits.", "criteria": "A 100 score is earned if the entity publishes reports of all its investigations or audits within a month of their conclusion, and the reports are available to the public online. \r\n\r\nA 50 score is earned if reports are available to the public between one and three months after their conclusion, or if the reports are only available upon request.\r\n\r\nA 0 score is earned if reports become available six months or more after their conclusion, only summaries are available, or are not available at all.", "details": "", "answer": "100", "explanation": "The online reporting relates to investigations of complaints, not audits. Audits are not conducted and initiated investigations are extremely rare. However, information on investigations generated by complaints alleging violations of the Campaign Finance Act is placed on the Secretary of State's website within 30 days of the initial complaint. \r\n\r\nOnce a matter is resolved, the final outcome, accompanied by scanned documents -- typically a series of correspondence illuminating the details of the case -- is placed on the SOS website within a day or two.", "source": "Bob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nGisgie Gendereau, communications director, Michigan Secretary of State, email conversations, March 16, 2015 \r\n\r\nFred Woodhams, campaign finance analyst, Bureau of Elections, email conversation, June 10, 2015\r\n\r\nSecretary of State Campaign Finance Disclosure Closed Cases\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_64390---,00.html\r\n\r\nSecretary of State Declaratory Rulings and Interpretive Statements\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_66116-310251--,00.html " }, { "number": 32, "name": "In law, the names of campaign contributors and amounts donated to candidates and political parties must be disclosed to the public.", "criteria": "A YES score is earned if the law says names of campaign contributors and amounts above $200 donated to candidates and political parties must be disclosed to the public. \r\n\r\nA MODERATE score is earned if this requirement only applies to candidates or political parties, but not both. A MODERATE is also earned if there is a threshold of $200 or more.\r\n\r\nA NO score is earned if no such laws exist.", "details": "", "answer": "MODERATE", "explanation": "Individual contributions of any amount are reported by candidates, with each listing the donor’s name and address. Any donation of $100.01 or more – including cumulative donations over an election cycle -- must include the donor’s occupation, employer and principal place of business (address). \r\n\r\nCandidates also report all contributions from political parties, political action committees and independent committees. \r\n\r\nParties list their individual expenditures in reports that are very similar to those filed by candidates. The rules are the same as those in the comments section regarding contributions to candidates.", "source": "Michigan Campaign Finance Act 1976, Michigan Code Sections 169.226\r\nhttp://www.legislature.mi.gov/(S(iprjp0rigcis1eh3fxh1x0vj))/mileg.aspx?page=getObject&objectName=mcl-169-226\r\n\r\nMichigan Campaign Finance Act 1976, Michigan Code Sections 169.229\r\nhttp://www.legislature.mi.gov/(S(iprjp0rigcis1eh3fxh1x0vj))/mileg.aspx?page=getObject&objectName=mcl-169-229 \r\n\r\nMichigan Secretary of State Contribution Rules\r\nhttp://www.mi.gov/sos/0,4670,7-127-1633_8723---,00.html" }, { "number": 33, "name": "In law, all groups that make political ad buys (broadcast, print and direct mail) are required to publicly disclose their contributors.", "criteria": "A YES score is earned if the law says all ad buys for candidate advocacy (“vote for,” “vote against,” etc.) and electioneering communication (ad mentions a candidate during the period prior to the election) must publicly disclose donors. \r\n\r\nA MODERATE score is earned if ad buys for candidate advocacy require public donor disclosure, but ad buys for electioneering communications do not require it.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "The law requires disclosure of contributions by candidate committees, political parties and independent committees that finance ads urging a vote for or against a candidate. But the law does not require disclosure for political groups that engage in issue \"advocacy\" ads -- the electioneering ads commonly known as simply issue advertising. ", "source": "Secretary of State Declaratory Rulings and Interpretive Statements\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_66116-310251--,00.html\r\n15, 63 \r\n\r\nMichigan Campaign Finance Act 1976, Michigan Code Section 169.215 http://www.legislature.mi.gov/(S(w0skieymdtcepzg0q2x2jxdu))/mileg.aspx?page=getObject&objectName=mcl-169-215 \r\n\r\nMichigan Campaign Finance Act 1976, Michigan Code Section 169.226 \r\nhttp://www.legislature.mi.gov/(S(ibccly0boycca0dk4sv3m0ee))/mileg.aspx?page=getObject&objectName=mcl-169-226 \r\n\r\nMichigan Campaign Finance Act 1976, Michigan Code Section 229\r\nhttp://www.legislature.mi.gov/(S(mlfbt452ckwl2earbu0vb0jp))/mileg.aspx?page=getObject&objectName=mcl-169-229\r\n\r\nMichigan Campaign Finance Act 1976, Michigan Code Section 263\r\nhttp://www.legislature.mi.gov/(S(mlfbt452ckwl2earbu0vb0jp))/mileg.aspx?page=getObject&objectName=mcl-169-229 " }, { "number": 34, "name": "In practice, candidates and political parties regularly disclose data publicly about their contributions and expenditures during campaigns.", "criteria": "A 100 score is earned if candidates and political parties publicly disclose their sources of funding and expenditures at least quarterly. A 100 score requires pre and post reports for both primary and general election reports. \r\n\r\nA 50 score is earned if candidates and political parties publicly disclose their sources of funding and expenditures only twice a year. \r\n\r\nA 0 score is earned if candidates and political parties publicly disclose their sources of funding or expenditures yearly, less frequently, or never.", "details": "", "answer": "75", "explanation": "Candidates and political parties report their contributions and expenditures in election years just before and just after the primary election and just before and just after the general election. These reports are available online on the Michigan campaign finance disclosure database. Quarterly reporting requirements exist only in \"off years\" but a common problem centers on candidates who file reports late -- sometimes weeks late. \r\n\r\nMost recently, the list provided by the Bureau of Elections in mid-May of scofflaws who failed to properly file their campaign reports contained 44 violators. Prior lists covering the 2013-14 election cycle were longer. ", "source": "Bob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nGisgie Gendereau, communications director, Michigan Secretary of State, email conversations, March 16, 2015 \r\n\r\nFred Woodhams, campaign finance analyst, Bureau of Elections, email conversation, June 10, 2015 Secretary of State, Failure to File Notices http://mi.gov/sos/0,4670,7-127-1633_8723_41471---,00.html\r\n\r\nMichigan Campaign Finance Disclosure Database\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_8751---,00.html" }, { "number": 35, "name": "In practice, citizens can access the financial records of candidates and political parties within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if the campaign financial records of both candidates and political parties are available online at no cost, can be obtained electronically within a week for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain records, requesters are required to visit an office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain records, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "100", "explanation": "The public has free access to all campaign finance reports in a timely manner online at the Secretary of State's Office website without filing a FOIA request or submitting any other forms requesting information. \r\n\r\nIn Michigan, candidates file electronically and their submitted reports are instantly posted on the campaign finance disclosure website by a software system.", "source": "Gisgie Gendereau, communications director, Michigan Secretary of State, email conversations, March 16 \r\n\r\nChris Thomas, director, Michigan Bureau of Elections, phone interviews, April 10 and June 8, 2015 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12 \r\n\r\nMichigan Campaign Finance Disclosure Database\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_8751---,00.html" }, { "number": 36, "name": "In practice, the publicly available records of candidate and political party finances are complete and detailed.", "criteria": "A 100 score is earned if the publicly available records of candidate and political party finances provide complete and detailed information, itemizing all significant sources of income above $200 and expenditures. Records are available in standardized, comparable formats. \r\n\r\nA 50 score is earned if records are available, but lack some important details, are overly general, or are only partially available in standardized, comparable formats. \r\n\r\nA 0 score is earned if records do not provide a clear accounting of the sources of income or expenditures, or are not available.", "details": "", "answer": "50", "explanation": "Individual contributions of any amount are reported by candidates, with each listing the donor’s name and address in a standardized, comparable format. Any donation of $100.01 or more – including cumulative donations over an election cycle -- must include the donor’s name, occupation, employer and principal place of business (address). \r\n\r\nHowever, these requirements are sometimes ignored. For example, state Sen. Bert Johnson of Highland Park received numerous notices from the Bureau of Elections over several months in 2014 that pointed out errors in his finance reports. On Jan. 21, 2015, bureau officials sent Johnson a letter in which they were still seeking full compliance with the law, including on some entries in his report dating back to July. \r\n\r\nThe senator had failed to provide basic required information, such as occupation, employer and home address for some contributors and a full name and address for those receiving expenditures from his campaign committee.\r\n\r\nCandidates for any public office must file a campaign finance report once their contributions or expenditures reach $1,000. Candidates routinely report all contributions from political parties, political action committees and independent committees.\r\n\r\nBut some campaign finance reports fail to properly present cumulative totals. When state Sen. Coleman Young of Detroit filed his pre-general election statement in October 2014, he listed his cumulative total contributions for the 2011-14 election cycle as $24,750. But he reported receiving $33,401 in contributions just for the pre-general period of Aug. 26 to Oct. 19 of 2014. Similarly, Young listed $16, 993 in cumulative expenses for the cycle but $31,144 for the relatively brief pre-general election period.\r\n\r\nAs for political parties, they take advantage of the wide latitude they are given under Michigan law. As former longtime Michigan Democratic Party chairman Mark Brewer noted, Michigan is the “Wild West” of campaign finance rules and disclosure requirements.\r\nFirst, the state does not impose any limits on contribution amounts for “hard money” or “soft money” donations to political parties. Hard money is used for campaign advertising that expressly urges voters to support a candidate or slate of candidates. Soft money finances so-called issue ads that do not specifically use the words “vote for” or, essentially, “vote against” a certain candidate.\r\nSecond, contributions can be made “off the books” to a party’s administrative account, which finances get-out-the-vote efforts and overhead expenses. The donors to the administrative accounts are never disclosed, even though that money can be diverted to ad campaigns for candidates, according to Brewer.\r\nAs a result, it’s widely suspected that corporate and labor union money, plus huge contributions from wealthy individual donors, enters the system in the administrative accounts as “dark money” that is not reported and exits the system as a key financing mechanism for the parties’ campaign ads.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nJohn Pirich, former state assistant attorney general, attorney for Honigman Miller firm specializing in election law and campaign finance, phone interview, June 5, 2015\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12" }, { "number": 37, "name": "In practice, all groups that make political ad buys (broadcast, print and direct mail) publicly disclose their contributor information.", "criteria": "A 100 score is earned if all groups that make political ad buys for candidate advocacy (\"vote for,\" \"vote against,\" etc.) and electioneering communication (ad mentions a candidate during the period prior to the election) publicly disclose detailed, itemized contributor information and identify original donation source.\r\n \r\nA 50 score is earned if groups that make political ad buys occasionally fail to publicly disclose contributor information that identifies original donation source or publish it without important details. \r\n\r\nA 0 is earned where organizations that make political ad buys usually fail to publicly disclose contributor information that identifies original donation source or any information at all.", "details": "", "answer": "25", "explanation": "Candidate committees routinely disclose their ad buys in their reported expenditures. When presented to the public, these ads must include a \"paid for by ...\" tagline. However, the heavy reliance in Michigan campaigns on so-called soft money and dark money makes the reports filed by candidates and political parties far from transparent and revelatory.\r\n\r\nSoft money consists of finances that are donated to a party’s administrative account – a fund designed to pay for basics such as overhead costs and get-out-the-vote efforts. In reality, that money is often used to finance issue advertising – electioneering ads.\r\n\r\nDark money is unregulated campaign cash derived from political action committees, political parties and non-profit groups that pay for issue ads and for direct campaign ads – those that openly support or oppose a candidate – which are aired by independent committees. In Michigan, these independent expenditures often are not reported and, as a result, the donors behind the spending are not reported either. \r\n\r\nEssentially, unlimited contributions to political parties and PACs pay for unlimited independent expenditure ads – TV, radio, print and robo-calls – without any means of tracing the sources of the money.\r\n\r\nFor example, in November 2014, the nonpartisan Michigan Campaign Finance Network found that unreported, unregulated dark money paid the majority of costs for television advertising in Michigan's 2014 supreme court and attorney general campaigns -- the races for state's highest court and top law enforcement officer.\r\n\r\nIn the 2014 election cycle for governor, the MCFN tracked TV stations’ campaign advertising schedules and found that the Republican candidate benefited from nearly $18.9 million in unregulated issue ads that assisted incumbent Gov. Rick Snyder. At the same time, the Democratic challenger, Mark Schauer, received $16.3 million worth of assistance from issue ads.\r\n\r\nThe donors behind these elaborate TV campaigns – contributors to groups such as the Democratic and Republican governors’ associations, the National Education Association and the Michigan Republican Party – were never reported, as is allowed under Michigan law.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11 \r\n\r\nJohn Pirich, former state assistant attorney general, attorney for Honigman Miller firm specializing in election law and campaign finance, phone interview, June 5, 2015\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12" }, { "number": 38, "name": "In practice, ballot measure committees and their contributor information are disclosed to the public.", "criteria": "A 100 score is earned if the committees that support or oppose each ballot measure and their contributor information are available online at no cost, can be obtained electronically within a week, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain these records, requesters are required to visit an office, or a fee must be paid. A 50 score is also earned if the records lack details that make it difficult to determine which committees and contributors support or oppose a specific ballot measure. \r\n\r\nA 0 score is earned if it takes more than a month to obtain the records, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "100", "explanation": "In practice, contributions and expenses for all categories of ballot question committees -- pro and con -- are made available free to the public online by the Secretary of State's Office. In the case of a special election, independent expenditures by a ballot question committee are reported to the Secretary of State within 48 hours once the election is within 45 days.\r\n\r\n Michigan recently experienced one of its most intense ballot proposal campaigns ever, leading up to a May 5 special election on a sales tax increase, and no complaints about failure to disclose contributor information arose on either side.", "source": "Michigan Campaign Finance Disclosure Database\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_8751---,00.html\r\n\r\nGisgie Gendereau, communications director, Michigan Secretary of State, email conversations, March 16, 2015 \r\n\r\nDave Waymire, public relations, Martin Waymire Advocacy, email conversation, March 12 \r\n\r\nMark Brewer, former Mich. Democratic Party chairman, phone interview, March 12, 2015" }, { "number": 39, "name": "In practice, records of political finance information are accessible to the public in open data format.", "criteria": "A 100 score is earned if all political finance information is available online and can be easily accessed, downloaded in bulk, and in a machine readable format.\r\n\r\nA 50 score is earned if some information cannot be easily accessed and/or downloaded in bulk, but it can be downloaded in machine-readable format. \r\n\r\nA 0 score is earned if such information is not available online or it is but it cannot be downloaded.", "details": "", "answer": "25", "explanation": "The Department of State provides campaign finance records. The database is easy to access and navigate, but files are only presented in pdf format. ", "source": "Campaign Finance Disclosure Database\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_8751---,00.html\r\n \r\nGisgie Gendereau, communications director, Michigan Secretary of State, email conversations, March 16 \r\n \r\nJeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n \r\nSunlight Foundation http://sunlightfoundation.com/policy/documents/ten-open-data-principles/Michigan" } ], "number": 2.4, "name": "Can citizens access political finance records?" } ], "name": "Political Financing", "score": 51.6, "rank": 32 }, { "number": 3, "subcategories": [ { "questions": [ { "number": 40, "name": "In law, there is an independent entity/ies mandated to monitor state elections.", "criteria": "A YES score is earned if the law establishes an independent state entity mandated to monitor state elections.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "Michigan election law allows that an elections bureau within the Secretary of State's Office \"be vested with the powers and shall perform the duties of the secretary of state under his or her supervision, with respect to the supervision and administration of the election laws.\" The Secretary of State is elected to a 4-year term.", "source": "Michigan Election Act, 1954, Michigan Compiled Code Section 168.32" }, { "number": 41, "name": "In law, the leadership of the entity/ies mandated to monitor state elections is protected from political interference.", "criteria": "A YES score is earned if the leadership of the entity does not change after every state election and the senior staff are longstanding civil servants legally protected from arbitrary dismissal.\r\n\r\nA MODERATE score is earned if the leadership of the entity changes after every state election, but the senior staff are all longstanding civil servants legally protected from arbitrary dismissal or transfer, or vice versa.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "All employees at the Bureau of Elections within the Secretary of State's Office are civil servants and their jobs are not affected by changes in election results for Secretary of State. Civil servants are hired and evaluated in a universal process that is outlined in the Michigan Constitution and in Civil Service rules, which carry the force of law. However, as in many states, the Secretary of State post is filled every four years through an election and the secretary is the state's chief elections official.", "source": "Michigan Civil Service Rules, Rule 1-6 and 1-8 http://mi.gov/mdcs/0,4614,7-147-6877_8155---,00.html \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n \r\nChris Thomas, Bureau of of Elections director, phone interview, April 11, 2015" }, { "number": 42, "name": "In law, the entity/ies mandated to monitor state elections can independently initiate investigations and sanction offenders.", "criteria": "A YES score is earned if the entity mandated to monitor state elections has the authority to independently initiate investigations into alleged violations and to sanction offenders. \r\n\r\nA MODERATE score is earned if the entity has the legal authority to initiate investigations independently but no authority to impose sanctions.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The Michigan Campaign Finance Act grants the Secretary of State the authority to \"commence a hearing to determine whether a civil violation of this act has occurred. The hearing shall be conducted in accordance with the procedures set forth in chapter 4 of the Administrative Procedures Act of 1969.... If after a hearing the secretary of state determines that a violation of this act has occurred, the secretary of state may issue an order requiring the person to pay a civil fine equal to triple the amount of the improper contribution or expenditure plus not more than $1,000.00 for each violation.\"", "source": "Michigan Campaign Finance Act 1976, Michigan Code Section 169.215 http://www.legislature.mi.gov/(S(q3cjhbqfiyqh1lzaozuqevw5))/mileg.aspx?page=getobject&objectname=mcl-Act-388-of-1976&query=on&highlight=contributions \r\n\r\nAdministrative Procedures Act 1969, PA 306, Michigan Code Sections 24.271 to 24.287 http://www.legislature.mi.gov/(S(q3cjhbqfiyqh1lzaozuqevw5))/mileg.aspx?page=getObject&objectName=mcl-Act-306-of-1969" } ], "number": 3.1, "name": "Does the law mandate an independent oversight entity?" }, { "questions": [ { "number": 43, "name": "In practice, the entity/ies mandated to monitor state elections has sufficient staff and resources to oversee elections.", "criteria": "A 100 score is earned if the entity has sufficient, qualified staff, and adequate resources to fulfill its oversight duties without a backlog of work. It is consistently funded. \r\n\r\nA 50 score is earned if the entity occasionally has limited resources, causing the volume of work to overwhelm staff and delay investigations and/or reports. Funding is consistent. \r\n\r\nA 0 score is earned if lack of resources regularly limits the entity's oversight work. The office is not consistently funded and/or work is usually delayed.", "details": "", "answer": "50", "explanation": "Traditional manpower limits prevent the Secretary of State's Bureau of Elections from initiating investigations or following up to resolve violations when the offender ignores the bureau's edicts. These shortcomings do not impact the bureau's ability to comply with online publications of election returns or campaign finance reports. The current and former secretary of state have experienced budget cuts, but candidates and lawmakers have not complained about a backlog of work at the Bureau of Elections. ", "source": "Paul Bukowski, prosecuting attorney, former aide to state House of Representatives, phone interview, April 14, 2015 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12, 2015 \r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11 \r\n\r\nJohn Pirich, former state assistant attorney general, attorney for Honigman Miller firm specializing in election law and campaign finance, phone interview, June 5, 2015 " }, { "number": 44, "name": "In practice, the entity/ies mandated to monitor state elections operates with independence and is protected from political interference.", "criteria": "A 100 score is earned if the entity operates with independence from any branch of the state government, making decisions without fear or favor.\r\n\r\nA 50 score is earned if the entity's independence is occasionally restricted, or it occasionally makes decisions based on fear or favor (e.g. public criticism or praise by state officials).\r\n\r\nA 0 score is earned if the entity's independence is regularly restricted, and decisions are frequently made based on fear or favor.", "details": "", "answer": "100", "explanation": "Because the Bureau of Elections consists of civil servants protected by Civil Service rules and they are not affected by electoral changes in the position of Secretary of State, political interference is not an issue. The independence of the bureau remains intact as the Michigan Constitution and the Civil Service rules require that all appointments, promotions, reassignments and dismissals from classified positions be based on merit, efficiency and fitness. The bureau chief, Chris Thomas, has held his position for three decades though numerous changes in secretaries of state, governors and legislative leaders.", "source": "Chris Thomas, director, Michigan Bureau of Elections, phone interview, April 10, 2015\r\n\r\nPaul Bukowski, prosecuting attorney, former aide to state House of Representatives, phone interview, April 14,2015 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12, 2015 \r\n\r\nJohn Pirich, former state assistant attorney general, attorney for Honigman Miller firm specializing in election law and campaign finance, phone interview, June 5, 2015" }, { "number": 45, "name": "In practice, when necessary, the entity/ies mandated to monitor elections independently initiates investigations.", "criteria": "A 100 score is earned if the entity independently initiates investigations and imposes sanctions when necessary. \r\n\r\nA 50 score is earned if the entity does not often initiate investigations or it fails to impose sanctions when necessary. \r\n\r\nA 0 score is earned if no such entity exists or it exists, but rarely initiates investigations.", "details": "", "answer": "25", "explanation": "Because of a lack of manpower, the state Bureau of Elections responds to complaints but rarely initiates investigations of election law violations. According to state Sen. Steve Bieda, the state Legislature's leading advocate for greater government transparency, the bureau's enforcement role is often minimal. The Bureau of Elections concentrates mostly on candidates meeting reporting deadlines and ensuring all the numbers are correctly reported.\r\n\r\nThe Secretary of State's Office, which oversees the election process, routinely relies upon complaints filed rather than initiating actions to enforce the state Campaign Finance Act. Once a complaint is determined to be legitimate, the SOS Bureau of Elections puts one of its two attorneys on the case to investigate. Typically, those probes lead to several exchanges of correspondence with the accused. In some cases, the person facing sanctions will request and receive an administrative hearing overseen by the bureau. However, a major weakness in the system is that the Bureau of Elections has no subpoena powers to compel cooperation from the accused or others who may have pertinent information to offer. The state Attorney General's Office plays a role in enforcement of election laws when the violation is labeled a criminal matter, but in an average year only about two election law cases typically reach that level, according to John Pirich, a former assistant attorney general.", "source": "Paul Bukowski, prosecuting attorney, former aide to state House of Representatives, phone interview, April 14,2015 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12, 2015 \r\n\r\nSteve Bieda, state senator, phone interviews, March and April, 2015 \r\n\r\nJeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015 \r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015 \r\n\r\nJohn Pirich, former state assistant attorney general, attorney for Honigman Miller firm specializing in election law and campaign finance, phone interview, June 5, 2015" }, { "number": 46, "name": "In practice, the entity/ies management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.", "criteria": "A 100 score is earned if there are no documented cases of nepotism, cronyism, and patronage at the senior level of the entity. Hirings, firings, and promotions are based on merit and performance.\r\n\r\nA 50 is earned if occasionally there are documented cases of nepotism, cronyism, and patronage. Political leaders or senior officials sometimes appoint family member or friends to favorable positions, or lend other favorable treatment.\r\n\r\nA 0 is earned if there are frequent documented cases of nepotism, cronyism, and patronage occurring in hiring, firing and promotions.", "details": "", "answer": "100", "explanation": "The Bureau of Elections employees are all civil servants protected by Civil Service rules that address hirings, firings and promotions. No cases have emerged in recent years claiming nepotism, cronyism or patronage within the bureau.", "source": "John Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n\r\nSecretary of State Campaign Finance Disclosure Closed Cases\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_64390---,00.html\r\n\r\nSecretary of State Declaratory Rulings and Interpretive Statements\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_66116-310251--,00.html " } ], "number": 3.2, "name": "Is the election oversight entity effective?" }, { "questions": [ { "number": 47, "name": "In practice, the entity/ies mandated to monitor elections publishes the results of its investigations or audits.", "criteria": "A 100 score is earned if the entity publishes reports of all its investigations or audits within a month of their conclusion, and the reports are available to the public online. \r\n\r\nA 50 score is earned if reports are available to the public between one and three months after their conclusion, or if the reports are only available upon request.\r\n\r\nA 0 score is earned if reports become available six months or more after their conclusion, only summaries are available or are not available at all.", "details": "", "answer": "100", "explanation": "The Secretary of State's Bureau of Elections publishes the outcome of its investigations of alleged election law violations online in a prompt manner and at no cost to the public. Details about an initial complaint are posted on the Secretary of State website within and the final outcome of a case, including copies of all the documents and correspondence involved, is placed online within two days after the bureau makes a determination.", "source": "Secretary of State Campaign Finance Disclosure Closed Cases\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_64390---,00.html\r\n\r\nSecretary of State Declaratory Rulings and Interpretive Statements\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_8723_66116-310251--,00.html \r\n\r\nGisgie Gendereau, communications director, Michigan Secretary of State, email conversations, March 16, 2015 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12, 2015 \r\n\r\nFred Woodhams, campaign finance analyst, Bureau of Elections, email conversation, June 10, 2015" }, { "number": 48, "name": "In practice, statewide election data are accessible to the public in open data format.", "criteria": "A 100 score is earned if election returns and turnout are available online and can be easily accessed, downloaded in bulk, and in a machine readable format. The information must be broken down to the precinct level, with files that track the issuance and return of absentee ballots.\r\n \r\nA 50 score is earned if such information cannot be easily accessed and/or downloaded in bulk, but it can be downloaded in machine-readable format. \r\n\r\nA 0 score is earned if such information is not available online or it is but it cannot be downloaded.", "details": "", "answer": "25", "explanation": "Election tallies are provided on a county-by-county basis online by the Secretary of State, but not down to the precinct level. Also, all election data sets can only be downloaded in pdf format. There is no registration requirement or usage cost while accessing the website.", "source": "Steve Bieda, attorney, state senator,phone interviews March and April 2015 Secretary of State website; http://miboecfr.nictusa.com/election/results/14GEN/ Sunlight Foundation website; http://sunlightfoundation.com/policy/documents/ten-open-data-principles/" }, { "number": 49, "name": "In practice, the state collects and provides the U.S. Election Assistance Commission with complete information for the Election Administration and Voting Survey.", "criteria": "A 100 score is earned if in the most recent election the state submitted complete information on all the core survey items requested in the US Election Assistance Commission's Election Administration and Voting Survey. \r\n\r\nA 50 score is earned if the state submitted complete information in half of the core survey items requested.\r\n\r\nA 0 score is earned if the state did not submit any information.", "details": "", "answer": "100", "explanation": "Michigan submits complete information to the U.S. Election Assistance Commission after each statewide election, covering all 15 survey questions submitted by the commission, namely: 1. New registrations received; 2. New valid registrations received; 3. Total registered voters; 4. Provisional ballots submitted; 5. Provisional ballots rejected; 6. Total ballots cast in the election; 7. Ballots cast in person on Election Day; 8. Ballots cast in early voting centers; 9. Ballots cast absentee; 10. Civilian absentee ballots transmitted to voters; 11. Civilian absentee ballots returned for counting; 12. Civilian absentee ballots accepted for counting; 13. UOCAVA ballots transmitted to voters; 14. UOCAVA ballots returned for counting; and 15. UOCAVA ballots counted.", "source": "Chris Thomas, director, Michigan Bureau of Elections, phone interview, April 10, 2015 \r\n\r\nFred Woodhams, campaign finance analyst, Bureau of Elections, email conversation, June 10, 2015 \r\n\r\nUS Election Assistance Commission website http://www.eac.gov/research/election_administration_and_voting_survey.aspx" } ], "number": 3.3, "name": "Can citizens access election oversight records?" } ], "name": "Electoral Oversight", "score": 81.3, "rank": 5 }, { "number": 4, "subcategories": [ { "questions": [ { "number": 50, "name": "In law, the governor and state cabinet-level officials are prohibited from using state resources for personal purposes.", "criteria": "A YES score is earned if the law prohibits the use of state resources for personal purposes for both the governor and state cabinet-level officials. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": " The Michigan Ethics Act states that \"a public officer or employee shall use personnel resources, property, and funds under the officer or employee's official care and control judiciously and solely in accordance with prescribed constitutional, statutory, and regulatory procedures and not for personal gain or benefit.\" All of the employees in the Governor's Office are political appointees -- at-will employees -- and in each department the five highest-ranking officials are also not civil servants. However, the Ethics Act provisions apply to all state classified employees, meaning at-will employees are included.", "source": "Michigan State Ethics Act, 1973, Michigan Code Section 15.342(3) http://www.michigan.gov/mdcs/0,1607,7-147-6881_13592-26139--,00.html " }, { "number": 51, "name": "In practice, the governor and state cabinet-level officials do not use state resources for personal purposes.", "criteria": "A 100 score is earned if there are no documented cases of the governor and state cabinet officials using state resources for personal purposes. \r\n\r\nA 50 score is earned if there have been two or less documented cases of serious transgressions.\r\n\r\nA 0 score is earned if there have been more than five documented cases of serious transgressions.", "details": "", "answer": "75", "explanation": "No recent cases have surfaced of the governor or his Cabinet abusing state resources. Typical protocol calls for the Governor's Office workers to avoid any trips with a substantial price tag.\r\n\r\nHowever, the former executive director of the Michigan State Housing Development Authority, a $135,000-per-year post that is just below the Cabinet level, resigned in disgrace last year because of these types of transgressions. Scott Woosley stepped down in August after it was revealed that he received state reimbursement for a series of expensive meals, hotels and transportation.", "source": "Mark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12 \r\n\r\nJohn Truscott, press secretary to former governor John Engler, CEO and founder of Truscott-Rossman PR and lobbying firm, Lansing, phone interview, April 13, 2015 \r\n\r\nMlive.com, Oct. 20, 2014, \"Feds investigating complaint against resigned Michigan housing director\" http://www.mlive.com/lansing-14/10/federal_inspector_probes_alleg.html \r\n\r\n\"Feds probe complaint against ex-Michigan housing chief\" http://www.detroitnews.com/story/news/local/michigan/2014/10/19/feds-probe-complaint-ex-michigan-housing-chief/17590911/ " }, { "number": 52, "name": "In practice, the governor gives reasons for his/her policy positions.", "criteria": "A 100 score is earned if the governor or the cabinet give explanations of all policy positions. The governor takes critical questions from journalists or the opposition at least once a month.\r\n\r\nA 50 score is earned if the governor or the cabinet give explanations of policy decisions every other month or quarterly. The governor occasionally takes critical questions, but there is no formal process. \r\n\r\nA 0 score is earned if the governor or the cabinet rarely give explanations of policy decisions. Public appearances by the governor offer no exposure to critical questions.", "details": "", "answer": "100", "explanation": "Gov. Rick Snyder tends to respond to media questions -- either in a formal setting, one-on-one, or in a media \"scrum\" -- at least once a week. Most of the questions asked of him relate to policy positions. However, there is no format that he follows. Depending on his schedule, on some days he may make himself available to the media several times in one day. On the other hand, at some times of the year he may not be accessible for one or two weeks. \r\n\r\nIt is rare that he puts forward a new policy or program – or reacts to major pieces of pending legislation – without explaining his rationale through the media.\r\n\r\nHe also tends to visit most of the state's daily newspapers once or twice a year for a roundtable discussion with reporters and editors, such as his visit to the MLive newspapers' office in March to discuss a road funding proposal. \r\n\r\nThe interview he granted to The Detroit News in April was an effort on Snyder's part to explain that he would block any attempt by the Legislature to put so-called \"religious freedom\" provisions into law. And the explanation of his new budget provided by the Detroit Free Press in February was the result of a Q and A session with reporters that he held along with his budget director.", "source": "MLive.com, March 24, 2015, \"Gov. Rick Snyder: If Proposal 1 fails, Michigan stays on 'very negative path of much worse roads' http://www.mlive.com/lansing-news/index.ssf/2015/03/gov_rick_snyder_if_proposal_1.html \r\n\r\nThe Detroit News, April 2, 2015, \"Snyder vows to veto religious freedom bill\"http://www.detroitnews.com/story/news/politics/2015/04/02/michigan-religious-freedom-bill/70829810/ \r\n\r\nDetroit Free Press, Feb. 11, 2015, \"7 key points from Snyder's budget plan\" \r\nhttp://www.freep.com/story/news/politics/2015/02/11/gov-rick-snyder-presents-budget/23228387/ \r\n\r\nRick Pluta, editor/reporter for Michigan Public Radio, 28-year veteran of the Capitol press corps, phone interview, June 30, 2015" }, { "number": 53, "name": "In practice, when necessary, the judiciary reviews the actions of the executive.", "criteria": "A 100 score is earned if, when necessary, the judiciary reviews executive actions and voids illegal or unconstitutional actions. It does not depend on the executive to initiate a legal review and the court has demonstrated that it is non-partisan.