Rep. Joshua Schriver: Ending Governmental Immunity
Official Newsletter: State Representative Joshua Schriver
“I will honor my Sacred Oath to the best of my ability, so help me God.” -Joshua Schriver
Dear Neighbor,
The past couple of years have not been easy for our community - as many of us have more questions than answers about the Oxford School Shooting. Why were parents told everything was fine even though they had clear evidence of a disturbed student hinting at plans for a school shooting? Why was the shooter allowed to return to class after meeting with school personnel who recommended he be sent home?
We are all wondering: where do we go from here? What can be done to hold school employees accountable who fail to look out for the safety of our children?
Oxford Schools has invested in school resource officers, emergency communication systems, threat assessment systems, school security cameras, single points of entry, and much more. These safety mechanisms lose their use when existing threat assessment guidelines are not followed. The most vital part of school safety protocols is to ensure they are adequately implemented real-time.
Some members of our community tried to sue the school district for failing to follow existing protocol during the Oxford Shooting. According to NPR, the Oakland County Circuit Court Judge Mary Ellen Brennan dismissed the school district from lawsuits related to the shooting, saying the school district is protected by a loophole within Michigan law: “governmental immunity.”
Currently, if public school employees fail to implement existing school safety standards and lives are harmed and/or lost as a consequence, they are able to use “governmental immunity” to avoid facing legal accountability. There are very few exceptions to “governmental immunity.” Exceptions include maintenance of public sidewalks, negligent operation of a government-owned vehicle, public building defects, medical malpractice, and a few others.
Over the past year, I have had countless conversations with law enforcement officers, school teachers, school resource officers, and families impacted by Oxford Shooting. It is clear to us that public school employees are immune from legal responsibility even when their conduct was a proximate cause of the death of Oxford High School students.
This week, I introduced a bill to help change this. Under my bill, House Bill 5548, school employees can no longer use this loophole as a legal defense when they fail to take credible threats seriously (e.g. threats of school violence) and lives are lost. This policy will create a contingency of accountability that will cause public school employees to implement school safety standards.
House Bill 5548 has been referred to the Committee on Government Operations and awaits further consideration. Be sure to reach out to Rep. Tullio Liberati, the Chair of the Committee, and urge him to hold a public hearing on this legislation.
God Bless You,
Representative Joshua Schriver
Vote Record Update
HB4705- Name Portion of M-150 “William S. Broomfield Memorial Highway”
NO- Although I appreciate anyone’s willingness to become a public servant, William S. Broomfield’s career as a politician doesn’t meet my criteria for highway naming. This honor is typically reserved for fallen soldiers, firefighters and law enforcement.
PASSED 104-3
HB4977/78- Add “Summer Resorts” to Defined List of “Nonprofit Corporations”
NO- Converting this entire industry to “non-profit status” does not require state law. Each entity can accomplish this by simply changing their bylaws. This change is not necessary.
PASSED 94/13, 94/14
HB 4924- Creates “Uniform Partition of Heirs Property Act”
NO- This policy will cause costly conflicts between court rules and state law, resulting in expensive increases for lawyer fees. Moreover, as the utmost subject matter expert on this topic, the Michigan State Bar Association Legislative Committee spoke against this policy, stating major concerns and conflicts between court rules and this proposed change to state law.
PASSED 94/13
Sources
Judge: Oxford Schools, staff immune from shooting lawsuits - Michigan Public Radio - NPR - March 4, 2023 by the Associated Press
COMPLETE VOTE & REASON HISTORY: CLICK HERE