Judge Allen denies motion for emergency restraining order

Wayne County Circuit Court Judge David J. Allen on Dec. 6 denied an emergency motion for a temporary restraining order to keep the City of Belleville from shutting down its fire department and contracting with Van Buren Township for fire and emergency services.
Michael L. Ossy, representing the Belleville Firefighters Association and Matthew Loveland, also filed a complaint against the city, Mayor Kerreen Conley, and City Clerk Sherri Scharf asking for more than $25,000 in damages.
A status conference on that case is set for 8 a.m. March 1 before Judge Allen.
Both the City of Belleville and Van Buren Township were due to approve the 10-year contract to begin Jan. 1 for fire/emergency services at their meetings last week. But, when Belleville was served with the law suit on Dec. 1 and a large crowd in support of the fire department turned up at the city’s Dec. 4 meeting, Mayor Conley agreed to set up a committee to study the contract first.
VBT Supervisor Kevin McNamara pulled the contract and an associated agreement from the township work/study session agenda on Dec. 4, citing the law suit against the city.
On Dec. 5, the two agreements were pulled from the regular meeting’s agenda, with Supervisor McNamara saying this was “pending Belleville’s decision on what they’re going to do.”
The firefighters’ law suit cites the city charter, Section 15.1 that states: “No Franchise or Grant which is not revocable by the will of the Council shall be granted or become operative, nor any contract for longer period than one year made, until the same shall have been referred to the people at a regular or special election and has received the approval of three-fifths majority of the electors voting thereon at such elections, as is provided by the Constitution of the State.”
The law suit also cites Section 6.4 of the city charter that states: “Through the established departments of the City Government, the Council shall provide for the public peace and health and for the safety or persons and property.
Also, in Section 8.9 of the charter it states, that the City Manager, not the Mayor, is responsible for the administration and direction of all City of Belleville departments.
According to reports, the proposed agreement between the city and the township were negotiated starting in August by Mayor Conley and Supervisor McNamara. The law suit states Mayor Conley has no express or implied legal authority to negotiate a contract for the city.
The agreements were presented to the city council and fire chief, and the township board members and other officials at the end of November.
The secrecy surrounding the agreements was what seemed to irritate officials and the public the most. And, that the dissolving of the city fire department was not decided at a special election.
The firefighters also will be economically harmed, according to the suit.