bigrus

Macomb County voters ask if they want to bring back a charter commission – Macomb Daily

Harry October 29, 2024

Macomb County voters are being asked this election whether they would like to appoint a commission to review the county charter for a new or amended charter to be presented to voters at a later date.

The ballot question is a requirement of statutes enacted in 2011 that require the question be presented to voters in 2014 and every 10 years thereafter.

Voting will continue until November 5, except Monday, November 4.

A “yes” vote on the ballot box question supports the establishment of a new establishment commission, while a “no” vote supports maintaining the status quo. If the ballot question is accepted, voters will elect a new charter commission, which can recommend changes or propose a new charter that will go to the voters.

There has been little discussion and no organized effort to support a new charter commission to amend or replace the existing charter in the county.

Macomb County Executive Mark Hackel said he sees no reason to change the statute.

“I think the document as written provides us with a great opportunity to move the district forward in a positive direction,” Hackel said.

Courts issued multiple opinions When there are differences between Hackel and the county Board of Commissioners over the powers granted by the charter.

Mark Hackel speaking earlier this year.MACOMB DAILY PHOTO

“Just like the United States Constitution, there will always be issues that will be decided through the courts,” Hackel added. “Most people would agree that the role of the courts is important in deciding the issues that need clarification.”

Don Brown, chairman of the County Board of Commissioners, agreed that a charter commission was unnecessary, noting that disputes are resolved by the courts.

“Even though it’s not perfect, it’s not worth the money or time it would take to replace it,” Brown said.

Current assistant county treasurer Ralph “Skip” Maccarone, who served as executive director of the original charter commission, noted that none of the court opinions on the Macomb charter suggested a change in the charter language, as courts occasionally do when issuing opinions. Cases involving statutes or constitutions of government agencies.

“He was very pragmatic in enforcing the contract,” said Maccarone, who is also a lawyer.

County Commissioner Phil Kraft of Chesterfield County suggested in a recent Facebook post that although the contract could be improved, he does not believe it is necessary to recreate a contract commission.

“The Charter can be greatly improved by electing the right people. “This is a deeply flawed document that absolutely needs to be tightened in many respects,” Kraft wrote. “However, choosing the wrong people could subvert the Charter and lead to unnecessary shifts of power and functions. I’m still undecided on what to do with this problem. “As I am involved and deal with the Charter on a weekly basis, I see its weaknesses and loopholes, but I also fear the potential abuses if it falls into the wrong hands.”

Kraft did not return a call seeking comment.

In 2009, county voters passed a “home rule statute” creating a county executive branch, which provides for the establishment of executive and legislative branches of county government to provide checks and balances. In previous years, the 26-member Board of County Commissioners constituted both the executive and legislative branches.

The possibility of adopting a charter form of government has been discussed for many years, as the county’s cumbersome board-run operation has sometimes hindered progress and created a disjointed voice in county government.

The Charter was being drafted and evaluated in 2008 and 2009, when the county and the country were experiencing the Great Recession.

Don Brown, chairman of the Macomb County Board of Commissioners, speaks at the board meeting.MACOMB DAILY FILE PHOTO

“In recent years, the county government has faced serious financial difficulties and has had to grapple with difficult decisions without the overall guidance of a manager who enforces balanced budget requirements,” Maccarone wrote in 2009. “It emerged with the power to prevent deficits and keep the district alive within its own means,” he said.

It also made a person “responsible to the public to govern the County” and will facilitate government cooperation because it will “Empower the Executive to cooperate more with other local governments, helping to work for greater efficiency and effectiveness in government”. Maccarone said.

Two other distinguishing elements of the new charter were:

He disbanded the old county road commission, which was at times controversial, and replaced it with the Department of Highways, which was under executive management.
A five-person Ethics Committee was established to monitor unethical practices in the district.

A charter amendment bill can be pursued and presented to voters without the need for a charter committee. County residents may petition a ballot question, or two-thirds of the county Board of Commissioners may place a charter change on the ballot in any year.

A 26-member charter commission was elected in 2008 to create the new charter. It then voted 25-0 (one member was absent) to approve the charter.

The document was also reviewed by then-state attorney general Mike Cox and the governor, Jennifer Granholm.

Macomb County is only one of two counties (the other is Wayne County) that has its own government. 79 of Michigan’s 83 counties operate under general law. Oakland and Bay counties operate under “unified government at will,” which provides for a county executive or county administrative form of government, as permitted by state law.

First Publication Date: October 29, 2024 05:46 EDT