\r\n\r\nA 50 score is earned if the judiciary independently reviews executive actions when necessary, but it may be slow to act, unwilling to take on politically sensitive issues, or occasionally unable to enforce its judgments.\r\n\r\nA 0 score is earned if the judiciary fails to review executive policy, does not enforce judgments, or depends on the executive to initiate reviews.", "details": "", "answer": "75", "explanation": "The judiciary routinely reviews executive actions when a legal challenge is made. However, the Michigan Supreme Court's supposedly non-partisan stance is tainted by the political process, with candidates for the court nominated at a convention by political parties. A 2012 report by the Center for American Progress on state courts concluded that the Michigan Supreme Court consistently sided with business interests associated with Republican governors and legislators. The report stated: \"The Michigan Legislature has passed tort reform legislation (signed by the Republican governor) with some of the strictest limits on lawsuits. Unlike courts in other states, the Michigan high court has not acted to strike down these limits as unconstitutional.\" \r\n\r\nOne of the most politically sensitive issues in Michigan is the right-to-work law that was adopted in 2012. The state Supreme Court initially rejected a request from Gov. Rick Snyder to issue an expedited opinion on the law's parameters. Now, legal observers say the high court appears ready to issue an opinion in favor of anti-union forces, declaring that the law also applies to public sector union members.\r\n\r\n---\r\nPeer Reviewer Comments:\r\nObservers have noted the current Michigan Supreme Court is conducting itself in a much less partisan manner than previous Michigan Supreme Courts.\r\nAnd in at least one recent case, the court has shown itself willing to act in a way that is contrary to the interests of the executive, issuing a ruling that potentially blew a $1-billion hole in the state budget.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11 \r\n\r\nCenter for American Progress, August 2012, \"Big business taking over state courts\" https://www.americanprogress.org/wp-content/uploads/2012/08/StateCourtsReport.pdf \r\n\r\nMLive.com, May 2, 2012, \"We choose Michigan Supreme Court justices in backroom power grabs; don't expect that to change\" http://www.mlive.com/politics/index.ssf/2012/05/tim_skubick_we_choose_michigan.html \r\n\r\nUSA Today, July 5, 2013, \"Court rejects request for right-to-work opinion\" http://www.usatoday.com/story/news/nation/2013/07/05/right-to-work-michigan/2492839/ \r\n\r\nThe Detroit News, Jan. 13, 2015, \"Justices drill UAW attorney in right-to-work case\" http://www.detroitnews.com/story/news/politics/2015/01/13/michigan-supreme-court-hear-major-right-work-case/21680005/\r\n\r\n---\r\nPeer Reviewer Sources:\r\n\"Michigan Supreme Court race is friendlier, less costly,\" Detroit Free Press, Oct. 31, 2014. http://www.freep.com/story/news/politics/2014/10/30/spending-way-michigans-supreme-court-election/18209895/\r\n\r\n\"Ruling in corporate tax case could cost Michigan $1 billion.\" Detroit Free Press, Aug. 8, 2014 http://archive.freep.com/article/20140808/NEWS06/308080035/taxes-michigan-corporations-supreme-court\"" }, { "number": 54, "name": "In practice, the governor limits the use of executive orders to establish new regulations, policies, or government practices.", "criteria": "A 100 score is earned if the governor does not circumvent the legislature through executive orders. Executive orders are limited in number and narrow in scope.\r\n\r\nA 50 score is earned if the governor occasionally relies on executive orders to circumvent the legislature. Some executive orders are broad in scope.\r\n\r\nA 0 score is earned if the governor routinely uses executive orders to circumvent the legislature, or refer to issues that require legislative action or approval.", "details": "", "answer": "100", "explanation": "The Michigan governor in recent years has issued 12-16 executive orders (EO) annually, usually without sparking any opposition from lawmakers. In March 2015, Gov. Rick Snyder issued a controversial EO that the state Board of Education deemed unconstitutional. That EO transferred the state school reform office from the Michigan Department of Education to the state budget agency, which is directly under the governor's control. On April 27, 2015, Snyder issued another significant EO, creating a new Michigan Agency for Energy, but he was not criticized for circumventing the Legislature, only for his emphasis on \"green energy.\" ", "source": "Mark Brewer, former Michigan Democratic Party chairman, phone interview, March 12, 2015 \r\n\r\nDetroit Free Press, March 17, 2015, \"Board: Snyder's education reform plan violates constituiton\" http://www.freep.com/story/news/local/michigan/2015/03/17/state-board-statement-executive-order-violates-constitution/24904527/ \r\n\r\nMLive, April 27, 2015, \"New executive order moves to improve Michigan's energy future\" http://www.mlive.com/environment/index.ssf/2015/04/new_executive_order_moves_to_i.html \r\n\r\nGovernor's Office website, Executive Orders http://www.michigan.gov/snyder/0,4668,7-277-57577_57632---,00.html" }, { "number": 55, "name": "In practice, when necessary, the governor and state cabinet officials are prosecuted for crimes they commit.", "criteria": "A 100 score is earned if, when necessary, the governor and state cabinet officials are investigated, charged, and/or prosecuted. The executive branch does not control whether immunity can be lifted.\r\n\r\nA 50 score is earned if they are not always investigated, charged, and/or prosecuted despite the existence of criminal allegations. A 50 score is also earned if the executive branch controls whether immunity can be lifted. \r\n\r\nA 0 score is earned if they are rarely or never investigated, charged, or prosecuted, despite the existence of criminal allegations.", "details": "", "answer": "50", "explanation": "In Michigan, the governor and Cabinet members have immunity from tort liability claims, not criminal actions. The executive branch does not determine if a criminal case proceeds. No governor or Cabinet member has been charged with a crime in recent Michigan history. \r\n\r\nHowever, questions have been raised by the media and legislators regarding the behavior of one Cabinet member, former state treasurer Andy Dillon. Dillon was accused of assaulting his ex-wife in August 2013 but prosecutors decided there was insufficient evidence to charge him. \r\n\r\nThe treasurer resigned in November 2013 after his campaign finance reports from a 2010 run for governor suggested that $100,000 was unaccounted for. The Secretary of State's Office, also part of the executive branch, investigated the case but allowed Dillon's campaign treasurer more than four years to resolve the matter. Dillon's finances also came under scrutiny in January 2014 when it was reported that he continued to collect his $175,000 state salary two months after his resignation. Dillon never faced any criminal charges.", "source": "Detroit Free Press, Jan. 8, 2014, \"Former Michigan treasurer Andy Dillon resigned two months ago, still gets $175,000 salary\" http://archive.freep.com/article/20140108/NEWS06/301080078/Former-Michigan-Treasurer-Andy-Dillon-still-collecting-full-salary-2-months-after-resignation \r\n\r\nCBS Local Radio website, Aug. 22, 2013, \"Michigan Treasurer Andy Dillon won't face charges\"http://detroit.cbslocal.com/2013/08/22/michigan-treasurer-andy-dillon-wont-face-charges/\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015" }, { "number": 56, "name": "In practice, official government functions are kept separate from the functions of the ruling political party.", "criteria": "A 100 score is earned if the civil service is separate and distinct from party bureaucracy and there are no documented cases of government resources used for party activities. \r\n\r\nA 50 score is earned if the civil service is separate and distinct from party bureaucracy but occasional exceptions exist. Examples may include the use of civil servants to organize political rallies or use of government vehicles on campaign trips. \r\n\r\nA 0 score is earned if the government bureaucracy is used as an extension of the ruling party. Government funds, equipment, and personnel are regularly used to support party activities.", "details": "", "answer": "50", "explanation": "The incumbent governor, attorney general, secretary of state and some high-profile legislators often travel across the state during election time relying upon some state resources. Those visits sometimes include the use of state cars, staff and even Michigan State Police security officers. The Governor's Office's top staff sometimes records separates hours on the campaign trail from time spent working for the governor in an official capacity. \r\n\r\nThe governor's political party is rarely a factor in offering cost reimbursements though in the past some political action committees have stepped up to provide reimbursements that would shield the governor from criticisms of mixing governing with political election ambitions.", "source": "John Truscott, press secretary, former governor John Engler, CEO, Truscott Rossman PR and advocacy firm, Lansing, phone interview, April 13, 2015 \r\n\r\nSteve Bieda, state senator, attorney, phone interviews, March and April 2015 \r\n\r\nState Sen. Jack Brandenburg, Senate Finance Committee chairman, former House Appropriations Committee member, phone interview, April 28, 2015 " } ], "number": 4.1, "name": "Can the chief executive be held accountable for his/her actions?" }, { "questions": [ { "number": 57, "name": "In law, the governor and state-level cabinet officials are required to file an asset disclosure form.", "criteria": "A YES score is earned if the law requires the governor, state-level cabinet officials, and their immediate family to file an asset disclosure form while in office, and the disclosures are publicly available. \r\n\r\nA MODERATE score is earned if the law requires the governor and state-level cabinet officials to file an asset disclosure form while in office but not their family. \r\n\r\nA NO score is earned if no such law exists or it exists but the disclosure forms are not available to the public.", "details": "", "answer": "NO", "explanation": "No such law exists.\r\n\r\nAsset disclosures are not required of executive branch officials -- or any state officials -- in Michigan. The lack of asset disclosure records means that conflicts of interest among legislators remain in the dark, hidden from the public.", "source": "No such law exists\r\n\r\nJeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015\r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11" }, { "number": 58, "name": "In law, executive branch asset disclosure forms are regularly audited.", "criteria": "A YES score is earned if executive branch asset disclosures must be audited by an impartial third party.\r\n\r\nA MODERATE score is earned if independent auditing only occurs when financial irregularities are discovered or suspected or the law requires a compliance review.\r\n \r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 59, "name": "In law, gifts and hospitality offered to members of the executive branch are regulated.", "criteria": "A YES score is earned if the law regulates gifts and hospitality offered to members of the executive branch and their immediate family.\r\n\r\nA MODERATE score is earned if the law regulates gifts for members of the executive branch, but not their family.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "The State Ethics Act prohibits gifts and hospitality for officers and employees of the executive branch, but the law does not address families. The statute states: \"A public officer or employee shall not solicit or accept a gift or loan of money, goods, services, or other thing of value for the benefit of a person or organization, other than the state, which tends to influence the manner in which the public officer or employee or another public officer or employee performs official duties.\"", "source": "Michigan State Ethics Act, 1973, Michigan Code Section 15.342(4) http://www.michigan.gov/mdcs/0,1607,7-147-6881_13592-26139--,00.html " }, { "number": 60, "name": "In law, nepotism (favorable treatment of family members), cronyism (favorable treatment of friends and colleagues), and patronage (favorable treatment of those who reward their superiors) are prohibited amongst executive branch political appointees.", "criteria": "A YES score is earned if the law prohibits nepotism, cronyism, and patronage amongst executive branch appointees. The law includes safeguards against arbitrary disciplinary actions, dismissal, promotion and demotions.\r\n\r\nA MODERATE score is earned if the law prohibits one of the three practices, but not all three.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists.\r\n\r\nAll of the employees in the Governor's Office are political appointees -- at-will employees -- and in each department the five highest-ranking officials are also not civil servants. So, state laws and rules preventing nepotism, cronyism or patronage do not apply. ", "source": "No such law exists" }, { "number": 61, "name": "In law, there are restrictions for the governor and state cabinet-level officials entering the private sector after leaving the government.", "criteria": "A YES score is earned if the law mandates cooling-off periods for governors and state cabinet-level officials taking positions in the private sector after leaving government. These apply if the private sector positions present a conflict of interest, such as seeking to influence their former colleagues.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists.", "source": "No such law exists." } ], "number": 4.2, "name": "Are there regulations governing conflicts of interest by the executive branch (defined here as governors and/or cabinet-level officials)?" }, { "questions": [ { "number": 62, "name": "In practice, executive branch asset disclosures are independently audited.", "criteria": "A 100 score is earned if executive branch asset disclosures are audited yearly by an impartial third party. \r\n\r\nA 50 score is earned if asset disclosures are not always independently audited, or they are, but audits may fail to identify problems in the information.\r\n\r\nA 0 score is earned if executive branch asset disclosures are not independently audited, or they generally fail to identify problems in the information.", "details": "", "answer": "NO", "explanation": "Asset disclosures are not required of executive branch officials -- or any state officials -- in Michigan. The lack of thorough asset disclosures that are regimented and audited means that conflicts of interest among the governor's staff and Cabinet-level officials remain in the dark.", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015 \r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11" }, { "number": 63, "name": "In practice, members of the executive branch adhere to the law governing gifts and hospitality.", "criteria": "A 100 score is earned if there are no documented cases of members of the executive branch and/or family members accepting gifts or hospitality above what is legally allowed.\r\n\r\nA 50 score is earned if there occasionally are documented cases of officials and/or family members accepting gifts and hospitality above what is legally allowed.\r\n\r\nA 0 score is earned if members of the executive routinely accept gifts and hospitality above what is legally allowed.", "details": "", "answer": "25", "explanation": "The state Ethics Law prevents gifts or hospitality \"which tends to influence the manner in which\" an official carries out his duties. However, the ethics enforcement process lacks teeth and the duty of reporting gifts and hospitality falls to the lobbyists, not the official receiving the complimentary items. The reporting by lobbyists is also considered substandard. \r\n\r\nIn practice, most executive branch officials try to stay within the bounds of the lobbying laws but the lack of transparency allows lobbyists and those with special interests to exert undue influence. While no scandalous information has come forth in recent years, critics of the state's casual approach say they suspect the system allows for private business deals, property exchanges or elaborate gifts for an officials' family members.\r\n\r\nFor example, when the state Ethics Board ruled on June 4 that a relatively low-level state employee had violated the law, it was such an unusual occurrence that it produced big headlines in the Detroit Free Press. A prison store supervisor was found to have accepted thousands of dollars of food and coffee from a prison vendor for years. Nonetheless, the Ethics Board vote was a narrow 4-3, with dissenters arguing that the supervisor should not be punished for following longstanding practices at the prison of accepting “free samples” from vendors. The supervisor apparently will not face dismissal or suspension because he ended the practice in January after an internal investigation was underway.", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015\r\n\r\nJohn Truscott, press secretary to former governor John Engler, CEO and founder of Truscott-Rossman PR and lobbying firm, Lansing, phone interview, April 13, 2015 \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n\r\nDetroit Free Press June 5, 2015, \"Panel: Prison store boss' acts unethical\" http://www.freep.com/story/news/local/michigan/2015/06/04/union-ethics-complaint-free-goods-prison-store/28463835/ " }, { "number": 64, "name": "In practice, executive branch actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.", "criteria": "A 100 score is earned if there are no documented cases of nepotism, cronyism, and patronage at the senior level of the executive branch. Hirings, firings, and promotions are based on merit and performance.\r\n\r\nA 50 is earned if occasionally there are documented cases of nepotism, cronyism, and patronage. Political leaders or senior officials sometimes appoint family member or friends to favorable positions, or lend other favorable treatment.\r\n\r\nA 0 is earned if there are frequent documented cases of nepotism, cronyism, and patronage occurring in hiring, firing and promotions.", "details": "", "answer": "50", "explanation": "All of the employees in the Governor's Office are political appointees -- at-will employees -- and in each department the five highest-ranking officials are also not civil servants. \r\n\r\nSo, there are no cases of nepotism, cronyism or patronage because they are accepted practices in the executive branch. However, firings are rare and the overriding factor in a person receiving and keeping a job appears to be loyalty to the governor or department head. \r\n\r\n---\r\nPeer Reviewer Comment:\r\nOne example is Richard Baird, who is still a top adviser in the governor's office and is an old friend of Gov. Rick Snyder from his days as a certified professional accountant. Baird was originally hired under a controversial arrangement whereby he was paid from a Snyder nonprofit foundation funded by corporate donors who were not disclosed.” ", "source": "John Truscott, press secretary to former governor John Engler, CEO and founder of Truscott-Rossman PR and lobbying firm, Lansing, phone interview, April 13, 2015 \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015 \r\n\r\n---\r\nPeer Reviewer Source:\r\n\"Former Michigan treasurer resigned but still gets full $175,000 salary\"\" (references DiBartolomeo), Detroit Free Press, Jan. 8, 2014; http://archive.freep.com/article/20140108/NEWS06/301080078/Former-Michigan-Treasurer-Andy-Dillon-still-collecting-full-salary-2-months-after-resignation" }, { "number": 65, "name": "In practice, the governor and state cabinet-level officials adhere to the law governing private sector employment after leaving office.", "criteria": "A 100 score is earned if there are no documented cases of officials taking jobs in the private sector that entail directly lobbying or seeking to influence their former government colleagues, without an adequate cooling-off period.\r\n\r\nA 50 score is earned if there are occasional instances of officials taking jobs without observing an adequate cooling-off period.\r\n\r\nA 0 score is earned if no cooling-off periods exist or they are routinely ignored.", "details": "", "answer": "0", "explanation": "Michigan has no \"revolving door\" law or any statutes that require a \"cooling off period\" for the governor's staff or Cabinet-level officials. As a result, the public cannot determine if decisions made by executive officials are influenced by job offers or future employment that could present conflicts of interest. The system also allows officials to quickly switch jobs and directly lobby or attempt to influence their former government colleagues. ", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015\r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11, 2015" } ], "number": 4.3, "name": "Are the regulations governing conflicts of interest by the executive branch (defined here as governors and/or cabinet-level officials) effective?" }, { "questions": [ { "number": 66, "name": "In practice, citizens can access the asset disclosure records of the governor and state cabinet-level officials within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if records are available online at no cost, or can be obtained within a week electronically for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain records, requesters are required to visit a specific office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain records, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "0", "explanation": "Asset disclosures are not required of executive branch officials -- or any state officials -- in Michigan. The lack of thorough asset disclosures that are regimented and audited means that conflicts of interest among the governor's staff and Cabinet-level officials remain in the dark.", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015 \r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11" }, { "number": 67, "name": "In practice, the asset disclosure records of the governor and state cabinet-level officials are complete and detailed.", "criteria": "A 100 score is earned if the asset disclosures of the governor, state cabinet-level officials and their families provide complete, detailed information, itemizing all significant sources of income. Records are available in standardized, comparable formats.\r\n\r\nA 50 score is earned if the asset disclosures contain some useful information, but lack important details or do not include family members' assets. \r\n\r\nA 0 score is earned if the asset disclosures do not provide a clear accounting of the individuals' sources of income. A 0 score is also earned if asset disclosures are not publicly available.", "details": "", "answer": "NO", "explanation": "Asset disclosures are not required of executive branch officials -- or any state officials -- in Michigan. The lack of thorough asset disclosures that are regimented and audited means that conflicts of interest among the governor's staff and Cabinet-level officials remain in the dark.", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015 \r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11" }, { "number": 68, "name": "In practice, asset disclosure records of members of the state executive branch are accessible to the public in open data format.", "criteria": "A 100 score is earned if the asset disclosure records of the governor and/or state cabinet-level officials are made available online and can be easily accessed, downloaded in bulk, and in a machine readable format. \r\n\r\nA 50 score is earned if such information cannot be easily accessed and/or downloaded in bulk, but it can be downloaded in machine-readable format.\r\n\r\nA 0 score is earned if the asset disclosure records are not available online or they are but cannot be downloaded .", "details": "", "answer": "0", "explanation": "Asset disclosures are not required of executive branch officials -- or any state officials -- in Michigan. The lack of thorough asset disclosures that are regimented and audited means that conflicts of interest among the governor's staff and Cabinet-level officials remain in the dark.", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n \r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015 \r\n \r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11" } ], "number": 4.4, "name": "Can citizens access the asset disclosure records of the governor and the state cabinet?" } ], "name": "Executive Accountability", "score": 26.8, "rank": 50 }, { "number": 5, "subcategories": [ { "questions": [ { "number": 69, "name": "In law, legislators are prohibited from using state resources for personal purposes.", "criteria": "A YES score is earned if the law prohibits the use of state resources for personal purposes.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "Michigan's criminal code includes a section that outlaws misuse of public funds for any state or local official and their staffs. However, for the most part, laws affecting state employees do not apply to the state Legislature. They operate under their own sets of House and Senate rules. \r\n\r\nHouse and Senate rules and the regulated reimbursement process for expenses provide safeguards against misappropriation of funds. All requested purchases by a legislator for his/her office must go through a central administrative process. In addition, all office furniture and equipment is tagged as state property and an assessment to determine nothing is missing is conducted just before a legislator leaves office.", "source": "Michigan Penal Code, 1931, Michigan Code Section 750.490 http://www.legislature.mi.gov/(S(4ogxksavhalalo4nyuvcp2u5))/mileg.aspx?page=getObject&objectName=mcl-750-490\r\n\r\nHouse Rules, 2015, Chapter VII(4) http://www.legislature.mi.gov/Publications/rules/house_rules.pdf \r\n\r\nSenate Rules, 2015, Section 1.309 http://www.senate.michigan.gov/rulesandappts/senaterules.html#1.309 " }, { "number": 70, "name": "In practice, legislators do not use state resources for personal purposes.", "criteria": "A 100 score is earned if there are no documented cases of legislators using public funds for personal purposes.\r\n\r\nA 50 score is earned if there have been two or less documented cases of serious transgressions.\r\n\r\nA 0 score is earned if there have been more than five documented cases of serious transgressions.", "details": "", "answer": "100", "explanation": "No legislators have been accused of misusing state resources in recent years. Because House and Senate rules and the regulated-reimbursement process for expenses provide safeguards against misappropriation of funds, it is difficult in practice for any lawmaker to circumvent the system.\r\n\r\nLegislators do not have access to any cash accounts, as all requested purchases by a lawmaker for his/her office must go through a central administrative process. They also do not have access to state-owned vehicles. In addition, all office furniture and equipment is tagged as state property and an assessment to determine nothing is missing is conducted just before a legislator leaves office.\r\n\r\nThe strict policy that blocks personal use of resources, such as furniture or computers, was on full display in January when a newly elected House member attempted to rearrange his office by getting rid of filing cabinets and cubicle walls. The House Office Building maintenance staff quickly stepped in and told Rep. Todd Courser that all furniture and equipment, along with the wiring integrated into the structure of the desks, must remain in exactly the same place where it stood in past years.", "source": "Nick Ciaramitaro, former state representative, Michigan legislative director, American Federation of State, County and Municipal Employees, phone interview, June 29, 2015 \r\n\r\nMIRS News Service, Jan. 7, 2015, \"Courser Clashing With House Over Office Renovations\" \r\nhttp://mirsnews.com/capsule.php?gid=4495#41891\r\n\r\nSteve Bieda, state senator, attorney, phone interviews, March, April and June 2015" }, { "number": 71, "name": "In practice, when necessary, the judiciary reviews laws passed by the legislature.", "criteria": "A 100 score is earned if, when necessary, the judiciary reviews laws and voids illegal or unconstitutional actions. It does not depend on the legislature to initiate a legal review and the court has demonstrated that it is non-partisan.\r\n\r\nA 50 score is earned if the judiciary independently reviews laws when necessary, but it may be slow to act, unwilling to take on politically sensitive issues, or occasionally unable to enforce its judgments.\r\n\r\nA 0 score is earned if the judiciary fails to review laws passed, does not enforce judgments, or depends on the legislature to initiate reviews.", "details": "", "answer": "50", "explanation": "The judiciary routinely reviews laws passed by the Legislature when a legal challenge is made. However, the Michigan Supreme Court's supposedly non-partisan stance is tainted by the political process, with candidates for the court nominated at a convention by political parties. A 2012 report by the Center for American Progress on state courts concluded that the Michigan Supreme Court consistently sided with business interests associated with Republican governors and legislators. \r\n\r\nThe report stated: \"The Michigan Legislature has passed tort reform legislation (signed by the Republican governor) with some of the strictest limits on lawsuits. Unlike courts in other states, the Michigan high court has not acted to strike down these limits as unconstitutional.\" \r\n\r\nOne of the most politically sensitive issues in Michigan is the right-to-work law that was adopted in 2012 (before the period of study). The state Supreme Court initially rejected a request from Gov. Rick Snyder to issue an expedited opinion on the law's parameters. Now, legal observers say the high court appears ready to issue an opinion in favor of anti-union forces, declaring that the law also applies to public sector union members.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11 \r\n\r\nJules Olsman, attorney, member of State Bar board of directors, phone interview, April 14, 2015\r\n\r\nCenter for American Progress, August 2012, \"Big business taking over state courts\" https://www.americanprogress.org/wp-content/uploads/2012/08/StateCourtsReport.pdf \r\n\r\nMLive.com, May 2, 2012, \"We choose Michigan Supreme Court justices in backroom power grabs; don't expect that to change\" http://www.mlive.com/politics/index.ssf/2012/05/tim_skubick_we_choose_michigan.html \r\n\r\nUSA Today, July 5, 2013, \"Court rejects request for right-to-work opinion\" http://www.usatoday.com/story/news/nation/2013/07/05/right-to-work-michigan/2492839/ \r\n\r\nThe Detroit News, Jan. 13, 2015, \"Justices drill UAW attorney in right-to-work case\" http://www.detroitnews.com/story/news/politics/2015/01/13/michigan-supreme-court-hear-major-right-work-case/21680005/ " } ], "number": 5.1, "name": "Can members of the legislature be held accountable for their actions?" }, { "questions": [ { "number": 72, "name": "In law, members of the state legislature are required to file an asset disclosure form.", "criteria": "A YES score is earned if the law requires all members of the legislature and their immediate family to file an asset disclosure form while in office, and the disclosures are publicly available. \r\n\r\nA MODERATE score is earned if the law requires all members of the legislature to file an asset disclosure form while in office, but not their family.\r\n\r\nA NO score is earned if no such law exists or it exists, but the disclosure forms are not available to the public.", "details": "", "answer": "NO", "explanation": "No such law exists.\r\n\r\nAsset disclosures are not required of legislative branch officials -- or any state officials -- in Michigan. The lack of asset disclosure records means that conflicts of interest among legislators remain in the dark, hidden from the public.", "source": "No such law exists\r\n\r\nJeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015\r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11" }, { "number": 73, "name": "In law, state legislature asset disclosure forms are regularly audited.", "criteria": "A YES score is earned if state legislature asset disclosures must be audited by an impartial third party. \r\n\r\nA MODERATE score is earned if independent auditing only occurs when financial irregularities are discovered or suspected or the law requires a compliance review.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such records exist in practice. ", "source": "No such law exists" }, { "number": 74, "name": "In law, gifts and hospitality offered to state legislators are regulated.", "criteria": "A YES score is earned if the law regulates gifts and hospitality offered to state legislators and their immediate family. \r\n\r\nA MODERATE score is earned if the law regulates gifts for state legislators, but not their family. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "Gifts to lawmakers from lobbyists are partly regulated under state law. Transactions of $1,200 or more between a registered lobbyist and a lawmaker, or a lobbyist and a member of the lawmaker's immediate family, must be reported. Travel and lodging exceeding $775, paid for by a lobbyist, must be reported. Reporting is also required for the purchase of food or beverage exceeding $59 in any month, or $375 between Jan. 1 and the end of a reporting period", "source": "\"\"Michigan Lobby Registration Act reporting thresholds\"\"\r\nhttp://www.michigan.gov/documents/sos/2015Thresholds_476332_7.pdf" }, { "number": 75, "name": "In law, nepotism (favorable treatment of family members), cronyism (favorable treatment of friends and colleagues), and patronage (favorable treatment of those who reward their superiors) are prohibited when hiring legislative staff.", "criteria": "A YES score is earned if the law prohibits nepotism, cronyism, and patronage with legislative staff. The law includes safeguards against arbitrary disciplinary actions, dismissal, promotion, and demotions.\r\n\r\nA MODERATE score is earned if the law prohibits one of the three practices, but not all three.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 76, "name": "In law, there are restrictions for state legislators entering the private sector after leaving the government.", "criteria": "A YES score is earned if the law mandates cooling-off periods for state legislators taking positions in the private sector after leaving government. These apply if the private sector positions present a conflict of interest, such as seeking to influence their former colleagues.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists restricting state legislators in regards to private-sector employment. While there is a prohibition for law-makers to engage in lobbying if and when a lawmaker resigns before the term is over, in general, there is no such provision. ", "source": "No such law exists." }, { "number": 77, "name": "In law, legislators must recuse themselves from actions in which they may have a conflict of interest.", "criteria": "A YES score is earned if the law requires state legislators to recuse themselves from any action that could confer a financial benefit to them or their immediate family, such as participating or voting in hearings, committees and on the floor. \r\n\r\nA MODERATE score is earned if there is a law, but it does not define the recusal mechanism.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" } ], "number": 5.2, "name": "Are there regulations governing conflicts of interest by members of the state legislature?" }, { "questions": [ { "number": 78, "name": "In practice, state legislature asset disclosures are independently audited.", "criteria": "A 100 score is earned if legislative branch asset disclosures are audited yearly by an impartial third party. \r\n\r\nA 50 score is earned if asset disclosures are not always independently audited, or they are, but audits may fail to identify problems in the information.\r\n\r\nA 0 score is earned if legislative branch asset disclosures are not independently audited, or they generally fail to identify problems in the information.", "details": "", "answer": "0", "explanation": "Asset disclosures are not required of legislative branch officials -- or any state officials -- in Michigan. The lack of asset disclosure records means that conflicts of interest among legislators remain in the dark, hidden from the public.", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan \r\n\r\nCoalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015\r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11" }, { "number": 79, "name": "In practice, state legislators adhere to the law governing gifts and hospitality.", "criteria": "A 100 score is earned if there are no documented cases of state legislators and/or family members accepting gifts or hospitality above what is legally allowed.\r\n\r\nA 50 score is earned if there occasionally are documented cases of state legislators and/or family members accepting gifts and hospitality above what is legally allowed.\r\n\r\nA 0 score is earned if state legislators routinely accept gifts and hospitality above what is legally allowed.", "details": "", "answer": "25", "explanation": "Most legislators adhere to the limits imposed on lobbyists spreading gifts and hospitality --$58 per month, or $350 in the calendar year, from each individual lobbyist -- but they are not required to report those perks. Michigan law assigns the requirement of reporting gifts to the lobbyists, not the legislator/recipients. What’s more, state enforcement of disclosure rules are lax. As a result, the limits are easily circumvented and the gift reports typically offer few details.\r\n\r\nState Sen. Steve Bieda, the Legislature's leading advocate for greater transparency, and other critics say that out-of-state trips by lawmakers, largely paid for by special interest groups, including vacations to the Caribbean or other tropical destinations, are not unusual. But the details of those trips rarely show up in lobbying disclosure reports. \r\n\r\nThe Michigan Campaign Finance Network, a watchdog group, reported in February that lobbyists reported spending $725,000 on hospitality, travel and accommodations for state officials in 2014 but very little of that largesse was connected to a named beneficiary. \r\n\r\n“Citizens should have a right to know the whole story of what lobbyists are spending to influence officeholders and administration officials,” the report concluded. “Not only should citizens know who is being lobbied and what hospitality they are receiving, they should know what bills, budgets and regulations the lobbyists are advocating.”", "source": "Mark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12 \r\n\r\nSteve Bieda, state senator, attorney, phone interviews, March and April 2015 \r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nMichigan Campaign Finance Network report on lobbyist spending http://www.mcfn.org/press.php?prId=222" }, { "number": 80, "name": "In practice, legislative branch actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.", "criteria": "A 100 score is earned if there are no documented cases of nepotism, cronyism, and patronage with the legislative branch. Hirings, firings, and promotions are based on merit and performance.\r\n\r\nA 50 score is earned if occasionally there are documented cases of nepotism, cronyism, and patronage. Legislators sometimes appoint family member or friends to favorable positions, or lend other favorable treatment.\r\n\r\nA 0 score is earned if there are frequent documented cases of nepotism, cronyism, and patronage occurring in hirings, firings, and promotions.", "details": "", "answer": "50", "explanation": "The staff of the legislative branch consists entirely of at-will employees, not civil servants, and rules against nepotism, cronyism or patronage do not apply. Many legislators hire staff based on loyalty and the staffer's work duties during the last election campaign. However, firings that are not based on merit or performance are rare. The hiring of campaign workers is common to the point that it's often expected. \r\n\r\nState Rep. Henry Yanez of Sterling Heights hired his two top campaign staffers when he first took office in January 2013. That was viewed in Lansing, in the Capitol, as fully acceptable. When a new legislator from a nearby district didn't follow suit and declined to hire his faithful campaign manager in January 2015, Republican Rep. Pete Lucido of Shelby Township was chastised by some in GOP circles. ", "source": "Paul Bukowski, attorney, former legislative aide, state House of Representatives, phone interview, April 7, 2015 \r\n\r\nSteve Bieda, state senator, attorney, phone interviews, March and April 2015 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12" }, { "number": 81, "name": "In practice, state legislators adhere to the law governing private sector employment after leaving office.", "criteria": "A 100 score is earned if there are no documented cases of state legislators officials taking jobs in the private sector that entail directly lobbying or seeking to influence their former government colleagues, without an adequate cooling-off period.