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The Michigan Supreme Court agreed to hear the case and asked for supplemental briefs to be filed on several issues, including whether associations have standing as “taxpayers” under the Headlee Amendment, and by extension, under what grounds associations have standing generally to sue on behalf of their members. “Standing” refers to the ability of a party to sufficiently demonstrate to the court that it will be harmed by the challenged law or action to support its participation in the case.
While associations are not “taxpayers” and/or “harmed” parties in the strict sense of the word, their members are. Past Michigan case law has generally provided that associations have standing to represent their members. In 2010, the Michigan Supreme Court overruled a decision which expressly provided for association standing to represent its members; however, the issue of association tax standing was not the primary basis of the court’s ruling in this case. MSAE filed an amicus curae brief in this case. This decision resulted in a lack of clarity regarding the legal criteria for proving standing under Michigan law.
One of the principle roles of associations is to advocate before the legislative, executive, and judicial branches of government on behalf of members. For this reason, the MSAE will submit an amicus brief to the Michigan Supreme Court to revive and/or clarify the standing of associations to file lawsuits on behalf of their members under general principles of Michigan’s jurisprudence.
Yesterday MSAE and ten other Michigan-based member organizations jointly filed an Amicus Brief on the case of Tessa Motors, Inc. v. Ruth Johnson, in her official
capacity as Secretary of State and Chief Motor Vehicle Administrator, Bill Schuette, in his official capacity as Attorney General, and Rick Snyder, in his official capacity as Governor. The brief states the importance of the issue of maintaining confidential communications between the members and the organization. Addressed in the brief are three core issues:
Ensuring a knowledgeable, professional and successful community is MSAE’s mission and core to our long-term success. Because we are a member-first organization, MSAE has continuously pushed the envelope and experimented with the best means to deliver a unique and enriching experience to all of our members and partners.
But in this current era of rapid technological, social and economic change, how we serve our members had to shift to reflect the new realities of our society. After conducting a comprehensive analysis of our organizational structure, program offerings and overall operations, the MSAE Board has approved a “New MSAE”.
With MSAE’s new organizational membership model, our membership has more than doubled to over 1,700 members. No longer are we an association just for the Chief Staff Executive…we’re here to serve the entire association staff. During the past year, we’ve created many new programs, webinars, peer-to-peer community of practice groups, and resources to address the needs of all staff levels.
The Association Societies Alliance's (ASA) newly approved annual leadership award has been named after and posthumously awarded to the late Shane Yates, CAE, CMP, CTA, former executive director of the Ohio Society of Association Executives (OSAE). This award honors his memory and contributions to the association sector after he unexpectedly passed away this spring.
AMERICAN ASSOCIATIONS DAY 2019 | MARCH 28-29 | WASHINGTON D.C.
American Associations Day is the only legislative fly-in where association professionals like you can connect with Congressional offices and share your story on important association issues. This year our issues will be the value of association meetings to the economy and society along with association tax issues.
This unique opportunity allows you, as an association professional, to create connections with policy-makers that will not only advance the association industry, but your own organization as well. Join MSAE and the Michigan association delegation to attend the ASAE Board reception and network with leaders in our field.
MSAE Staff Profile: Kelly Chase, CMP