Bills Aiming to Protect Property from Overzealous Forfeiture Clear First Hurdle
House overwhelmingly approves eight bills
House lawmakers overwhelmingly passed a package of bills that will improve uniformity, transparency and accountability for the practice of civil asset forfeiture in Michigan and raise the burden of proof in cases from “preponderance of evidence” to “clear and convincing.” Another bill prohibits police from seizing cars in possession cases of one ounce or less of marijuana. There were eight bills in total (HB 4499, 4500,4503, 4504,4505, 4506, 4507,4508) and all except 4508, the bill protecting vehicles in marijuana possession, passed by 100 or more votes.
Sponsors of reform were encouraged by the strength of passage and think that will bid well for favorable reception in the Michigan Senate.
“I think I did my diligence as chair of the Judiciary Committee (which reviewed the bills initially). I was a prosecutor and did forfeiture cases. I had contacts and got their input and knew the issues,” said Rep. Klint Kesto, R-Commerce Township, who sponsored one of the bills, HB 4504.
“As far back as the Ten Commandments and 'thou shalt not steal,' private property rights has been a defining value in the Judeo Christian ethic. These bills are all about protecting property rights,” said Rep. Gary Glenn, R-Midland, who sponsored HB 4499.
Also in favor of the bills was Rep. Tom Leonard, R-DeWitt Township, a former drug prosecutor in Flint.
“I never witnessed abuse but always questioned where it could happen. Anytime you have a system in place that doesn’t have heightened scrutiny in place and it is not transparent, it opens the door for abuse. Today was a great step and huge victory for the people of Michigan,” Leonard said.
The bills do not end civil asset forfeiture altogether. But Rep. Jeff Irwin, D-Ann Arbor, who sponsored the bill on vehicle seizures in marijuana cases, supports such a change. He believes the current bills are a good first step.
“We are leading toward meaningful reform. We are targeting the worst abuses and for now I think this is a responsible way to approach this,” Irwin said.
Kesto thinks once more stringent and uniform reporting requirements in place, lawmakers will have a better idea how far they need to go in protecting private property.
“Once you start gathering the data, you can analyze it. And once it is clear and you have consistent reporting, then we can look at the data and do this better,” Kesto said.
He says currently there is no way to verify what has been seized and forfeited. Police may deny seizing all property claimed by individuals because there is no documentation.
Leonard also voted for the bill.
The main bill, House Bill 4504, creates the Uniform Forfeiture Reporting Act, which requires all police agencies to report the number of forfeiture proceedings, their status, an inventory list, the date and value of property seized and its final disposition. The Michigan State Police would compile this information each year and post the data on its website.
Irwin believes that with stricter reporting requirements, police may think twice about what is forfeited and why.
“I think there is going to be some self-correction. This can have a big impact on the potential to protect the injured, just like we saw in body cameras on police in California,” said Irwin.
Michigan scored a “D minus” in a 2010 review in civil asset forfeiture laws by the Institute of Justice. The institute testified in support of the bills, as did the ACLU, the National Federation of Independent Business, Michigan Moms United, and Law Enforcement Against Prohibition (LEAP).
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
Tying Teacher Evaluations to Student Achievement Would Be Major Reform
Reluctant school administrators often greatest barriers to reform
According to Bridge Magazine, some teacher accountability advocates are upset at a proposal to give school districts more control over how teachers are evaluated. The issue, reports Bridge writer Ron French, is that legislation put forward by Sen. Phil Pavlov, R-St. Clair, would not impose statewide criteria for districts to use when evaluating teachers.
However, it appears that what Bridge Magazine characterizes as "a single, powerful senator kill[ing] serious reform of teacher evaluation" amounts to Pavlov refusing to prescribe a list of particular “evaluation models” to local school districts.
The legislation proposed by Pavlov would require by 2018-19, broadly:
— Up to 40 percent of a teacher's total evaluation would be based on student academic growth: This would be split between academic growth as measured on state tests and academic growth as measured by the district. The split prescribed in the legislation would require at least 16 percent of a teacher's total evaluation to depend on state tests, and the remaining portion of a teacher's evaluation that depends on student growth (up to 24 percent) would depend on a measure chosen by the local school district.
— Another 60 percent of a teacher's evaluation would depend on a method chosen by the district. The evaluation method would have to be used consistently across a district's schools, with information about the tool posted on the district's website, including research backing its use and the qualifications of the person who created it, among other things.
In comparison, the legislation that French describes as a “tougher teacher evaluation bill” is very similar. Student academic growth would account for a significant portion (40 percent) of a teacher's evaluation: As with the Pavlov legislation, this portion is split between academic growth as measured by state assessments and academic growth as determined by the district. An earlier version of this proposal in 2014 had this split at 50-50, but would also have allowed districts to opt out of using state test data entirely, and instead use local information to measure teachers.
The key difference between Pavlov's legislation and earlier teacher evaluation legislation is that Pavlov's bill does not specify which teacher evaluation models local school districts must use. The earlier bill did.
The rejected legislation spelled out specific evaluation tools a district could use, including the "Charlotte Danielson Framework for Teaching," the "R. Marzano Teacher Evaluation Model," the "Thoughtful Classroom," and the "5 Dimensions for Teaching and Learning." It also gave the Michigan Department of Education the power to determine other acceptable evaluation tools.
It is understandable for some to want to micromanage school districts to this degree. After all, even though the Michigan Legislature empowered school officials to evaluate teachers and to make hiring and firing decisions on the basis of performance, many districts have preserved the status quo.
This is especially clear in Hazel Park, where Hazel Park High School Principal Don Vogt told Bridge that he had to lay off some of the school's best teachers because an agreement with the union required that new teachers be laid off first.
Making layoff decisions solely on the basis of seniority is against the law in Michigan. It is also against the law to negotiate layoff procedures with the union. And yet, a school official felt the practice was so commonplace that he had no problem discussing it with a reporter.
It is easy to forget that until recently teachers union contracts severely limited when and how teachers could be evaluated. That wasn't changed until 2011, when Michigan legislators (including Pavlov) passed major teacher tenure reform legislation.
The top priority should be that teacher evaluations are administered, that school officials actually distinguish among a district's best and worst teachers using student academic performance, and that teacher hiring and layoff decisions be based on keeping the best teachers in the classroom. In any case, motivating reluctant administrators to tie teacher evaluation to an objective measure of student achievement will be a major improvement.
Editor's note: This story has been modified since it was originally posted.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
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