\r\n\r\nA 50 score is earned if there are occasional instances of state legislators taking jobs without observing an adequate cooling-off period.\r\n\r\nA 0 score is earned if no cooling-off periods exist or they are routinely ignored.", "details": "", "answer": "0", "explanation": "In Michigan, no \"cooling off\" period exists and there is no \"revolving door\" limitations to which legislators must adhere. As a result, legislators can be influenced in their voting patterns by future employment opportunities while at the same time they can keep these conflicts quiet. \r\n\r\nJeremy Steele, a journalism professor and co-founder of the Michigan Coalition for Open Government, points out that with legislators facing term limits (six years in the House, eight years in the Senate) the lack of a revolving door law is particularly troublesome because \"all lawmakers have to line up their next job.\"", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015\r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11" }, { "number": 82, "name": "In practice, state legislators recuse themselves from actions in which they may have a conflict of interest.", "criteria": "A 100 score is earned if state legislators regularly recuse themselves from any action that could confer a financial benefit to them or their immediate family, such as participating or voting in hearings, committees and on the floor. \r\n\r\nA 50 score is earned if state legislators occasionally do not recuse themselves from actions that could confer a financial benefit to them or their family. There are a few documented cases of non-recusal and conflict of interest rules not observed. \r\n\r\nA 0 score is earned if members of the legislature never or rarely recuse themselves.", "details": "", "answer": "0", "explanation": "Recusals are rare but legislators are expected not to challenge their colleagues when an abstention from voting is called for but not declared. Because lawmakers are not required to disclose their assets, failure to properly recuse one's self carries little risk. What's more, a recusal from voting suggests that a legislator has problems with conflicts of interest. \r\n\r\nHouse and Senate rules address abstentions but those rules are largely ignored. State Sen. Steve Bieda, who has served in the House and Senate for the past 10 years, said that he has never witnessed more than one or two abstentions per year. Bieda said one senator raised eyebrows on the Senate floor two years ago when he cast votes on bills that would affect agricultural operations much like the farm he owns. Following the Legislature's hands-off approach on such matters, none of his colleagues challenged the senator's ability to vote on the legislation.", "source": "Steve Bieda, state senator, attorney, phone interviews, March and April 2015 \r\n\r\nPaul Bukowski, attorney, former legislative aide, state House of Representatives, phone interview, April 7, 2015 \r\n\r\nState Sen. Jack Brandenburg, Senate Finance Committee chairman, former House Appropriations Committee member, phone interview, April 28, 2015 " } ], "number": 5.3, "name": "Are regulations governing conflicts of interest by members of the state legislature effective?" }, { "questions": [ { "number": 83, "name": "In practice, citizens can access the asset disclosure records of state legislators within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if records are available online at no cost, or can be obtained within a week electronically for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain records, requesters are required to visit a specific office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain records, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "NO", "explanation": "Asset disclosures are not required of legislative branch officials -- or any state officials -- in Michigan. The lack of asset disclosure records means that conflicts of interest among legislators remain in the dark, hidden from the public.", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11" }, { "number": 84, "name": "In practice, the asset disclosure records of state legislators are complete and detailed.", "criteria": "A 100 score is earned if asset disclosures of state legislators and their families provide complete, detailed information, itemizing all significant sources of income. Records are available in standardized, comparable formats.\r\n\r\nA 50 score is earned where the asset disclosures contain some useful information, but lack important details or do not include family members' assets. \r\n\r\nA 0 score is earned where the asset disclosures do not provide a clear accounting of the individuals' sources of income. A 0 score is also earned if asset disclosures are not publicly available.", "details": "", "answer": "NO", "explanation": "Asset disclosures are not required of legislative branch officials -- or any state officials -- in Michigan. The lack of asset disclosure records means that conflicts of interest among legislators remain in the dark, hidden from the public.", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of \r\n\r\nProfessional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015\r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11" }, { "number": 85, "name": "In practice, asset disclosure records of state legislators are accessible to the public in open data format.", "criteria": "A 100 score is earned if the asset disclosure records of state legislators are made available online and can be easily accessed, downloaded in bulk, and in a machine-readable format. \r\n\r\nA 50 score is earned if such information cannot be easily accessed and/or downloaded in bulk, but it can be downloaded in machine-readable format. \r\n\r\nA 0 score is earned if the asset disclosures are not available online or they are but cannot be downloaded.", "details": "", "answer": "0", "explanation": "Asset disclosures are not required of legislative branch officials -- or any state officials -- in Michigan. The lack of asset disclosure records means that conflicts of interest among legislators remain in the dark, hidden from the public.", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n \r\n Michael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015\r\n \r\n Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11" } ], "number": 5.4, "name": "Can citizens access the asset disclosure records of members of the state legislature?" }, { "questions": [ { "number": 86, "name": "In law, citizens can access records of legislative processes and documents.", "criteria": "A YES score is earned if the law mandates public access to all records of legislative proceedings, including voting records. A YES can still be scored if exceptions for closed hearings or individual privacy exist.\r\n\r\nA MODERATE score is earned if a general law requires all government records to be made publicly available, not specifically referring to records of legislative processes and documents, but not excluding them either.\r\n\r\nA NO score is earned if no such law exists or it exists, but exceptions are not clearly defined.", "details": "", "answer": "YES", "explanation": "The Michigan Constitution requires that journals which are accessible to the public be kept to document legislative proceedings, including roll call votes, in the House and Senate.", "source": "Michigan Constitution, 1963, Article VI, Subsections 17 and 18 http://www.legislature.mi.gov/(S(ya0oncqjlx14p5dsgmem5rfu))/documents/Publications/Constitution.pdf " }, { "number": 87, "name": "In practice, citizens can access records of legislative processes and documents within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if records are available online at no cost, or can be obtained within a week electronically for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain records, requesters are required to visit a specific office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain records, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "100", "explanation": "Voting tallies, bill texts and bill analyses by the House and Senate fiscal agencies are easily accessible online at no cost. The information about a particular piece of legislation is updated quickly as new actions are taken in the legislative process. According to the Legislative Service Bureau, legislative action typically is added to the online chronology of a House or Senate bill within 10 minutes. In some cases, an update is added within a few hours.", "source": "Steve Bieda, state senator, attorney, phone interview, March and April 2015 \r\n\r\nJohn Whetstone, House Republicans communications director, phone interview, June 25, 2015, email conversations, June 26 and 29, 2015\r\n\r\nMichigan Legislature database -- bills http://www.legislature.mi.gov/(S(k5wkxjadi2c2suqwjjczpvhf))/mileg.aspx?page=Bills Michigan \r\n\r\nLegislature database -- journals of votes cast http://www.legislature.mi.gov/(S(k5wkxjadi2c2suqwjjczpvhf))/mileg.aspx?page=Journals" }, { "number": 88, "name": "In practice, legislative records are accessible to the public in open data format.", "criteria": "A 100 score is earned if legislative records are made available online and can be easily accessed, downloaded in bulk, and in machine-readable format. \r\n\r\nA 50 score is earned if such information cannot be easily accessed and/or downloaded in bulk, but it can be downloaded in machine-readable format. \r\n\r\nA 0 score is earned if records are not available online or they are but cannot be downloaded.", "details": "", "answer": "25", "explanation": "Legislative records are free online and easily accessible, through a variety of search methods. The state provides an extremely accessible and comprehensive database, with guides and visual aids. However, the legislative records can only be viewed as html or downloaded as pdf. There is no registration requirement or usage costs for the website. \r\n\r\nThere are no burdens of purchasing a particular software and no terms of service serving as a barrier to data access.", "source": "Michigan Legislature database http://www.legislature.mi.gov/(S(k5wkxjadi2c2suqwjjczpvhf))/mileg.aspx?page=Bills \r\n \r\nHouse Fiscal Agency; http://house.michigan.gov/hfa/ \r\n \r\nSenate Fiscal Agency; http://www.senate.michigan.gov/sfa/\r\n \r\nSunlight Foundation website; http://sunlightfoundation.com/policy/documents/ten-open-data-principles/" }, { "number": 89, "name": "In practice, citizens provide input at committee level.", "criteria": "A 100 score is earned if citizens frequently provide input into the legislative process through a formal process and their input is considered during the decision-making process.\r\n\r\nA 50 score is earned if citizens only occasionally provide input through a formal process, or they do it frequently but it is not always considered. \r\n\r\nA 0 score is earned if citizens have no formal process to provide input to the legislative debate.", "details": "", "answer": "75", "explanation": "At the committee level, where most of the legislative work is accomplished, lawmakers hear from representatives of corporations, labor unions, associations that represent certain sectors of the economy, lawyers, doctors, academics and other types of experts.\r\n\r\nBut the process is also open to citizens with very few limits. Citizens can show up on the day of a committee hearing and provide testimony without any advance notice to the committee chair or members. Comments in writing also are always accepted. In addition, citizens can use the Legislature's website to be put on a notification list that will alert them when action is scheduled on a particular bill of interest to them. \r\n\r\nOn May 26, 2015, in the House Judiciary Committee, testimony was heard regarding substantial revisions to the state's aggressive drug forfeiture laws -- changes that are opposed by many legislators and a significant segment of the law enforcement community. Two witnesses from the public, medical marijuana patients, came forward to testify about their experiences with police raiding their homes and seizing and holding their assets, though drug charges against them were quickly dropped. The hearing made national news, with Forbes.com, citing the testimony in detail.\r\n\r\n---\r\nPeer Reviewer Comment:\r\nParticularly during \"lame duck\" sessions of the Legislature, held between November elections and the end of the year, lawmakers frequently pass bills the public has never seen, let alone had the opportunity to testify about at a committee hearing.\r\n\r\nThe Legislature gets around rules that dictate the speed with which legislation can move through the process, by \"substituting\" new or substantially altered bills for bills that have already been through the committee process.\r\n\r\nThough is it outside the scope of the study, the 2012 right-to-work legislation is an example of a highly significant piece of legislation that never went through the committee process.\r\n\r\nMore recently, lawmakers in 2013 passed marijuana legislation before it had been posted online for the public to read, and in 2014 the Senate Majority Leader arranged for lending legislation to go directly to the Senate without a committee hearing.\r\n\r\nCitizen groups have complained it is hard for them to participate in the lame duck legislation because deals are being cut in back rooms.", "source": "Michigan Legislature website http://www.legislature.mi.gov/(S(wf0nxcfijs3ut55e5byzsi0i))/mileg.aspx?page=home Michigan \r\n\r\nLegislature website, Committees http://www.legislature.mi.gov/(S(wf0nxcfijs3ut55e5byzsi0i))/mileg.aspx?page= \r\n\r\nSteve Bieda, state senator, attorney, phone interviews, March and April 2015 \r\n\r\nForbes.com, May 28, 2015, \"State legislators reconsider forfeiture laws that turn cops into robbers\"; http://www.forbes.com/sites/jacobsullum/2015/05/28/state-legislators-reconsider-forfeiture-laws-that-turn-cops-into-robbers/ \r\n\r\n---\r\nPeer Reviewer Sources:\r\n\"Changes in Michigan Medical Marijuana Act,\" Cannabis Counsel, Jan. 3, 2013; http://www.cannabiscounsel.com/2013/01/03/changes-in-michigan-medical-marihuana-act/\r\n\r\n\"Richardville: 276% interest rate loans not 'predatory'\"\", The Detroit News, Dec. 9, 2014.\r\n\r\n\"News from Michigan's lame duck session,\"\" Parents Across America, Dec. 17, 2014; http://parentsacrossamerica.org/news-michigans-lame-duck-session/ " } ], "number": 5.5, "name": "Can citizens access legislative processes and documents?" } ], "name": "Legislative Accountability", "score": 36.3, "rank": 50 }, { "number": 6, "subcategories": [ { "questions": [ { "number": 90, "name": "In law, state-level judges are prohibited from using state resources for personal purposes.", "criteria": "A YES score is earned if the law prohibits the use of state resources for personal purposes for judges.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "Michigan law criminalizes misappropriation of public funds. In addition, the state Code of Judicial Conduct prohibits judges and their staff from misuse of public resources. What's more, those Michigan court rules, which carry the force of law, block the misuse of judicial office for \"personal advantage or gain, or for the advantage or gain of another.\"", "source": "Michigan Penal Code, 1931, Michigan Code Section 750.490 http://www.legislature.mi.gov/(S(4ogxksavhalalo4nyuvcp2u5))/mileg.aspx?page=getObject&objectName=mcl-750-490 \r\n\r\nMichigan Court Rule 9.205\r\nhttp://www.courts.michigan.gov/supremecourt/MCR/mcr.html\r\n\r\nMichigan Code of Judicial Conduct Canons 1, 2(B), 3(B) and 7(B)(2)(e).\r\nhttp://coa.courts.mi.gov/rules/documents/8michigancodeofjudicialconduct.pdf" }, { "number": 91, "name": "In practice, state-level judges do not use state resources for personal purposes.", "criteria": "A 100 score is earned if there are no documented cases of state-level judges using state resources for personal purposes. \r\n\r\nA 50 score is earned if there have been two or less documented cases of serious transgressions.\r\n\r\nA 0 score is earned if there have been more than five documented cases of serious transgressions.", "details": "", "answer": "50", "explanation": "In recent years Michigan has established a poor reputation for misconduct by judges at the state and local level. Four judges have been removed from the bench and two others were forced to retire in the last three years.\r\n\r\n---\r\nPeer Reviewer Comment:\r\nThe 2014 annual report of the Michigan Judicial Tenure Commission cited two examples of judges sanctioned, in part, for using state resources for personal use.\r\nWayne County Circuit Judge Wade McCree, Jr., who was removed from the bench in 2014 after carrying on an affair with a litigant in a case he was handling, was found to have allowed his mistress to enter the courthouse through an employee entrance without going through security; allowing her to remain alone in his chambers while he was on the bench; allowing her to park her vehicle in an area reserved for judges; and seeking to use the prosecuting attorney's office as leverage against his ex-mistress, among other transgressions.\r\n\r\nAlso the subject of a complaint in 2014 was Oakland County District Court Judge Dennis Powers. He was accused of falsifying travel records and submitted them for reimbursement; falsifying conference reimbursement requests; defrauding the county regarding his vacation time, and misusing his county-issued laptop and cell phone. He resigned, after which the complaint was dismissed.", "source": "Tom Rombach, president of State Bar of Michigan, phone interviews, April 12-13, 2015 \r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nJules Olsman, State Bar board member, phone interview, April 14, 2015 \r\n\r\nUSA Today, \"Troubling trend: When judges need disciplining,\" Dec. 7, 2014 http://www.usatoday.com/story/news/nation/2014/12/07/when-judges-need-disciplining/20053455/\r\n\r\n---\r\nPeer Reviewer Source: \r\nAnnual report of the Michigan Judicial Tenure Commission, 2014; http://jtc.courts.mi.gov/downloads/website.AnnualReport2014.pdf" }, { "number": 94, "name": "In law, state-level judges are required to give reasons for their decisions.", "criteria": "A YES score is earned if judges are required to explain their rulings in writing.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The Michigan Constitution requires the Supreme Court to explain their rulings in writing. The lower court judges face the same requirements under the Michigan Court Rules, which carry the force of law.", "source": "Michigan Constitution, 1963, Article VI Subsection 6 Michigan Court Rules, Section 2.602 http://www.legislature.mi.gov/(S(wf0nxcfijs3ut55e5byzsi0i))/documents/mcl/pdf/mcl-chap1.pdf \r\n\r\nMichigan Court Rules http://courts.mi.gov/Courts/MichiganSupremeCourt/rules/Pages/current-court-rules.aspx" }, { "number": 95, "name": "In practice, state-level judges give reasons for their decisions.", "criteria": "A 100 is earned if state-level judges explain all their rulings in writing without exception.\r\n\r\nA 50 is earned if judges generally explain their rulings, but exceptions exist.\r\n\r\nA 0 is earned if state-level judges often fail to explain their rulings in writing.", "details": "", "answer": "75", "explanation": "All Supreme Court and Court of Appeals rulings are outlined in writing, without exception, and are available for free online. The courts' database provides several search mechanisms.\r\nIn Michigan, circuit courts act semi-autonomously in each county or -- in rural, northern parts of the state -- as a group of counties within a single circuit. As a result, the written rulings of circuit judges are made available separately for the public by each of the 57 circuits.\r\n\r\n---\r\nPeer Reviewer Comment:\r\nThere is at least one recent example of a judge failing to give reasons for his decisions. In 2014, the Michigan Supreme Court imposed a 60-day unpaid suspension on Wayne County Circuit Judge Bruce Morrow for transgressions that included failing to make proper records and refusing to give written orders.", "source": "Tom Rombach, president of State Bar of Michigan, phone interviews, April 12-13, 2015 \r\n\r\nMichigan Courts database http://courts.mi.gov/opinions_orders/case_search/pages/default.aspx \r\n\r\nMichigan Courts, Cases, Opinions and Orders http://courts.mi.gov/opinions_orders/pages/default.aspx" }, { "number": 96, "name": "In law, there is a disciplinary agency for the state-level judicial system.", "criteria": "A YES score is earned if in law there is a disciplinary agency (or equivalent mechanism) for the judicial system. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The Michigan Judicial Tenure Commission, made up of five judges, two attorneys and two citizens oversees complaints, investigates and holds hearings. If the commission determines wrongdoing, which occurs about 35 times a year, it makes a recommendation to the Michigan Supreme Court. Sanctions can include a private censure, a public reprimand, paid or unpaid suspension, mandatory retirement or removal from office.\r\n\r\nThe process is secretive and often lengthy. The commission does not provide information about investigations or allegations unless they take action, and private censures are sealed. The commission is not subject to the Michigan Freedom of Information Act. \r\n\r\nMichigan created the commission when voters passed an amendment to Article 6, Subsection 30 of the Michigan Constitution in August, 1968. The enabling court rule is now codified in MCR 9.200.", "source": "Judicial Tenure Commission website; http://jtc.courts.mi.gov/index.htm \r\n\r\nMichigan Constitution, 1963, Article VI, Subsection 30 http://www.legislature.mi.gov/(S(wf0nxcfijs3ut55e5byzsi0i))/documents/mcl/pdf/mcl-chap1.pdf" }, { "number": 97, "name": "In law, the leadership of the entity/ies for judicial discipline is protected from political interference.", "criteria": "A YES score is earned if the leadership of the entity does not change after every state election and the senior staff are longstanding civil servants legally protected from arbitrary dismissal.\r\n\r\nA MODERATE score is earned if the leadership of the entity changes after every state election, but the senior staff are all longstanding civil servants legally protected from arbitrary dismissal or transfer, or vice versa.\r\n\r\nA NO score is earned if no such law exists. A NO score is also earned if the judicial disciplinary agency or equivalent mechanism function is carried out by an executive agency or legislative committee.", "details": "", "answer": "YES", "explanation": "The constitutional amendment that created the Judicial Tenure Commission was intended to remove political interference from the process of disciplining judges and court officers. As a result, the nine-member JTC has a diverse membership with appointments made by the governor, State Bar association and non-partisan judges. In fact, a key criticism of the JTC is that it operates in secrecy, allowing no outside influences on its deliberations.\r\n\r\nThe seven members of the JTC support staff are civil servants with Civil Service protections.", "source": "Michigan Constitution, 1963, Article VI, Subsection 30 http://www.legislature.mi.gov/(S(wf0nxcfijs3ut55e5byzsi0i))/documents/mcl/pdf/mcl-chap1.pdf\r\n\r\nJohn Nevin, communications director, State Court Administrative Office, phone interview, April 7, 2015, email conversations, April 9-10, 2015 \r\n\r\nJudicial Tenure Commission website; http://jtc.courts.mi.gov/index.htm" }, { "number": 98, "name": "In practice, the entity/ies mandated to exert judicial disciplinary measures independently initiates investigations and imposes penalties on offenders.", "criteria": "A 100 score is earned if the entity independently initiates investigations and imposes sanctions when necessary. \r\n\r\nA 50 score is earned if the entity does not often initiate investigations or it fails to impose sanctions when necessary. \r\n\r\nA 0 score is earned if no such entity exists or it exists, but rarely initiates investigations.", "details": "", "answer": "75", "explanation": "Due to a limited staff, the Judicial Tenure Commission rarely initiates investigations. It responds to requests from the state Supreme Court for a JTC investigation and, mostly, to complaints filed by judges, attorneys and the public. Until recently, the JTC rarely issued sanctions against judges of major significance. \r\n\r\nIn 2014, Washtenaw County Circuit Court judges faced criticism for incompetence, bias and misconduct but no complaint was filed with the JTC and so the commission took no action. According to The Ann, an Ann Arbor-based online magazine, numerous attorneys complained privately about two of the judges but they feared professional retaliation if they filed a complaint with the JTC.\r\n\r\nThe most significant JTC ruling in recent memory came in March of this year when the commission, after concluding that 36th District Judge Brenda Sanders was incompetent and mentally ill, recommended to the Supreme Court that they remove the Detroit jurist from office and ban her from becoming a candidate for a judicial office until a medical professional declares that her illness will no longer prevent her from carrying out the duties of the court. The Supreme Court carried out the recommendation.\r\n\r\n\r\n---\r\nPeer Reviewer Comment:\r\nThough the Michigan Judicial Tenure Commission rarely initiates investigation, its actions against offenders have stepped up, particularly during the study period.\r\nIn 2013, only five judges were removed from the bench nationwide, and 17 resigned or retired in lieu of removal. Michigan, in jus three years, has removed four judges and forced three to retire.\r\n\r\nThe annual report of the Michigan Judicial Tenure Commission documents a body that is taking its job seriously.", "source": "Tom Rombach, president of State Bar of Michigan, phone interviews, April 12-13, 2015 \r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nJules Olsman, State Bar board member, phone interview, April 14, 2015 \r\n\r\nThe Ann, \"Perverse Justice: Politics and hubris inside the Washtenaw County courts,\" May 17, 2014 http://www.theannmag.com/perverse-justice-politics-and-hubris-inside-the-washtenaw-county-courts/ \r\n\r\nUSA Today, \"Troubling trend: When judges need disciplining,\" Dec. 7, 2014 \r\nhttp://www.usatoday.com/story/news/nation/2014/12/07/when-judges-need-disciplining/20053455/ \r\n\r\nJudicial Tenure Commission rulings \r\nhttp://jtc.courts.mi.gov/\r\n\r\n---\r\nPeer Reviewer Source:\r\nTroubling trend: When Michigan judges need disciplining Detroit Free Press, Dec. 7, 2014; http://www.freep.com/story/news/local/michigan/2014/12/07/misbehaving-michigan-judges-disciplined-judicial-tenure-commission/20020833/\r\n\r\nMichigan Judicial Tenure Commission, 2014 annual report; http://jtc.courts.mi.gov/downloads/website.AnnualReport2014.pdf" }, { "number": 102, "name": "In law, citizens can access court administrative records.", "criteria": "A YES score is earned if in law, court administrative records are available to the public. \r\n\r\nA MODERATE score is earned if a general law requires all government records to be made publicly available, not specifically referring to court administrative records, but not excluding them either.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "Financial records are public under the state constitution. Article IX, Section 23 says: \"All financial records, accountings, audit reports and other reports of public moneys shall be public records and open to inspection.\"\r\n\r\nAlso, although no state law guarantees public access, Supreme Court Administrative Order 1997-10 says other than specific exceptions, employee records, administrative records or financial records are available to the public upon written request.", "source": "Administrative Order # 1968-2: http://courts.mi.gov/Courts/MichiganSupremeCourt/rules/Documents/Administrative%20Orders.pdf" }, { "number": 103, "name": "In practice, the citizens can access court decisions and opinions within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if records are available online at no cost, can be obtained within a week electronically for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain records, requesters are required to visit an office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain records, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "100", "explanation": "All court rulings are outlined in writing, without exception, and are available for free online. The courts' database provides several search mechanisms. Supreme Court and Court of Appeals rulings are posted online the day after the decision is reached. Supreme Court rulings are distributed to the media and posted on social media site the day of the decision.\r\n\r\nIn Michigan, circuit courts act semi-autonomously in each county or -- in rural, northern parts of the state -- as a group of counties within a single circuit. As a result, the written rulings of circuit judges are made available separately for the public by each of the 57 circuits. Each circuit court hosts its own online system and some do not provide a free online search for court rulings. Also, because the various software systems are vendor-specific, open data standards vary from circuit to circuit.", "source": "John Nevin, communications director, State Court Administrative Office, phone interview, April 7, 2015, email conversations, April 9-10, 2015 \r\n\r\nMichigan Courts database http://courts.mi.gov/opinions_orders/case_search/pages/default.aspx \r\n\r\nMichigan Courts, Cases, Opinions and Orders http://courts.mi.gov/opinions_orders/pages/default.aspx" }, { "number": 104, "name": "In practice, court decisions and opinions are accessible to the public in open data format.", "criteria": "A 100 score is earned if decisions and records are made available online and can be easily accessed, downloaded in bulk, and in machine-readable format.\r\n\r\nA 50 score is earned if such information cannot be easily accessed and/or downloaded in bulk, but it can be downloaded in machine-readable format.\r\n\r\nA 0 score is earned if such information is not available online or it is but cannot be downloaded.", "details": "", "answer": "25", "explanation": "All court rulings are outlined in writing, without exception, and are available for free online. To search the database, one must search by party name of docket number, and files are in pdf format. Archived information is available and there are no fees or processing costs attached to public access to the information\r\n \r\n Each of the 57 circuit courts hosts its own online system and some do not provide a free online search for court rulings. Also, because the various software systems are vendor-specific, open data standards vary from circuit to circuit.", "source": "Sunlight Foundation; http://sunlightfoundation.com/policy/documents/ten-open-data-principles/ \r\n \r\nTodd Schmitz, Macomb County Deputy Clerk, email conversation, June 23, 2015\r\n \r\nJohn Nevin, communications director, State Court Administrative Office, phone interview, April 7, 2015, email conversations, April 9-10, 2015 \r\n \r\nMichigan Courts database http://courts.mi.gov/opinions_orders/case_search/pages/default.aspx Diagram of Michigan \r\n\r\nCourt System http://courts.mi.gov/Administration/SCAO/Pages/Improve-Service.aspx" } ], "number": 6.1, "name": "Can members of the judiciary be held accountable for their actions?" }, { "questions": [ { "number": 92, "name": "In law, there is an independent confirmation process for state-level judges (i.e. conducted by the legislature or an independent body), based on professional criteria.", "criteria": "A YES score is earned if the law requires judges to be elected through a competitive formal process in which an entity independent from the appointing body reviews nominees. Nominees must meet certain professional criteria. \r\n\r\nA MODERATE score is earned if the law requires a competitive formal process and nominees must meet certain criteria, but no independent entity is tasked with reviewing nominees.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists.", "source": "No such law exists" }, { "number": 93, "name": "In practice, professional criteria are followed in selecting state-level judges.", "criteria": "A 100 is earned if state-level judges meet relevant professional qualifications such as formal legal training, experience as a lower court judge, or a career as a litigator. \r\n\r\nA 50 is earned if most state-level judges meet these qualifications, but some exceptions exist. \r\n\r\nA 0 is earned where state-level judges often fail to meet these qualifications.", "details": "", "answer": "50", "explanation": "The only requirement is that a candidate for judge must be a bar-certified attorney. Some candidates have never served on the bench or established a career as a litigator.\r\n\r\nSince the bar for qualifications is so low, \"not qualified\" becomes a subjective judgment. The newest Supreme Court justice, Richard Bernstein, is an example of a judge that critics said was not qualified.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11, 2015\r\n\r\nJules Olsman, State Bar board member, phone interview, April 14, 2015 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12 " }, { "number": 99, "name": "In law, there is a process in place to evaluate the performance of judges.", "criteria": "A YES score is earned if the law mandates an evaluation of the performance of judges who are up for retention or reelection.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 100, "name": "In law, citizens can access the performance evaluations of judges.", "criteria": "A YES score is earned if the law grants the public access to the performance evaluations of judges who are up for retention or reelection.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists.", "source": "No such law exists." }, { "number": 101, "name": "In practice, state-level judges' performance evaluations are complete and detailed.", "criteria": "A 100 score is earned if judges' performance evaluations provide insight into the judges' abilities, integrity, impartiality, communication skills, professionalism, and administrative capacity, and similar. Records are available to the public in standardized formats. \r\n\r\nA 50 score is earned if evaluations are available, but lack important details or are not available to the public in standardized formats. \r\n\r\nA 0 score is earned if evaluations fail to provide a clear accounting of judges' performance or are not publicly available.", "details": "", "answer": "0", "explanation": "No such records exist. The American Bar Association's standards for evaluating judges is not used in Michigan. Some local Bar Associations have made an attempt to rate the performance of judges in their area. But those efforts quickly faded. The only internal benchmarking of state judges revolves around record-keeping related to how fast the criminal docket moves in individual courts.", "source": "Tom Rombach, president of State Bar of Michigan, phone interviews, April 12-13, 2015 State Court Administrative Office, Improving Outcomes http://courts.mi.gov/Administration/SCAO/Pages/Measuring%20Performance.aspx State Court Administrative Office, Improving Efficiency http://courts.mi.gov/Administration/SCAO/Pages/Re-engineering-Courts.aspx" } ], "number": 6.2, "name": "Is the process for selecting state-level judges transparent and accountable?" }, { "questions": [ { "number": 105, "name": "In law, state-level judges are required to file an asset disclosure form.", "criteria": "A YES score is earned if the law requires all state-level judges and their immediate family to file an asset disclosure form while in office, and the disclosures are publicly available. \r\n\r\nA MODERATE score is earned if the law requires all state-level judges to file an asset disclosure form while in office, but not their family.\r\n\r\nA NO score is earned if no such law exists or it exists, but the disclosure forms are not available to the public.", "details": "", "answer": "NO", "explanation": "Asset disclosures are not required of judicial branch officials -- or any state officials -- in Michigan. The lack of asset disclosure records means that conflicts of interest among legislators remain in the dark, hidden from the public.", "source": "Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of \r\n\r\nProfessional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015\r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11" }, { "number": 106, "name": "In law, state-level judges' asset disclosure forms are regularly audited.", "criteria": "A YES score is earned if state-level judges' asset disclosures must be audited by an impartial third party. \r\n\r\nA MODERATE score is earned if independent auditing only occurs when financial irregularities are discovered or suspected.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 107, "name": "In law, gifts and hospitality offered to state-level judges are regulated.", "criteria": "A YES score is earned if the law regulates gifts and hospitality offered to state-level judges and their immediate family. \r\n\r\nA MODERATE score is earned if the law regulates gifts for judges, but not their family. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "All judges, court referees and magistrates must file forms annually that reflect gifts and hospitality received, as required by the Judicial Code of Conduct. The reporting process does not include gifts or hospitality awarded to judges' family members.", "source": "Michigan Judicial Code of Conduct, Canon 6(c) http://coa.courts.mi.gov/rules/documents/8michigancodeofjudicialconduct.pdf" }, { "number": 108, "name": "In law, nepotism (favorable treatment of family members), cronyism (favorable treatment of friends and colleagues), and patronage (favorable treatment of those who reward their superiors) are prohibited when hiring judicial staff.", "criteria": "A YES score is earned if the law prohibits nepotism, cronyism, and patronage with judicial staff. The law includes safeguards against arbitrary disciplinary actions, dismissal, promotion, and demotions.\r\n\r\nA MODERATE score is earned if the law prohibits one of the three practices, but not all three.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists.\r\n\r\nJudicial branch employees are not civil service employees and are hired/fired on an at-will basis. specifically excluded from civil service. Specifically, the Michigan Constitution excludes judicial branch employees for civil service status. All state-level judicial branch employees are subject to the whims of the Supreme Court chief justice or the chief judge of the Court of Appeals. ", "source": "No such law exists" }, { "number": 109, "name": "In law, there are restrictions for state-level judges entering the private sector after leaving the government.", "criteria": "A YES score is earned if the law mandates cooling-off periods for state-level judges taking positions in the private sector after leaving government. These apply if the private sector positions present a conflict of interest, such as seeking to influence their former colleagues.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists. Article VI, Section 21 of the Michigan Constitution requires a one-year cooling off period before a justice or judge can be \"nominated or elected to an elective office\" outside of the judicial office they currently hold. However, there is no law mandating judge's entry into the private sector.", "source": "No such law exists \r\n\r\nMichigan Constitution, Article VI, Section 21http://www.legislature.mi.gov/(S(mqtmq4vhw11fnr1wkejgapsx))/mileg.aspx?page=getObject&objectName=mcl-Article-VI-21" }, { "number": 110, "name": "In law, state-level judges must recuse themselves from cases in which they may have a conflict of interest.", "criteria": "A YES score is earned if the law requires state-level judges to recuse themselves from any case that could confer a financial benefit on them or their immediate family.\r\n\r\nA MODERATE score is earned if there is a law, but it does not define the recusal mechanism.