School Board, such as the Resolution, were nullified.
Citizens of the United States not under PA 436 still enjoy the right to file a complaint and receive the
services of the Department of Justice offices without retaliation. Apparently, under PA 436, Mr. Earley’s
position supersedes Federal Law and the rights of citizens to file complaints about violations of Title VI.
Under PA 436, he is therefore currently authorized to use his authority to punish the reporting of possible
crime and violations.
He is clear in his letter he can act on the Board’s behalf and discipline them from any actions that he does
not approve of, such as the Resolution.
This is now a hostile environment. Everyone realizes, if the attorney and Governor’s staff, who were copied
in the communications by Earley, did not approve of his actions, or found them unlawful, would not his
actions be corrected? Therefore, he is retaliating with the Governor’s approval. Earley writes in his letter
explaining his right to discipline them stop them from meeting and nullify Board actions, saying that PA
436 has been thoroughly reviewed, and is constitutional. It may be, however, there are many issues
impacting residents under Emergency Management (PA 436) and the use of the term (PA 436) in the emails
simply expresses a time period. Much ado about nothing. Under PA 436, as used by Governor Snyder, mere
words cause heavy handed reactions such that there is general fear in the community.
The Emergency Manager applies PA 436 to makes him a law unto himself, negating the rights of all parents,
students, board members and employees from exercising a right they would have if not for PA 436 to
communicate to the Federal government about violations of other Federal laws and protections (other than
Title I). PA 436 gave the Emergency Manager the right to nullify the School Board’s resolution to ask the
DOJ for help. Even though, PA 436 gives the School Board the Right to send an Alternative Plan to the
Emergency Loan Board, PA 436 also gives the Emergency Manager the right to nullify an alternative plan.
The burden on the tax payers, voters, students, parents and employees of the district to lose their Federal
right to file a complaint because he nullifies our voice appears to be the law as he sees it. We are choosing
to file it anyway. We won’t wait for Joyce Zarrieff to send it, we are mailing it ourselves.
We believe that the alternatives were possible. However, the Emergency Manager believes it is his choice
to follow them or not. That is our impasse. When we send this in, we are frightened, but we must be fully
prepared to accept the retaliation we will suffer because that is how it is in Detroit right now.
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