County's Rush to Approve New Union Contracts Could Prove Futile
Washtenaw County approved contracts with 15 unions but did not do actuarial analyses
The Washtenaw County Board of Commissioners may have violated state law when it approved 10-year contracts with 15 unions to beat a March 27 deadline to avoid the impact of the state's right-to-work law.
The union contracts allowed Washtenaw County employees to switch from a defined benefit plan to a defined contribution plan. However, a state law says that when a pension is changed, an actuarial analysis needs to be provided at least seven days before the plan is adopted. The law reads: "'[P]roposed pension benefit change' means a proposal to change the amount of pension benefits received by persons entitled to pension benefits under the system."
Patrick Wright, senior legal analyst for the Mackinac Center for Public Policy, said going from a defined benefit pension to no pension could qualify in the eyes of the court as a "benefit change." Instead of pensions, 401(k)-style plans will be offered. Wright said if the courts decided there was a benefit change, the contracts would have to be re-ratified and then right-to-work would kick in.
"This raises serious questions about the legality of these contracts," Wright said.
Washtenaw County Administrator Verna McDaniel said the county didn't violate the law.
"This law addresses changes to increase pension benefits,” McDaniel wrote in an email. "Washtenaw County did not make any changes to increase the defined benefit plan to all our current employees. We closed the plan to new hires beginning next year. We clearly are ending our legacy costs to both our defined pension plan and our health care plan. This saves our taxpayers from future obligations as well as brings financial stability to the organization. The Commission approved 15 collective bargaining agreement/contracts on March 20, 2013 effective March 21, 2013. No changes were made to the defined benefit plan so no actuarial report estimating the cost was needed. However we worked hand in hand with our actuary firm and our financial analyst throughout the negotiation process."
Alicia Ping, a Republican Washtenaw County Commissioner, said she didn't think Washtenaw County staff or the Board of Commissioners intended to violate any laws regarding the new union contracts.
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.
Higher Scrutiny of Government 'Investments'
When a company wants to go public and offer shares of common stock, it must fill out an S-1 form, a background document used by investors for research before an initial public offering (IPO) is filed. Because they have a direct financial interest in the performance of a company, individuals and groups that invest are smart to look closely at this document before pledging their money.
If only the government was as careful.
Last summer, Michigan Capitol Confidential covered the “green” energy company Mascoma Corp., which has received more than $100 million from the federal government and another $20 million from the state of Michigan. Mascoma is a biofuel company that has developed a new type of yeast used to lower the costs of ethanol. It currently sells that product to corn ethanol makers, but has received government funding with the hope of using it for cellulosic ethanol.
Here is what the company reported in its IPO filing:
Unsurprisingly, Mascoma quietly pulled its IPO recently, citing “market conditions.”
Mascoma is trying to build a plant in Kinross in the Upper Peninsula. The bulk of the government money was for the proposed plant, which it was supposed to break ground on over two years ago, projecting to the state that it would create 70 jobs (it ended up reporting three created jobs).
Instead, the construction was delayed; the company later told Capitol Confidential it would start building by the end of 2012, but there is no word whether construction has started. The group in charge of the plant is Frontier Renewable, a co-op between Mascoma and J.M. Longyear, but the company’s website has not had a news update in more than a year.
Katie Fehrenbacher, a senior writer for the website GigaOM, reports that Mascoma has changed its S-1 form to show that it is more reliant on government funding.
"Before pulling its IPO, Mascoma raised two rounds of a few millions of dollars in debt over the past six months," Fehrenbacher wrote. "That's not the typical behavior of a company on the upswing getting ready to go public."
The federal and state governments promote these types of investments as both job creators and a path toward a clean energy future. Instead, it is a prime example of how misaligned incentives harm taxpayers and the economy.
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.