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The Michigan Court Rules, which carry the force of law, require that a judge should be disqualified from hearing a case related to family or business relationships, financial interests or bias against any party. There is no reference to, or definition of, immediate family. In a court with two or more judges, a motion for disqualification is decided by the chief judge. In a single-judge court -- or if the chief judge is the jurist being asked to step aside the State Court Administrator's Office will assign the motion to a judge for a decision.", "source": "Michigan Court Rules, Section 2.003\r\nhttp://www.courts.michigan.gov/supremecourt/MCR/mcr.html" } ], "number": 6.3, "name": "Are there regulations governing conflicts of interest for the state-level judiciary?" }, { "questions": [ { "number": 111, "name": "In practice, state-level judges' asset disclosures are independently audited.", "criteria": "A 100 score is earned if state-level judges' asset disclosures are audited yearly by an impartial third party. \r\n\r\nA 50 score is earned if asset disclosures are not always independently audited, or they are, but audits may fail to identify problems in the information.\r\n\r\nA 0 score is earned if judicial branch asset disclosures are not independently audited, or they fail to identify problems in the information.", "details": "", "answer": "NO", "explanation": "In Michigan, judges -- and all state officials -- do not face asset disclosure requirements, so there are no audited disclosure records for the public to review. As a result, it's unclear to the public -- and to attorneys appearing in a judge's courtroom -- whether a jurist may have a conflict of interest or has been subject to undue outside influence. ", "source": "Tom Rombach, president of State Bar of Michigan, phone interviews, April 12-13, 2015 \r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11, 2015\r\n\r\nJules Olsman, State Bar board member, phone interview, April 14, 2015 " }, { "number": 112, "name": "In practice, state-level judges adhere to the law governing gifts and hospitality.", "criteria": "A 100 score is earned if there are no documented cases of state-level judges and/or family members accepting gifts or hospitality above what is legally allowed.\r\n\r\nA 50 score is earned if there occasionally are documented cases of state-level judges and/or family members accepting gifts and hospitality above what is legally allowed.\r\n\r\nA 0 score is earned if state-level judges routinely accept gifts and hospitality above what is legally allowed.", "details": "", "answer": "75", "explanation": "All judges, court referees and magistrates must file forms annually that reflect gifts and hospitality received, as required by the Judicial Code of Conduct. The gift forms filed by judges are so obscure -- and generally lacking in detail -- that there have been no documented cases in recent years, certainly not during the project's reporting period, of judges exceeding limits for gifts and hospitality. The forms are not easily accessible to the public or attorneys: A trip to one of the five SCAO regional offices is required to peruse the documents. In fact, some attorneys are not even aware that judges must report gifts and hospitality they receive. The reporting process does not include gifts or hospitality awarded to judges' family members.\r\n ", "source": "Jules Olsman, State Bar board member, phone interview, April 14, 2015 \r\n\r\nPaul Bukowski, attorney, former legislative aide, state House of Representatives, hone interview, April 7, 2015 \r\n\r\nJeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015 " }, { "number": 113, "name": "In practice, judicial branch actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.", "criteria": "A 100 score is earned if there are no documented cases of nepotism, cronyism, and patronage with the judicial branch. Hirings, firings, and promotions are based on merit and performance.\r\n\r\nA 50 is earned if occasionally there are documented cases of nepotism, cronyism, and patronage. Judges sometimes appoint family member or friends to favorable positions, or lend other favorable treatment.\r\n\r\nA 0 is earned if there are frequent documented cases of nepotism, cronyism, and patronage occurring in hirings, firings, and promotions.", "details": "", "answer": "50", "explanation": "Judicial branch employees are not civil service employees and are hired/fired on an at-will basis in practice. They are excluded from civil service status, as stated in the Michigan Constitution. All state-level judicial branch employees are subject to the whims of the Supreme Court chief justice or the chief judge of the Court of Appeals. Employees of both courts, other than the judge’s personal staff, are hired by, and report to, the administrative staff. It should be noted that a court administrative order says that relatives of justices, judges, or court administrators shall not be employed within the same court or judicial entity of the related judge or court official. It's unclear how often that order is enforced.\r\n \r\nJudicial branch employees accept employment knowing that they are at-will and not protected from any type of favoritism in hirings/promotions/firings. At the same time cronyism etc. is a non-factor in the Michigan judiciary, or at least not documented as such. Likewise, it is not a major factor within the Legislature and in the upper-level positions of the executive branch, including all employees at the governor’s office.", "source": "John Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\nJohn Nevin, communications director, State Court Administrative Office, phone interview, April 7, 2015, email conversations, April 9-10, 2015 \r\nJules Olsman, State Bar board member, phone interview, April 14, 2015 " }, { "number": 114, "name": "In practice, state-level judges recuse themselves from cases in which they may have a conflict of interest.", "criteria": "A 100 score is earned if state-level judges regularly recuse themselves from any cases that could confer a financial benefit to them or their immediate family.\r\n\r\nA 50 score is earned if judges occasionally do not recuse themselves from actions that could confer a financial benefit to them or their family. There are a few documented cases of non-recusal and conflict of interest rules not being observed. \r\n\r\nA 0 score is earned if members of the legislature never or rarely recuse themselves.", "details": "", "answer": "25", "explanation": "Recusals are rare in the state Supreme Court and Court of Appeals. More importantly, because the state does not mandate asset disclosures and the records for gifts and hospitality received by judges, which could present a conflict of interest, attorneys appearing before the two top courts in the state would not be aware, in most cases, of potential conflicts. Beyond instances in which a financial benefit is at issue, the lack of transparency in Michigan judicial elections -- the so-called dark money that finances campaign ads -- also shields a judge from declaring a conflict of interest. Michigan Court Rules address how the process is designed to work.\r\n\r\n---\r\nPeer Reviewer Comment: Agree\r\nHere are additional examples: \r\nAnn Arbor 15th District Court Judge Christopher Easthope in 2013 smoked marijuana with an attorney who appeared before him and who he helped to obtain a lucrative city legal contract, later texting the attorney: \"\"You owe me.\"\"\r\n\r\nWayne County Circuit Court Judge Wade McCree, Jr. was removed from the bench in 2014 after carrying on an affair with a woman who was a litigant in a case before him.", "source": "Rich Robinson, director of Michigan Campaign Rich Finance Network, phone interview, March 11\r\n\r\nJules Olsman, State Bar board member, phone interview, April 14, 2015 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12 \r\n\r\nJohn Nevin, communications director, State Court Administrative Office, phone interview, April 7, 2015, email conversations, April 9-10, 2015 \r\n\r\nMichigan Court Rule 2.003 http://www.courts.michigan.gov/supremecourt/MCR/mcr.html\r\n\r\n---\r\nPeer Reviewer Sources:\r\nResigning judge Christopher Easthope used pot wth lawyer…,The Ann Arbor News, July 9, 2015. http://www.mlive.com/news/ann-arbor/index.ssf/2015/07/resigning_ann_arbor_judge_smok.html#incart_river\r\n\r\nWayne County Judge Wade McCree removed…, Detroit Free Press, March 27, 2014." }, { "number": 115, "name": "In practice, state-level judges adhere to the law governing private sector employment after leaving office.", "criteria": "A 100 score is earned if there are no documented cases of state-level judges taking jobs in the private sector that entail directly lobbying or seeking to influence their former government colleagues, without an adequate cooling-off period.\r\n\r\nA 50 score is earned if there are occasional instances of judges taking jobs without observing an adequate cooling-off period.\r\n\r\nA 0 score is earned if no cooling-off periods exist or they are routinely ignored.", "details": "", "answer": "0", "explanation": "The Michigan Constitution requires a 1-year cooling off period after a justice or judge leaves his judicial post before he can pursue a different political office. However, justices and judges face no restrictions when pursuing a private sector job after leaving office. As a consequence, the public -- and attorneys appearing in a judge's courtroom -- cannot know if the jurist is unduly influenced by future employment considerations.", "source": "Rich Robinson, director of Michigan Campaign Rich Finance Network, phone interview, March 11, 2015\r\n\r\nJules Olsman, State Bar board member, phone interview, April 14, 2015\r\n\r\nJeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015 " } ], "number": 6.4, "name": "Are the regulations governing conflicts of interest for the state-level judiciary effective?" }, { "questions": [ { "number": 116, "name": "In practice, citizens can access the asset disclosure records of state-level judges within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if records are available online at no cost, or can be obtained within a week electronically for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain records, requesters are required to visit an office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain records, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "0", "explanation": "In Michigan, no state officials, including judges, face asset disclosure requirements, so there are no disclosure records for the public to review. As a result, it's unclear to the public -- and to attorneys appearing in a judge's courtroom -- whether a jurist may have a conflict of interest or has been subject to undue outside influence. ", "source": "Tom Rombach, president of State Bar of Michigan, phone interviews, April 12-13, 2015 \r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nJules Olsman, State Bar board member, phone interview, April 14, 2015 " }, { "number": 117, "name": "In practice, the asset disclosure records of state-level judges are complete and detailed.", "criteria": "A 100 score is earned if asset disclosures of state-level judges and their families provide complete, detailed information, itemizing all significant sources of income. Records are available in standardized, comparable formats.\r\n\r\nA 50 score is earned where the asset disclosure contain some useful information, but lack important details or do not include family members' assets. \r\n\r\nA 0 score is earned where the asset disclosure do not provide a clear accounting of the individuals' sources of income. A 0 score is also earned if asset disclosures are not publicly available.", "details": "", "answer": "0", "explanation": "In Michigan, no state officials, including judges, face asset disclosure requirements, so there are no disclosure records for the public to review. As a result, it's unclear to the public -- and to attorneys appearing in a judge's courtroom -- whether a jurist may have a conflict or interest or has been subject to undue outside influence. ", "source": "Tom Rombach, president of State Bar of Michigan, phone interviews, April 12-13, 2015 \r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nJules Olsman, State Bar board member, phone interview, April 14, 2015 " }, { "number": 118, "name": "In practice, asset disclosure records of state-level judges are accessible to the public in open data format.", "criteria": "A 100 score is earned if the asset disclosure records of state-level judges are made available online and can be easily accessed, downloaded in bulk, and in machine-readable format. \r\n\r\nA 50 score is earned if such information cannot be easily accessed and/or downloaded in bulk, but it can be downloaded in machine-readable format. \r\n\r\nA 0 score is earned if the asset disclosures are not available online or they are but cannot be downloaded.", "details": "", "answer": "0", "explanation": "In Michigan, no state officials, including judges, face asset disclosure requirements so there are no disclosure records for the public to review. As a result, it's unclear to the public -- and to attorneys appearing in a judge's courtroom -- whether a jurist may have a conflict or interest or has been subject to undue outside influence.", "source": "Tom Rombach, president of State Bar of Michigan, phone interviews, April 12-13, 2015 \r\n \r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n \r\nJules Olsman, State Bar board member, phone interview, April 14, 2015" } ], "number": 6.5, "name": "Can citizens access the asset disclosure records of members of the state-level judiciary?" } ], "name": "Judicial Accountability", "score": 29.5, "rank": 50 }, { "number": 7, "subcategories": [ { "questions": [ { "number": 119, "name": "In practice, significant government expenditures (projects costing more than 1% of the total state budget) require legislative approval.", "criteria": "A 100 score is earned if all significant government expenditures receive legislative approval.\r\n\r\nA 50 score is earned if occasionally significant government expenditures are made without legislative approval. This may include a governor's personal or discretionary budget. \r\n\r\nA 0 score is earned if significant expenditures are frequently made without legislative approval.", "details": "", "answer": "75", "explanation": "In Michigan, there is no threshold for legislative approval of additional spending. The state Constitution requires a balanced budget and any budget adjustments or transfer of funds sought by the executive branch, if they result in a net-zero change, go to the House and Senate Appropriations Committees for approval.\r\n \r\nAccording to the nonprofit, nonpartisan Citizens Research Council, approval by the full Legislature is undertaken only when a budget \"supplemental\" is requested that adds to the previously appropriated expenditure level. In many cases, these involve new needs or projects, unanticipated federal money, or an unexpected shortfall in a revenue line item. \r\n\r\nMichigan law states that a government agency cannot proceed with any expenditure that \"results in the agency exceeding the gross appropriation level of an appropriation line item made to that agency by the Legislature.” However, some critics, such as the Senate Finance Committee chairman, Sen. Jack Brandenburg, claim that the Appropriations Committee chairs have too much power and they sometimes skew the process with budget gimmicks.", "source": "Bob Schneider, analyst for Citizens Research Council, former House Fiscal Agency staffer, phone interview, April 27, 2015\r\n\r\nState Sen. Jack Brandenburg, Senate Finance Committee chairman, former House Appropriations Committee member, phone interview, April 28, 2015\r\n\r\nKurt Weiss, communications director, Department of Management, Budget and Technology, email conversations, April 20-21, 2015 " }, { "number": 120, "name": "In practice, the legislature has sufficient capacity to monitor the budget process and make changes.", "criteria": "A 100 score is earned if the legislature has sufficient, qualified staff, and adequate resources to fulfill its budgetary duties without a backlog of work.\r\n\r\nA 50 score is earned if legislature has limited resources, causing the volume of work to overwhelm staff and delay investigations and/or reports. \r\n\r\nA 0 score is earned if lack of resources regularly limits the legislature's oversight or work is usually delayed.", "details": "", "answer": "100", "explanation": "Legislators routinely praise the work of the House Fiscal Agency and Senate Fiscal Agency, which provide detailed analysis of spending proposals and other legislative items that impact the state's budget. In Michigan, the budgetary process is often lengthy and it typically results in a budget that contains numerous amendments and is substantially different than the initial spending plan proposed by the governor.", "source": "State Sen. Jack Brandenburg, Senate Fiance Committee chairman, former House Appropriations Committee member, phone interview, April 28, 2015 \r\n\r\nSenate Fiscal Agency website http://www.senate.michigan.gov/sfa/ \r\n\r\nHouse Fiscal Agency website http://www.house.mi.gov/hfa/home.asp" } ], "number": 7.1, "name": "Can the legislature provide input into the state budget?" }, { "questions": [ { "number": 121, "name": "In practice, the state budgetary debate process is conducted in a transparent manner (i.e. before final approval).", "criteria": "A 100 score is earned if budget negotiations are conducted in public debates and records of these proceedings are publicly accessible. Authors of individual budget items can be identified. \r\n\r\nA 50 score is earned if occasionally major modifications are negotiated in closed sessions, records of budget debates are not publicly available, or some details are missing, such as authors of individual budget line items. \r\n\r\nA 0 score is earned if budget modifications are frequently closed to the public, most real debate happens in closed settings, and authors of individual budget items are not identifiable.", "details": "", "answer": "100", "explanation": "The House and Senate Appropriations Committees debate every aspect of the governor's proposed budget in public and many amendments are offered. The record of the proceedings (minutes) are easily accessible online and the sessions are also available in a video format. In addition, the public can also sign on to an electronic notification service that lets them know what budget issues will be discussed on the upcoming appropriations schedule.", "source": "House Appropriations Committee website http://www.house.mi.gov/MHRPublic/CommitteeInfo.aspx?comkey=306 \r\n\r\nSenate Appropriations Committee website http://www.senate.michigan.gov/committees/Default.aspx?commid=47 \r\n\r\nState Sen. Steve Bieda, phone interviews, March and April, 2015" }, { "number": 122, "name": "In practice, citizens provide input at budget hearings.", "criteria": "A 100 score is earned if citizens, usually through civil society organizations, frequently provide input to the budget debate through a formal process and their input is considered during the decision-making process.\r\n\r\nA 50 score is earned if citizens only occasionally provide input through a formal process, or they do it frequently, but it is not always considered. \r\n\r\nA 0 score is earned if citizens have no formal process to provide input to the budget debate.", "details": "", "answer": "100", "explanation": "At the House and Senate Appropriations Committees, where nearly all of the budget details are ironed out, lawmakers hear from representatives of corporations, labor unions, associations that represent certain sectors of the economy, academics and other types of experts. But the process is also open to citizens, with very few limits. Citizens can show up on the day of a committee hearing and provide testimony without any advance notice to the committee chair or members. Comments in writing also are always accepted. In addition, citizens can use the Legislature's website to be put on a notification list that will alert them when action is scheduled on a particular section of the budget that is of interest to them.", "source": "State Sen. Steve Bieda, phone interviews, March and April, 2015\r\n\r\nSenate Appropriations Committee website http://www.senate.michigan.gov/committee/approps.html \r\n\r\nHouse Appropriations Committee website http://www.house.mi.gov/publiccommitteeschedule/ " }, { "number": 123, "name": "In practice, citizens can access itemized budget allocations within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if itemized lists of budget allocations are available online at no cost, can be obtained electronically within a week for free, or in paper for no more than the cost of photocopies. \r\n\r\nA 50 score is earned if it takes two weeks to obtain records, requesters are required to visit an office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain records, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "100", "explanation": "Detailed budget material is available online for free in a user-friendly format. Each department's itemized allocations are outlined in a pie chart and in a spreadsheet format. In addition, the public can search for budget items based on a category of interest. ", "source": "Open Michigan website \r\nhttp://www.michigan.gov/openmichigan/0,4648,7-266-60201---,00.html \r\n\r\nMichigan Transparency website \r\nhttp://media.state.mi.us/ MITransparency\r\n\r\nMichigan Transparency budget database \r\nhttp://media.state.mi.us/MiTransparencyHome/Appropriations\r\n\r\nJohn Whetstone, communications director, House Republicans, phone interview, May 7, 2015" } ], "number": 7.2, "name": "Can citizens provide input into the budget process? " }, { "questions": [ { "number": 124, "name": "In law, is there a separate legislative committee that provides oversight of public funds.", "criteria": "A YES score is earned if in law there must be a dedicated legislative committee (or equivalent group within the legislature) that oversees the expenditure of public funds. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The House and Senate Appropriations Committees oversee public funds once the annual budget is completed. More specifically, oversight is provided by the numerous Appropriations Subcommittees, each of which deals with a specific budget category or department.\r\n\r\n---\r\nPeer Reviewer Comment: Agree\r\nIt is also worth mentioning the House Oversight and Ethics Committee, which typically reviews reports of the auditor general.", "source": "Management and Budget Act, 1984, Michigan Code Sections MCL 18.1391, 18.1393 http://www.legislature.mi.gov/(S(vnme1wfjf2p11ww2g2vovdvi))/mileg.aspx?page=MCLBasicSearch" }, { "number": 125, "name": "In practice, cabinet-level agencies regularly submit reports to the legislative committee.", "criteria": "A 100 score is earned if heads of cabinet-level agencies submit regular, formal reports of expenses to the legislative committee. \r\n\r\nA 50 score is earned if reports are only occasionally submitted or they lack important details. \r\n\r\nA 0 score is earned if there is no budget oversight committee or equivalent.", "details": "", "answer": "100", "explanation": "Every department, through the State Budget Office, submits a monthly report to the House and Senate Appropriations Committees. These reports include expenses to date, how the numbers compare to one year earlier, and a matchup to the fiscal year budget that was approved by the Legislature. These reports include a financial picture for other funds, such as the School Aid Fund and revenue sharing payments to local communities. ", "source": "Kurt Weiss, communications director, Department of Management, Budget and Technology, email conversations, April 20-21, 2015 \r\n\r\nDMBT Monthly Financial Reports; http://michigan.gov/budget/0,4538,7-157-13406_13431---,00.html \r\n\r\nState Sen. Jack Brandenburg, Senate Finance Committee chairman, former House Appropriations Committee member, phone interview, April 28, 2015" }, { "number": 126, "name": "In practice, the committee acts in a non-partisan manner with members of opposition parties serving on the committee in an equitable fashion.", "criteria": "A 100 score is earned if the committee is comprised of a roughly equal distribution of ruling and opposition legislators and the latter are able to influence the committee's work as much as the former.\r\n\r\nA 50 score is earned if the ruling party has a disproportionate share of the committee, and/or the opposition members are occasionally unable to influence the committee's work to a similar extent as their counterparts.\r\n\r\nA 0 score is earned if the committee is dominated by ruling legislators or opposition members are rarely or never able influence the committee's work.", "details": "", "answer": "25", "explanation": "The Appropriations Committees, as with most committees in the Legislature, operate in a highly partisan manner. The majority party controls the committee agendas and typically votes along partisan lines on appropriations bills and amendments. The minority party members -- holding a lesser number of committee seats -- rarely are allowed any meaningful input that gets a full hearing. State Sen. Jack Brandenburg said that his two years serving on the House Appropriations Committee in the Republican minority were \"the two most miserable years of my legislative career.\"", "source": "Bob Schneider, analyst for Citizens Research Council, former House Fiscal Agency staffer, phone interview, April 27, 2015\r\n\r\nState Sen. Jack Brandenburg, Senate Finance Committee chairman, former House Appropriations Committee member, phone interview, April 28, 2015\r\n\r\nThe Detroit News, Jan. 26, 2015, \"Spat lands Detroit rep in Appropriations vice chair\" Thehttp://www.detroitnews.com/story/news/politics/2015/01/26/spat-lands-detroit-rep-appropriations-vice-chair/22378145/ " }, { "number": 127, "name": "In practice, when necessary, a legislative committee initiates independent investigations into financial irregularities.", "criteria": "A 100 score is earned if the committee always starts investigations when irregularities are uncovered or reported. The entity fully cooperates other entities' investigations. \r\n\r\nA 50 score is earned if the committee occasionally fails to investigate when irregularities are uncovered or reported, or to cooperate with other entities. \r\n\r\nA 0 score is earned if the committee rarely or never investigates.", "details": "", "answer": "75", "explanation": "The House and Senate Appropriations Subcommittees routinely investigate financial irregularities, regardless of the response from the Governor's Office or the executive branch. In fact, one criticism of this aspect of the legislative process is that the inquiries are too numerous and too often associated with partisan or political motives, according to Bob Schneider, an analyst for the nonpartisan Citizens Research Council and a former House Fiscal Agency staffer. \r\n\r\nThese investigations rely a great deal upon the Auditor General's Office. In Michigan, the Auditor General's staff is state government's independent audit agency, though they are under the umbrella of the legislative branch. \r\n\r\nIn addition, the Appropriations Subcommittees focus considerable attention on aid to Detroit, as the state's largest city has been plagued by corruption and mismanagement for many years, which led to municipal bankruptcy. Based on the questionable, bloated legacy costs uncovered during the bankruptcy process, the GOP-controlled House Appropriations Committee in March chopped Detroit's state revenue sharing payment. The panel’s change would redirect $5.8 million that Republican Gov. Rick Snyder budgeted for Detroit and spreads it out across 101 cities, villages and townships across the state.\r\n\r\n---\r\nPeer Reviewer Comment:\r\nA recent example where legislative committees have failed to act is a controversy over the Michigan Senate's plans to sell their building and purchase new office space from a politically connected developer for what's been described as an inflated price.", "source": "The Detroit News, March 26, 2015, \"GOP lawmakers cut funds for economic growth agency\"\r\nhttp://www.detroitnews.com/story/news/politics/2015/03/26/economic-growth-agency-aid-cut/70524006/ \r\n\r\nThe Detroit News, March 25, 2015, \"House panel seeks $4.1 million cut in Detroit revenue sharing\" http://www.detroitnews.com/story/news/politics/2015/03/25/michigan-house-panel-seeks-cut-detroit-revenue-sharing-aid/70434974/ \r\n\r\nBob Schneider, analyst for Citizens Research Council, former House Fiscal Agency staffer, phone interview, April 27, 2015\r\n\r\n---\r\nPeer Reviewer Source:\r\nMichigan House Dems vow to fight new Senate office…\"\" Mlive, March 6, 2015; http://www.mlive.com/lansing-news/index.ssf/2015/03/michigan_house_dems_vow_to_fig.html" } ], "number": 7.3, "name": "Is the legislative oversight committee effective? " }, { "questions": [ { "number": 128, "name": "In practice, the state executive publishes a pre-budget statement presenting assumptions, such as expected revenue, expenditure, debt-levels, and broad allocations among sectors.", "criteria": "A 100 score is earned if the state executive publishes a pre-budget statement presenting assumptions, such as expected revenue, expenditure, debt-levels, and broad allocations among sectors. The complete statement is available online at no cost, can be obtained electronically within a week for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain the statement, requesters are required to visit an office, or a fee must be paid. A 50 score is also earned if the statement does not include all assumptions.\r\n\r\nA 0 score is earned if it takes more than a month to obtain the statement, the cost is prohibitive, or it cannot be obtained at all.", "details": "", "answer": "100", "explanation": "In Michigan, a revenue estimating conference is held publicly every year in January and that is followed by the governor's budget proposal, which outlines the executive branch's spending plans, long-term debt and interest payments, and the revenue estimate that emerged from the January conference. \r\n\r\nThere is no document that is labeled a pre-budget statement. A second revenue estimating conference is held in May. The Michigan fiscal year begins on Oct. 1 but the budget process gets underway several months in advance. The revenue estimates and the governor's proposed budget are available online for free within hours of when they are announced publicly in a PDF format.", "source": "State Budget Office, The Budget Process; http://www.michigan.gov/budget/0,4538,7-157-11462-34950--,00.html \r\n\r\nMLive, Jan. 16, 2015, \"Michigan faces $325 million budget crunch that may force real cuts\" http://www.mlive.com/lansing-news/index.ssf/2015/01/michigan_faces_325_million_bud.html \r\n\r\nDetroit Free Press, Feb. 11, 2015, \"Governor says he's proud of $54 million state budget\" http://www.freep.com/story/news/local/michigan/2015/02/11/governor-snyder-state-budget/23223445/ \r\n\r\nHouse Fiscal Agency, Executive/Legislative Consensus Revenue Estimates, http://www.house.mi.gov/hfa/PDF/Revenue_Forecast/CREC_Final_Agreement_Memo_Jan15.pdf \r\n\r\nDepartment of Treasury, Revenue Estimates http://www.michigan.gov/documents/treasury/Executive_Summary_011615_479269_7.pdf?20150421091452 \r\n\r\nKurt Weiss, communications director, Department of Management, Budget and Technology, email conversations, April 20-21, 2015" }, { "number": 129, "name": "In practice, the state executive publishes its budget proposal, which presents the state government's detailed declaration of policies and priorities for the upcoming budget year.", "criteria": "A 100 score is earned if the state executive publishes its budget proposal, and the complete proposal is available online for no cost, can be obtained electronically within a week for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain the budget proposal, requesters are required to visit an office, or a fee must be paid. A 50 score is also earned if the proposal does not include all details.\r\n\r\nA 0 score is earned if it takes more than a month to obtain the budget proposal, the cost is prohibitive, or it cannot be obtained at all.", "details": "", "answer": "100", "explanation": "The governor's proposed budget, which is released annually in February, is made available immediately, online for free, at the State Budget Office's website.", "source": "State Budget Office, Executive Budget; http://www.michigan.gov/budget/0,4538,7-157-11460_18526---,00.html \r\n\r\nKurt Weiss, communications director, Department of Management, Budget and Technology, email conversations, April 20-12, 2015 \r\n\r\nState Budget Office, The Budget Process; http://www.michigan.gov/budget/0,4538,7-157-11462-34950--,00.html " }, { "number": 130, "name": "In practice, the state computes and publishes multi-year fiscal projections, including estimated revenues, expenditures and obligations.", "criteria": "A 100 score is earned if the state publishes multi-year fiscal notes estimating revenues, expenditures, and obligations that cover the current year and at least five future years. The information is available online for no cost, can be obtained electronically within a week for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain the projections, requesters are required to visit an office, or a fee must be paid. A 50 score is also earned if the projections only cover the current year and at least two future years.\r\n\r\nA 0 score is earned if it takes more than a month to obtain the projections, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "50", "explanation": "The state does not offer long-term expenditure projections. After the governor submits a proposed budget for the coming fiscal year, he also offers -- online for free -- a projected budget for the following fiscal year. As for revenues, the Treasury Department -- and the House and Senate Fiscal Agencies -- offer 2-year projections. Those revenue projections also are available online for free.\r\n\r\nThe State of Michigan Comprehensive Annual Financial Report (CAFR) has debt information spread over many years, \r\nhttp://www.michigan.gov/documents/budget/CAFR_FY_2014_478784_7.pdf?20150727092626, as does the State Treasurer’s Annual Report (STAR),\r\nhttp://michigan.gov/documents/treasury/STAR_2013-14_FINAL_493558_7.pdf?20150727092906. ", "source": "Bob Schneider, analyst for Citizens Research Council, former House Fiscal Agency staffer, phone interview, April 27, 2015 \r\n\r\nHouse Fiscal Agency, Economic Outlook and Revenue Projections http://www.house.mi.gov/hfa/PDF/Revenue_Forecast/EconomicOutlook_Revenue_Estimates%20Jan15.pdf \r\n\r\nState Budget Office, FY 2016 and 2017 Budgets \r\nhttp://www.michigan.gov/budget \r\n\r\nState Treasury Department, Revenue Estimates http://www.michigan.gov/documents/treasury/AdminTreasHandout_01162015_479254_7" }, { "number": 131, "name": "In practice, the state legislature publishes an enacted budget that authorizes the executive to implement the policy measures outlined in the budget.", "criteria": "A 100 score is earned if the state legislature publishes the complete enacted budget and it is available online for no cost, can be obtained electronically within a week for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain the complete enacted budget, requesters are required to visit an office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain the enacted budget, the cost is prohibitive, or it cannot be obtained at all.", "details": "", "answer": "100", "explanation": "Once the annual budget process is completed, the Legislature publishes online, for free, the new fiscal year budget in a few different forms. In Michigan, that budget is traditionally amended in substantial ways from the governor's proposed budget, particularly in years when the Legislature is controlled by the governor's opposing party.", "source": "Michigan House of Representatives, Budget Line Item Sumary \r\nhttp://www.house.mi.gov/hfa/LineItem.asp \r\n\r\nFiscal Year 2015 Approved Budget Bill \r\nhttp://www.legislature.mi.gov/documents/2013-2014/publicact/pdf/2014-PA-0252.pdf \r\n\r\nFiscal Year 2015 Budget\r\nhttp://www.legislature.mi.gov/documents/2013-2014/publicact/pdf/2014-PA-0196.pdf\r\n\r\nBob Schneider, analyst for Citizens Research Council, former House Fiscal Agency staffer, phone interview, April 27, 2015 " }, { "number": 132, "name": "In practice, the state executive publishes monthly or quarterly in-year reports on revenues collected, expenditures made, and debt incurred.", "criteria": "A 100 score is earned if the state executive publishes monthly or quarterly in-year reports that include the above information. These reports are available online for no cost, can be obtained electronically within a week for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain these reports, requesters are required to visit an office, or a fee must be paid. \r\n\r\nA 0 score is earned if it takes more than a month to obtain these reports, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "100", "explanation": "The State Budget Office publishes detailed monthly financial reports, online for free, that reflect revenues, expenditures and fiscal trends. These are produced in an html format. The accounting system used to produce these in-year reports tracks expenditures throughout the year against the appropriation for each line item and against the quarterly allotment. In addition, a report is issued by June 1 of each year indicating whether or not an agency is spending at a rate that would exceed their appropriation. If so, a corrective plan accompanies the June 1 report. Revenues are monitored on a regular basis but are formally adjusted as part of the January and May revenue estimating consensus conferences. Any of the conference principals (State Treasurer, House Fiscal Agency, Senate Fiscal Agency) can call a conference at any other time in the year if they believe it is necessary.", "source": "State Budget Office, Monthly Reports; http://www.michigan.gov/budget/0,4538,7-157-13406_13431---,00.html \r\nKurt Weiss, communications director, Department of Management, Budget and Technology, email conversations, April 20-12, 2015 \r\nState Budget Office, Spending Plans; http://www.michigan.gov/budget/0,4538,7-157-13406_66711---,00.html" }, { "number": 133, "name": "In practice, the state executive publishes a mid-year review for the first six months of the budget year to discuss any changes in economic assumptions that would affect approved budget policies.", "criteria": "A 100 score is earned if the state executive publishes a mid-year review of the budget, and this review is available online for no cost, can be obtained electronically within a week for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain the complete review, requesters are required to visit an office, or a fee must be paid. \r\n\r\nA 0 score is earned if it takes more than a month to obtain the review, the cost is prohibitive, or it cannot be obtained at all.", "details": "", "answer": "25", "explanation": "Under the stated protocol, the executive branch issues a report, available online on June 1 of each year, indicating whether or not an agency is spending at a rate that would exceed their annual appropriation. If so, a corrective plan accompanies the June 1 report. This is not a mid-year report but rather a piece of data that is put forward for review by lawmakers and the public eight months into the fiscal year to warn of budding fiscal problems. However, it appears that no June reports have been issued in recent years. It should be noted that the Budget Office provides quarterly reports online.", "source": "Kurt Weiss, communications director, Department of Management, Budget and Technology, email conversations, April 20-12, 2015 \r\n\r\nState Budget Office, Spending Plans; http://www.michigan.gov/budget/0,4538,7-157-13406_66711---,00.html \r\n\r\nState Budget Office, Transparency and Accountability http://media.state.mi.us/MiTransparency/Home/Appropriation" }, { "number": 134, "name": "In practice, the state executive issues a year-end report summarizing the financial situation at the end of the fiscal year.", "criteria": "A 100 score is earned if the state executive publishes a year-end budget report, and this report is available online for no cost, can be obtained electronically within a week for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain the complete year-end report, requesters are required to visit an office, or a fee must be paid. \r\n\r\nA 0 score is earned if it takes more than a month to obtain the complete year-end report, the cost is prohibitive, or it cannot be obtained at all.", "details": "", "answer": "100", "explanation": "A year-end report is published online for free by the State Budget Office. The report, published in a PDF format, contains voluminous details on the previous fiscal year's revenues and expenditures.", "source": "State Budget Office, Annual Audited Reports\r\nhttp://www.michigan.gov/documents/budget/CAFR_FY_2014_478784_7.pdf \r\n\r\nBudget Department, Transparency and Accountability http://media.state.mi.us/MiTransparency/Home/Expenditure \r\n\r\nState Sen. Jack Brandenburg, Senate Finance Committee chairman, former House Appropriations Committee member, phone interview, April 28, 2015 " }, { "number": 135, "name": "In practice, the state publishes an annual audit report, produced by an entity independent from the executive, which covers the activities undertaken by the executive during the fiscal year.", "criteria": "A 100 score is earned if the state publishes an annual independent audit report, and this report is available online for no cost, can be obtained electronically within a week for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain the complete annual audit report, requesters are required to visit an office, or a fee must be paid. \r\n\r\nA 0 score is earned if it takes more than a month to obtain the complete annual audit report, the cost is prohibitive, or it cannot be obtained at all.", "details": "", "answer": "25", "explanation": "The state publishes a year-end financial report but it is based on an audit conducted by Internal Audit Services, an agency within the executive branch's budget department. This audit report is available online at no cost and it is provided by the State Budget Office in a PDF format.", "source": "State Budget Office, Annual Audited Reports\r\nhttp://www.michigan.gov/documents/budget/CAFR_FY_2014_478784_7.pdf \r\n\r\nBudget Department, Transparency and Accountability http://media.state.mi.us/MiTransparency/ \r\n\r\nState Sen. Jack Brandenburg, Senate Finance Committee chairman, former House Appropriations Committee member, phone interview, April 28, 2015 " }, { "number": 136, "name": "In practice, the state publishes a citizen budget containing non-technical budget information that is accessible to a broader audience.", "criteria": "A 100 score is earned if the state publishes a citizen budget, and this report is available online for no cost, can be obtained electronically within a week for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain the citizen budget, requesters are required to visit an office, or a fee must be paid. \r\n\r\nA 0 score is earned if it takes more than a month to obtain the citizen budget, the cost is prohibitive, or it cannot be obtained at all.", "details": "", "answer": "100", "explanation": "Michigan does not have a \"citizen's budget,\" so to speak, but the State Budget Office offers numerous easy to understand charts and graphs on the current annual budget -- and the most current quarterly financial reports on the implementation of that budget. In addition, as part of the state's web-based \"Dashboard\" initiative launched in 2011, state government's effectiveness and efficiency is also evaluated online in broad categories such as public safety, health, and environmental quality. Overall, detailed budget material is available online for free in a user-friendly format. Each department's allocations are outlined in a pie chart and in a spreadsheet format. In addition, the public can search for budget items based on a category of interest. ", "source": "Michigan Dashboard https://midashboard.michigan.gov/financial-health \r\n\r\nBudget Department, Transparency and Accountability http://media.state.mi.us/MiTransparency/ \r\n\r\nMichigan Dashboard; http://www.michigan.gov/openmichigan/0,4648,7-266-60201,00.html  \r\nOpen Michigan; http://media.state.mi.us/MiTransparency \r\n\r\nState Budget Office, Transparency and Accountability http://media.state.mi.us/MiTransparency/Home/Appropriation" }, { "number": 137, "name": "In practice, reports issued by the state contain information on tax expenditures (information on tax credits, deductions, and exemptions that reduce state revenue).", "criteria": "A 100 score is earned if budget documents issued by the state contain information on all tax expenditures, such as recipients of large economic development tax credits or similar.