Category Archives: Elections

House Considering Bill Limiting Millage Elections

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The House Elections committee has posted a hearing for next week on House Bill 4814 (Albert).  This bill would limit all local governments to only being able to offer a millage question on the November General Election date.  Originally scheduled to be brought up tomorrow morning, the chairman subsequently agreed to postpone consideration for a week.  This bill is now scheduled to be up in front of the committee on Thursday, Jan. 25 at 10:30 am.  League staff will be testifying in opposition to the bill at this hearing.

We have been informed that alternate language is being considered that would allow millage questions on any August or November election, as opposed to the original version limiting these questions to November even-year elections.  Even with such a change, we remain opposed to any further restriction on election access.  Election consolidation already establishes three specific dates annually that are available for ballot questions and election law limits a local unit from bringing a question back in front of the voters repeatedly.  This proposal is drafted to take effect immediately (any millage question after 12/31/17), disrupting plans for May elections or renewals that are already in process and jeopardizing funding for key local programs and operations.  Limiting when these questions can be considered by local voters also ignores the existing expiration and scheduling of current local millages and will only serve to lengthen ballots for no legitimate public purpose.

Please take a moment and call your State Representative and the members of the House Elections committee to express your opposition to this intrusion on local control.  Thank you for your assistance!

Chris Hackbarth is the League’s director of state & federal affairs. He can be reached at 517-908-0304 and chackbarth@mml.org.

Year-End Legislative Wrap-Up

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While last week’s House and Senate adjournment merely marks the mid-point of this two-year legislative session, that did not mean that the Legislature coasted into their holiday break.

Highlighted by the intense activity surrounding OPEB reform, both legislative chambers pursued aggressive agendas in the final days before adjourning.  Numerous bills that the League was tracking and engaged with experienced some measure of action:

The now 13-bill OPEB package was signed by Governor Snyder this week as Public Acts 202-214 of 2017 and takes effect immediately.  New reporting requirements under the bill are expected to be phased in over the next year, with some reporting expected due as early as January 31, 2018.  The League will work to update member communities as more information becomes available in the next couple of weeks.

Senate Bill 110 clarifies that municipalities implementing plans to increase the supply of below market housing are not violating the Rent Control Act (PA 226 of 1988) by offering voluntary incentives. This League-supported legislation was introduced in February and received a committee hearing this last week of session. It’s anticipated the bill will receive another committee hearing in early 2018 and be voted out.

Two economic development proposals of key interest to municipalities were also voted out of the Senate during the last week of session.  Similar to legislation that died at the end of 2016, the Senate sponsor introduced Senate Bill 393, which consolidates all tax increment financing authorities, excluding Brownfield Redevelopment Authorities, into one act with added transparency and reporting requirements.  Senate Bill 469 would reinstate the Michigan Historic Preservation Tax Credit.  Both of these bills were voted out of committee and out of the Senate last week and have been referred to the House Tax Policy committee where they are expected to receive committee consideration in the new year.

The League was also pleased with the Governor’s signature on legislation allowing urban grocery store projects to access funding from the community revitalization program this week. The House and Senate coordinated efforts last week on House Bill 4207 to provide State Rep. Andy Schor with one last Public Act before he resigns to take over as mayor of the City of Lansing.

Three different proposals related to the new Personal Property Tax system also saw movement before the recess, with Senate Bills 570-573 being finalized and sent to the Governor.  These bills provide for a much needed local mechanism to address late-filed business exemption applications.  Senate Bills 590-593 were voted out of the Senate and were referred to the House Local Government committee.  These bills, promoted by the League and reported from the Senate committee earlier this fall, would essentially hold communities harmless from any reduction in their debt limit due to a reduction in their property tax base from now-exempt personal property.  Finally, House Bill 5086 was developed between local government groups and the Department of Treasury to address a host of technical and minor policy issues related to the continuing implementation of the new system and the need to align the statute with the practical realities of managing and administering the new law.  This bill moved nearly unanimously out of the House last week and will be considered by the Senate Finance committee in early 2018.

Finally, a League-supported proposal to allow for the voluntary coordination of election duties and functions moved this month as House Bill 4671 received overwhelming support in the House and is now awaiting further action before the Senate Elections & Government Reform committee.

Infrastructure and technology issues also experienced a flurry of lobbying and negotiation over these final weeks of 2017.

Our advocacy efforts combined with a broader coalition opposing legislation which would have preempted most local control over private telecommunication provider line relocation projects.  We were able to delay action on House Bill 5098 that was being pursued by the industry before the end of the year.  This proposal remains alive, however, and we will continue to work to block further action on this bill.

