Actions ordered by Detroit Public Schools Emergency Manager Roy Roberts before he took his oath of office are illegal, according to a lawsuit filed in the state court of appeals this week by labor activist and AFSME Council 25 representative Robert Davis.
Roberts was appointed by Gov. Rick Snyder on May 4.
On July 29th he became the first to use power of the state’s Emergency Manager law to modify the terms of a collective bargaining agreement when he ordered a 10 percent wage cut for all school employees.
According to state documents obtained by Davis under the Freedom of Information Act, Roberts did not swear to uphold the state and federal constitutions in his role as Emergency Manager until Aug. 30.
Governor Snyder’s office told Local 4 Defenders:
“Roy Roberts had a signed contract when he began in May. Beyond that, we’re confident that the Michigan Attorney General’s legal research of the current statute, case law and court precedent ensures that every action Roy Roberts has taken is valid and enforceable. As additional background and historical information, most Emergency Managers have not signed oaths of office previously. Gov. Snyder has requested that change to ensure the best practice possible.”