\r\n\r\nA 50 score is earned if budget documents issued by the state occasionally fail to include information on tax expenditures, or include information on some but not all tax expenditures.\r\n\r\nA 0 score is earned if no such information is published.", "details": "", "answer": "100", "explanation": "For decades, state officials have provided comprehensive information on tax credits, deductions and exemptions. Michigan was praised by the Center for Budget and Policy Priorities in 2013 for preparing its tax expenditure reports as part of its regular budget. The state also received high marks for reporting expenditures by program and comparing them to direct expenditures in the state budget.\r\nThe Legislature passed a law in 1979 requiring the state Treasury Department to produce an annual report on tax expenditures. Those reports are posted online for free.", "source": "Kurt Weiss, communications director, Department of Management, Budget and Technology, email conversations, April 20-12, 2015 \r\n\r\nMlive.com, June 25, 2013 \"Michigan good at making tax deals, but results of them aren't clear\" http://www.mlive.com/politics/index.ssf/2013/06/michigan_good_at_making_tax_de.html \r\n\r\nBudget Department, Transparency and Accountability http://media.state.mi.us/MiTransparency/Home/Expenditure" }, { "number": 138, "name": "In practice, the budget and budget-related documentation is accessible to the public in open data format.", "criteria": "A 100 score is earned if budget and budget-related information is made available online and can be easily accessed, downloaded in bulk, and in machine-readable format.\r\n\r\nA 50 score is earned if where budget and budget-related information cannot be easily accessed and/or downloaded in bulk, but it can be downloaded in machine-readable format. \r\n\r\nA 0 score is earned if the information is not available online or it is but cannot be downloaded.", "details": "", "answer": "100", "explanation": "Detailed budget material is available online for free in a user-friendly format that is easy to understand and access. Each department's allocations are outlined in a pie chart and in a spreadsheet format. In addition, the public can search for budget items based on a category of interest. \r\n\r\nThe database allows users to download bulk files as Excel spreadsheets. Also, there are no online registration rules or personal identification requirements and no terms of service serving as a barrier to data access.", "source": "Open Michigan; http://media.state.mi.us/MiTransparency \r\n\r\nState Budget Office, Transparency and Accountability http://media.state.mi.us/MiTransparency/Home/Appropriation \r\n\r\nWebsites accessed July 2015." } ], "number": 7.4, "name": "Can citizens access budget-related information? " }, { "questions": [ { "number": 139, "name": "In law, there is a state fiscal budget office mandated to provide fiscal notes and non-partisan analysis on the costs and benefits of every bill and budget proposal.", "criteria": "A YES score is earned if there is an independent fiscal budget office or equivalent whose primary mandate is to conduct non-partisan analysis of the costs and benefits of bills and budget proposals. \r\n\r\nA NO score is earned if no such law exists, or if it does, but the fiscal analysis function is a secondary concern of a larger body, such as the Governor's office.", "details": "", "answer": "YES", "explanation": "The Legislative Council Act of 1986 established nonpartisan, independent House and Senate Fiscal Agencies to analyze pieces of legislation and to determine the financial impact of each proposed measure. ", "source": "Legislative Council Act, 1986, Michigan Code Sections MCL 4.150 and 4.160\r\nhttp://www.legislature.mi.gov/(S(mpiikxw4wuf1skw2wp3m0e2m))/mileg.aspx?page=getobject&objectname=mcl-Act-268-of-1986&query=on\r\n " }, { "number": 140, "name": "In practice, the state fiscal budget office has sufficient capacity to provide quality analysis.", "criteria": "A 100 score is earned if the state budget fiscal analysis office has sufficient, qualified staff, and adequate resources to fulfill its budgetary duties without a backlog of work. It is consistently funded. \r\n\r\nA 50 score is earned if the state budget fiscal analysis office has limited resources, causing the volume of work to occasionally overwhelm staff and delay investigations and/or reports. Funding is consistent.\r\n\r\nA 0 score is earned if lack of resources regularly limits the office in its work. The office is not consistently funded and/or work is usually delayed.", "details": "", "answer": "100", "explanation": "Veteran state legislators say they have never witnessed any moments when the State Budget Office fell noticeably behind schedule or was unresponsive. In recent years, state budget directors have never expressed concerns that their agency was underfunded or understaffed.", "source": "State Sen. Jack Brandenburg, Senate Finance Committee chairman, former House Appropriations Committee member, phone interview, April 28, 2015 \r\n\r\nState Sen. Steve Bieda, phone interviews, March and April, 2015 \r\n\r\nState Budget Office website; http://www.michigan.gov/budget" } ], "number": 7.5, "name": "Does the state have a well-resourced fiscal budget office for the non-partisan analysis of budget proposals?" } ], "name": "State Budget Processes", "score": 88.9, "rank": 8 }, { "number": 8, "subcategories": [ { "questions": [ { "number": 141, "name": "In law, there is an independent redress mechanism for the state civil service.", "criteria": "A YES score is earned if the law defines an independent, administrative redress mechanism for state civil servants.\r\n\r\nA MODERATE score is earned if the law defines the courts as the redress mechanism.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The Michigan Civil Service Commission handles grievances which are brought forward by civil servants or applicants for a civil service job. The grievance process is established within the Civil Service rules, which carry the force of law. The Civil Service rules also offer whistleblower protections and they outline a process for employees to come forward with claims of rules violations by colleagues.\r\n\r\nThe Civil Service Commission is a bipartisan commission consisting of four non-salaried persons appointed by the governor to serve eight-year, staggered terms. \r\n\r\n The Civil Service Commission is empowered by the Michigan Constitution to: \r\n•classify all positions in the classified service according to their respective duties and responsibilities\r\n•fix rates of compensation for all classes of positions\r\n•approve or disapprove disbursements for all personal services.\r\n•Determine by competitive examination and performance exclusively on the basis of merit, efficiency and fitness the qualifications of all candidates for positions in the classified service\r\n•make rules and regulations covering all personnel transactions; and\r\n•regulate all conditions of employment in the classified service", "source": "Michigan Constitution, 1963, Article XI, Subsection 5 http://www.legislature.mi.gov/(S(e0r3fwdpwkpthu5ruhpdaao2))/mileg.aspx?page=getobject&objectname=mcl-Article-XI-5&query=on&highlight=Civil%20AND%20Service%20AND%20Commission \r\n\r\nMichigan Civil Service Rules, Sections 2-10 and 8-1 \r\nhttp://mi.gov/mdcs/0,4614,7-147-6877_8155---,00.html" }, { "number": 142, "name": "In law, state civil servants convicted of corruption are prohibited from future state government employment.", "criteria": "A YES score is earned if in law state civil servants are indefinitely prohibited from government employment following a corruption conviction. \r\n\r\nA MODERATE score is earned if there is a ban, but it is not indefinite.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "Sanctions are discretionary, depending on the severity of the offense. Civil Service Regulation 3.06 authorizes employment sanctions, including indefinite sanctions for an employee who is discharged, who was convicted of a crime, or for whom there is evidence of conduct indicating unsuitability for civil service employment. This implements Civil Service Rule 3-2.2, which authorizes the Civil Service Commission to remove persons from applicant pools.", "source": "Civil Service Rule 3-2.2\r\n\r\nCivil Service Regulation 3.06" } ], "number": 8.1, "name": "Are there regulations for the state civil service encompassing, at least, the managerial and professional staff?" }, { "questions": [ { "number": 143, "name": "In practice, the state civil service redress mechanism independently initiates investigations and imposes penalties on offenders.", "criteria": "A 100 score is earned if the entity independently initiates investigations and imposes sanctions when necessary. \r\n\r\nA 50 score is earned if the entity does not often initiate investigations or it fails to impose sanctions when necessary. \r\n\r\nA 0 score is earned if no such entity exists or it exists but rarely initiates investigations.", "details": "", "answer": "25", "explanation": "In practice, the Michigan Civil Service Commission typically responds to complaints rather than initiating investigations. The MCSC, which regulates conditions of employment, responds if an employee claims that he/she was treated unfairly or retaliated against. While sanctions against an individual supervisor or administrator are rare, the commission often remedies the harm imposed on the employee. A second entity, the State Ethics Board, operates in a similar manner, with a focus on potential violations of the state ethics law. \r\n\r\nA much more aggressive approach is taken by the state Attorney General's Office, which has a Public Integrity Unit that works with law enforcement to uncover and prosecute crimes involving public corruption at the state and local level. ", "source": "Michigan Civil Service Commission database https://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=dstars:dstars02 \r\n\r\nMichigan Attorney General's website; http://www.michigan.gov/ag/0,4534,7-164-58056---,00.html \r\n\r\nState Ethics Board website https://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=ethics:ethics02 \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12\r\n\r\nAll websites accessed April 2015" }, { "number": 144, "name": "In practice, state civil servants convicted of corruption are prohibited from future state government employment.", "criteria": "A 100 score is earned if state civil servants convicted of corruption are indefinitely excluded from government employment.\r\n\r\nA 50 score is earned if most state civil servants convicted of corruption are indefinitely excluded from government employment, but some exceptions have been documented.\r\n\r\nA 0 score is earned if state civil servants convicted of corruption usually accepted back into government employment.", "details": "", "answer": "0", "explanation": "Dozens of Civil Service decisions in recent decades have imposed sanctions on employees though, in practice, a lifetime ban is not imposed at the time of determination. It should be noted that the Civil Service Commission and the State Ethics Board have not handled any significant corruption cases in recent years.\r\n\r\nConvictions for ethical violations are rare, but they would lead to sanctions much like outside-of-work criminal convictions for drunken driving or assault bring, such as days or weeks of an unpaid suspension. Sanctions can be appealed to the Employment Relations Board, which operates within the Civil Service Commission agency. Banishment from state employment is not normally part of the protocol. \r\n\r\nIn July 2013, the Ethics Board found that a Michigan Department of Transportation employee had violated the State Ethics Act by informing a billboard company that it faced competition from another firm in its bid to put up a billboard on a small stretch of Michigan freeway. The board did not impose sanctions on the MDOT employee but instead instructed the department to engage in better training of workers that would educate them about not sharing confidential information with vendors. \r\n\r\nIn November 2013, the Ethics Board considered the case of two state employees with apparent conflicts of interest who allegedly tried to rig a statewide contract for legal transcription services. The board decided to dismiss the case and the workers faced no punishment.", "source": "Michigan Civil Service Commission database for cases of Melissa Staffeld and Linda Hills/Jennette Sawyer\r\nhttps://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=dstars:dstars02 \r\n\r\nMichigan Employment Relations Board website http://www.michigan.gov/mdcs/0,1607,7-147-6877_9083-17785--,00.html \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 " }, { "number": 145, "name": "In practice, state civil servants are hired and evaluated according to professional criteria.", "criteria": "A 100 is earned where state civil servants are hired and evaluated based on professional criteria, qualifications, and transparent benchmarks. \r\n\r\nA 50 is earned where hires and professional assessments are not always based on professional qualifications and benchmarks exist but are not transparent.\r\n\r\nA 0 is earned where hires and professional assessments are oftentimes based on political considerations instead of qualifications or benchmarks.", "details": "", "answer": "75", "explanation": "Civil servants are hired and evaluated in a universal process that is outlined in the Michigan Constitution and in Civil Service rules, which are posted online. The Michigan Civil Service Commission, operating as a quasi-judicial body, protects those who allege that appointments, promotions, reassignments or dismissals from classified positions were not based on the benchmarks of merit, efficiency and fitness. The commission also addresses complaints about the performance evaluation process for civil servants. In addition to grievance procedures afforded to those unionized employees who face discipline, the commission also routinely evaluates challenges to hiring decisions. Most of the cases heard by the commission relate to a workers' skills and experience. \r\n\r\nThe database of cases handled by a hearings officer, Employment Relations Board or Civil Service Commission shows that only about 30 cases since 1970 have raised nepotism, cronyism or patronage as a main issue or a side issue. None of those cases have arisen during the study period, which began in January 2013.\r\n\r\n---\r\nPeer Reviewer Comment:\r\nOne recent case in which a civil servant said he lost his job for reasons unrelated to professional criteria involved Stephen Marschke, who says he was ousted as head of internal affairs for the Michigan Department of Corrections for reporting problems and refusing to conduct a \"\"witch hunt\"\" for someone leaking to the news media.\r\n\r\nIn 2014, an Ingham County Circuit Court judge granted Marschke a new civil service grievance hearing after evidence emerged showing a top Corrections Department official may have committed perjury at his first hearing.", "source": "Civil Service Commission database https://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=dstars:dstars02\r\n\r\nNick Ciaramitaro, former state representatives, Michigan legislative director, American Federation of State, County and Municipal Employees union, phone interview, June 29, 2015 \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n\r\n---\r\nPeer Reviewer Source:\r\n\"New hearing today in prison whistle-blower case,\"\" Detroit Free Press, June 15, 2015; http://www.freep.com/story/news/politics/2015/06/09/new-hearing-prison-official-whistle-blower-case/28765643/" }, { "number": 146, "name": "In practice, state civil servants are protected from political interference.", "criteria": "A 100 score is earned if state civil servants operate with independence from any branch of the state government, making decisions without fear or favor.\r\n\r\nA 50 score is earned if they are occasionally restricted, or occasionally make decisions based on fear or favor (e.g. public criticism or praise by state officials).\r\n\r\nA 0 score is earned if state civil servants' independence is regularly restricted, and decisions are frequently made based on fear or favor.", "details": "", "answer": "100", "explanation": "Though it is difficult to quantify this empirically, the Governor's Office and legislators, in practice, do not attempt to supersede a department head or a civil servant's supervisor. Civil Service rules prohibit partisan considerations in employment decisions and in recent years there have been no findings by the Civil Service Commission of political interference by employees' superiors.\r\n\r\nHowever, a prominent state employees' union official, Nick Ciaramitaro, who played a key role as a state House member in the 1970s writing public sector labor laws, said some department heads have intimidated employees from time to time. According to Ciaramitaro, some workers feel a \"chilling effect\" imposed by their department head when they express opinions on policy to legislators, either in their role as an employee or simply as a citizen.", "source": "John Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n\r\nCivil Service Commission database https://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=dstars:dstars02 \r\n\r\nNick Ciaramitaro, former state representatives, Michigan legislative director, American Federation of State, County and Municipal Employees union, phone interview, June 29, 2015 " }, { "number": 147, "name": "In practice, state civil servants' bonuses constitute only a small fraction of total pay.", "criteria": "A 100 score is earned if state civil servants' bonuses constitute no more than 5% of total take-home pay.\r\n\r\nA 50 score is earned if bonuses are no more than 5% of total take-home pay but exceptions apply. A 50 score is also earned if the percentage is 10% of total take-home pay.\r\n\r\nA 0 score is earned if bonuses represent a significant amount of total take-home pay (15% or more).", "details": "", "answer": "75", "explanation": "Civil Service rules and regulations allow for performance-pay bonuses. These bonuses are available to nearly 2,000 of the state's 47,000 classified employees. The bonuses generally are capped at 5 percent of base salary, though special approval by the state personnel director -- the Civil Service Commission director -- allows for awards of up to 10 percent. Since October 2013, eight bonuses exceeding 5 percent have been awarded. According to John Gnodtke, general counsel for the commission, the bonus amounts are not made public.", "source": "John Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12\r\n\r\nMichigan Civil Service Rules, Rules 5-6.12, 5-6.13 and 5-6.14\r\nhttp://mi.gov/mdcs/0,4614,7-147-6877_8155---,00.html \r\n\r\nNick Ciaramitaro, former state representatives, Michigan legislative director,\r\nAmerican Federation of State, County and Municipal Employees union, phone interview, June 29, 2015 " }, { "number": 148, "name": "In practice, the government publishes state civil service job descriptions and the number of positions (authorized and actually filled).", "criteria": "A 100 score is earned if the government publishes job descriptions and the number of both authorized and filled positions at least yearly. \r\n\r\nA 50 score is earned if the government publishes the job descriptions or the authorized and filled positions, but not both. A 50 score is also earned if all the information is published only once every two years.\r\n\r\nA 0 score is earned if the government does not publish the information.", "details": "", "answer": "100", "explanation": "Job descriptions and specifications are routinely published online by the Civil Service Commission for all classifications, and quarterly workforce reports online provide information on jobs filled and positions authorized for each department and agency. The state Legislature provides online appropriations for each agency for each fiscal year, including personnel costs for full-time equivalent positions. In addition, job postings are available online and that list is updated daily or bi-weekly. ", "source": "Michigan Civil Service Job Descriptions\r\nhttps://civilservice.state.mi.us/MCSCJobSpecifications/JobSpecMain.aspx \r\n\r\nMichigan Civil Service Workforce Reports\r\nhttp://mi.gov/mdcs/0,1607,7-147-6879_9329_48076---,00.html \r\n\r\nMichigan Legislature Appropriations\r\nhttp://legislature.mi.gov/mileg.aspx?page= \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12\r\nMichigan state job postings http://agency.governmentjobs.com/michigan/default.cfm" } ], "number": 8.2, "name": "Is the law governing the administration and civil service effective?" }, { "questions": [ { "number": 149, "name": "In law, senior members of the state civil service are required to file an asset disclosure form.", "criteria": "A YES score is earned if the law requires all senior members of the state civil service and their immediate family to file an asset disclosure form, and the disclosures are publicly available. \r\n\r\nA MODERATE score is earned if the law requires all senior members of the state civil service to file an asset disclosure form while in office, but not their family.\r\n\r\nA NO score is earned if no such law exists, or it exists but the disclosure forms are not available to the public.", "details": "", "answer": "NO", "explanation": "No such law exists\r\n\r\nCivil Service rules require employees to file documentation yearly that describes any conflicts of interest they may encounter on the job. But those rules do not apply to the top five officials in each department. In addition, those conflict disclosure forms, which do not detail the employee's assets, are not readily available to the public. ", "source": "No such law exists" }, { "number": 150, "name": "In law, senior civil servants' asset disclosure forms are regularly audited.", "criteria": "A YES score is earned if senior civil servants' asset disclosures must be audited by an impartial third party. \r\n\r\nA MODERATE score is earned if independent auditing only occurs when financial irregularities are discovered or suspected or the law requires a compliance review.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists.", "source": "No such law exists" }, { "number": 151, "name": "In law, gifts and hospitality offered to state civil servants are regulated.", "criteria": "A YES score is earned if the law regulates gifts and hospitality offered to state civil servants and their immediate family. \r\n\r\nA MODERATE score is earned if the law regulates gifts for civil servants, but not their family. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "The general Civil Service rule is that no gifts or hospitality are allowed that could influence job performance and workplace decisions. But the rules also allow each agency to add a \"de minimis\" regulation to their workforce, which allows for gifts and hospitality of minimal amounts -- up to $20 for any single item and $80 for any combination of items during a 3-month period.\r\n\r\nOverall, the rules do not specify restrictions on gifts or hospitality to the worker's immediate family, which is defined as \"an employee’s grandparent, parent, parent-in-law, stepparent, sibling, spouse, child, or stepchild.\" The State Ethics Act also bars civil servants from accepting any type of largesse that could influence their duties.", "source": "Michigan Civil Service Rules, Rules 2-8.2(a)(2) and (3), plus 2-8.7(b) http://mi.gov/mdcs/0,4614,7-147-6877_8155---,00.html State Ethics Act, 1973, Compiled Michigan Code 15.342(4) http://www.michigan.gov/mdcs/0,1607,7-147-6881_13592-26139--,00.html" }, { "number": 152, "name": "In law, nepotism (favorable treatment of family members), cronyism (favorable treatment of friends and colleagues), and patronage (favorable treatment of those who reward their superiors) are prohibited within the state civil service.", "criteria": "A YES score is earned if the law prohibits nepotism, cronyism, and patronage within the state civil service. The law includes safeguards against arbitrary disciplinary actions, dismissal, promotion, and demotions.\r\n\r\nA MODERATE score is earned if the law prohibits one of the three practices, but not all three.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "Civil servants are hired and evaluated in a universal process that is outlined in the Michigan Constitution and in Civil Service rules. The constitution and the rules require that all appointments, promotions, reassignments and dismissals from classified positions be based on merit, efficiency and fitness. The rules also outline the performance evaluation process for civil servants.\r\n\r\nIn addition to grievance procedures afforded to those who face discipline, a Civil Service rule allows for challenges to hiring decisions. However, the top five officials in each department are political appointees -- at-will employees -- who do not have the protection of Civil Service rules (with the force of law) regarding nepotism, cronyism or patronage. \r\n\r\nIn addition, all of the employees in the Legislature, the judiciary and the Governor's Office are appointees without any protections against questionable hirings and firings.", "source": "Civil Service Rules, Rules 1-6 and 2-3; http://mi.gov/mdcs/0,4614,7-147-6877_8155---,00.html \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 " }, { "number": 153, "name": "In law, there are restrictions for state civil servants entering the private sector after leaving the government.", "criteria": "A YES score is earned if the law mandates cooling-off periods for state civil servants taking positions in the private sector after leaving government. These apply if the private sector positions present a conflict of interest, such as seeking to influence their former colleagues.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 154, "name": "In law, state civil servants must recuse themselves from actions in which they may have a conflict of interest.", "criteria": "A YES score is earned if the law requires state civil servants to recuse themselves from any action that could confer a financial benefit to them or their immediate family.\r\n\r\nA MODERATE score is earned if there is a law, but it does not define the recusal mechanism.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "Civil Service rules, which carry the force of law, require civil servants to recuse themselves from matters where they or their immediate family have a personal or financial interest. The conflicts must be reported to the employee's supervisor, and that authority figure can take actions, such as moving the employee to a new position, to prevent conflicts. The Civil Service rules state that civil servants may not \"exercise any decision-making authority of the state regarding any state regulation, enforcement, auditing, licensing, or purchasing with respect to any business or entity in which the employee or a member of the employee’s immediate family has any financial interest.\" Immediate family is defined by Civil Service as \"an employee’s grandparent, parent, parent-in-law, stepparent, sibling, spouse, child, or stepchild.\"\r\n\r\n---\r\nPeer Reviewer: Agree", "source": "Michigan Civil Service Rules, Rules 2.82(6) and 2.82 (12) http://mi.gov/mdcs/0,4614,7-147-6877_8155---,00.html \r\n\r\n---\r\nPeer Reviwer Sources:\r\nState of Michigan Ethics Act http://www.michigan.gov/mdcs/0,1607,7-147-6881_13592-26139--,00.html" } ], "number": 8.3, "name": "Are there regulations addressing conflicts of interest for civil servants?" }, { "questions": [ { "number": 155, "name": "In practice, senior civil servants' asset disclosures are independently audited.", "criteria": "A 100 score is earned if senior civil servant asset disclosures are audited yearly by an impartial third party. \r\n\r\nA 50 score is earned if asset disclosures are not always independently audited, or they are, but audits may fail to identify problems in the information.\r\n\r\nA 0 score is earned if executive branch asset disclosures are not independently audited, or they generally fail to identify problems in the information.", "details": "", "answer": "0", "explanation": "The Office of Auditor General has requested access to conflict-of-interest statements -- for the small number of civil servants who must file annual reports -- when performing audits of agencies. But it's unclear how often those requests are granted. What's more, those mandated annual disclosure forms do not include a detailed list of assets, such as stocks, bonds and business interests.", "source": "John Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n\r\nMichigan Civil Service Rules, Rule 2-8 http://mi.gov/mdcs/0,4614,7-147-6877_8155---,00.html \r\n\r\nMichael Hodge, former assistant attorney general, outside counsel for Civil Service Commission, attorney specializing in state government and election law, phone interview, May 8, 2015" }, { "number": 156, "name": "In practice, state civil servants adhere to the law governing gifts and hospitality.", "criteria": "A 100 score is earned if there are no documented cases of state civil servants and/or family members accepting gifts or hospitality above what is legally allowed.\r\n\r\nA 50 score is earned if there occasionally are documented cases of civil servants and/or family members accepting gifts and hospitality above what is legally allowed.\r\n\r\nA 0 score is earned if civil servants routinely accept gifts and hospitality above what is legally allowed.", "details": "", "answer": "75", "explanation": "Michigan does not have a gift registry where civil servants report gifts received. Until recently, the Civil Service Commission had received no cases in recent years in which it was alleged that the rules regarding gifts and hospitality were violated. An official in the Department of Corrections was recently found to have violated the state Ethics Act by accepting gifts, primarily free food and meals, from a prison vendor in 2014.", "source": "John Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n\r\nMichael Hodge, former assistant attorney general, outside counsel for Civil Service Commission, attorney specializing in state government and election law, phone interview, May 8, 2015 \r\n\r\nCivil Service Commission database https://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=dstars:dstars02 \r\n\r\n---\r\nPeer Reviewer Source:\r\nState panel: Prison store supervisor violated ethics law,\"\" Detroit Free Press, June 4, 2015; http://www.freep.com/story/news/local/michigan/2015/06/04/union-ethics-complaint-free-goods-prison-store/28463835/" }, { "number": 157, "name": "In practice, state civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.", "criteria": "A 100 score is earned if there are no documented cases of nepotism, cronyism, and patronage within the civil service. Hirings, firings, and promotions are based on merit and performance.\r\n\r\nA 50 score is earned if occasionally there are documented cases of nepotism, cronyism, and patronage. Political leaders or senior officials sometimes appoint family member or friends to favorable positions, or lend other favorable treatment.\r\n\r\nA 0 score is earned if there are frequent documented cases of nepotism, cronyism, and patronage occurring in hirings, firings, and promotions.", "details": "", "answer": "75", "explanation": "The database of cases handled by a hearings officer, Employment Relations Board or Civil Service Commission shows that only about 30 cases since 1970 have raised nepotism, cronyism or patronage as a main issue or a side issue. It's also important to note that the top five officials in each department are political appointees -- at-will employees -- who do not have the protection of Civil Service rules (with the force of law) regarding nepotism, cronyism or patronage. In addition, all of the employees in the Legislature, the judiciary and the Governor's Office are appointees without any protections against questionable hirings and firings. None of the above-mentioned nepotism/cronyism cases are from the period of study, which began on Jan. 1, 2013.", "source": "Civil Service Commission database https://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=dstars:dstars02 \r\n\r\nNick Ciaramitaro, former state representatives, Michigan legislative director, American Federation of State, County and Municipal Employees union, phone interview, June 29, 2015\r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 " }, { "number": 158, "name": "In practice, state civil servants recuse themselves from actions in which they may have a conflict of interest.", "criteria": "A 100 score is earned if state civil servants regularly recuse themselves from any action that could confer a financial benefit on them or their immediate family.\r\n\r\nA 50 score is earned if civil servants occasionally do not recuse themselves from actions that could confer a financial benefit on them or their family. There are a few documented cases of non-recusal and conflict of interest rules not being observed. \r\n\r\nA 0 score is earned if civil servants never or rarely recuse themselves.", "details": "", "answer": "25", "explanation": "While civil servants are required by Civil Service rules to recuse themselves in instances of conflicts, there are no statistics available tracking recusals. Civil service employees are required by rule to notify their department of conflicts. In reality, the lack of disclosure about personal finances makes it easy for classified employees to skirt the recusal rule. Meanwhile, the Civil Service Commission rarely hears complaints from civil servants about colleagues flaunting the recusal rule. No such cases have arisen in recent years.", "source": "John Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n\r\nNick Ciaramitaro, former state representatives, Michigan legislative director, American Federation of State, County and Municipal \r\n\r\nEmployees union, phone interview, June 29, 2015\r\nCivil Service Commission database https://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=dstars:dstars02" }, { "number": 159, "name": "In practice, state civil servants adhere to the law governing private sector employment after leaving the civil service.", "criteria": "A 100 score is earned if there are no documented cases of state civil servants taking jobs in the private sector that entail directly lobbying or seeking to influence their former government colleagues, without an adequate cooling-off period.\r\n\r\nA 50 score is earned if there are occasional instances of civil servants taking jobs without observing an adequate cooling-off period.\r\n\r\nA 0 score is earned if no cooling-off periods exist or they are routinely ignored.", "details": "", "answer": "NO", "explanation": "No such law exists.", "source": "No such law exists." } ], "number": 8.4, "name": "Are the regulations addressing conflicts of interest for civil servants effective?" }, { "questions": [ { "number": 160, "name": "In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if records are available online at no cost, or can be obtained within a week electronically for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain records, requesters are required to visit an office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain records, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "25", "explanation": "The minimal conflict-of-interest documents filed by high-ranking civil servants do not disclose personal assets and they are not available to the public except by filing a Freedom Of Information Act request. ", "source": "John Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\nMichigan Press Association – Legal Counsel Robin Luce-Hermann, Feb. 23, 2015, phone interview\r\nWayne State University – Jack Lessenberry, head of Journalism Dept., Feb. 23-24, 2015, phone interview" }, { "number": 161, "name": "In practice, the asset disclosure records of senior civil servants are complete and detailed.", "criteria": "A 100 score is earned if asset disclosures of senior civil servants and their families provide complete, detailed information, itemizing all significant sources of income. Records are available in standardized, comparable formats.\r\n\r\nA 50 score is earned where the asset disclosure contain some useful information, but lack important details or do not include family members' assets. \r\n\r\nA 0 score is earned where the asset disclosure do not provide a clear accounting of the individuals' sources of income. A 0 score is also earned if asset disclosures are not publicly available.", "details": "", "answer": "0", "explanation": "The minimal disclosure records by civil servants do not contain itemized details about stocks, bonds, outside incomes or business interests. Civil Service rules mandate disclosure of assets held by a senior employee's immediate family, defined as \"an employee’s grandparent, parent, parent-in-law, stepparent, sibling, spouse, child, or stepchild.