Democratic lawmakers and ethics experts are questioning whether State Rep. Bob Genetski, R-Saugatuck, can legitimately play a role shaping MSU’s budget while he is facing criminal charges stemming from his drunken driving arrest on campus.
While Democratic leaders have opposed some of the strings attached to university funding proposed by Genetski’s committee, which would require MSU to remove its health care mandate to retain state funding, they now are arguing Genetski has a conflict of interest in deciding MSU’s budget altogether.
Republicans said the issue is a personal attack, standing behind the chairman of the House Appropriations Subcommittee on Higher Education’s record of challenging MSU officials on spending.
Genetski’s attorney Mike Nichols has been pursuing additional evidence from MSU Police since his client’s first hearing with the Secretary of State, seeking more video evidence of Genetski refusing a Breathalyzer test. After a subpoena was not granted, Nichols appealed the license suspension in Ingham County Court.
A judge granted Genetski privileges on Wednesday to drive for work purposes and court dates, although the appeal of the suspension has not been withdrawn.
Nancy Wonch, a legal ethics professor at Cooley Law School, said the presence of MSU Police in the case could create a conflict of interest with Genetski playing a role in MSU’s budget.
“Taking that into consideration, there is what I would perceive to be an adversarial relationship,” Wonch said. “It’s fair to look at whether he can be objective in the way he votes.”
Genetski has maintained he has been objective throughout the budget process.
“Never once has this case played any role in this decision of budgetary issues,” Nichols said. “This is a police officer, who happened to be hired for the campus police.”
MSU officials declined to comment.
Unlike with judges, there are no laws in Michigan regarding legislative conflicts of interest. The power to determine whether a representative’s judgment is skewed lies solely in the hands of the House speaker, currently Rep. Jase Bolger, R-Marshall.
“There has been no indication at this time that Rep. Genetski’s positions on university funding have changed in any way,” Bolger spokesman Ari Adler said, arguing the controversy is being created by Democrats for political reasons.
“Rep. Genetski has been a good steward of tax money and has tried to make sure universities are doing the same.”
The West Michigan Republican has sparred with MSU officials on several key issues during the last year. He has tried to strip more than $18 million of funding from MSU, accusing administrators of using calculation loopholes to quietly raise tuition beyond last year’s 7.1 percent ceiling to maintain state funding.
Last week, Genetski led the committee in passing an incentive that would require MSU to eliminate its health care mandate to maintain full funding in the upcoming budget.
Rep. Joan Bauer, D-Lansing, said Genetski’s case threatens to undermine the legitimacy of the committee. Bauer was the only committee member to vote against the proposal.
“It raises questions about the whole process that came out of the higher education committee,” she said.
All other committee members could not be reached for comment except for Rep. Al Pscholka, R-Stevensville, who declined.
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