The discussions surrounding the proposed industry roll-out of small cell technology is quickly becoming a big issue for municipalities. Small cells are low-powered antenna nodes that have a range of up to 2 miles and are installed for the purpose of relieving congestion for wireless users. The term “small” refers to the footprint of the device. Small cell devices can be mounted on their own 40’ poles, or on existing utility or street light poles. Senate Bill 637 was recently introduced that would create a new act that allows for small cell technology to be consider a permitted use both inside and outside the right-of-way with limited exceptions. The bill would severely limit local control around siting, impair municipal ability to protect the public health, safety and welfare of residents, and hinder local government’s ability to manage the ROW, potentially leading to a significant increase in the number of new poles within our communities.  Supporters of this proposal are looking for a statewide regulatory structure that is similar to the Metro Act and the Video Franchise Act.

The League is opposed to the language as introduced but working with the Chairman, Senator Mike Nofs, of the Senate Energy and Technology Committee to improve the bill. To do that we have extensively researched legislative efforts in other states, discussed the issue with several communities and municipal attorneys, and looked at the Distributed Antenna System (DAS)/Small Cell License Agreement created by the Grand Valley Metro Council.

League staff have met with Chairman Nofs and presented alternative language based on our research and conversations with members. This viable alternative to the introduced legislation strikes a balance between local control and the nationwide deployment of this new technology. The telecommunications industry will continue its push for the bill when the legislature returns next year in the hopes of quick action . We have asked the Chairman that this issue not be rushed and that all parties be brought to the table to discuss this bill and our alternative.

The Michigan Municipal League is also participant on the Lead and Copper Rule Stakeholder Workgroup that is assisting MDEQ with recommendations to address modifications to the Administrative Rules promulgated pursuant to Michigan’s Safe Drinking Water Act, 1976 PA 399, as amended. The ongoing discussion continues to be about how to best protect the public from lead exposure.  Unfortunately, the preliminary draft rules add additional burdens to community water supply systems that run counter to the principles of asset management and may ultimately hinder the protection of public health. In addition to the League, there are more than a half dozen community water suppliers, the American Water Works Association, public health departments and others participating on this work group.

The draft rule would reduce the action level from 15 parts per billion down to 10 parts per billion, require communities to map their existing system to identify the presence of lead, require that a community water supplier be responsible for the replacement and cost of private lead service lines, along with many other requirements that could pose significant financial and logistic hardships on a community. The League has taken a stance that we are not opposed to determining how much lead is present in water systems or the need to systematically begin removing lead from systems, but it cannot be done in such a way that causes a financial hardship or conflicts with the Headlee Amendment or the Bolt decision.

Link to the Preliminary Draft Rule: 2017 Preliminary Draft Lead and Copper Rule

Link to the DEQ Summary Document: Summary Lead and Copper Rule Requirements

The Governor has requested this issue be placed on an aggressive timeline and a finalized draft rule is expected by the first of the year. Should our concerns not be addressed through the stakeholder process, communities will need to be prepared to offer public comments on the rule in early January. In the meantime we will continue to work with those stakeholders that have common concerns with the process and draft rules to make the necessary adjustment to help prevent exposure to lead while still allowing for the efficient management of our water supply systems.

The Legislature is scheduled to return to full session on January 10, 2018, with the Governor’s final State of the State message and the Fiscal Year 2018-19 budget presentation to follow shortly thereafter.

Chris Hackbarth is the League’s director of state & federal affairs. He can be reached at 517-908-0304 and chackbarth@mml.org.

Federal Judge O’Meara Plans to Issue Ruling on PA 269, ‘Important Case’ Soon

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Dowagiac Mayor Donald Lyons explains why he is opposed to PA 269.

Dowagiac Mayor Donald Lyons speaks at a recent news conference opposed to PA 269. He is one of three League members listed as plaintiffs in a lawsuit.

ANN ARBOR, Mich. – Recognizing the urgency of the case, U.S. District Court Judge John Corbett O’Meara today said he would issue a written ruling soon regarding a lawsuit charging that a “gag order” provision in Public Act 269 is unconstitutional and asking that the law be overturned.

Judge O’Meara heard oral arguments from both sides Thursday morning. Jerome R. Watson spoke as one of the attorneys representing the plaintiffs – 17 local government officials and one private citizen. Defendants in the case are Secretary of State Ruth Johnson and the State of Michigan.