\" \r\n\r\nBut the Civil Service Commission has no definition of a senior civil servant and the rules are not strongly enforced. As a result, the public cannot determine if high-ranking civil servants are influenced by outside forces or if they have significant conflicts of interest.", "source": "John Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n\r\nJeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015\r\n\r\nMichael Hodge, former assistant attorney general, outside counsel for Civil Service Commission, attorney specializing in state government and election law, phone interview, May 8, 2015" }, { "number": 162, "name": "In practice, asset disclosure records of senior civil servants are accessible to the public in open data format.", "criteria": "A 100 score is earned if the asset disclosure records of senior civil servants are made available online and can be easily accessed, downloaded in bulk, and in machine-readable format.\r\n\r\nA 50 score is earned if such information cannot be easily accessed and/or downloaded in bulk, but it can be downloaded in machine-readable format. \r\n\r\nA 0 score is earned if the asset disclosures are not available online or they are but cannot be downloaded.", "details": "", "answer": "0", "explanation": "The conflict-of-interest records are minimal and they are not offered online. These documents are available only through the Freedom of Information Act.", "source": "Michael Hodge, former assistant attorney general, outside counsel for Civil Service Commission, attorney specializing in state government and election law, phone interview, May 8, 2015 \r\n \r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n \r\nSunlight Foundation; http://sunlightfoundation.com/policy/documents/ten-open-data-principles/" } ], "number": 8.5, "name": "Can citizens access the asset disclosure records of senior state civil servants?" }, { "questions": [ { "number": 163, "name": "In law, civil servants are protected from recrimination when reporting cases of corruption, graft, or abuse of power.", "criteria": "A YES score is earned if the law protects public sector whistleblowers from recrimination. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The Civil Service rules and the State Ethics Act protect employees who engage in a whistleblower role. ", "source": "Civil Service Rules, Section 2-10; http://mi.gov/mdcs/0,4614,7-147-6877_8155---,00.html \r\n\r\nState Ethics Act, 1973, Michigan Compiled Code, Section MCL 15.342(b) http://www.michigan.gov/mdcs/0,1607,7-147-6881_13592-26139--,00.html" }, { "number": 164, "name": "In practice, civil servants are protected from recrimination when reporting cases of corruption, graft, or abuse of power.", "criteria": "A 100 score is earned if there are no documented cases of public sector whistleblowers enduring recrimination after reporting a case of corruption. There is a robust mechanism to protect the identity of whistleblowers.\r\n\r\nA 50 score is earned if there have been two or less documented cases of whistleblowers enduring recrimination after reporting a case of corruption.\r\n\r\nA 0 score is earned if there have been more than five documented cases of whistleblowers enduring recrimination after reporting a case of corruption. Public sector whistleblowers often times face substantial negative consequences, such as losing a job, being relocated to a less prominent position, or some other form of harassment.", "details": "", "answer": "75", "explanation": "A prominent state employees' union official, Nick Ciaramitaro, who played a key role as a state House member in the 1970s writing the Whistleblower Protection Act, said the law has essentially worked as anticipated throughout the years. The Civil Service Commission has handled just one case in recent years in which it was alleged that recrimination of any kind was brought against an employee acting in a whistleblower role to report corruption, graft or abuse of power. The grievant, Rudy Redmond, was laterally transferred within the state Workforce Development Agency when he raised questions about the agency's use of a federal grant. Claiming whistleblower protection as outlined in law, Redmond claimed that his supervisor made the move in a retaliatory manner. The Civil Service Commission dismissed the complaint two months later on procedural grounds in June 2014.", "source": "Civil Service Commission database, case of Rudy Redmond https://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=dstars:dstars02 \r\n\r\nNick Ciaramitaro, former state representatives, Michigan legislative director, American Federation of State, County and Municipal Employees, phone interview, June 29, 2015\r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n\r\n---\r\nPeer Reviewer Source:\r\nThe Marschke whistle-blower case at the Department of Corrections.\r\n\"http://www.freep.com/story/news/politics/2015/06/09/new-hearing-prison-official-whistle-blower-case/28765643/" } ], "number": 8.6, "name": "Is there protection for civil servants to report corruption ?" }, { "questions": [ { "number": 165, "name": "In law, civil servants are required to report cases of alleged corruption through an internal mechanism.", "criteria": "A YES score is earned if the laws require civil servants to report any cases of alleged corruption they are aware of and define a reporting mechanism.\r\n\r\nA MODERATE score is earned if the laws require civil servants to report any cases of alleged corruption they are aware of, but it does not define a reporting mechanism. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "Civil Service rules, which carry the force of law, require civil servants to come forward and report alleged corruption or unethical conduct by colleagues. These whistleblowers must report their concerns to their work supervisor. If the supervisor is the person accused of misconduct, the employee/whistleblower can go up the chain of command to the supervisor's superior.", "source": "Civil Service Rules, Section 2-8.6; http://mi.gov/mdcs/0,4614,7-147-6877_8155---,00.html" }, { "number": 166, "name": "In practice, the internal reporting mechanism for public sector corruption has sufficient staff and resources to conduct its work.", "criteria": "A 100 score is earned if the entity has sufficient, qualified staff, and adequate resources to fulfill its oversight duties without a backlog of work. It is consistently funded. \r\n\r\nA 50 score is earned if the entity has limited resources, causing the volume of work to occasionally overwhelm staff and delay investigations and/or reports. Funding is consistent. \r\n\r\nA 0 score is earned if the lack of resources regularly limits the entity in exercising oversight. The entity is not consistently funded and/or work is usually delayed.", "details": "", "answer": "100", "explanation": "The Michigan Constitution guarantees the Michigan Civil Service Commission appropriations of at least 1 percent of the total state payroll to fulfill its duties. The commission’s budget for the current fiscal year is $69.1 million, which is $15 million above the 1 percent guaranteed minimum. Officials say Civil Service is consistently and adequately funded. The funding is used to staff the grievance and complaint processes and state ethics board. The Attorney General's Public Integrity Division is separately funded to investigate ethical violations and public corruption.\r\n\r\nThe staffing levels are not an issue at the Civil Service Commission, the AG's office or the Ethics Board.", "source": "John Truscott, press secretary to former governor John Engler, CEO and founder of Truscott-Rossman PR and lobbying firm, Lansing, phone interview, April 13, 2015 \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n\r\nMichigan Civil Service Workforce Reports\r\nhttp://mi.gov/mdcs/0,1607,7-147-6879_9329_48076---,00.html \r\n\r\nNick Ciaramitaro, former state representatives, Michigan legislative director, American Federation of State, County and Municipal Employees union, phone interview, June 29, 2015 \r\n\r\n " }, { "number": 167, "name": "In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.", "criteria": "A 100 score is earned if the mechanism acts on complaints within 20 working days. Complaints are acknowledged promptly and investigations into serious abuses move steadily towards resolution. \r\n\r\nA 50 score is earned if the mechanism acts on complaints between 20 and 60 working days. Some complaints may not be acknowledged. \r\n\r\nA 0 score is earned if the mechanism is unresponsive and complaints are often not acknowledged. Serious abuses are not investigated or take more than 60 working days to be acted on.", "details": "", "answer": "100", "explanation": "Action on grievances and complaints to the Civil Service Commission or the State Ethics Board begins within one business week. This includes notification of the department whose employees are charged with inappropriate behavior. Due process requirements (responses, hearings, appeals, etc.) typically require more than 60 days for final resolution of complaints. In 2014, one case that falls into the category of corruption was handled by the commission and completed in two months. The State Ethics Board also handled one corruption case and it was completed in six months.\r\n\r\nThe Public Integrity Division, overseen by the state's top prosecutor, the attorney general, operates at a much different level. They act upon information slowly uncovered by local police officers and the ensuing law enforcement investigations can last for months.", "source": "John Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 , 2015 \r\n\r\nMichael Hodge, former assistant attorney general, outside counsel for Civil Service Commission, attorney specializing in state government and election law, phone interview, May 8, 2015 \r\n\r\nMichigan Civil Service Commission database, for the cases of Rudy Redmond and Linda Hills/Jennette Sawyer https://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=dstars:dstars02 " }, { "number": 168, "name": "In practice, the internal reporting mechanism for public sector corruption independently initiates investigations and imposes penalties on offenders.", "criteria": "A 100 score is earned if the entity independently initiates investigations and imposes sanctions when necessary. \r\n\r\nA 50 score is earned if the entity does not often initiate investigations or it fails to impose sanctions when necessary. \r\n\r\nA 0 score is earned if no such entity exists or it exists but rarely initiates investigations.", "details": "", "answer": "50", "explanation": "The Michigan Civil Service Commission typically responds to complaints rather than initiating investigations. A second entity, the State Ethics Board, operates in a similar manner, with an emphasis on potential violations of the state ethics law.\r\n\r\nIn 2014, all of the cases handled by the Civil Service Commission and Ethics Board were in response to complaints filed. Those Civil Service and Ethics Board cases in 2014 did not involve sanctions, other than upholding or rejecting disciplinary decisions by department supervisors. \r\n\r\nThe state Attorney General's Office's Public Integrity Unit is the one agency that initiates investigations and pursues criminal prosecutions when warranted. The Public Integrity Unit works with law enforcement to uncover and prosecute crimes involving public corruption at the state and local level.\r\n\r\nIn the spring of 2013, the Public Integrity Unit secured racketeering and tax fraud convictions in circuit court against two former Michigan State Police lieutenants who engaged in a scheme to embezzle property and money seized from drug-crime suspects. A few months earlier, the Integrity Unit wrapped up a case of felony embezzlement charges against a Department of Human Services employee who used \"procurement cards,\" distributed to make payment on authorized state expenses, for personal benefit.", "source": "Michigan Civil Service Commission database, case of Rudy Redmond \r\nhttps://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=dstars:dstars02 \r\n\r\nNick Ciaramitaro, former state representatives, Michigan legislative director, American Federation of State, County and Municipal Employees union, phone interview, June 29, 2015 \r\n\r\nMichigan Attorney General's Public Integrity Unit website, for cases of Michelle Metzmaker and Michael LaBeau/Emmanuel Riopelle \r\nhttp://www.michigan.gov/ag/0,4534,7-164-58056---,00.html \r\n\r\nState Ethics Board website, case of Edna Zaid \r\nhttps://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=ethics:ethics02 \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12" } ], "number": 8.7, "name": "Is the internal mechanism through which civil servants can report corruption effective?" } ], "name": "State Civil Service Management", "score": 55.6, "rank": 37 }, { "number": 9, "subcategories": [ { "questions": [ { "number": 169, "name": "In law, public procurement officials must recuse themselves from cases in which they may have a conflict of interest.", "criteria": "A YES score is earned if the law requires public procurement officials to recuse themselves from any case that could confer a financial benefit on them or their immediate family. \r\n\r\nA MODERATE score is earned if there is a law, but it does not define the recusal mechanism.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The Conflicts of Interest Act of 1968 states that a public official must abstain from decisions where there is a conflict, but the conflict \"must be of such substance as to induce action on his or her part to promote the contract for his or her own personal benefit.\" \r\nThe State Ethics Act of 1973 is also rather nonspecific, stating that “a public officer or employee shall not participate in the negotiation or execution of contracts …relating to a business entity in which the public officer or employee has a financial or personal interest.”", "source": "Conflicts of Interest Act 1968 Michigan Compiled Code Section 15.304 http://www.legislature.mi.gov/(S(arghv2ax5lcppe4o2smrfdoc))/mileg.aspx?page=getObject&objectName=mcl-15-304 \r\n\r\nState Ethics Act 1973, Michigan Compiled Code Section 15.342(a)(4) http://www.michigan.gov/mdcs/0,1607,7-147-6881_13592-26139--,00.html" }, { "number": 170, "name": "In law, there is mandatory professional training for public procurement officials.", "criteria": "A YES score is earned if in law, public procurement officials (exclusively or as part of general civil service laws) must receive regular, mandatory training to ensure professional standards in supervising the tendering process.\r\n\r\nA MODERATE score is earned if the law mandates some mandatory training, but not on a regular basis.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law esists" }, { "number": 171, "name": "In practice, public procurement officials recuse themselves from cases in which they may have a conflict of interest.", "criteria": "A 100 score is earned if procurement officials regularly recuse themselves from any action that could confer a financial benefit on them or their immediate family. \r\n\r\nA 50 score is earned if procurement officials occasionally do not recuse themselves from actions that could confer a financial benefit on them or their family. \r\n\r\nA 0 score is earned if procurement officials never or rarely recuse themselves.", "details": "", "answer": "25", "explanation": "Under state budget department rules, procurement professionals and anyone participating in a Joint Evaluation Committee on a purchase signs a conflict of interest form. If there is a conflict of interest, procurement professionals are supposed to remove themselves from the evaluation process.\r\n\r\nThe awarding of state grants and tax credits to business owners also requires recusals if officials have a conflict of interest, which is supposed to be revealed during a “due diligence” process. \r\n\r\nHowever, because of limited transparency, it's unclear how often recusals occur for the procurement of goods and services. Without mandatory disclosure of assets, the system essentially requires self-policing by procurement officers. \r\nIn July 2013, the Ethics Board found that a Michigan Department of Transportation procurement employee had violated the State Ethics Act by informing a billboard company that it faced competition from another firm in its bid to put up a billboard on a small stretch of Michigan freeway. The board did not impose sanctions on the MDOT employee but instead instructed the department to engage in better training of workers that would educate them about not sharing confidential information with vendors.\r\n\r\nIn November 2013, the Ethics Board considered the case of two state employees with apparent conflicts of interest who allegedly tried to rig a statewide contract for legal transcription services. The board decided to dismiss the case and the procurement workers faced no punishment. The state's definition of a conflict of interest includes potential benefits to the employee and the employee's immediate family, which is defined as a \"grandparent, parent, parent-in-law, stepparent, sibling, spouse, child, or stepchild.\"", "source": "Caleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, April 21-26, 2015 \r\n\r\nNick Ciaramitaro, former state representatives, Michigan legislative director, American Federation of State, County and Municipal Employees union, phone interview, June 29, 2015 \r\n\r\nMichael Shore, communications director, Michigan Economic Development Corporation, email conversations, June 26, 2015" }, { "number": 172, "name": "In law, major procurements require competitive bidding.", "criteria": "A YES score is earned if all major procurements require competitive bidding.\r\n\r\nA NO score is earned if no such law exists or it exists, but allows discretionary exceptions.", "details": "", "answer": "YES", "explanation": "State law only requires that a state agency \"shall solicit competitive bids from the private sector whenever practicable to efficiently and effectively meet the state's needs.\" In addition, the Management and Budget Act of 1984 provides several exceptions to the competitive bidding process. Most of those refer to instances involving a state of emergency or the need to provide \"imminent protection of public health or safety.\" Another exceptions says: \"The department may limit a solicitation to prequalified vendors to meet statutory or licensing requirements applying to the solicitation or when the time necessary to verify vendor qualifications would jeopardize timely award of contracts.\"", "source": "The Management and Budget Act of 1984" }, { "number": 173, "name": "In law, the extent of \"sole sourcing\" is clearly limited.", "criteria": "A YES score is earned if \"sole sourcing\" is limited to specific, defined conditions.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 174, "name": "In law, unsuccessful bidders can initiate an official review of procurement decisions.", "criteria": "A YES score is earned if the law defines an administrative appeals process for unsuccessful bidders. Bidders do not need to go through the court system to appeal.\r\n\r\nA MODERATE score is earned if, in law, appeals must be resolved through the court system.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "No such law exists, but there is a policy. This policy describes the process. \r\n\r\n---\r\nPeer Reviewer: Agree\r\nAlthough it is not provided for in law, the Michigan Department of Technology, Management and Budget provides for unsuccessful bidders to make an administrative appeal to the Chief Procurement Officer as a matter of policy. The details are set out at the link below.", "source": "No such law exists, there is however a policy:\r\nBudget Department, Transparency and Accountability http://media.state.mi.us/MiTransparency/Vendor \r\naccessed July 2015. \r\n\r\n---\r\nPeer Reviewer Sources: \r\nMichigan Department of Technology, Managment and Budget, June 2015 \r\nhttp://michigan.gov/micontractconnect/0,4541,7-225-48677-20046--,00.html" }, { "number": 175, "name": "In law, companies guilty of major procurement violations (i.e. bribery) are prohibited from participating in future bids.", "criteria": "A YES score is earned if the law mandates formal procurement blacklists designed to prevent convicted companies from doing business with the state government. \r\n\r\nA MODERATE score is earned if the law requires companies convicted of procurement violations to be barred, but there is no requirement that offenders be placed on a formal procurement blacklist, or vice versa.\r\n \r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "Executive Order 20013-1 issued by then-governor Jennifer Granholm in January 2003, which carries the force of law, stated that vendors can be barred from seeking state contracts or other business with the state if the owner of the company has \"been convicted of any offense which negatively reflects on the vendor's business integrity, including but not limited to embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, state or federal antitrust statutes.\" However, debarment is discretionary, and a blacklist is not necessarily created in law.\r\n\r\nHowever, the blacklisting of these vendors lasts for a maximum of eight years.", "source": "Michigan Executive Order 2003-1 http://www.michigan.gov/formergovernors/0,4584,7-212-57648_21975-58719--,00.html" }, { "number": 176, "name": "In practice, companies guilty of major procurement violations (i.e. bribery) are prohibited from participating in future bids.", "criteria": "A 100 score is earned if all companies convicted of procurement violations are blacklisted and are not allowed to participate in procurement bids. \r\n\r\nA 50 score is earned if all companies convicted of procurement violations are usually blacklisted, but documented cases show some exceptions exist.\r\n\r\nA 0 score is earned if there is no blacklist or there is, but in practice convicted companies continue to participate in procurement bids.", "details": "", "answer": "50", "explanation": "A governor's executive order of 2003 leaves some leeway by stating that the procurement agency \"may\" debar vendors found to engage in unethical or corrupt practices from being considered on future bids. In addition, state records indicate that debarment is rare. While vendors found in violation are banned for a maximum of eight years, there are no vendors currently on the debarment list. \r\n\r\nAt the Michigan Economic Development Corporation, a quasi-government agency that hands out grants, loans and tax credits to businesses, officials say they have an effective disclosure process that requires a potential recipient to outline in legal documents any company officials with a criminal past, including bribery related to the procurement process. However, the MEDC does not have a debarment list that is available publicly. \r\n\r\nIn April 2014, critics loudly complained that Gov. Rick Snyder's administration had extended special treatment to Snyder's cousin's furniture company by doubling its state contract to $41 million. An email surfaced demonstrating that George Snyder had asked a top gubernatorial aide for protection from budget cuts for state furniture expenses. \r\n\r\nNovember 2013, the Ethics Board considered the case of two state employees with apparent conflicts of interest who allegedly tried to rig a statewide contract for legal transcription services. The board decided to dismiss the case and the procurement workers faced no punishment. The two companies that jointly gained the contract faced no scrutiny or sanctions. ", "source": "Caleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, April 21-26, 2015 \r\n\r\nMichael Shore, communications director, Michigan Economic Development Corporation, email conversations, June 26, 2015 \r\n\r\nLansing State Journal, April 10, 2014, \"State Office Renovation Contract Criticized Due to Link to Snyder's Cousin\" http://archive.lansingstatejournal.com/article/20140409/NEWS01/304090031/State-office-renovation-contract-criticized-because-link-Snyder-s-cousin" }, { "number": 177, "name": "In law, state service contractors must adhere to the same code of conduct (or equivalent) applicable to government employees.", "criteria": "A YES score is earned if in law, state service contractors must adhere to the same code of conduct (or equivalent) applicable to government employees, which regulates behavior, practice, and performance.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 178, "name": "In practice, state service contractors adhere to the same code of conduct (or equivalent) applicable to government employees.", "criteria": "A 100 score is earned if state service contractors adhere to the same code of conduct (or equivalent) applicable to government employees, and which regulates behavior, practice, and performance.\r\n\r\nA 50 score is earned if state service contractors adhere to the code of conduct (or equivalent), but documented evidence shows there are some exceptions.\r\n\r\nA 0 score is earned if state service contractors generally fail to adhere to the code of conduct (or equivalent) or the code does not exist.", "details": "", "answer": "0", "explanation": "An exemption in the State Ethics Act for contractors means that regulation of behavior and practices are not enforced for contractors. That 1973 law/loophole states that \"this act is intended as a code of ethics for public officers and employees and not as a rule of law for public contracts.\"\r\n\r\nThe state Budget Department, on its Contract Connect website for vendors, warns of the rules that employees must follow. The site notes that the Ethics Act prohibits employees and officers from accepting gifts, engaging in business transactions or negotiating contracts if there are conflicts of interest that would influence his or her duties. But the department makes no attempt to document behavior or practices by its chosen vendors. \r\n\r\nFor example, when the state Ethics Board ruled on June 4 that a relatively low-level state employee had violated the law, the contractor involved in the violation was never considered for punitive action. A prison store supervisor was found to have accepted thousands of dollars of food and coffee from a prison vendor for years. But Keefe Group, the vendor supplying the perks, was never investigated by the Ethics Board or the Corrections Department. \r\n\r\n\r\n---\r\nPeer Reviewer Comment:\r\nThe case of the state's prison food contractor, Aramark Correctional Services, shows that the state has attempted to hold the Aramark employees to the same standards as the state employees they replaced. There have even been suggestions the state has been harder on Aramark employees than they were on state employees. Well over 100 Aramark workers have been fired and banned from prison property for a variety of transgressions since the contract began in December 2013.", "source": "Lawrence Glazer, member, State Ethics Board, email conversation, March 17, 2015 \r\n\r\nCaleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, April 21-26, 2015 \r\n\r\nDetroit Free Press, June 5, 2015, \"Panel: Prison store boss' acts unethical\" http://www.freep.com/story/news/local/michigan/2015/06/04/union-ethics-complaint-free-goods-prison-store/28463835/\r\n\r\n---\r\nPeer Reviewer Source:\r\n\"Kitchen sex still an issue after one year of Aramark,\"Detroit Free Press, Dec. 14, 2014; http://www.freep.com/story/news/local/michigan/2014/12/14/aramark-prison-food-inmate-sex/20364467/" } ], "number": 9.1, "name": "Is the public procurement process effective?" }, { "questions": [ { "number": 179, "name": "In law, citizens can access all public procurement regulations.", "criteria": "A YES score is earned if a law explicitly requires all procurement laws and regulations be made publicly available.\r\n\r\nA MODERATE score is earned if a general law requires all laws and regulations to be made publicly available, not specifically referring to procurement laws and regulations but not excluding them either.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "No such law exists that specifically requires public access to these regulations. However, they can be accessed under a general FOIA request", "source": "Freedom Of Information Act, 1976; Michigan Code Sections 15.231 to 15.246 \r\nhttp://www.legislature.mi.gov/(S(lopsawqw4ogl1dev34disgin))/mileg.aspx?page=GetObject&objectname=mcl-Act-442-of-1976" }, { "number": 180, "name": "In law, the state government is required to publicly announce the results of procurement decisions.", "criteria": "A YES score is earned if the government is legally required to proactively publish the results of procurement processes.\r\n\r\nA MODERATE score is earned if there is a mandate to grant access to the information when requested, but no requirement to proactively publish it.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 181, "name": "In practice, citizens can access public procurement regulations within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if procurement regulation is made available online at no cost, can be obtained electronically within a few days for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain regulations, requesters are required to visit an office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain regulations, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "100", "explanation": "The state has two websites, Buy4Michigan and MIContract Connect, that provide information on the overall bidding process for interested vendors and for the public. This information is free, it's presented in a non-discriminatory manner, and it offers ease of physical and electronic access. While it is geared toward vendors, MIContract Connect provides the public with a full set of rules and regulations that bidders must follow. ", "source": "Caleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, April 21-26, 2015 \r\n\r\nBuy4Michigan website\r\nwww.buy4michigan.com/bso/ \r\n\r\nMIContractConnect website\r\nhttp://www.michigan.gov/micontractconnect/0,4541,7-225-48677---,00.html" }, { "number": 182, "name": "In practice, major public procurements are effectively advertised.", "criteria": "A 100 score is earned if all public procurements are advertised through a formal process, providing sufficient time for possible competitors to prepare an offer.\r\n\r\nA 50 score is earned if most public procurements are advertised, but documented evidence shows there are some exceptions.\r\n\r\nA 0 score is earned if most procurements are not advertised.", "details": "", "answer": "100", "explanation": "The state has two websites, Buy4Michigan and MIContract Connect, that provide information on contracts currently up for bid. In addition, govdelivery.com is an email subscription service that provides news about upcoming contracts. All requests for proposals above $10,000 are posted online and many contracts expected to come in below that threshold are also posted. The RFPs below $10,000 do not go through the detailed bidding process but they require three price \"quotes\" from vendors before a contract is awarded.", "source": "Caleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, April 21-26, 2015 \r\n\r\nBuy4Michigan website\r\nwww.buy4michigan.com/bso/ \r\n\r\nMIContractConnect website\r\nhttp://michigan.gov/micontractconnect \r\n\r\nMichigan ListServ Service https://public.govdelivery.com/accounts/MIDEPTTMB/subscriber/new?topic_id=MIDEPTTMB_309 " }, { "number": 183, "name": "In practice, citizens can access the results of major public procurement bids within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if records of public procurement results are readily available online at no cost, can be obtained electronically within a few days for free, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain records, requesters are required to visit an office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain records, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "100", "explanation": "All contracts valued at $10,000 and above are publicly posted online. In some certain cases, bid awards of lesser amounts are also displayed. These postings are typically added to the site within 24 to 48 hours by the Budget Department and they are free.", "source": "Caleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, April 21-26, 2015 \r\n\r\nBudget Department, Transparency and Accountability http://media.state.mi.us/MiTransparency/Vendor \r\n\r\nMIContractConnect website http://michigan.gov/micontractconnect/0,4541,7-225-48680---,00.html " }, { "number": 184, "name": "In practice, the results of major procurement bids are accessible to the public in open data format.", "criteria": "A 100 score is earned if procurement results information is made available online and can be easily accessed, downloaded in bulk, and in machine-readable format. \r\n\r\nA 50 score is earned if the results cannot be easily accessed and/or downloaded in bulk, but can be downloaded in machine-readable format. \r\n\r\nA 0 score is earned if procurement results information is not available online or it is but cannot be downloaded.", "details": "", "answer": "100", "explanation": "Bid results are posted online through an easily accessible website. The winning bidder and the amount are made available and links are provided to the full text of each contract awarded. This Budget Department web page allows for data to be downloaded in bulk in Excel spreadsheets. There are no registration requirements and no fees or processing costs attached to public access to the information.", "source": "Caleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, April 21-26, 2015 \r\n \r\nBudget Department, Procurement Contract List http://michigan.gov/micontractconnect/0,4541,7-225-48680---,00.html \r\n \r\nSunlight Foundation website http://sunlightfoundation.com/policy/documents/ten-open-data-principles/" } ], "number": 9.2, "name": "Can citizens access the public procurement process?" } ], "name": "Procurement", "score": 53.8, "rank": 46 }, { "number": 10, "subcategories": [ { "questions": [ { "number": 185, "name": "In law, there is an independent audit institution, auditor general, or equivalent to cover the state's entire public sector.", "criteria": "A YES score is earned if there is an entity mandated to audit all branches of the state government, including private sector service providers, and investigate the misuse of public funds.\r\n\r\nA MODERATE score is earned if not all government branches are covered or private sector service providers are exempt. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The Michigan Constitution established the post of auditor general and described the duties of that office this way: \"The auditor general shall conduct post audits of financial transactions and accounts of the state and of all branches, departments, offices, boards, commissions, agencies, authorities and institutions of the state established by this constitution or by law, and performance post audits thereof.\" \r\n\r\nThe auditor general is appointed by a majority vote of the Legislature and the financial and performance audits produced are presented to the Legislature for review. Private sector services providers' contracts are also subject to the auditing process. The state Audits and Examinations Act requires that departments and agencies provide to the auditor general \"all books, accounts, documents, and records.\"", "source": "Michigan Constitution, 1963, Section IV, Subsection 53 http://www.legislature.mi.gov/(S(fvk3awb3se3w1x3cr1cgv5rc))/mileg.aspx?page=getobject&objectname=mcl-Article-IV-53&query=on&highlight=Auditor%20AND%20general \r\n\r\nMichigan Audits and Examinations Act, 2003, Michigan Code Section MCL13.101(3) http://www.legislature.mi.gov/(S(jbqi1sv2lshughev0myfqoyr))/mileg.aspx?page=getObject&objectName=mcl-13-101&highlight=Audits" } ], "number": 10.1, "name": "Is there an audit institution or equivalent agency covering the entire state's public sector?" }, { "questions": [ { "number": 186, "name": "In law, the leadership of the audit entity is protected from political interference.", "criteria": "A YES score is earned if the leadership of the entity does not change after every state election and the senior staff are longstanding civil servants legally protected from arbitrary dismissal.\r\n\r\nA MODERATE score is earned if the leadership of the entity changes after every state election, but the senior staff are all longstanding civil servants legally protected from arbitrary dismissal or transfer, or vice versa.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The Michigan Constitution allows for three appointees to serve at the top echelon of the Office of Auditor General: the auditor general, the deputy auditor general and the No. 3-ranking position, which is currently the director of the Bureau of Audit Services. These positions are filled by the Legislature and consist of 8-year terms. The remainder of the OAG's 140 employees are civil servants protected from arbitrary dismissal or transfer.", "source": "Michigan Constitution, 1963, Section IV, Subsection 53 http://www.legislature.mi.gov/(S(fvk3awb3se3w1x3cr1cgv5rc))/mileg.aspx?page=getobject&objectname=mcl-Article-IV-53&query=on&highlight=Auditor%20AND%20general " }, { "number": 187, "name": "In practice, the audit entity operates with independence and is protected from political interference.", "criteria": "A 100 score is earned if the entity operates with independence from any branch of the state government, making decisions without fear or favor.\r\n\r\nA 50 score is earned if the entity's independence is occasionally restricted, or it occasionally makes decisions based on fear or favor (e.g. public criticism or praise by state officials).\r\n\r\nA 0 score is earned if the entity's independence is regularly restricted, and decisions are frequently made based on fear or favor.", "details": "", "answer": "100", "explanation": "The audits conducted by the Office of Auditor General do not face political interference and they routinely criticize the performance of various state departments and agencies. In fact, these entities typically agree with the OAG's findings and recommendations. \r\n\r\nIn March, an audit of the Michigan Department of Transportation's bridge inspection program cited numerous deficiencies in the operations and protocol of the inspectors. In May, an audit of the state's handling of prison inmate's money found egregious errors. \r\n\r\nScrutiny of the prisoners working in food service at one prison cafeteria found that two-thirds were paid incorrectly or worked more hours than Department of Corrections policy allows. The faulty documentation showed that one inmate was credited with working 99 hours in one day.", "source": "Kelly Miller, state relations officer, Office of Auditor General, email conversation, April 6, 2015, phone interview, April 7, 2015 \r\n\r\nDetroit Free Press, March 13, 2015, \"Audit faults MDOT bridge inspections\" http://www.freep.com/story/news/local/michigan/2015/03/13/audit-faults-mdot-bridge-inspections/70265752/ \r\n\r\nOAG audit of prisoner accounts http://www.audgen.michigan.gov/finalpdfs/14_15/r471038014.pdf\r\n\r\nOAG Website, completed projects; http://www.audgen.michigan.gov/projects/recently-released-projects.html" }, { "number": 188, "name": "In practice, the audit agency has sufficient staff and resources to conduct its work.", "criteria": "A 100 score is earned if the entity has sufficient, qualified staff, and adequate resources to fulfill its oversight duties without a backlog of work. It is consistently funded. \r\n\r\nA 50 score is earned if the entity has limited resources, causing the volume of work to occasionally overwhelm staff and delay investigations and/or reports. Funding is consistent. \r\n\r\nA 0 score is earned if lack of resources regularly limits the entity in exercising oversight. The entity is not consistently funded and/or work is usually delayed.", "details": "", "answer": "100", "explanation": "Auditor General Doug Ringler has not complained publicly about his staff or funding. He has approximately 140 employees working underneath him and audit delays have not been raised as an issue by the Legislature, which oversees his office. The OAG annual budget has gradually risen over the past 10 years from $13.6 million to $17.9 million.", "source": "Kelly Miller, state relations officer, Office of Auditor General, email conversation, April 6, 2015, phone interview, April 7, 2015 \r\n\r\nOAG Website, expenditures and accountability information http://www.audgen.michigan.gov/transparency/transparency.html#expenditures \r\n\r\nMackinac Center for Public Policy, Feb. 20, 2015, \"The real problem with 'economic development' programs; http://www.mackinac.org/21015" }, { "number": 189, "name": "In practice, audit agency management actions (e.g. hiring, firing, promotions) are not based on cronyism, nepotism, or patronage.", "criteria": "A 100 score is earned if there are no documented cases of nepotism, cronyism, and patronage within the audit agency. Hirings, firings, and promotions are based on merit and performance.\r\n\r\nA 50 is earned if occasionally there are documented cases of nepotism, cronyism, and patronage. Political leaders or senior officials sometimes appoint family member or friends to favorable positions, or lend other favorable treatment.