The proportion of state and local government jobs hit a historic high in the recession and has been coming down slightly since.

In the late 90s, state and local government jobs in Michigan stayed a pretty constant 13.3 percent. It began growing in 2000 to 14.2 percent from 2002 to 2008. The 2008 recession spiked the figures to a series-high of 15.5 percent in July and August of 2009.

Since then, the number of government jobs have been decreasing slightly while private-sector jobs have increased, lowering the proportion to 14.4 percent.

But there are complicating factors when using this as a measure of the total government labor force. Privatization of substitute teaching, for example, shifted some of the government labor force from public-sector to private-sector. This was prevalent enough that government statisticians had to rework the seasonal adjustments for the “professional and business services” sector. These are still jobs at government facilities paid for through the tax system, but since a private-sector signs the paychecks, they are considered private-sector jobs.

It’s unknown whether the recent downward trend will continue. Even with the steady trend toward service privatization in Michigan’s state and local governments and the gradual recovery of the state’s private-sector, the percentage of the labor force remains at high-levels.

To support his growing medical supply business, Alan Taylor decided to expand his parking lot in 2006. Today, the Sparta business owner is appealing a criminal conviction because of that decision. How that came to be raises questions about the intent of Michigan’s environmental laws and whether people can be convicted of crimes for everyday activities if they unknowingly violate the state’s environmental laws.

In 2008, Taylor was found guilty of two criminal misdemeanors for violating Michigan’s environmental law. He is appealing the guilty verdicts. This week, The Mackinac Center for Public Policy filed a motion with the Court of Appeals arguing that criminal convictions for certain environmental infractions must show “criminal intent.”

“‘Criminal intent’ has been required for centuries for almost all crimes,” said Patrick Wright, senior legal analyst for the Mackinac Center. “It should be disregarded only in extremely rare circumstances, not for everyday activity. We don’t want to be in a situation where people are convicted of crimes for cutting their grass wrong.”

In its brief, the Mackinac Center points out that the trial judge didn’t require the jury to consider during its deliberations whether Taylor had intended to break the law. 

Taylor’s dispute goes back to 2006. That’s when the Department of Environmental Quality received a complaint that a parking lot expansion at Taylor's business, Hart Enterprises, was filling a wetland.

Hart Enterprises Inc. makes medical devices and has about 100 employees. It’s located in Sparta, which is north of Grand Rapids, on a 46,000 square foot complex.

In a Mackinac Center case study on the Hart Enterprises situation, Taylor said there was no prior warning from the DEQ that the area was a wetland. The construction experts that did the work didn’t note the presence of a wetland. According to Hart Enterprises, the ground in the wetland area was only occasionally wet during the spring.

DEQ official Jim Sygo stated in the case study, “It’s difficult for any lay person to look at an area and try to decide whether it’s a wetland or not (because) there are just so many determining factors.”

DEQ spokesman Brad Wurfel said he could not comment on a case that is being litigated but would respond later Friday. He hadn’t responded as of 2 p.m. Friday.