“The heart of this case is not about misusing public funds. This case is about abusing First Amendment rights. This case is all about censorship of speech,” said Watson, of the Miller Canfield law firm, during the hearing at the U.S. District Court, Federal Building in Ann Arbor.

Calling it an “important case,” Judge O’Meara said he hoped to issue a decision soon on the plaintiffs’ request for a preliminary injunction. The case is regarding Subsection 57(3) of Public Act 269, which amended Michigan’s Campaign Finance Act. State law already prohibits governmental officials from using tax dollars to advocate for or against a proposal. This new provision goes far beyond what is constitutionally permissible.

Specifically, subsection 57(3) bans local officials or employees of local governments and school districts from using public resources to communicate with voters by giving them factual information about a ballot measure through radio, television, mass mailing or prerecorded telephone messages within 60 days of the election.

There is urgency to this case because more than 100 school districts and local governments have issues on the March 8 ballot and already are being affected by the 60-day gag order time period.

The case is Robert Taylor et al v. Ruth Johnson and the State of Michigan. It was filed Jan. 26 in the U.S. District Court for the Eastern District of Michigan, based in Detroit.

Lawsuit plaintiffs include Michigan Municipal League members Roseville Mayor Robert Taylor, Algonac City Manager Douglas R. Alexander, and Dowagiac Mayor Donald Lyons. Other plaintiffs are Tuscola County Commissioner Matthew Bierlein; New Haven Community Schools Superintendent Todd R. Robinson; Riverview Community Schools School Board President Gary O’Brien and Superintendent Russell Pickell; Tecumseh School Board President Kimberly Amstutz-Wild and Superintendent Gary O’Brien; Waterford School District School Board President Robert Seeterlin and Superintendent Keith Wunderlich; Goodrich Area Schools Superintendent Michelle Imbrunone; Clinton Community Schools Superintendent David P. Pray; Byron Area Schools School Board President Amy Lawrence and Superintendent Patricia Murphy-Alderman; Warren Consolidated School District Superintendent Robert D. Livernois; Lansing School District Superintendent Yvonne Caamal Canul; and Stephen Purchase, a private citizen.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at 810-874-1073.

Roseville, Algonac, Dowagiac Officials Are Among Plaintiffs in Federal Lawsuit Against ‘Gag Order’ Law

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League President and Dearborn Mayor Jack O'Reilly leads a press conference announcing a lawsuit against PA 269.

League President and Dearborn Mayor Jack O’Reilly leads a press conference announcing a lawsuit against PA 269.

City officials from Roseville, Algonac, Dowagiac are among 18 plaintiffs in a federal lawsuit filed today in Detroit charging that a “gag order” provision in Public Act 269 is unconstitutional and asking that the law be overturned. (View a press release about the League plaintiffs in the lawsuit and view a statewide press release about the suit.)

Subsection 57(3) of Public Act 269, which amended Michigan’s Campaign Finance Act, prohibits elected and appointed public and school officials from providing factual information to voters about local ballot measures within 60 days of an election. State law already prohibits governmental officials from using tax dollars to advocate for or against a proposal. This new gag order goes far beyond what is constitutionally permissible.

“It’s an absolute gag order preventing public officials from addressing their constituents and residents of about matters of local concern,” said Scott Eldridge, an attorney with Miller, Canfield, Paddock and Stone who has filed the lawsuit against Public Act 269. “It’s so overly broad and vague that it penalizes public officials with a crime if they speak in even an objectively neutral tone about ballot issues.”

Tuesday's press conference.

Tuesday’s press conference.

The League hosted a press conference Tuesday afternoon to announce the lawsuit. The news conference was led by Board President and Dearborn Mayor Jack O’Reilly and included some of the 18 plaintiffs named in the suit. League members serving as plaintiffs are Roseville Mayor Robert Taylor, Dowagiac Mayor Donald Lyons and Algonac City Manager Doug Alexander.

About a dozen media members participated in the news conference including reporters from the Detroit News, mlive.com, the Detroit Free Press, Dowagiac Daily News, MIRS News Service, Gongwer News Service, the Associated Press, Michigan Public Radio, Michigan Radio Network and TV 6 and TV 10, both out of Lansing.

More than 100 school districts and local governments with issues on the March 8 ballot already are being harmed by the new law, which bans local officials or employees of local governments and school districts from using public resources to communicate with voters by giving them factual information about a ballot measure through radio, television, mass mailing or prerecorded telephone messages in the final two months of an election.