\r\n\r\nA 0 is earned if there are frequent documented cases of nepotism, cronyism, and patronage occurring in hirings, firings, and promotions.", "details": "", "answer": "100", "explanation": "No cases of nepotism, cronyism or patronage at the Office of Auditor General have been reported in recent years. All but three of the agency's 140 employees are civil service workers who cannot be fired without just cause.", "source": "Kelly Miller, state relations officer, Office of Auditor General, email conversation, April 6, 2015, phone interview, April 7, 2015 \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 9, 2015, email conversations, April 9-10, 2015 \r\n\r\nMichigan Employment Relations Board database https://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=dstars:dstars02" }, { "number": 190, "name": "In practice, the government acts on the findings of the audit agency.", "criteria": "A 100 score is earned if audit reports with negative findings always draw prompt corrective action by the executive branch.\r\n\r\nA 50 score is earned if audit reports usually draw prompt corrective action by the executive branch, but not all findings are addressed by the government. \r\n\r\nA 0 score is earned if audit reports are often ignored or appropriate action is not taken.", "details": "", "answer": "50", "explanation": "The findings and recommendations in audits conducted by the Office of Auditor General require a plan of compliance by the audited agency within 60 days. The Office of Internal Audit Services must accept or modify the submitted plan within 30 days of receiving it. \r\n\r\nThe 60-day requirement is monitored closely by Internal Audit Services and is rarely ignored. If a compliance plan is considered weak or unworkable, Internal Audit Services will reject the remediation plan as not robust enough and work with the agency to make sure an adequate plan is submitted.\r\n\r\n---\r\nPeer Reviewer Comment:\r\nMichigan auditor general reports frequently repeat recommendations from previous audits made years earlier because the recommendations have not been implemented.\r\nIn 2014, the 40 performance audits the auditor general conducted included 182 recommendations, of which 37 were repeat recommendations, according to the agency's annual report.", "source": "Kelly Miller, state relations officer, Office of Auditor General, email conversation, April 6, 2015, phone interview, April 7, 2015 \r\n\r\nOffice of Auditor General website, Reaction and response to an audit report, http://www.audgen.michigan.gov/about-oag/about-oag.html#reaction-and-response-to-audit-report \r\n\r\nKurt Weiss, State Budget Office, email conversation, June 29, 2015\r\nOffice of Internal Audit Services, Audit Charter, http://michigan.gov/budget/0,1607,7-157-49629---,00.html\r\n\r\n---\r\nPeer Reviewer Source:\r\nOffice of the Auditor General annual report 2014; http://audgen.michigan.gov/images/annual_reports/annrpt14.pdf" }, { "number": 191, "name": "In practice, the audit agency independently initiates investigations.", "criteria": "A 100 score is earned if the entity always starts investigations routinely and whenever irregularities are uncovered or reported. The entity fully cooperates with other entities' investigations.\r\n\r\nA 50 score is earned if the entity occasionally fails to investigate when irregularities are uncovered or reported or to cooperate with other entities.\r\n\r\nA 0 score is earned if the entity rarely or never investigates.", "details": "", "answer": "100", "explanation": "In addition to its regular schedule of audits, the Office of Auditor General initiates audit investigations based on a \"risk matrix.\" This risk-based approach focuses on areas such as public health, public safety and the amount of funding an agency spends. In addition, the OAG responds to concerns that are raised in the Legislature.", "source": "Kelly Miller, state relations officer, Office of Auditor General, email conversation, April 6, 2015, phone interview, April 7, 2015 \r\n\r\nOffice of Auditor General website, Types of audits performed http://www.audgen.michigan.gov/about-oag/about-oag.html#types-of-audits-performed Michigan \r\n\r\nNick Ciarmitaro, former state representative, Michigan legisative director, American Federation of State, County and Municipal Employees, phone interview, June 29, 2015" } ], "number": 10.2, "name": "Is the supreme audit institution effective?" }, { "questions": [ { "number": 192, "name": "In law, the audit agency is required to report on its investigations, activities, and advisory opinions.", "criteria": "A YES score is earned if in law the audit agency is required to publish a report at least yearly, including all formal investigations, advisory opinions and activities.\r\n\r\nA MODERATE score is earned if in law the audit agency is required to publish a report, but frequency is discretionary or less often than annually. \r\n\r\nA NO score is earned if no such law exists or it does, but it must be cleared by the executive or legislature prior to publishing or is only disclosed to them.", "details": "", "answer": "NO", "explanation": "No such law exists.\r\n\r\nArticle IV, Section 53 of the Michigan Constitution says: \"\"The auditor general … shall report annually to the legislature and to the governor and at such other times as he deems necessary or as required by the legislature. However, the constitution is rather vague on reporting annually, as Section 53 overall refers to various types of audits and investigative oversight of outside auditors, not \"investigations, activities and advisory opinions,\" as the indicator states.", "source": "No such law exists" }, { "number": 193, "name": "In law, citizens can access audit reports.", "criteria": "A YES score is earned if all audit reports are publicly available. A YES score can be earned even if exceptions exist for ongoing criminal investigations.\r\n\r\nA MODERATE score is earned if a general law requires all government reports to be made publicly available, not specifically referring to audit reports but not excluding them either.\r\n\r\nA NO score if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "No such law exists that specifically requires citizen access to the audit reports. However, they are not exempt from the open records laws and could therefore be accessed that way.", "source": "Freedom Of Information Act, 1976; Michigan Code Sections 15.231 to 15.246 \r\nhttp://www.legislature.mi.gov/(S(lopsawqw4ogl1dev34disgin))/mileg.aspx?page=GetObject&objectname=mcl-Act-442-of-1976" }, { "number": 194, "name": "In practice, citizens can access audit reports within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if audit reports are available online at no cost, can be obtained electronically within a week or in paper for no more than the cost of photocopies. A 100 score is also earned if the reports must be at least yearly and include all formal investigations, advisory opinions, and activities.\r\n\r\nA 50 score is earned if it takes around two weeks to obtain reports, requesters are required to visit an office, or a fee must be paid. A 50 score also earned if the reports are published less than yearly, or do not include all formal investigations, advisory opinions, and activities.\r\n\r\nA 0 score is earned if it takes more than a month to obtain reports, the cost is prohibitive, or they cannot be obtained at all. It also A 0 score is earned if there are no reports, or they fail to contain substantive information.", "details": "", "answer": "100", "explanation": "In practice, annual Office of Auditor General reports, monthly compilations of audits and newly completed individual audits are posted routinely on the OAG website at no cost. A FOIA request is not necessary to access this information. Each file, presented in a PDF format, contains copies of all the paperwork associated with a particular audit.", "source": "Kelly Miller, state relations officer, Office of Auditor General, email conversation, April 6, 2015, phone interview, April 7, 2015 \r\n\r\nOAG website, completed projects \r\nhttp://www.audgen.michigan.gov/projects/recently-released-projects.html \r\n\r\nOAG website, Transparency and Open Government http://www.audgen.michigan.gov/transparency/transparency.html#monthly" }, { "number": 195, "name": "In practice, audit reports are made available in open data format.", "criteria": "A 100 score is earned if audit reports are made available online and can be easily accessed, downloaded in bulk, and in machine-readable format. \r\n\r\nA 50 score is earned if audit reports exist online but cannot be easily accessed and/or downloaded in bulk, but can be downloaded in machine-readable format. \r\n\r\nA 0 score is earned if no audit reports are available online or they are but cannot be downloaded.", "details": "", "answer": "25", "explanation": "Audit reports are available online on the website of the Office of the Auditor General. The information is easily accessible and can be browsed from the database. However, the files are all in pdf format. Information is released to the public within days of its completion.", "source": "Sunlight Foundation website http://sunlightfoundation.com/policy/documents/ten-open-data-principles/ OAG website, \r\n\r\nTransparency and open government http://www.audgen.michigan.gov/transparency/transparency.html#monthly \r\n\r\n Kelly Miller, state relations officer, Office of Auditor General, email conversation, April 6, 2015, phone interview, April 7, 2015 OAG website, completed projects http://www.audgen.michigan.gov/projects/recently-released-projects.html OAG website, Transparency and open government http://www.audgen.michigan.gov/transparency/transparency.html#monthly" } ], "number": 10.3, "name": "Can citizens access reports of the supreme audit institution?" } ], "name": "Internal Auditing", "score": 78.5, "rank": 32 }, { "number": 11, "subcategories": [ { "questions": [ { "number": 196, "name": "In law, the definition of lobbyist recognizes executive branch lobbyists as well as legislative lobbyists.", "criteria": "A YES score is earned if in law, the definition of lobbying includes communications with state legislators and executive officials, including the governor. \r\n\r\nA NO score is earned if no such law exists or it exists, but the definition does not recognize communications with executive and legislative officials.", "details": "", "answer": "YES", "explanation": "The Lobby Registration Act states that anyone who engages in lobbying activity regarding an “administrative action” is subject to the provisions of the law, meaning the proposal, drafting, development, consideration, amendment, enactment, or defeat of a non-ministerial action or rule by an executive agency or an official in the executive branch of state government.\r\n\r\nAs for lobbying on legislative matters, the law says that “legislative action” means introduction, sponsorship, support, opposition, consideration, debate, vote, passage, defeat, approval, veto, delay, or an official action by an official in the executive branch or an official in the legislative branch on a bill, resolution, amendment, nomination, appointment, report, or any matter pending or proposed in a legislative committee or either house of the legislature.", "source": "Michigan Lobby Registration Act 1978, Michigan Code Sections 4.412, 4.415\r\nhttp://www.legislature.mi.gov/(S(aezmoly3gt303ghmwd04ssn2))/mileg.aspx?page=getobject&objectname=mcl-Act-472-of-1978&queryid=18393748\r\n\r\nLobby Registration Act Manual \r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_11945---,00.html" }, { "number": 197, "name": "In law, anyone paid to carry out lobbying activity is defined as a lobbyist and must register as such.", "criteria": "A YES score is earned if anyone paid any amount to carry out lobbying activity is defined as a lobbyist and must register as such.\r\n\r\nA MODERATE score is earned if only persons being paid more than a certain threshold are defined as a lobbyist.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "Anyone who engages in lobbying activist must register with the state. Under the law, “lobbying” means communicating directly with an official in the executive branch of state government or an official in the legislative branch of state government for the purpose of influencing legislative or administrative action. Lobbying of the judicial branch is not allowed. Full-time lobbyists working for a lobbying firm engage in reporting requirements when they expend more than $1,000 on lobbying activities in a 12-month period. Lobbying agents, who engage in lobbying activities for entities such as a corporation or a labor union, report once they spend more than $250 in a 12-month period. ", "source": "Michigan Lobby Registration Act 1978, Michigan Code Sections 4.412, 4.417\r\nhttp://www.legislature.mi.gov/(S(aezmoly3gt303ghmwd04ssn2))/mileg.aspx?page=getobject&objectname=mcl-Act-472-of-1978&queryid=18393748" } ], "number": 11.1, "name": "Is there a clear definition of a lobbyist?" }, { "questions": [ { "number": 198, "name": "In practice, all who are paid to lobby register as lobbyists.", "criteria": "A 100 score is earned if all who are paid to lobby register as such. \r\n\r\nA 50 score is earned if most but not all who are paid to lobby register as such.\r\n\r\nA 0 score is earned if those who are paid to lobby rarely or never register.", "details": "", "answer": "75", "explanation": "The law states specific thresholds for lobbyist registrations but, due to minimal enforcement activities by the Secretary of State's Office, the lobbying registration requirements can be circumvented. In some cases, a representative of a company may push for certain legislation, essentially taking on the role of a lobbyist without registering as a lobbying agent. \r\n\r\nFor example, in 2011-12, when the Michigan Legislature was considering approval for a public bridge to Canada in Detroit, a spokesman for the company of Matty Maroun, owner of the privately operated Ambassador Bridge in Detroit, was routinely making the case against a new bridge for Maroun in the state Capitol, conversing with state House and Senate members though he was not a registered lobbyist. ", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nMark Brewer, former Michigan Democratic Party chairman, phone interview, March 12\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015" }, { "number": 200, "name": "In practice, lobbyists file detailed registration forms within a few days of initiating lobbying activity.", "criteria": "A 100 score is earned if lobbyists register before or within five days of initial lobbying activity. Forms provide detailed information, such as name of employer, lobbied issue, or bill number(s).\r\n\r\nA 50 score is earned if lobbyists register about 10 days after initial lobbying activity and/or occasionally forms lack detailed information. \r\n\r\nA 0 score is earned if lobbyists register 20 or more days after initial lobbying activity and/or registrations generally lack detailed information.", "details": "", "answer": "25", "explanation": "In Michigan, lobbyists must file a registration form with the state within 15 days of their entrance into the lobbying field -- within three days for lobbying agents. \r\n\r\nThresholds for reporting finances are determined by spending amounts, not calendar days. Full-time lobbyists working for a lobbying firm engage in reporting requirements when they expend more than $1,000 on lobbying activities in a 12-month period. Lobbying agents, who engage in lobbying activities for entities such as a corporation or a labor union, report once they spend more than $250 in a 12-month period. However, each reporting period, some lobbyists fail to file their disclosure reports on time or they file reports that are less than complete. While Michigan has hundreds of registered lobbyist/lobbying agents, when the February deadline passed for the most recent reports, 58 lobbyists had failed to file on time or filed faulty reports.", "source": "John Pirich, former state assistant attorney general, attorney for Honigman Miller firm specializing in election law and campaign finance, phone interview, June 5, 2015 \r\nFred Woodhams, campaign finance analyst, Bureau of Elections, email conversation, June 10, 2015 Secretary of State Failure to File website http://mi.gov/sos/0,4670,7-127-1633_8723_41471---,00.html" }, { "number": 202, "name": "In practice, lobbyists file detailed spending reports with reasonable frequency.", "criteria": "A 100 score is earned if lobbyists file at least quarterly, itemized expense reports, including amounts, descriptions and lobbied bill number(s). \r\n\r\nA 50 score is earned if lobbyists file at least semi-annual expense reports, or file them more frequently, but they lack sufficient details.\r\n\r\nA 0 score is earned if is earned where lobbyists file expense reports annually or less-frequently, and/or they usually lack details.", "details": "", "answer": "50", "explanation": "Reports are filed twice a year but critics say that the minimal details provided make the reporting requirements of the law sketchy and nearly worthless to the public. The itemized spending reports required by law consist of three financial numbers -- food/beverage expenses, mass mailing expenses, and \"other\" expenses. Lobbyists do not report what issues, executive actions or pieces of legislation were the subject of their efforts.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16, 2015 \r\n\r\nJohn Pirich, former state assistant attorney general, attorney for Honigman Miller firm specializing in election law and campaign finance, phone interview, June 5, 2015\r\n\r\nLobby Registration Act Manual \r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_11945---,00.html " }, { "number": 204, "name": "In practice, employers/principals list the compensation/salary of all lobbyists they hire on spending reports.", "criteria": "A 100 score is earned if employers/principals always file expenditure reports including salary or fees paid to their lobbyist(s).\r\n\r\nA 50 score is earned if employers/principals occasionally fail to file expenditure reports or they always do it, but they lack the salary or fees paid to their lobbyist(s).\r\n\r\nA 0 score is earned if employer/principals rarely or never file expenditure reports or salary or fees paid are not disclosed.", "details": "", "answer": "50", "explanation": "The minimalist reports required of those who employ lobbying agents consist largely of overall expenses labeled as \"other.\" The compensation and salary details are wrapped into the \"other\" category and, as a result, those numbers cannot be deciphered by the public. It should be noted that the sources I talked to, including a longtime lobbyist, believe that the lobbying disclosure forms are one of the weakest aspects of Michigan's transparency efforts.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nMark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12" } ], "number": 11.2, "name": "Are lobbyist registration processes effective? " }, { "questions": [ { "number": 199, "name": "In law, lobbyists are required to file a registration form on an annual basis.", "criteria": "A YES score is earned if lobbyists must fill out and file a registration form with the state government at least once a year. \r\n\r\nA MODERATE score is earned where lobbyists must fill out and file a registration form, but with less frequency. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "Michigan's lobbying law requires new lobbyists to register but does not require annual registration.", "source": "Michigan Lobby Registration Act 1978, Michigan Code Section 4.418 http://www.legislature.mi.gov/(S(aezmoly3gt303ghmwd04ssn2))/mileg.aspx?page=getobject&objectname=mcl-Act-472-of-1978&queryid=18393748" }, { "number": 201, "name": "In law, lobbyists are required to file detailed spending reports, including compensation/salary information.", "criteria": "A YES score is earned if lobbyists are required to file itemized spending reports (including name of employer, lobbied issues and bill number(s) and compensation/payments received for lobbying services). \r\n\r\nA MODERATE score is earned if lobbyists are required to file itemized spending reports or compensation/payments received, but not both.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "The itemized spending reports required by law consist of three financial numbers -- food/beverage expenses, mass mailing expenses, and \"other\" expenses. The compensation and salary details for lobbyists are included in the \"other\" category and, as a result, they cannot be determined by the public. Lobbyists do not report what issues, executive actions or pieces of legislation were the subject of their efforts.", "source": "Michigan Lobby Registration Act 1978, Michigan Code Section 4.418 http://www.legislature.mi.gov/(S(aezmoly3gt303ghmwd04ssn2))/mileg.aspx?page=getobject&objectname=mcl-Act-472-of-1978&queryid=18393748 \r\n\r\nLobby Registration Act Manual \r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_11945---,00.html\r\n\r\nLobby Registration Act Thresholds\r\nhttp://www.michigan.gov/sos/0,4670,7-127-1633_11945---,00.html" }, { "number": 203, "name": "In law, employers or principals of lobbyists are required to fill out spending reports.", "criteria": "A YES score is earned if employers or principals fill out spending reports including salary or fees paid to their lobbyist(s). \r\n\r\nA MODERATE score is earned if they file spending reports, but they fail to include the specific amount of salary or fees paid to their lobbyist(s).\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "Employers or principals of lobbying agents must file spending reports. However, the bare-bones reporting required by law does not include details of salaries or fees paid to lobbyists. Lobbyists also do not report what issues, executive actions or pieces of legislation were the subject of their efforts.", "source": "Michigan Lobby Registration Act 1978, Michigan Code Sections 4.418, 4.422 http://www.legislature.mi.gov/(S(aezmoly3gt303ghmwd04ssn2))/mileg.aspx?page=getobject&objectname=mcl-Act-472-of-1978&queryid=18393748" } ], "number": 11.3, "name": "Are there detailed registration requirements? " }, { "questions": [ { "number": 205, "name": "In practice, citizens can access lobbying disclosure documents (including registration, expenses, and compensation reports) within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if the all lobbying disclosure documents are available online at no cost, can be obtained electronically within a week, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain these documents, requesters are required to visit an office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain these documents, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "100", "explanation": "The lobbying reports are available for free online but critics say the public's ability to decipher information from those reports is severely limited. Clients are listed on a separate online link and the public often has a minimal ability to make connections between lobbyist spending and those who are trying to influence the government. \r\n\r\nThe Michigan Campaign Finance Network reported recently that lobbyists spent a combined $37 million in 2014 on lobbying efforts but thresholds and other lax rules prevented the public from learning much from their spending reports. The MCFN offered this summary: “Overall, lobbyists reported that they spent $725,000 for hospitality (food and beverage), travel and accommodations in 2014. Just over $126,000 was spent to provide food and beverages in group situations. Of the remaining $599,000 that was spent, less than $98,000, or 16 percent, was connected to a named beneficiary. That is because of reporting thresholds that excuse lobbyists from identifying the recipients of much of their largesse.\r\n\r\n“Individual beneficiaries of dining hospitality did not have to be identified unless a lobbyist spent more than $58 in a month, or $350 in the calendar year, on that individual. Thus, the top recipients of itemized individual dining benefits may have benefited considerably more than was reported.\r\n“The more likely area of perquisites with unnamed beneficiaries is travel and accommodations. The beneficiaries of travel and accommodations did not have to be named unless spending on their behalf exceeded $750 for an occasion of travel. There were just five reported trips involving 13 \"lobbyable\" officials at a cost of $17,319 in 2014.”", "source": "Mark Brewer, attorney, former Michigan Democratic Party chairman, phone interview, March 12 \r\n\r\nDave Waymire, public relations, Martin Waymire Advocacy, email conversation, March 12 \r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nLobby Disclosure Database\r\nhttp://miboecfr.nictusa.com/cgi-bin/cfr/lobby_srch.cgi \r\n\r\nMichigan Campaign Finance Report on Lobbyist Spending http://www.mcfn.org/press.php?prId=222" }, { "number": 206, "name": "In practice, lobbying disclosure information is made available in an open data format.", "criteria": "A 100 is earned if lobbying disclosure information is made available online and can be easily accessed, downloaded in bulk, and in machine-readable format. \r\n\r\nA 50 is earned if where lobbying disclosure information is available online but cannot be easily accessed and/or downloaded in bulk, but can be downloaded in machine-readable format.\r\n\r\nA 0 is earned if lobbying disclosure information is not available online or it is but cannot be downloaded.", "details": "", "answer": "25", "explanation": "Michigan's lobbying disclosure standards face considerable criticism for failing to provide detailed information. Information is released to the public within days of its completion and is provided online with no barriers. There are no fees or processing costs attached to public access to the information, but files are only available as pdf documents. ", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n \r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16 \r\n\r\nMark Brewer, former Michigan Democratic Party chairman, phone interview, March 12 \r\n\r\nSunlight Foundation Standards; http://sunlightfoundation.com/policy/documents/ten-open-data-principles/" } ], "number": 11.4, "name": "Can citizens access the information reported by lobbyists to the state government?" }, { "questions": [ { "number": 207, "name": "In law, there are requirements for the regular auditing of lobbying disclosure records.", "criteria": "A YES score is earned if there is a legal requirement for the regular auditing of lobbying disclosure records by an impartial third party.\r\n\r\nA MODERATE score is earned if independent auditing only occurs when financial irregularities are discovered or suspected or the law requires a compliance review.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 208, "name": "In practice, lobbying disclosure records are independently audited.", "criteria": "A 100 score is earned if lobbying disclosures are audited yearly by an impartial third party. \r\n\r\nA 50 score is earned if lobbying disclosures are not always independently audited, or they are but audits may fail to identify problems in the information.\r\n\r\nA 0 score is earned if lobbying disclosures are not independently audited, or they generally fail to identify problems in the information.", "details": "", "answer": "25", "explanation": "Each lobbying disclosure report is reviewed by the staff of the Secretary of State, Michigan's top elections official, on an \"on its face\" basis. But no independent auditing system is established by law. The online database that provides details on SOS enforcement shows that just three SOS determinations have been issued on lobbying rules and practices in the past 20 years. It's important to note that the SOS regularly sends out \"error or omission notices\" to lobbyists to have them provide more information or clarify information in their report.", "source": "Gisgie Gendreau, communications director, Michigan Secretary of State, email conversations, March 16 \r\n\r\nLobby Disclosure Database\r\nhttp://miboecfr.nictusa.com/cgi-bin/cfr/lobby_srch.cgi\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16" }, { "number": 209, "name": "In practice, penalties are imposed as necessary when lobbying reporting requirements are violated.", "criteria": "A 100 score is earned if offenders are always sanctioned when violations to reporting requirements are discovered. \r\n\r\nA 50 score is earned if offenders are generally sanctioned, but documented evidence show some exceptions exist. \r\n\r\nA 0 score is earned if sanctions are rarely or never imposed even though they are necessary.", "details": "", "answer": "25", "explanation": "The Michigan Secretary of State's Office reviews lobbyist reports but those documents are not subject to a regimented auditing process. In turn, because of the minimal information provided in the reports, it appears that sanctions are almost never imposed. The SOS points out that fees are routinely assessed on lobbyists and lobbying agents who file reports late. A fee of $24 per day is assessed for late or inadequate reports, up to a maximum of $720. Late fees are important but the system is too opaque to even warrant fines for reporting violations.", "source": "Rich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11\r\n\r\nBob LaBrant, lobbyist and legal counsel, Michigan Chamber of Commerce, Sterling Corporation political consulting firm, phone interview, March 16\r\n\r\nGisgie Gendreau, communications director, Michigan Secretary of State, email conversations, March 16\r\n\r\nSecretary of State Failure to File website \r\nhttp://mi.gov/sos/0,4670,7-127-1633_8723_41471---,00.html" } ], "number": 11.5, "name": "Is there effective monitoring of lobbying disclosure requirements?" } ], "name": "Lobbying Disclosure", "score": 50.8, "rank": 43 }, { "number": 12, "subcategories": [ { "questions": [ { "number": 210, "name": "In law, there is an entity/ies tasked with enforcing state ethics rules in all branches of government.", "criteria": "A YES score is earned if there is an entity mandated to enforce state ethics rules in all branches of government.\r\n\r\nA MODERATE score is earned if not all government branches are covered.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The state Ethics Act only applies to officials and employees in the executive branch. In turn, the Ethics Board that enforces the act only handles cases that pertain to executive branch employees, not those associated with the legislature or the judiciary. \r\n\r\nHowever both the judiciary and the legislature have separate ethics committees. The legislature has an ethics committee mandated by law in section 15.307.\r\n\r\nThe courts rely upon the Judicial Code of Conduct to mandate ethical behavior. The Judicial Tenure Commission acts to promote integrity in the judicial process based on amendment to Article 6, § 30 of the Michigan Constitution in August, 1968.\r\n\r\nThe seven-member Ethics Board, which operates within the state Civil Service Commission, investigates and renders judgment on complaints about unethical behavior by officials or employees. \r\n\r\nThe board also has the power to initiate an investigation. In addition, the board can hold a public hearing at which witnesses testify and legal counsel for the accused make their case. However, the board only recommends sanctions, it does not impose them.", "source": "State of Michigan Ethics Act 1973, Michigan Code Sections 15.341 through 15.347\r\nhttp://www.michigan.gov/mdcs/0,1607,7-147-6881_13592-26139--,00.html\r\n\r\nArticle 6, § 30 of the Michigan Constitution in August, 1968, http://www.legislature.mi.gov/(S(vefgobfahzjddirvts4set0g))/mileg.aspx?page=GetObject&objectname=mcl-Constitution\r\n\r\nCommission on legislative ethics. \r\nAct 318 of 1968, Section 15.307, http://www.legislature.mi.gov/(S(jn5njwbvkujla11yvxric4zk))/mileg.aspx?page=getObject&objectName=mcl-15-307" }, { "number": 211, "name": "In law, the ethics entity/ies has an independently allocated budget.", "criteria": "A YES score is earned if the budget is prescribed by law and is not subject to negotiation. \r\n\r\nA MODERATE score is earned if only part of the budget is prescribed by law and the rest is subject to negotiations. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "The Ethics Act of 1973 mandated an allocation of $10,000 annually for the Ethics Board. The law also requires the state Civil Service Commission to provide clerical and administrative staff and the Attorney General to advise the Ethics Commission on legal matters. As a result of the state requirements, funding of the Ethics Board has become a standard year-by-year procedure that is devoid of controversy.", "source": "State of Michigan Ethics Act 1973, Michigan Code Sections 15.344, 15.345, 15.347.\r\nhttp://www.michigan.gov/mdcs/0,1607,7-147-6881_13592-26139--,00.html" }, { "number": 212, "name": "In law, the ethics entity/ies can independently initiate investigations and sanction offenders.", "criteria": "A YES score is earned if the ethics entity/ies has the authority to independently initiate investigations into alleged violations and to sanction offenders. \r\n\r\nA MODERATE score is earned if the ethics entity has the legal authority to initiate investigations independently, but no authority to impose sanctions.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "Section 15.345 of the Ethics Act says that the Ethics Board shall \"initiate investigations of practices that could affect ethical conduct of a public officer or employee.\"", "source": "State of Michigan Ethics Act 1973, Michigan Code Section 15.345\r\nhttp://www.michigan.gov/mdcs/0,1607,7-147-6881_13592-26139--,00.html" }, { "number": 213, "name": "In law, the ethics entity/ies can propose the creation of relevant laws or regulations to bolster its mission.", "criteria": "A YES score is earned if in law the ethics entity can propose the laws, regulations, or rules to the state legislature, executive or judiciary to bolster its mission and expand its mandate when necessary. \r\n\r\nA MODERATE score is earned, if in law some entitles can propose rules or regulation. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such provision exists in the law.", "source": "No such law exists. " }, { "number": 227, "name": "In law, the ethics entity/ies is required to report on its investigations, activities and advisory opinions.", "criteria": "A YES score is earned if in law the ethics entity is required to publish a report at least yearly including all formal investigations, advisory opinions and activities.\r\n\r\nA MODERATE score is earned if the entity in law the ethics entity is required to publish a report, but frequency is discretionary.\r\n\r\nA NO score is earned if no such law exists or it does but it must be cleared by the executive or legislature prior to publishing or is only disclosed to them.", "details": "", "answer": "NO", "explanation": "No such law exists. However, the Ethics Act allowed the board to promulgate rules governing its procedures. Those rules, most recently updated in 2006, require the board to publish online it decisions and opinions, including dissents.", "source": "No such law exists." } ], "number": 12.1, "name": "Are there laws and regulations to promote and protect a professional ethics enforcement agency (or set of agencies)?" }, { "questions": [ { "number": 214, "name": "In practice, the ethics entity/ies has sufficient staff and resources to conduct its work.", "criteria": "A 100 score is earned if the entity has sufficient, qualified staff, and adequate resources to fulfill its oversight duties without a backlog of work. It is consistently funded.\r\n\r\nA 50 score is earned if the entity has limited resources, causing the volume of work to occasionally overwhelm staff and delay investigations and/or reports. Funding is consistent. \r\n\r\nA 0 score is earned if lack of resources regularly limits the entity in exercising oversight. The entity is not consistently funded and/or work is usually delayed.", "details": "", "answer": "100", "explanation": "In addition to the $10,000 mandated annually by law, the Ethics Board receives staff assistance from the Civil Service Commission and from the Attorney General's Office. The executive secretary of the board is a Civil Service Commission employee. \r\n\r\nFor each of its quarterly meetings, the board members are supplied with a briefing book, often several inches thick, containing a complete documentary history of the cases at hand, plus a review of factual issues and an evaluation of legal issues.\r\n\r\nThe board's budget is essentially provided on an as-needed basis. \r\n\r\nThe limited staffing rarely creates a problem in providing the assistance needed in dealing with a case, but on occasion board work has to “get in line” behind other assignments that staff might have.", "source": "Lawrence Glazer, member, State Ethics Board, email conversation, March 17, 2015 \r\nLynn Jondahl, former Ethics Board chair, email conversations, March 17-20, 2015\r\nState Ethics Board website\r\nhttp://www.michigan.gov/mdcs/0,4614,7-147-32705---,00.html" }, { "number": 215, "name": "In practice, the ethics entity/ies' management actions (e.g. hiring, firing, promotions) are not based on cronyism, nepotism, or patronage.", "criteria": "A 100 score is earned if there are no documented cases of nepotism, cronyism, and patronage within the ethics entity. Hirings, firings, and promotions are based on merit and performance.\r\n\r\nA 50 is earned if occasionally there are documented cases of nepotism, cronyism, and patronage. Family members or friends occasionally benefit from favorable positions or other favorable treatment.\r\n\r\nA 0 is earned if there are frequent documented cases of nepotism, cronyism, and patronage occurring in hiring, firing and promotions.", "details": "", "answer": "100", "explanation": "The Civil Service Commission staffers who assist the Ethics Board are classified as civil service employees, not political appointees. The assistant attorney general assigned to the commission is an appointee of the Attorney General but issues of cronyism, nepotism or patronage have not been raised regarding that position. \r\n\r\nOccasionally a board member will recuse himself/herself from a particular case because of possible conflict of interest - e.g., the member is a lawyer in a firm which has a client with a possible interest in the outcome of a case. In other cases, a business or financial interest of a board member may present a conflict. In those instances, the recusing board member has no communications with the other members regarding the case. \r\n\r\nHowever, while the recusal process is board protocol, it is based on \"self-declaration and self-enforcing.\"", "source": "Lawrence Glazer, member, State Ethics Board, email conversation, March 17, 2015 \r\n\r\nLynn Jondahl, former Ethics Board chair, email conversations, March 17-20, 2015 \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 " }, { "number": 216, "name": "In practice, the ethics entity/ies operates with independence and is protected from political interference.", "criteria": "A 100 score is earned if the ethics entity operates with independence from any branch of the state government, making decisions without fear or favor.\r\n\r\nA 50 score is earned if the ethics entity's independence is occasionally restricted, or it occasionally makes decisions based on fear or favor (e.g. public criticism or praise by state officials).\r\n\r\nA 0 score is earned if the ethics entity's independence is regularly restricted, and decisions are frequently made based on fear or favor.", "details": "", "answer": "100", "explanation": "No complaints have been documented regarding the Ethics Board facing political interference. By law, the commission is comprised of a 4-3 partisan split -- that is, neither of the two political parties can have more than four members at a time. The commissioners serve 4-year terms and some have received appointment and reappointment from Republican and Democratic governors. In addition, the deliberations among board members do not split along party lines.\r\n\r\nTheir meetings are held in public and the board's hearing process provides the defendant with legal counsel and allows the calling of witnesses. According to state records, the only complaint filed against the Ethics Board itself came in 1975 when the commission's executive secretary was accused of engaging in an unethical \"business transaction\" by teaching at a university during off-work hours. The board rejected the complaint.