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Bill would prevent local governments from creating employment policies in their area

June 2, 2015

A bill currently working its way through the state Legislature would prohibit local units of government from establishing ordinances, resolutions or policies; attempting to control certain employment-related matters.

House Bill 4052, introduced in January by Rep. Earl Poleski, R-Jackson, would prevent local governments from creating their own policies regarding minimum wage, fringe benefit rules, leave requirements and things of that nature.

“It is much easier for someone to make an investment and hiring decision when the rules are clear and not fragmented,” Poleski said. "So, if someone were to be making an employment decision or investment decision in any particular town in Michigan, they would know — if this bill were to be passed — that whatever the state or federal law is, would be what applies. They would not have to research individual local ordinances to determine what the rules are if they are going to invest and hire in a particular unit of government.” 

The bill has faced a fair amount of opposition, however, from local city leaders across the state, such as East Lansing mayor Nathan Triplett, who thinks it takes too much power away from local governments.

Triplett said, “I think that this bill is a sweeping overreach by the legislature that intrudes into the ability of local communities across Michigan to govern their own affairs and make decisions that reflect the values of those communities and are best for the taxpayers in cities across Michigan.”

Sen. Curtis Hertel Jr., D-East Lansing, agreed, saying that while uniformity across the state might appear good to some, it prevents communities from taking care of their individual wants and needs.

“I think the needs in small areas and large areas and different communities are different, and the state shouldn't be regulating what the cities can do in that regard,” Hertel said. 

Triplett said the local governments are supposed to be a “laboratory of democracy” where cities, townships and counties can experiment and innovate without the state government applying a one-size-fits-all approach.

Triplett said another issue with the bill is how wide-ranging it is.

“I can’t, the bill sponsor can’t, the members of the House who voted on this bill, none of us can tell you every policy, ordinance or resolution that that will invalidate," Triplett said.

The bill passed through the House of Representatives on May 20, with a 57-52 vote and was referred to the Senate’s Michigan Competitiveness Committee.

Before passing the House, an amendment was adopted to make clear the purpose of the bill was not to allow employer discrimination based on sexual orientation or gender identity.

The amendment saved 39 local nondiscrimination ordinances across the state from becoming voided by the bill. This would have included East Lansing’s nondiscrimination ordinance, which was the first of its kind in the country, when passed back in March of 1972, Triplett said.

Hertel said while he was happy to see that amendment made, he will still try to do everything in his power to ensure the bill does not pass through the Senate.

“I think that it’s funny,” Hertel said. “You know, for all these conservatives that talk about believing in small government, it seems like they only believe in small government when they agree with what local governments are doing. I think it is a giant state overreach, and we shouldn’t stand for it.”

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