Algonac City Manager Doug Alexander talks about the impact of PA 269 on his community.

Algonac City Manager Doug Alexander talks about the impact of PA 269 on his community.

The result will be that uninformed voters are likely to first learn about complex matters when they look at ballots on election day without having received basic information such as what the proposal is about, how much it will save or cost them and what the consequences of a yes or no vote are. In addition to being unconstitutional, the law will also negatively affect local credit ratings and result in higher costs for local taxpayers, Moody’s Investors Service has warned.

Algonac City Manager Doug Alexander said his city is requesting voters to allow the city to enter a 20-year lease agreement with the US Coast Guard for 200 feet of Riverfront Park dockage in exchange for the Coast Guard repairing at its cost the seawall at that location.

“Under the current law we can’t mail any information to voters about this lease agreement with the Coast Guard. For example, we would have normally explained a ballot issue like this in our quarterly newsletter that is mailed to about 1,900 city households,” Alexander said. “Should I expect a local group of citizens to get together and form a campaign committee to explain this to the voters? Not likely, nor should they have to. This is a function of government. People expect their local government to do these types of negotiations, put these questions before them and then share factual information with the public so that they can make educated decisions. Our newsletter would have just stated factual, objective and neutral information to our residents. But we can no longer do that.”

Dowagiac Mayor Donald Lyons explains why he is opposed to PA 269.

Dowagiac Mayor Donald Lyons explains why he is opposed to PA 269.

Dowagiac Mayor Donald Lyons said his city is asking voters to change the city charter to have its clerk appointed instead of elected.

“This law strips away or brings into question the legality of many of the most effective means of communication that we have traditionally used,” Lyons said. “For a community that values transparency, the removal of some of our most effective means of communicating with our electorate by a poorly crafted and confusing piece of last-minute legislation is simply wrong. It is a sad day when the state Legislature tells me that I can no longer communicate effectively with the people I was elected to serve.”

Here are some excerpts from a couple of the media reports:

From the Detroit News:

… the law violates the First Amendment to the U.S. Constitution by banning “the free flow of objectively neutral, core political speech,” according to a complaint filed in U.S. Eastern District Court in Detroit.

Attorney Scott Eldridge of Miller Canfield answers questions from the media during Tuesday's news conference.

Attorney Scott Eldridge of Miller Canfield answers questions from the media during Tuesday’s news conference.

The suit also contends the law violates the 14th Amendment, which guarantees the right to due process, by subjecting public officials to criminal prosecution without providing adequate notice or guidance about what amounts to a violation.

“As a result, it chills speech altogether,” said Scott Eldridge, an attorney with Miller, Canfield, Paddock and Stone who is representing the plaintiffs.

“This law was created by the Legislature in the dark hours of the night, and this kind of last-minute, knee-jerk policy making is exactly what continues to plague our great state,” (said Warren Consolidated School District Superintendent Robert D. Livernois, a plaintiff in the suit). “In this particular case, that law resulted in the trampling — and I mean trampling — of our constitutional rights.”

From Mlive.com:

The lawsuit alleges that the 60-day limitation violates the United States Constitution’s free speech protections, ensconced in the first amendment. It also alleges the 14th amendment, which protects due process, was violated.

Reporters cover the press conference Tuesday at the League's office in Lansing.

Reporters cover the press conference Tuesday at the League’s office in Lansing.

“We’re confident that the court is going to rule in favor of free speech and against censorship,” …Eldridge (said).

… Dowagiac Mayor Donald Lyons said that in his 18 years as mayor he’s regularly communicated with residents ahead of ballot proposals to explain them.

“Think about this for a minute. Think about the fact that if I were to perform my duty as I have performed it over the last 18 years I would be subject to a fine, jail sentence and to charging with a misdemeanor, all because I tried to do my job,” Lyons said.

From the Detroit Free Press:

Douglas Alexander, Algonac city manager, said that while much of the attention is on ballot initiatives that have to deal with taxes, he’s concerned about what it will mean for a March 8 proposal in his community to approve a lease agreement with the U.S. Coast Guard for a section of the Algonac seawall.

In the past, the city would have provided “factual, objective and neutral information” in its quarterly newsletter “so our residents could make an informed decision.”

“Now, we can no longer do that,” Alexander said. “We would have explained that the Coast Guard would be paying for repairs.”

Residents, he said, will have questions.

“Should I expect every one of them to pick up the phone and call me? I hope not. But that’s the alternative we have now and it doesn’t make sense.”

