Thread: Panel tells Mich. how to bypass Prop 2

Shades of CA, people be damned!

The most controversial finding of the report, however, centers on a little-known exception to Proposal 2 that sanctions affirmative action programs if they are necessary for eligibility for federal funds.

LANSING -- A report by the Michigan Civil Rights Commission released Wednesday offers a roadmap for skirting Proposal 2 rather than a guidebook for complying with the new law, say critics, one of whom threatened to sue if the state follows the panel's recommendations.

"I have a fear that you are going to try to use this to circumvent Prop 2 and the will of the people," Chetly Zarko, a former communications director for the Michigan Civil Rights Initiative committee, the group that got Prop 2 on the ballot, told the commission. "We will be watching you."

In November, 58 percent of Michigan voters approved Proposal 2, a constitutional amendment that bans the use of race and gender preferences in university admissions and government hiring and contracting. Two days after the election, Gov. Jennifer Granholm ordered the Michigan Civil Rights Commission to release a report within 90 days on the impact Proposal 2 would have on state government programs and how to preserve diversity within the confines of the new law.

The commission and Granholm were opposed to Prop 2.

The long-awaited 66-page report, approved unanimously Wednesday, found that Prop 2 doesn't ban all affirmative action programs and that outreach efforts to certain minority groups are OK, as long as they're not exclusively to those groups. Just eight out of 45 state programs reviewed by the commission have potential conflicts with Proposal 2, but the commission suggested language changes to expand programs.

The most controversial finding of the report, however, centers on a little-known exception to Proposal 2 that sanctions affirmative action programs if they are necessary for eligibility for federal funds.

Federal funds seen as a boon

The commission recommends that state agencies go after federal funding that has affirmative action requirements. In fact, the commission plans to compile a list of all the federal programs that have affirmative action requirements. The list will be circulated throughout state government, and departments are advised to see if they could be eligible and then comply with affirmative action requirements.

"Federal funding to any state is a win/win," said Linda V. Parker, director of the Michigan Department of Civil Rights, which conducted the study on behalf of the commission. "We see an opportunity to pursue federal funding and we see the opportunity being presented to bring in federal dollars while at the same time being able to promote diversity."

Meanwhile, the report found that a major program at the Michigan Department of Transportation that grants preferential treatment to women and minorities in road contracts is permissible under the new law.

"We will be in court pretty soon if they try to implement that recommendation," said Ward Connerly, a former University of California regent who is a major backer of Proposal 2 and California's similar Proposition 209.

MDOT's contracting policy sets aside about 10 percent of its highway work for companies owned by women and minorities.

Connerly argues the federal government may require affirmative action efforts, such as outreach, but that doesn't mean preferential treatment. If MDOT continues using set-asides, Connerly says he'll sue to enforce Prop 2.

However, transportation officials -- and now the Michigan Civil Rights Commission -- have said the program is a federal requirement. Millions of dollars for Michigan roads would be at risk without it.

The commission interviewed leaders at 17 state departments and six state agencies for its report. The departments of Secretary of State and Attorney General did not grant the commission interviews, Parker said.

Aside from MDOT and the Michigan Department of Environmental Quality, none of the departments or agencies used affirmative action plans that discriminated or used preferential treatment in their hiring and contracting processes. Like MDOT, the Department of Environmental Quality must retain its affirmative action programs to comply with federal law, the commission said.

Strings attached

It's clear that some federal programs require states to participate in affirmative action programs to receive money, said Jonathan Weinberg, a professor at Wayne State University Law School.

"The trick is not just to land (a federal contract), it has to be one that's tied to affirmative action requirements," said Weinberg, an expert on constitutional law. "The problem there is the federal government isn't a big fan of imposing those requirements, so I don't know how many programs there actually are that have those sorts of strings attached to them."

The eight state statutes that appear to violate Prop 2 are in: collective bargaining agreements, foster care, higher education, Commission on Spanish Speaking Affairs, minority-owned and women-owned businesses, minority student grants, single business tax credits and special needs adoption.

"We didn't find that there would be a huge impact on state contracting and hiring and it appears they are finding the same thing," said Jill Roof, a research associate at Citizens Research Council and primary author of the group's analysis of Proposal 2.

The report has been handed over to the governor.

"Now we have to review it and decide what, if any, steps we need to take." said Liz Boyd, spokeswoman for Granholm.

http://www.detnews.com/apps/pbcs.dll/ar ... 26/SCHOOLS

Commission on Spanish Speaking Affairs

I wonder what they do??!!!

Sounds like Oregon, we vote for Property Rights reform and the government kills it, twice. We vote against light rail, 4 times, they build it anyway. They propose an ariel tram at 7 million, the cost balloons up to more than 5 times that and the public goes nuts. They build it anyway. Portland's mayor proposes a way that he multiplies his power 5 fold, he'll get it. Illegals can get a license to drive with no proof of ID. The people take the governor to task and he promises in his last campaign to change the policy. Let's put it this way, if hold our breath, we'll turn blue.

People of Michigan should fight this like they have never fought before. Politicians are getting hammered right now by people tired of getting screwed, turn up the heat!