Belleville city voters approved charter change in 2007

On Nov. 6, 2007, the voters of the City of Belleville passed a charter amendment that required asking the voters before eliminating the existing police or fire department or contracting for police or fire services.
The vote was 407-229. That was the same election that Richard S. Smith won the seat of mayor with 235 votes, over contenders Frank Brown, 185; Kerreen Conley, 179; and Vera Z. Howell, 36.
Reginald “Rick” Dawson got the most votes of any candidate with 419. He won a four-year term on the council, along with James Shrove with 298. Not far behind was Marian Caldwell, who almost succeeded in her first try for elective office with 269 votes.
Volunteer fireman Brian Blackburn beat out Stephen Jones for the two-year council seat, 319-203.
As to the charter amendment, it is unclear what happened to it, but it could be of interest to those today who want to change the fire department without asking the citizens how they feel.
The city attorney at that time, Tim Cronin, warned that he would have to go to circuit court to nullify it since it was inconsistent with state law. He said the Home Rule Act gives the council the right to makes that decision without asking voters first.
Another option was asking the voters to undo what they had done and it was planned for the November 2008 election after a 4-1 vote in February 2008 to put it back on the ballot. Councilman George Chedraue, an attorney, voted against the action.
The attorney general and governor’s office subsequently said the charter amendment was unconstitutional and the governor wouldn’t sign it. It wouldn’t go into effect unless signed by the governor, so it is just hanging out there.
Cronin said if he went to court he would have to sue the people who carried the petitions in the city in 2007.
Or, they could do nothing and wait until somebody sues the city.
In July, 2008, former Mayor Tom Fielder said nowhere in Michigan had a municipality ever attempted to repeal a proposal that was just passed.
The Ann Arbor News wrote in its Nov. 7, 2007 edition: “But it’s unclear whether the charter amendment conflicts with state law allowing intergovernmental cooperation. Under the Home Rule Act, Gov. Jennifer Granholm would have to approve the charter amendment.”
In February 2008, DPW Director Keith Boc said that Cronin would have had to argue for the people in court against the state attorney.
“It’s the state’s opinion it’s a violation. People here think it isn’t,” Boc said.
Councilman Chedraue commented, “What if the citizens still want it? It’s there in perpetuity.”
Ken Voigt, who had presented the petitions to the city to put it on the ballot with some 700 signatures, said before the election that it’s a moot point. If the governor doesn’t approve it, why would the city have to go to court?
“It doesn’t take effect if the governor doesn’t approve it,” Voigt said. “It shows the council the mind of the people.”