From the Associated Press:

…But groups representing school districts, municipalities and other government entities said the “fix” pending in the House Elections Committee is inadequate and would only let them communicate the election date and a 100-word ballot summary of the proposal to voters.

Dearborn Mayor Jack O’Reilly, president of the Michigan Municipal League, said the secretary of state found only five valid complaints in three years of a local entity improperly advocating for a ballot measure.

“There is no indication there was any great calamity to be solved” by this law, he said during a news conference in Lansing to announce the suit. “This was a political thing that never should have happened.”
Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at mbach@mml.org or 734-669-6317.

U.S. Rep. Sandy Levin and Macomb County Area Officials Seek Repeal of ‘Gag Order’ in PA 269

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Roseville Mayor Robert Taylor kicks off Thursday's news conference at the Roseville Fire Department.

Roseville Mayor Robert Taylor kicks off Thursday’s news conference at the Roseville Fire Department.

Numerous Michigan Municipal League members and mayors from the Macomb County area attended news conference in Roseville Thursday against the “gag order” provision in the newly enacted Public Act 269.

The highly successful, well-attended event at the Roseville Fire Department was organized and led by U.S. Rep. Sandy Levin, D-Royal Oak. More than 75 people attended and participants included current League board members Ed Klobucher, Hazel Park city manager, and Mark Vanderpool, Sterling Heights city manager, as well as past board member and Eastpointe Mayor Suzanne Pixley. Other communities represented included Roseville, Royal Oak, Ferndale, Center Line, Mount Clemens, Pleasant Ridge, Berkley, Huntington Woods, St. Clair Shores, Fraser, and Warren. View a list of other attendees here.

“Repeal the gag rule, there’s no other alternative. We don’t want a modification, we want repeal of that provision,” Levin stated at the start of the news conference. “Under the new law – passed under the cloak of darkness – within 60 days of an election, a school district or local government cannot tell people whether a millage question appearing on their ballot is a new tax or a renewal of a previous millage, or even tell residents what their tax dollars would be spent on should a millage be approved. The large gathering today of local leaders from various walks of life vowed to turn up the heat until this misguided provision is repealed.”

U.S. Rep. Sander Levin calls for a repeal of the gag order provision in PA 269.

U.S. Rep. Sander Levin calls for a repeal of the gag order provision in Michigan’s PA 269.

Many of the speakers were not just critical of PA 269 (formerly SB 571), but they were angry about it.

A provision in PA 269 places a gag order on ways local officials can communicate with their residents about local ballot questions within 60 days of an election. This gag order is currently in effect for those of with ballot items in the March 8 election and in all subsequent elections. There are more than 100 entities with ballot questions heading to voters March 8, including several in Macomb and Oakland counties.

Specifically, the law prohibits local governments from communicating with voters by giving them factual information about a ballot measure through radio, television, mass mailing or prerecorded telephone messages within 60 days of an election.

“I want this to be perfectly clear,” Klobucher said, “Public Act 269 is nothing less than an attack on the free speech rights of local officials in the state of Michigan to provide information to their constituents. I can’t say that strongly enough.”

Hazel Park City Manager Ed Klobucher speaks against Section 57 in PA 269.

Hazel Park City Manager Ed Klobucher speaks against Section 57 in PA 269.

Klobucher talked about the need to inform voters about a public safety funding consolidation effort involving the city of Hazel Park and the city of Eastpointe a year ago. Voters in both cities overwhelming approved in February of 2015 the creation of the public safety authority that included a 14-mill tax increase. The plan was essential in keeping the two communities financially afloat and out of potential emergency management, he said.

“I cannot believe that I’m standing here in 2016 in the State of Michigan and we are actually debating the issue in which the Michigan Legislature has curtailed our right to educate. Sorry I’m going to continue to open my mouth no matter what, come and arrest me. This is the United States of America and my voice will be heard and I hope all of your voices will be heard as well.”

Jessica Keyser, director of the Ferndale Public Library, spoke on behalf of her colleagues in Macomb and Oakland counties. Keyser, as quoted in the Macomb Daily, said the law violates the most-important responsibility of any librarian: to provide information to the public.

“If they want to throw us in jail, they’ll need to make more room in the cells,” she told the gathering.

Sterling Heights Mayor Michael Taylor addresses the crowd at Thursday's news event in Roseville.

Sterling Heights Mayor Michael Taylor addresses the crowd at Thursday’s news event in Roseville.

