Oakland Exec Violating the Campaign Finance Act?

Copyright 2006 Michigan Caucus

(Cross-posted at Michigan Liberal) By now every­one’s heard of blowhard L. Brooks Patterson’s pro­pos­ed petition drive to kill the state’s Single Bus­i­ness Tax and replace it with, well, nothing.

At his 13th “state of the county†address February 8, a bombastic self-congratulatory screed before his corps of sycophants and hangers-on, Patterson call­ed the SBT a “damnable†tax, crediting it with kill­ing the current Michigan economy. A bizarre tribute for a tax that’s been around for over 30 years. Hey, Brooks, what suddenly made the SBT jump up and bite you this year?

But, none of this really matters. We all know that these sound bites are just bullshit to put a plausible face on an effort by Patterson to do his corporate buddies’ bidding: kill the tax.

And Brooks has been effectively using his Oakland County office as a bully pulpit, exploiting it to collect $800,000 in pledges and loans to hire a California firm to collect the 320,000 signatures needed to put the measure on the ballot.  We got to hand it to Brooks, a pretty impressive display of fundraising.

But, in leading this effort we’re wondering if Patterson had bothered to consult with the high-priced law and lobby firm of Dykema Gossett, that is chaperoning this effort, to see if his work complies with the Michigan Campaign Finance Act.

The part we’re wondering about says that:

Section 57 (1). A public body or an individual acting for a public body shall not use or authorize the use of funds, personnel, office space, computer hardware or software, property, stationery, postage, vehicles, equipment, supplies, or other public resources to make a contribution or expenditure or provide volunteer personal services that are excluded from the definition of contribution under section 4(3)(a). This subsection does not apply to any of the following:

(a) The expression of views by an elected or appointed public official who has policy making responsibilities.

* * *

(2) A person who knowingly violates this section is guilty of a misdemeanor punishable, if the person is an individual, by a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or both, or if the person is not an individual, by 1 of the following, whichever is greater:

(a) A fine of not more than $20,000.00.

(b) A fine equal to the amount of the improper contribution or expenditure.

While Brooks has the right to voice his views, we don’t think he can use his office as a fundraising vehicle for a ballot proposal. Press releases about his effort to kill the SBT have been posted on the Oakland County website with contact information for the county's press secretary and Lord knows where all the pledge phone calls, faxes and emails went to. Brooks' home?

Certainly, if Attorney General Mike Cox can chase Central Michigan University saying that using the school’s payroll deduction system to pass-along contributions to its CMU PAC violates the Campaign Finance Act, then maybe Cox should be chasing Brooks.

Anyone care to file a complaint? Anyone care to bet on the outcome?

Comments

[John Galt]

Don't confuse Brooks being a blowhard with the foolishness of the SBT. We need less or no taxes for businesses in Michigan. It is not my job to support you or your lazy welfare friends.

[MichiganCaucus]

NO TAXES FOR BUSINESSES! DAMN!!!

Why didn't WE think of that? Instead let's have the PEOPLE pay ALL the taxes! (Except, of course, all our lazy Welfare friends). What a great idea!

We're sure that the rush to move to Michigan will start right after that! HACK!

Does anyone realize that Michigan is one of the only states that still has a small business tax? And does anyone realize that it is Granholm that wants it? If I open a small busines why would I stay in Michigan so I can pay more taxes than anywhere else?

[Michigan Caucus]

Dude! It's the "SINGLE Business Tax;" not the "SMALL Business Tax." This might illuminate: "a SINGLE tax for all businesses in Michigan." OK?

As for your second point; why didn't the GOP-controlled legislature repeal the tax when they had a GOP governor? Like we said before: What made the SBT jump-up and bite Republican ass THIS year and not four years ago? Eh? Could it be an election year? Hmm?

As for your desire to move out of Michigan, hey, as Ronald Reagan would say, "vote with your feet." See ya!