\r\n\r\nThe only recent case with partisan, political implications was heard in 2003 when Republican officials claimed then-Gov. Granholm’s selection of a former lobbyist -- Richard Wiener -- as her chief of staff was unethical. The board held a number of meetings on the matter, depositions were taken by the board but the case was eventually withdrawn by the parties making the charge. While the filing of this case was viewed as a highly partisan tactic, at no time did the board’s discussions divide along party lines. \r\nSince then, there have been no attempts to use the Ethics Board process for political purposes.", "source": "Board of Ethics Searchable Database\r\nhttps://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=ethics:ethics02\r\n\r\nLawrence Glazer, member, State Ethics Board, email conversation, March 17, 2015\r\n\r\nRich Robinson, director of Michigan Campaign Finance Network, phone interview, March 11, 2015" }, { "number": 217, "name": "In practice, the ethics entity/ies independently initiates investigations and imposes penalties on offenders.", "criteria": "A 100 score is earned if the ethics entity independently initiates investigations and imposes sanctions when necessary.\r\n\r\nA 50 score is earned if the ethics entity does not often initiate investigations or it fails to impose sanctions when necessary. \r\n\r\nA 0 score is earned if no such entity exists or it exists but rarely initiates investigations.", "details": "", "answer": "25", "explanation": "Based on the cases it has handled, the commission responds to complaints and does not initiate investigations. Critics say the Ethics Board is an obscure part of state government and has \"no teeth\" to enforce ethical standards.\r\n\r\nIn July 2013, the Ethics Board found that a Michigan Department of Transportation employee had violated the State Ethics Act by informing a billboard company that it faced competition from another firm in its bid to put up a billboard on a small stretch of Michigan freeway. The board did not impose sanctions on the MDOT employee but instead instructed the department to engage in better training of workers that would educate them about not sharing confidential information with vendors. \r\n\r\nIn November 2013, the Ethics Board considered the case of two state employees with apparent conflicts of interest who allegedly tried to rig a statewide contract for legal transcription services. The board decided to dismiss the case and the workers faced no punishment.", "source": "Board of Ethics Searchable Database\r\nhttps://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=ethics:ethics02\r\nLawrence Glazer, member, State Ethics Board, email conversation, March 17\r\nLynn Jondahl, former Ethics Board chair, email conversations, March 17-20, 2015 Jeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015" } ], "number": 12.2, "name": "Are the laws and regulations to promote and protect a professional ethics enforcement agency (or set of agencies) effective?" }, { "questions": [ { "number": 218, "name": "In law, members of the ethics entity/ies are required to file an asset disclosure forms.", "criteria": "A YES score is earned if the law requires all members of the entity and their immediate family to file an asset disclosure form while in office, and the disclosures are publicly available. \r\n\r\nA MODERATE score is earned if the law requires all members of the entity to file an asset disclosure form while in office, but not their family.\r\n\r\nA NO score is earned if no such law exists or it exists but the disclosure forms are not available to the public.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 219, "name": "In law, gifts and hospitality offered to members of the ethics entity/ies are regulated.", "criteria": "A YES score is earned if the law regulates gifts and hospitality offered to members of the entity and their immediate family. \r\n\r\nA MODERATE score is earned if the law regulates gifts for members of the entity, but not their family. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists. Civil Service Rules do not apply to members of the Ethics Board", "source": "No such law exists" }, { "number": 220, "name": "In law, members of the ethics entity/ies must recuse themselves from actions in which they may have a conflict of interest.", "criteria": "A YES score is earned if the law requires members of the ethics agency to recuse themselves from any action that could confer a financial benefit to them or their immediate family. \r\n\r\nA MODERATE score is earned if the law exists but it does not define the recusal mechanism.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists.", "source": "No such law exists" }, { "number": 225, "name": "In law, there are restrictions for members of the ethics entity/ies entering the private sector after leaving the office.", "criteria": "A YES score is earned if the law mandates cooling-off periods for members of the ethics entity taking positions in the private sector after leaving the office. These apply if the private sector positions present a conflict of interest, such as seeking to influence their former colleagues.\r\n\r\nA MODERATE score is earned if, in law, only some entities are subject to legal restrictions entering the private sector after leaving office. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists.", "source": "No such law exists." } ], "number": 12.3, "name": "Are there regulations governing conflicts of interest by the ethics enforcement agencies?" }, { "questions": [ { "number": 221, "name": "In practice, members of the ethics entity/ies adhere to the law governing gifts and hospitality.", "criteria": "A 100 score is earned if there are no documented cases of members of the ethics entity and/or family members accepting gifts or hospitality above what is legally allowed.\r\n\r\nA 50 score is earned if there occasionally are documented cases of members of the ethics entity and/or family members accepting gifts and hospitality above what is legally allowed.\r\n\r\nA 0 score is earned if members routinely accept gifts and hospitality above what is legally allowed.", "details": "", "answer": "100", "explanation": "The state Ethics Act contains provisions that regulate gifts and hospitality for executive branch employees. However, the law makes no specific reference to such restrictions for Ethics Board members. \r\n\r\nNonetheless, there are no documented cases of board members or their family members accepting illegal gifts or hospitality.", "source": "Lawrence Glazer, member, State Ethics Board, email conversation, March 17\r\n\r\nMark Brewer, former Michigan Democratic Party chairman, phone interview, March 12\r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12" }, { "number": 222, "name": "In practice, ethics entity/ies asset disclosures are independently audited.", "criteria": "A 100 score is earned if ethics entity asset disclosures are audited yearly by an impartial third party. \r\n\r\nA 50 score is earned if asset disclosures are not always independently audited, or they are but audits may fail to identify problems in the information.\r\n\r\nA 0 score is earned if ethics entity asset disclosures are not independently audited, or they generally fail to identify problems in the information.", "details": "", "answer": "0", "explanation": "In practice, the Ethics Board does not engage in asset disclosure. As a result, the public is left in the dark regarding potential conflicts among Ethics Board members relating to their personal finances.", "source": "Rich Robinson, director, Michigan Campaign Finance Network, phone interview, March 11,\r\n2015 \r\n\r\nLawrence Glazer, member, State Ethics Board, email conversation, March 17, 2015\r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 " }, { "number": 226, "name": "In practice, members of the ethics entity/ies adhere to the law governing private sector employment after leaving office.", "criteria": "A 100 score is earned if the there are no documented cases of ethics entity/ies members taking jobs in the private sector that entail directly lobbying or seeking to influence their former government colleagues, without an adequate cooling-off period.\r\n\r\nA 50 score is earned if there are occasional instances of members taking jobs without observing an adequate cooling-off period.\r\n\r\nA 0 score is earned if no cooling-off periods exist or they are routinely ignored.", "details": "", "answer": "0", "explanation": "There are no revolving-door rules or cooling off period for Ethics Board members. However, it should be noted that board members serve voluntarily -- receiving no compensation other than mileage reimbursements for traveling to commission meetings -- and they currently work in the private sector or they are retired. Public sector employees are not eligible to serve on the commission.", "source": "Lawrence Glazer, member, State Ethics Board, email conversation, March 17 John Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 Lynn Jondahl, former Ethics Board chair, email conversations, March 17-20" } ], "number": 12.4, "name": "Are the regulations governing conflicts of interest by the ethics enforcement agencies effective?" }, { "questions": [ { "number": 223, "name": "In practice, citizens can access the asset disclosure records of members of the ethics entity/ies within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if records are available online at no cost, or can be obtained within a week electronically for free or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain records, requesters are required to visit an office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain records, the cost is prohibitive or they cannot be obtained at all.", "details": "", "answer": "0", "explanation": "Ethics Board members are not subject to asset disclosure requirements. Their initial gubernatorial appointment to the commission is subject to Senate confirmation and the Senate questionnaire for nominees seeks information about finances and other matters that could present conflicts of interest. However, those completed questionnaires cannot be obtained by the public because the Legislature is exempt from the state's Freedom of Information Act. As a result of this multi-layered lack of transparency, the public cannot determine if Ethics Board members have conflicts of interest in certain cases.", "source": "Lynn Jondahl, former Ethics Board chair, email conversations, March 17-20 \r\n\r\nLawrence Glazer, member, State Ethics Board, email conversation, March 17 \r\n\r\nAppointments Questionnaire, Senate Majority Policy Office https://www.documentcloud.org/documents/2095202-appointments-questionnaire-rr-a-amp-c.html " }, { "number": 224, "name": "In practice, asset disclosure records of members of the ethics entity/ies are accessible to the public in open data format.", "criteria": "A 100 score is earned if the asset disclosure records of members of the ethics entity are made available online and can be easily accessed, downloaded in bulk, and in machine-readable format.\r\n\r\nA 50 score is earned if such information is available online, but cannot be easily accessed and/or downloaded in bulk, but can be downloaded in machine-readable format. \r\n\r\nA 0 score is earned if the asset disclosures are not available online or they are but cannot be downloaded.", "details": "", "answer": "0", "explanation": "Ethics Board members are not subject to asset disclosure requirements. Their initial gubernatorial appointment to the commission is subject to Senate confirmation and the Senate questionnaire for nominees seeks information about finances and other matters that could present conflicts of interest. However, those completed questionnaires cannot be obtained by the public because the Legislature is exempt from the state's Freedom of Information Act. As a result of this multi-layered lack of transparency, the public cannot determine if Ethics Board members have conflicts of interest in certain cases.", "source": "Lynn Jondahl, former Ethics Board chair, email conversations, March 17-20 \r\n\r\nLawrence Glazer, member, State Ethics Board, email conversation, March 17 \r\n\r\nJohn Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 Rules of Practice and Procedure" }, { "number": 228, "name": "In law, citizens can access ethics entity reports.", "criteria": "A YES score is earned if the law says all ethics reports are accessible to the public. A YES score can be earned even if exceptions exist for ongoing criminal investigations.\r\n\r\nA MODERATE score is earned if a general law requires all government reports to be made publicly available, not specifically referring to ethics entity reports but not excluding them either.\r\n\r\nA NO score if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "No such law exists, however reports are available under the FOIA law. ", "source": "No such law exists" }, { "number": 229, "name": "In practice, citizens can access reports by the ethics entity/ies within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if audit reports are available online at no cost, can be obtained electronically within a week or in paper for no more than the cost of photocopies. Reports are published at least yearly and include all formal investigations, advisory opinions and activities.\r\n\r\nA 50 score is earned if it takes around two weeks to obtain reports, requesters are required to visit an office, or a fee must be paid. A 50 score also earned if the reports are published less than yearly, or do not include all formal investigations, advisory opinions and activities.\r\n\r\nA 0 score is earned if it takes more than a month to obtain reports, the cost is prohibitive or they cannot be obtained at all. It also A 0 score is earned if there are no reports, or they fail to contain substantive information.", "details": "", "answer": "100", "explanation": "Information about Ethics Board cases and decisions dating back to 1974 are available online at no cost. One caution -- these are not \"audit reports,\" they are written documents and correspondence outlining the activities of the board, case by case -- similar to detailed meeting minutes for a public body. The Ethics Board publicly reports on the cases and advisory opinions within five days after they are completed. The commission also posts its agenda for upcoming meetings and minutes from prior sessions, as the administrative rules for the commission mandate compliance with the state Open Meetings Act.", "source": "John Gnodtke, general counsel, Michigan Civil Service Commission, phone interview, April 10, 2015, email conversations, April 10 and 12 \r\n\r\nBoard of Ethics Searchable Database https://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=ethics:ethics02\r\n\r\nLawrence Glazer, member, State Ethics Board, email conversation, March 17" }, { "number": 230, "name": "In practice, ethics reports are made available in open data format.", "criteria": "A 100 score is earned if ethics reports are made available online and can be easily accessed, downloaded in bulk, and in machine-readable format.\r\n\r\nA 50 score is earned if ethics reports are available online, but cannot be easily accessed and/or downloaded in bulk, but can be downloaded in machine-readable format.\r\n\r\nA 0 score is earned if no ethics reports are available online or they are but cannot be downloaded.", "details": "", "answer": "0", "explanation": "The ethics reports are available for free online in a simple, searchable database. There are no online registration rules or personal identification requirements. However, all records can only be viewed and/or printed. Documents cannot be downloaded. ", "source": "Sunlight Foundation website http://sunlightfoundation.com/policy/documents/ten-open-data-principles/\r\n \r\nBoard of Ethics Searchable Database https://civilservice.state.mi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=ethics:ethics02\r\n \r\nLynn Jondahl, former Ethics Board chair, email conversations, March 17-20" } ], "number": 12.5, "name": "Can Citizens access asset disclosures and ethics entities reports? " } ], "name": "Ethics Enforcement Agencies", "score": 38.9, "rank": 47 }, { "number": 13, "subcategories": [ { "questions": [ { "number": 231, "name": "In law, placement agents paid to secure business with state-run pensions funds must disclose all fees and terms for providing services.", "criteria": "A YES score is earned if in law, placement agents used by investment firms to secure business with state-run pension funds must: 1) register with the state government, and 2) publicly disclose all fees and terms for providing “finder” or introduction services. A YES score is also earned if placement agents are banned. \r\n\r\nA MODERATE score is earned if agents must register with the state government, but the law does not require them to publicly disclose all fees and terms for providing “finder” or introduction services. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists. In Michigan, \"placement agents\" is a phrase that does not appear in law or in policies or regulations. It is not a term that is familiar in Michigan", "source": "No such law exists" } ], "number": 13.1, "name": "Are there laws and regulations requiring that state-run pension funds be managed transparently?" }, { "questions": [ { "number": 232, "name": "In practice, all placement agents paid to secure business with state-run pensions funds register as such.", "criteria": "A 100 score is earned if all agents working to secure business with state-run pensions register as such (or similarly regulated class) before conducting placement activity. \r\n\r\nA 50 score is earned if most but not all agents working to secure business with state-run pensions register before conducting placement activity.\r\n\r\nA 0 score is earned if agents rarely or never register or registrations are not required.", "details": "", "answer": "0", "explanation": "In Michigan, placement agents are not a part of the pension fund investment process. In fact, Michigan officials are barely familiar with the \"placement agent\" label. The state pension funds rely upon consultants to choose investments and disinvestments but that process does not include placement agents at the subcontractor level.", "source": "Phil Stoddard, director of Michigan Office of Retirement Services, phone interview, May 18, 2015 \r\n\r\nKerrie Vanden Bosch, deputy director, Michigan Office of Retirement Services, phone interview, May 18, 2015 \r\n\r\nCaleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, May 6 and 15, 2015" }, { "number": 233, "name": "In practice, placement agents' disclosures are detailed.", "criteria": "A 100 score is earned if placement agents' disclosures are always public and provide detailed information, including who the agent works for, services carried, qualifications, and compensation.\r\n\r\nA 50 score is earned if disclosures contain most of the above details, but occasionally miss two of the four elements listed above.\r\n\r\nA 0 score is earned if disclosures are not publicly available or they are but fail to provide any of the elements listed above.", "details": "", "answer": "0", "explanation": "In Michigan, the state pension systems do not interact with placement agents when making investments or disinvestments. As a result, there are no disclosure reports on file regarding placement agents.", "source": "Phil Stoddard, director of Michigan Office of Retirement Services, phone interview, May 18, 2015 Kerrie Vanden Bosch, deputy director, Michigan Office of Retirement Services, phone interview, May 18, 2015 Caleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, May 6 and 15, 2015" }, { "number": 234, "name": "In practice, pension investment decisions are made by independent experts.", "criteria": "A 100 score is earned if all investment decisions affecting how the state-run pension fund's assets are allocated and managed (if contracting with outside managers or firms) are always made by a group of independent experts. No single individual is ever able to direct the fund's portfolio allocation by him/herself.\r\n\r\nA 50 score is earned if most but not all investment decisions are made by a group of independent experts and/or occasionally certain types of investments may be made by a single individual without oversight from others.\r\n\r\nA 0 score is earned if investment decisions are frequently made by a single individual with little or no oversight from others.", "details": "", "answer": "75", "explanation": "In Michigan, the state Department of Technology, Management and Budget’s (DTMB) Office of Retirement Services (ORS) is responsible for the day-to-day administration and management of the retirement systems.\r\n\r\nThe state has five distinct pension funds – for state employees, public school employees, judges, the State Police and the National Guard – and each system has its own retirement board that governs administrative policies and procedures. \r\n\r\nThe size of the pension boards varies. While most members have a financial background, each board also includes a few members of the pertinent employee group or its labor union bargaining agent. For example, the state police pension board includes a state trooper. The schools’ pension board includes several members collectively representing active or retired teachers and a teachers’ union.\r\n\r\nHowever, these retirement boards do not act as either the investment fiduciary or the custodian of investments or assets. Instead, the state Treasury Department and its Bureau of Investments handles those responsibilities, as required by state law. Under Michigan’s two-tiered pension oversight system, the Investment Advisory Committee (IAC) – despite its name – has considerable authority over the pension funds, as established by the state Investment Act.\r\n\r\nThe IAC is comprised of three members outside of government with a financial background – appointed by the governor on a rotating basis – and two ex-officio members from within who have budget and finance expertise.\r\n\r\nThe IAC meets quarterly to review investments, investment managers and consultants, goals and objectives of each fund. The three voting members of the committee can force the state treasurer to divest from a particular pension fund investment or to make a specific investment. Meanwhile, the Mackinac Center for Public Policy, a think-tank based in Midland, Mich., has repeatedly questioned the competence of pension fund leaders, especially those over seeing the Public School Employees Retirement System.", "source": "Caleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, April 21-26, 2015 \r\n\r\nTerry Stanton, communications director, Treasury Department, email conversations, May 1, 2015 \r\n\r\nOffice of Retirement Services website; https://www.michigan.gov/ors/ \r\n\r\nMackinac Center for Public Policy, 2010-14 compilation, \"Michigan's Pension Underfunding Problem\" http://www.mackinac.org/20884#our_research " }, { "number": 235, "name": "In practice, pension investment decision-makers are protected from political interference.", "criteria": "A 100 score is earned if the decision-makers of the state-run pension funds always operate with independence from any branch of the state government, making investment and fund-management decisions without fear or favor. \r\n\r\nA 50 score is earned if the decision-makers' independence is occasionally restricted, or they occasionally make decisions based on fear or favor (e.g. public criticism or praise by state officials).\r\n\r\nA 0 score is earned if the decision-makers' independence is regularly restricted, and decisions are frequently made based on fear or favor.", "details": "", "answer": "75", "explanation": "In reality, political interference from the executive and legislative branches is not an issue that's raised in regard to the state pension systems. \r\n\r\nHowever, a backstop role beyond the pension boards is played by the Investment Advisory Committee, under the Department of Treasury. The IAC is comprised of three members outside of government with a financial background – appointed by the governor on a rotating basis – and two ex-officio members from within who have budget and finance expertise. The fact that the three voting members of the IAC are gubernatorial appointees can raise skepticism about the objectivity of the pension fund system. \r\n\r\nYet, the Michigan retirement system is essentially controlled by a group a group of administrators within the Treasury Department. \"The Bureau of Investments at Treasury is a technocratic group that makes the investment decisions for the pension system,\" explained researcher James Hohman, director of fiscal policy at the Mackinac Center for Public Policy in Midland, Mich. \"They report to the advisory committee. They seem to perform like their peers in other states and have avoided the investment scandals that have been reported elsewhere.\"", "source": "Phil Stoddard, director of Michigan Office of Retirement Services, phone interview, May 18, 2015 \r\n\r\nKerrie Vanden Bosch, deputy director, Michigan Office of \r\n\r\nRetirement Services, phone interview, May 18, 2015Caleb \r\n\r\nBuhs, public information officer, Department of Technology, Management and Budget, email conversations, April 21-26, 2015 \r\n\r\nTerry Stanton, communications director, Treasury Department, email conversations, May 1, 2015 \r\n\r\nJames Hohman, writer/researcher, Mackinac Center for Public Policy, phone interview, May 9, 2015, email conversation, June 29, 2015" } ], "number": 13.2, "name": "Are the laws and regulations requiring that state-run pension funds be managed transparently effective?" }, { "questions": [ { "number": 236, "name": "In practice, pension investment decision-makers recuse themselves from actions in which they may have a conflict of interest.", "criteria": "A 100 score is earned if the decision-makers at the state-run pension funds regularly recuse themselves from any action that could confer a benefit to them or their immediate family. \r\n\r\nA 50 score is earned if the decision-makers of the state-run pension funds occasionally do not recuse themselves from actions that could confer a benefit on them or their immediate family.\r\n\r\nA 0 score is earned if the decision-makers of the state-run pension funds never or rarely recuse themselves.", "details": "", "answer": "50", "explanation": "In practice, the Michigan retirement system is essentially controlled by a group a group of administrators within the Treasury Department's Bureau of Investments. A 3-member Investment Advisory Committee, consisting of gubernatorial appointees, provides oversight. But they do not have fiduciary control over the state's five pension funds and they do not choose investments or disinvestments. \r\n\r\nAs a result, officials say they cannot recall an IAC member ever recusing himself from any agenda items. In addition, the IAC members are not required to disclose their sources of income and assets, so those attending IAC meetings cannot know if any members have conflicts of interest regarding any particular discussion.\r\n\r\nWhat’s more, the IAC Code of Conduct requires a recusal if a board member has a conflict of interest but the issue never arises, according to Treasury Department officials. The IAC minutes of recent years demonstrate that they meet quarterly, usually for 90 minutes or less, and these sessions typically consist of presentations by the Bureau of Investments and outside investment advisors. No true decisions are made, except to approve the minutes from the prior meeting.", "source": "Terry Stanton, communications director, Treasury Department, email conversations, June 11 and 25, 2015 \r\n\r\nCaleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, April 21-26, 2015 \r\n\r\nJames Hohman, writer/researcher, Mackinac Center for Public Policy, phone interview, May 9, 2015 \r\n\r\nInvestment Advisory Committee quarterly reports/meeting minutes 2015 http://www.michigan.gov/treasury/0,4679,7-121-1753_37621_66445_67726---,00.html \r\n\r\nIAC quarterly reports/meeting minutes 2014 http://www.michigan.gov/treasury/0,4679,7-121-1753_37621_66445_71378---,00.html IAC quarterly reports/meeting minutes 2013 http://www.michigan.gov/treasury/0,4679,7-121-1753_37621_66445_66448---,00.html" }, { "number": 240, "name": "In practice, decision-makers at state-run pension funds adhere to the law governing gifts and hospitality.", "criteria": "A 100 score is earned if there are no documented cases of members of decision-makers at state-run pension funds and/or family members accepting gifts or hospitality above what is legally allowed.\r\n\r\nA 50 score is earned if there are occasional documented cases of decision-makers and/or family members accepting gifts and hospitality above what is legally allowed.\r\n\r\nA 0 score is earned if decision-makers and/or their family members routinely accept gifts and hospitality above what is legally allowed.", "details": "", "answer": "75", "explanation": "No cases have been documented that show pension board members -- or their families -- have unduly gained from gifts and hospitality. However, in reality the pension board members play a minimal role, handling administrative matters and occasional disputes over the amount of retirement funds an individual employee or retiree is eligible for. They do not make decisions about investments or hiring outside investment advisers.\r\n\r\nOfficials say that no violations of gifts/hospitality rules have occurred at the Investment Advisory Committee, the other half of Michigan's two-tiered oversight system. But the IAC, despite its name, has no fiduciary control over the pension system. So, the IAC members, like the members of the five pension boards, are not the subject of gift-giving.\r\n\r\nThe real decisions are made by analysts at the Bureau of Investments and the state's weak, self-policing gift disclosure process makes it very difficult to know if bureau employees are unduly influenced by outside forces.\r\n\r\nOverall, the state does not have a gift registry and it is up to bureau employees to self-report gifts, including those bestowed on family members, that could influence their workplace decisions. The rules apply to immediate family, which is defined as \"an employee’s grandparent, parent, parent-in-law, stepparent, sibling, spouse, child, or stepchild.\"", "source": "James Hohman, writer/researcher, Mackinac Center for Public Policy, phone interview, May 9, email conversation, June 29, 2015 \r\n\r\nTerry Stanton, communications director, Treasury Department, email conversations, June 26, 2015 \r\n\r\nPhil Stoddard, director of Michigan Office of Retirement Services, phone interview, May 18, 2015 \r\n\r\nCaleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, April 21-26, May 6, 2015" }, { "number": 242, "name": "In practice, decision-makers at state-run pension funds adhere to the law governing private sector employment after leaving office.", "criteria": "A 100 score is earned if there are no documented cases of officials taking jobs in the private sector that entail directly lobbying or seeking to influence their former government colleagues, without an adequate cooling-off period.\r\n\r\nA 50 score is earned if there are occasional instances of officials taking jobs without observing an adequate cooling-off period.\r\n\r\nA 0 score is earned if no cooling-off periods exist or they are routinely ignored.", "details": "", "answer": "0", "explanation": "Michigan has no \"revolving door\" law or any statutes that require a \"cooling-off period\" for pension fund officials. \r\n\r\nAs a result, the public cannot determine if decisions made by pension board members, Investment Advisory Committee members or Treasury Department officials are influenced by job offers or future employment that could present conflicts of interest.", "source": "James Hohman, writer/researcher, Mackinac Center for Public Policy, phone interview, May 9, 2015\r\n\r\nMichael Hodge, former assistant attorney general, attorney specializing in state government and election law, phone interview, May 8, 2015 \r\n\r\nJeremy Steele, Michigan State University journalism professor, former member of national board of directors for the Society of Professional Journalists, co-founder of the Michigan Coalition for Open Government, phone interview, May 7, 2015" } ], "number": 13.4, "name": "In practice, regulations governing conflicts of interest of members of the board or the management of the state-run pension funds are effective?" }, { "questions": [ { "number": 237, "name": "In law, decision-makers at state run pension funds are required to file asset disclosure forms.", "criteria": "A YES score is earned if the law requires decision-makers at state run pension funds to file an asset disclosure form, and the disclosures are publicly available. \r\n\r\nA NO score is earned if no such law exists, or it exists, but the disclosure forms are not available to the public.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" }, { "number": 239, "name": "In law, gifts and hospitality offered to decision-makers at state-run pension funds are regulated.", "criteria": "A YES score is earned if the law regulates gifts and hospitality offered to decision-makers at state-run pension funds and their immediate family.\r\n\r\nA MODERATE score is earned if the law regulates gifts to decision-makers, but not their family.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "MODERATE", "explanation": "Employees of the Bureau of Investments in the Treasury Department, as employees of the executive branch, are subject to the state Ethics Act, which says they must not solicit or accept a gift which tends to influence the way they perform their official duties.", "source": "State of Michigan Ethics Act http://www.michigan.gov/mdcs/0,1607,7-147-6881_13592-26139--,00.html" }, { "number": 241, "name": "In law, there are restrictions on decision-makers at state-run pension funds entering the private sector after leaving the office.", "criteria": "A YES score is earned if the law mandates cooling-off periods for decision-makers in state-run pension funds taking positions in the private sector after leaving their pension fund positions. These apply if the private sector positions present a conflict of interest, such as seeking to influence their former colleagues.\r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "NO", "explanation": "No such law exists", "source": "No such law exists" } ], "number": 13.3, "name": "Are there regulations governing conflicts of interest of members of the board or the management of the state run pension funds?" }, { "questions": [ { "number": 238, "name": "In practice, citizens can access the asset disclosures of decision-makers at state-run pension funds within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if records are available online at no cost, can be obtained electronically within a week, or in paper for no more than the cost of photocopies.\r\n\r\nA 50 score is earned if it takes two weeks to obtain records, requesters are required to visit an office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain records, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "0", "explanation": "Such records do not exist. As a result, the public cannot ascertain any connections between personal assets held by pension board members, Investment Advisory Committee members or Office of Retirement Services officials and the influence they have regarding pension funds. ", "source": "Caleb Buhs, public information officer, Department of Technology, Management and Budget, email conversations, April 21-26, May 6, 2015\r\n\r\nTerry Stanton, communications director, Treasury Department, email conversations, May 1, 2015 \r\n\r\nPhil Stoddard, director of Michigan Office of Retirement Services, phone interview, May 18, 2015" }, { "number": 243, "name": "In law, state-run pension funds are required to publicly disclose detailed information about their investment activities.", "criteria": "A YES score is earned if in law, state-run pension funds are required to publicly disclose detailed information of all activities, including investment positions, fees, performance reports, contracts, consultant reports, and commissions paid to brokers.\r\n\r\nA MODERATE score is earned if state-run pension funds are required to publicly disclose the information, but private entities managing elements of state pension funds are not required to disclose all of the elements listed above. \r\n\r\nA NO score is earned if no such law exists.", "details": "", "answer": "YES", "explanation": "The state law covering retirement funds states that an annual report for each pension fund must be made available to the public. It also requires disclosure on the Treasury Department website. In addition, the Office of the Auditor General, as outlined by state law, conducts periodic audits of the retirement system and publishes its findings online.", "source": "Retirement System Investment Act 1965, Michigan Compiled Code Section 38.1140 h(6)\r\nhttp://www.legislature.mi.gov/(S(wtehycuiyej0yjdyfp11lruo))/mileg.aspx?page=getObject&objectName=mcl-38-1140h \r\n\r\nTreasury Department, Bureau of Investments http://www.michigan.gov/treasury/0,1607,7-121-1753_37621---,00.html. \r\n\r\nWebsites accessed 17 August 2015" }, { "number": 244, "name": "In practice, citizens can access information on state pension funds within a reasonable time period and at no cost.", "criteria": "A 100 score is earned if information on state pension funds is readily available online at no cost, can be obtained electronically within a week for free , or in paper for no more than the cost of photocopies. To score a 100, the information must also include private management of the state-run pension funds, investment positions, fees, performance reports, contracts, consultant reports, and commissions paid to brokers.\r\n\r\nA 50 score is earned if most but not all the information is readily available and/or it takes two weeks to obtain the information, requesters are required to visit an office, or a fee must be paid.\r\n\r\nA 0 score is earned if it takes more than a month to obtain records, the cost is prohibitive, or they cannot be obtained at all.", "details": "", "answer": "100", "explanation": "Detailed information about state pension funds is readily available online for free. The details in the annual reports from the Office of Retiree Service include costs incurred, investments held, performance summaries, and the names of private management firms paid as outside advisors. Fees, performance reports, and consultant reports are also posted on the Treasury Department's transparency website. The information on outside investment managers includes categories of investments and accompanying dollar amounts handled by these advisors; each firm's number of shares traded and commissions received; and each firm's research costs and commissions received per share traded. ", "source": "Terry Stanton, communications director, Treasury Department, email conversations, June 26, 2015 \r\n\r\nMichigan Bureau of Investments http://www.michigan.gov/treasury/0,1607,7-121-1753_37621---,00.html \r\n\r\nMichigan Department of Treasury, Quarterly Investments http://www.michigan.gov/treasury/0,4679,7-121-1753_37621_66445---,00.html \r\n\r\nOffice of Retirement Services, Comprehensive Annual Financial Reports http://www.michigan.gov/ors/0,1607,7-144-6183_34726-109600--,00.html \r\nvia the Bureau of Investment’s website at: http://www.michigan.gov/treasury/0,1607,7-121-1753_37621---,00.html. \r\n\r\nOffice of Retirement Services, Actuarial Information http://www.michigan.gov/orsschools/0,4653,7-206-47004_47251---,00.html \r\n\r\nDepartment of Treasury Monthly Scorecards\r\nhttp://www.michigan.gov/openmichigan/0,4648,7-266-60201_60951---,00.html" }, { "number": 245, "name": "In practice, state pension funds information is made available in open data format.", "criteria": "A 100 score is earned if state pension funds information is made available online and can be easily accessed, downloaded in bulk, and in machine-readable format.\r\n\r\nA 50 score is earned if state pension funds information exists online, but cannot be easily accessed and/or downloaded in bulk, but can be downloaded in machine-readable format.\r\n\r\nA 0 score is earned if no state pension funds information is available online or it is but cannot be downloaded.", "details": "", "answer": "25", "explanation": "Information on the state pension funds is available quarterly -- and in much more detail annually -- online for free by the Department of Treasury. The online \"Michigan Dashboard\" offers details on the long-term funding gaps in the state's pension funds. \r\n\r\nInformation is released to the public within days of its completion and provided online with no barriers. However, all records are in pdf formal only. ", "source": "Phil Stoddard, director of Michigan Office of Retirement Services, phone interview, May 18, 2015 Michigan Bureau of Investments; http://www.michigan.gov/treasury/0,1607,7-121-1753_37621---,00.html \r\n\r\nMichigan Dashboard, Pension Funding; https://midashboard.michigan.gov/en/stat/goals/izn5-5x5a/arky-ngqu/3u87-77tj \r\n\r\nSunlight Foundation; http://sunlightfoundation.com/policy/documents/ten-open-data-principles/" } ], "number": 13.5, "name": "Can citizen access disclosures and pension fund documents?" } ], "name": "State Pension Fund Management", "score": 30.4, "rank": 50 } ], "score": 50.5, "grade": "F", "rank": 50 }