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Five Options for Addressing ‘Transition Costs’ When Closing the MPSERS Pension Plan

Michigan Public School Employee Retirement Plans
in Need of Reform

This study considers the supposed ‘transition costs’ that would be effected by a state switch from a defined-benefit to defined-contribution retirement system. In it, the “transition costs” are found to be nonbinding and discretionary. In addition, the study offers the state a series of reforms that would diffuse such costs, as well as consideration for the long-term fiscal improvements that would arise from payment of the pension’s unfunded liabilities. more

Loar v. Michigan Department of Human Services Brief

This booklet contains the Mackinac Center Legal Foundation’s final legal filing in a nationally known case involving the illegal unionization of Michigan’s home-based day care business owners and providers as government employees. Wright argued the case in the Michigan courts on behalf of Sherry Loar, Michelle Berry and Paulette Silverson, who each own home-based day care businesses.

The Mackinac Center Legal Foundation sued to end the DHS' illegal diversion of so-called "union dues" from state subsidy checks received by home-based day care providers who watch children from low-income families. The "dues" were funneled to a government-employee union that purports to represent more than 40,000 of Michigan's home-based day care providers, who are actually private business owners and independent contractors.

The case was ruled moot by the Michigan Supreme Court after the DHS ceased to collect the dues and the DHS director stated that these home-based day care providers are not public employees.

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101 Recommendations to Revitalize Michigan

(Editor's note: These recommendations were originally posted in January 2009. They were updated in January 2011, and a Top 10 list was added. You may view PDFs of the previous versions: the Second Edition, with an introduction by Mackinac Center President Joseph G. Lehman, and the First Edition.)

Michigan is blessed with a wealth of the human and natural resources integral to building vibrant commerce and vigorous communities in the 21st century. At the moment, however, counterproductive public policies have made it harder for our industries to compete nationally and internationally and have reduced our state’s attractiveness to investors and entrepreneurs.

In addition, Michigan is not immune to the gradual erosion of equity and basic human freedom that accompanies a steady growth in the power and scope of government. Related to this, our government’s ability to properly perform many critical functions, including education, has been jeopardized by policymakers’ attempts to do too many things. This lack of focus has even led to confusion among policymakers over whether government exists to serve the people or vice versa.

There’s a lot of work to do to reverse this, but there’s good news. Once growth- and freedom-friendly policies are in place, recovery is likely to occur much more quickly than most people imagine.

For policymakers and voters serious about restoring freedom and economic vitality in the Great Lakes State, the Mackinac Center presents the following 101 recommendations.

This report is a compendium of work authored by Mackinac Center policy analysts and compiled by Senior Legislative Analyst Jack McHugh. The brief recommendations inevitably omit some nuance and detail. These are provided more fully in the online articles cited with each recommendation.

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Michigan School Privatization Survey 2010

Privatization of support services has been a method that Michigan school districts have used for several years to lower costs. More than ever before, Michigan school districts are privatizing the three main support services they offer — food, custodial and transportation. Our annual survey finds that 48.8 percent of Michigan school districts are contracting out for these services. This is an 8 percent increase over 2009.

The largest impetus for contracting is cost savings. The survey found that first-year contracts alone are expected to save districts $16.7 million cumulatively.

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Howell Education Association v. Howell Board of Education

Just what constitutes a public record? Are documents created by a public official on a public computer system “public records” under Michigan's Freedom of Information Act? In this "friend of the court" brief, Mackinac Senior Legal Analyst Patrick J. Wright argues the answer is “yes” and warns that a failure to readily disclose such documents would seriously undermine FOIA's value.

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Michigan School Privatization Survey 2009

With Michigan’s public school districts facing a decline in per-pupil funding, more districts are contracting out for at least one of the three major school support services — food, custodial and transportation — than ever before. This year’s survey of school districts found that 44.6 percent of all Michigan school districts contract out for at least one of these services, a 5.6 percent increase over 2008. This year, new contracts alone are expected to save $6.9 million.

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The Michigan Economic Development Corporation: A Review and Analysis

Video by Kathy Hoesktra, Mackinac Center communications specialist

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Leveling the Playing Field

What Michigan Public School Academy Leaders Need to Know About Union Organizing

A guide to labor law for charter school staff. This 105-page book explains how Michigan's labor law works and in particular how and why unions are formed. The book also gives advice on how charter schools can maintain good relations between teachers and administrators.

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Michigan School Privatization Survey 2008

Privatization of school support services is a time-tested means for lowering educational costs. The three major services that school districts in Michigan contract out for are food, custodial and transportation. The Mackinac Center for Public Policy's survey of privatization is the longest running and most comprehensive source of school support service data in the nation. more

Cigarette Taxes and Smuggling

A Statistical Analysis and Historical Review

In this study, the authors consider cigarette smuggling from two angles. First, they employ a statistical model to estimate the degree to which cigarette smuggling occurs in 47 of the 48 contiguous U.S. states. Second, they review the historical experiences of three states — Michigan, New Jersey and California — known to have problems with cigarette smuggling. The author's findings suggest that state policymakers should reassess the value of cigarette taxes as a revenue and public health tool.

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Proposal to Raise Fees on Television Providers is Unnecessary, Likely to Increase Cable Rates

The State should not allow municipal governments to increase public, education and government channel fees when there is no evidence of additional demand.

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Mackinac Center Amicus Curiae Brief in In re Complaint of Rovas Against SBC Michigan

The Mackinac Center’s brief urges the Michigan Supreme Court to hold that the judiciary need not defer to administrative agencies’ interpretations of ambiguous statutes. Alternatively, because Michigan courts (unlike federal courts) have not determined that agency rules created through formal adjudication are equivalent to rules created through notice-and-comment rulemaking, the Court could hold simply that there is no judicial deference to rules created through adjudication, leaving aside the question of deference to notice-and-comment rules.

The Michigan Supreme Court decided the case in July 2008. The justices held that the rulings of state agencies should not receive deference from the courts and that the Michigan judiciary hence plays an integral role in reviewing the legality of agency actions. The ruling places a direct check on the power of state agencies to interpret and to act upon laws passed by the Michigan Legislature.

The decision is a landmark in Michigan jurisprudence, particularly since it diverges from federal jurisprudence, which grants almost unlimited power to federal agencies in implementing laws passed by Congress. The court's ruling was substantially in agreement with the arguments presented in this brief.

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A Teacher Quality Primer

For Michigan School Officials, State Policymakers, Media and Residents

While it is true that Michigan students learn a variety of skills in their time at school, perhaps the most important charge of public schools, beyond providing a safe and healthy environment, is to ensure that students are learning "the three R’s." Unfortunately, the achievement levels of Michigan public school students raise doubts about the quality of public education in the state. This volume has been written to assist local and state policymakers who want to initiate and support teacher quality reforms to improve Michigan's primary and secondary schools. more