Sterling Heights Mayor Michael Taylor said there are already laws in place to prevent local governments from advocating on local ballot issues and a system .

“Last year, the Governor asked Mayors from across the state to share information with our residents about Proposal 1, which was a very complicated ballot measure,” Taylor said. “A few weeks ago, he signed a bill into law that would make me a criminal for doing what he asked me to do less than one year ago. This law needs to be repealed to allow us as public officials to give our residents unbiased, factual information about what we are placing on the ballot for their consideration.”

Macomb County Executive Mark Hackel was also very direct explaining he is “absolutely appalled that this legislature took away the basic Constitutional right of freedom of speech. … This needs to be repealed.”

The League and a coalition of organizations have supported bipartisan efforts to repeal the gag order provision in Section 57 of PA 269 and lift the limitations on local officials trying to give voters important, basic and factual information on local ballot issues.

Warren Mayor James Fouts speaks during the news conference.

Warren Mayor James Fouts speaks during the news conference.

View an article about the Thursday’s news conference by Detroit News reporter Christine Ferretti and another by the Macomb Daily’s Frank DeFrank. View a press release about the event from U.S. Rep. Levin’s office.

Please contact your lawmakers today and ask them to support bills that would repeal Section 57 of PA 269. Read the League’s issue summary, view sample resolutions from Michigan communities seeking repeal, and check out the joint statement calling for repeal, and Chris Hackbarth’s blog detailing League concerns. More.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at (810) 874-1073 and mbach@mml.org.

League, other organizations to Governor Snyder: VETO SB 571

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Dearborn Mayor and League President Jack O'Reilly discusses SB 571 during a news conference Tuesday, Jan. 5, 2016.

Dearborn Mayor and League President Jack O’Reilly discusses SB 571 during a news conference Tuesday, Jan. 5, 2016.

Governor Rick Snyder needs to veto a campaign finance bill sitting on his desk that would create more problems than it attempts to solve.

This was the basic message of a well-attended news conference Tuesday at the Michigan Municipal League’s Lansing office about SB 571. The event was covered by nearly a dozen members of the media, including radio, TV and print/online. Read articles about the news conference by: the Detroit News, mlive.com, WLNS TV, WILX TV, WOOD TV, Lansing State Journal, Dearborn Press & Guide, WSJM radio and subscription news services Gongwer and MIRS. The League’s call to veto this bill (read details about that here from the League’s Chris Hackbarth) seems to be gaining momentum.

Check out this Kalamazoo Gazette article that quotes some Republican lawmakers who are having second thoughts about approving SB 571. View this Detroit News editorial calling for a veto.

Rochester Hills Mayor Bryan Barnett discusses SB 571 during a press conference Tuesday,

Rochester Hills Mayor Bryan Barnett discusses SB 571 during a press conference Tuesday,

Senate Bill 571 passed the legislature on Dec. 16 with some extensive last-minute revisions. The bill expanded from 12 pages to 53 pages, but the very last change is the one we had the press conference about. Section 57 of the bill would prevent public entities from distributing information about a ballot proposal in the 60 days before an election.

“In other words, in the weeks before an election we cannot use a mailing or local cable outlets to inform our constituents if a measure will raise or lower their tax rate, who it will affect, if it will mean the community will be selling a piece of property and where it is, how a charter change will affect them or anything else,” said Dearborn Mayor Jack O’Reilly, president of the Michigan Municipal League.

The legislation would prohibit them from distributing public notices on television, radio and in print media explaining property tax proposals, school bond issues or changes in a local charter.

Orion Township Supervisor Chris Barnett discusses SB 571.

Orion Township Supervisor Chris Barnett discusses SB 571.

“Local officials wouldn’t even be able to tell voters in their newsletter who’s running for city council,” said League CEO and Executive Director Dan Gilmartin.

Chris Barnett, supervisor of Orion Township, said the legislation amounts to a “gag order” on election officials 60 days prior to an election.

“What (voters) expect me to do is answer questions and give them information,” Barnett said.

Republican Rochester Hills Mayor Bryan Barnett said perhaps this is a legislative effort to stop tax increases, but that’s not what’s going on in his community. Over the past four years the largely conservative community has considered seven ballot proposals, and only one was a tax increase.

To educate voters on these issues, which are often complicated, Rochester Hills government has turned to YouTube and public access television. But the line could get blurry.

“Can I respond to a resident asking a question about a millage proposal? It’s very concerning,” Barnett said.

A large amount of media attend a news conference Tuesday on SB 571 at the Michigan Municipal League's Lansing office.

