The Belleville City attorney will recommend that the City Council file a challenge in Circuit Court if the citizens’ petition on the Nov. 6 ballot should pass.
He called the vote a waste of time and money to make a political point.
At Monday’s City Council meeting, attorney Tim Cronin said the initiatory petition with signatures for a proposal to change the city charter to prohibit “farming out” of police and fire service is required by state law to be put on the ballot.
But, he said, it is not consistent with state law, according to the attorney general, and in light of the fact the attorney general said it is not consistent with law, the governor could not approve it.
Cronin said it will, nonetheless, be put on the ballot.
He said a similar situation came up in Hillsdale where there were three ballot questions and before they made it to the ballot the city attorney went to court to get a restraining order and the action was filed before the vote took place.
He said he has copies of the Hillsdale case to refer to.
“The bottom line is, if this language is approved by residents, the city council has to challenge it,” Cronin said. “This office agrees with the attorney general and governor … the council has authority to file a challenge in Circuit Court to hold that it is illegal to change the charter.”
Cronin said the voters have to be “sophisticated enough to understand” that this is not going to amend the charter.
“I did want to bring this to the council’s attention before the election,” Cronin said.
At the end of the meeting, Ken Voigt said the mayor did not call for citizen response to the attorney’s comments, and he wanted to speak.
Voigt, who had presented the petitions to the city with some 700 signatures, said it is a moot point. If the governor doesn’t approve it, why would the city have to go to court?
Cronin said the language is not consistent with state law and it is unenforceable.
“I’m not against the concept, but the governor’s letter is not the defining factor,” Cronin said.
“It doesn’t take effect if the governor doesn’t approve it,” Voigt replied.
“You have to define the language,” Cronin said, adding you can’t do that with a letter from the governor, but you have to go to court. “Why pass it if you can’t enforce it?”
“It shows the council the mind of the people,” Voigt said.
Mayor Tom Fielder said, “It could be advisory…”
But Cronin vigorously shook his head.
“When elected official make decisions, they are not technically following an advisory,” Cronin said. “It’s a waste of time and money, though it may make your political point.”
Resident Rick Dawson said the city wants to save money and “not give it to you,” the attorney.
“Let the governor throw it out. That’s the point,” Dawson said.
“My understanding of the concept is that I have to go to court,” Cronin said.
In other business at Monday’s meeting, the council:
Held a public hearing and the first reading of a False Alarm User Ordinance, replacing the policy passed by the council. If an individual or other entity repeatedly has false alarms, they will be charged escalating fees for civil infractions, after the first two free runs. Resident Kim Tindall suggested having the tally kept over a 365-day period, rather than a calendar year and the council agreed to change the ordinance before its final reading. The fees will be put on the master fee schedule which can be changed easily by the council. The ordinance was inspired by repeated false alarms to school buildings, reportedly when teachers enter the buildings after hours and set off alarms, among other instances;
Agreed to allow the Christmas fireworks display by the Chamber of Commerce on or near the Denton Road bridge on Dec. 1, with the Belleville Fire Department on one side and the Van Buren Township Fire Department on the other side. The bridge is expected to be closed to traffic from 6:30 to 9 p.m., if the county agrees. It was decided Fireworks Island was not an appropriate site for the fireworks, although it had been used many years ago. Councilman Bill Emerson, also a fire fighter, questioned the safety of the bridge for fireworks;
Approved closing streets for the Dec. 1 Chamber of Commerce Christmas Parade, which will be held at night this year, starting at 6 p.m.;
Approved a DDA/City lease agreement to give the DDA 10×12′ of office space on the second floor of City Hall at a cost of $150 per month. The city’s web server also is a part of the lease;
Approved $1,300,965.32 in accounts payable and departmental expenditures. Departmental expenditures over $500 are: Belleville Transmission, repair of 2005 police car, $1,250; Evans Electric, replace lights in city hall garage, $1,755; and Osborne Concrete for road repairs of $2,996; and
Was reminded of the 6:30 p.m., Thursday, Oct. 4, joint meeting of the city council, DDA, and planning commission at the Fred C. Fischer Library, which is open to the public.
PUBLISHED 10-4-07