A joint statement from Governor Gretchen Whitmer (D), Senate Majority Leader Winnie Brinks (D-Grand Rapids) and House Speaker Matt Hall (R-Richland Township) Tuesday announced there will be no state government shutdown at midnight even if a budget deal is not finalized.
“As drafting continues, I’m grateful to legislators on both sides of the aisle for their work and I am ready to conduct a final legal review and sign it into law after they send me the budget,” Whitmer said. “Meanwhile, state government will continue providing uninterrupted services and all state employees will work tomorrow, getting things done for their fellow Michiganders. We’re almost there. Let's get it done.”
Earlier, state employees were told there would be no layoffs and they should report for work Wednesday morning.
“They have been told to show up for work tomorrow, that there is no shutdown, and that they’re reaching a budget deal,” said Rachael Dickinson, president of UAW Local 6000, one of the largest state employee unions. Dickinson said state employees are relieved they will still have paychecks following weeks of non-communication from the state.
Secretary of State Jocelyn Benson, who supervises one of the most public-facing state government departments, said there were no plans to scale back branch office services.
“All the information we have right now indicates that we will be able to come to an agreement in line with the law’s requirements,” Benson said at an afternoon event in Detroit.
But, there is pretty much no way a final budget can be completed by the Legislature at this point before the midnight deadline with the proper due diligence, including a line-by-line review of budgets.
It appears a stop-gap plan is being concocted to allow state government to continue operating without adopting a new budget. It could involve some unilateral action by the governor to direct state departments to remain on duty past midnight.
But questions remain about how that plan would work.
When asked, Representative Alabas Farhat (D-Dearborn) told reporters, "the Constitution gives the governor the authority to deem certain departments essential. And again, I mean, she has a plan. She has great lawyers. I would take it up with her."
We are not hearing much, but informed speculation is that there could be some type of executive directive or order to continue interim spending. It would be, to say the least, innovative.
Even if the stopgap plan is questionable, it would take a court challenge to block it.
That would seem unlikely to succeed because during the time it would take a plaintiff to draft a challenge and a request for emergency relief, establish standing to file a lawsuit, and then get a judge to review the case, the Legislature could reach a bipartisan deal and the active controversy required to get a judgement would evaporate.