A large amount of media attend a news conference Tuesday on SB 571 at the Michigan Municipal League’s Lansing office.

That concern was echoed by Democratic Dearborn Mayor John O’Reilly, who said “we’re going to end up having a lot of effort made trying to interpret where that line is.”

Governor Snyder has until Jan. 11 to decide whether to sign or veto the bill and already some Republican lawmakers who initially voted for it are saying it might be worth a second look. Read these articles from the Kalamazoo Gazette and Holland Sentinel that talk to lawmakers willing to revisit the bill.

The press conference was emceed by League CEO and Executive Director Dan Gilmartin and featured League Board President and Dearborn Mayor Jack O’Reilly, Rochester Hills Mayor Bryan Barnett and officials representing the Michigan Association of Counties, the Michigan Townships Association, Michigan Sheriffs Association, Middle Cities Education Association, Michigan Association of School Administrators, Michigan County Roads Association, Michigan Association of School Boards, Michigan Infrastructure and Transportation Association, and the League of Women Voters. View a joint press release about the issue.

League CEO and Executive Director Dan Gilmartin kicks off a news conference on SB 571.

League CEO and Executive Director Dan Gilmartin kicks off a news conference on SB 571.

We had nearly a dozen members of the media attend including two Lansing TV stations, Michigan Public Radio, Gongwer, MIRS, mlive, Lansing State Journal, Detroit News and Detroit Free Press.

The League along with numerous communities and organizations have sent letters to Governor Snyder asking him to veto the bill. Read the veto letters from: the League, Michigan Association of Counties, and the Michigan Townships Association.

You can register your opinion about this bill with Governor Snyder during regular business hours at (517) 335-7858. Or go to https://somgovweb.state.mi.us/GovRelations/ShareOpinion.aspx.

Excerpts from articles in mlive and Detroit News about the news conference were including in this blog post.

Matt Bach is Director of Media Relations for the Michigan Municipal League. He can be reached at mbach@mml.org and 810-874-1073.

Communities Voice Opposition to Campaign Finance Bill

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Throughout the week, communities across Michigan have been voicing their opposition to the last second inclusion of language to Senate Bill 571 that would ban communication with voters on local ballot questions within 60 days of an election.  This change happened in the waning moments of the legislative session for the year, late last Wednesday night, without hearing or notice to local government groups.

Council resolutions, letters of opposition, and direct phone calls have been pouring in to Governor Snyder’s office since this change was discovered.  You can read the League’s letter to the Governor here – VetoLetter SB571.  Organizations across the state are submitting similar letters asking the Governor to veto this bill.

Please continue to contact the Governor’s office and your State Representatives and Senators to let them know you are opposed to this unnecessary and heavy-handed proposal.

Chris Hackbarth is the League’s director of state affairs. He can be reached at 517-908-0304and chackbarth@mml.org.

Last Second Addition to Campaign Finance Bill Puts Gag Order on Communities

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As the House and Senate were winding down the final minutes of session for the calendar year late Wednesday night, a seemingly innocuous Campaign Finance Act bill was amended to include over 40 pages of new language and quickly passed back and forth between the two chambers for approval right before they adjourned.  Senate Bill 571 originally passed the Senate unanimously in November.  Late on Wednesday night, as the House brought this bill up for consideration a substitute version was adopted that increased the 12-page bill to 53 pages in length and introduced new language into Section 57 of the act that deals with permissible and prohibited activities by public bodies on election-related issues.  This language was inserted without any notice to the League or other local government organizations and moved without any public testimony, let alone public awareness of what was in the new version of the bill.

The new language in Section 57 states:

(3) EXCEPT FOR AN ELECTION OFFICIAL IN THE PERFORMANCE OF HIS OR HER DUTIES UNDER THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.1 TO 168.992, A PUBLIC BODY, OR A PERSON ACTING FOR A PUBLIC BODY, SHALL NOT, DURING THE PERIOD 60 DAYS BEFORE AN ELECTION IN WHICH A LOCAL BALLOT QUESTION APPEARS ON A BALLOT, USE PUBLIC FUNDS OR RESOURCES FOR A COMMUNICATION BY MEANS OF RADIO, TELEVISION, MASS MAILING, OR PRERECORDED TELEPHONE MESSAGE IF THAT COMMUNICATION REFERENCES A LOCAL BALLOT QUESTION AND IS TARGETED TO THE RELEVANT ELECTORATE WHERE THE LOCAL BALLOT QUESTION APPEARS ON THE BALLOT.

There are a number of key concerns that immediately surface when reading this new language.

  • Already existing language in this section provides for an allowance for elected and appointed officials to express their views without fear of violating the act.  This new subsection does not appear to account for that allowance and could be read as a ban on freedom of speech.
  • The prohibition on any communication by television that references a local ballot question would seem to put every public access broadcast of a city council meeting at risk for violating this new provision.  There is also no allowance for a public broadcast of a debate or voter forum, even if that forum is hosted by a third party.
  • Community newsletters or potentially even election day reminders that are mailed to residents could be banned under this language.
  • Because this language specifically bans communication on only local ballot questions, the provision creates inconsistent treatment between communicating with residents on statewide ballot questions versus local questions.
  • Any violation of this section puts a community at risk for a state fine of up to $20,000.

This language puts an undue burden on communities and their residents, blocking access to unbiased, objective communication on the local issues that matter most to the residents in every community in Michigan.  Please contact the Governor’s office to express your concern over this new provision.

Chris Hackbarth is the League’s director of state affairs. He can be reached at 517-908-0304and chackbarth@mml.org.

Local Election Results Show Voters Support Essential Local Services, Better Communities

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A road crew fills potholes in Macomb County.

A road crew fills potholes in Macomb County.

(Go here to view the League’s statement on the defeat of Proposal 1)

Not to be lost in the overwhelming defeat of Proposal 1 last night, is the success of a majority of local ballot questions that also went before voters in Tuesday’s election. The results show voters are willing to support essential services that contribute to a community’s vibrancy.

According to MIRS news service, of the more than 200 questions on local ballots statewide nearly 70 percent were approved. In particular, voters approved nearly 70 percent of the school-related ballot proposals and 78 percent of the proposal dealing with police, fire and emergency services.

View a spreadsheet on the MIRS report here. View the subscription-only MIRS article on the local election results here under the headline “Local Road Proposal Approvals Go 50%, New Money Asks for Roads 21%”.

The local election results also are consistent with the findings of an EPIC-MRA survey co-commissioned by the League. The poll, which you can view here, found that a majority of voters who opposed the Proposal 1 ballot question want the Legislature to get back to work and pass a plan that fixes roads with new revenues. The poll shows that voters did not want major cuts to essential services that make our communities strong and liveable – namely schools, communities and police and fire protection.

Here are some key findings in the EPIC-MRA poll:

  • A strong majority of voters want the Legislature to get back to work now and fix the roads;
  • They are willing to support higher taxes as long as they money goes only to transportation, and they oppose major cuts to K-12 education, higher education, revenue sharing and healthcare to find the money to fix the roads;
  • 64 percent polled “strongly favor” or “somewhat favor” a 1-cent increase in the state sales tax to fix the roads, as long as the new revenue from the penny increase is guaranteed in the constitution for roads, bridges and transportation;
  • 88 percent oppose “major cuts” to K-12 education to pay for roads;
  • 76 percent oppose “major cuts” in revenue sharing for local communities;
  • 63 percent opposed “major cuts” to universities and community colleges;
  • 85 percent support the Legislature working all summer to pass a new roads plan.

The poll also found that the Legislature’s job approval rate sunk to just 27 percent (with only 1 percent giving the Legislature an “excellent” rating). That’s reflected in the constant complaint we’ve heard that the Legislature should have come up with a road solution itself instead of sending it to the voters.

A fire truck makes an emergency run over crumbling roads in Macomb County.

A fire truck makes an emergency run over crumbling roads in Macomb County.

Of note, the poll found that Governor Snyder’s approval rating is an all-time high – 52 percent positive job approval. The Governor has been an exceptionally strong leader on fixing our roads and the League was especially pleased with his statement issued following Proposal 1’s defeat last night. The statement, with the subheadline, “A plan must improve roads without hurting schools, communities,” explains that fixing the roads remains a top priority for the governor and that a new solution should be one that gives “Michigan residents the safe roads they need and deserve and helps our growing economy.”

The League pledges to continue working with governor and the Legislature on a new plan that will fix our roads and bridges while protecting those services essential to Michigan’s families, communities and economy. Like Michigan voters, we do not believe the state can cut our way to prosperity.

There will be much debate in Lansing in the coming days, weeks and possibly months over the next step to fixing our roads. Please stay tuned to this Inside 208 legislative blog for the latest developments. We may also call on you as various plans surface and gain momentum. So please be ready to contact your lawmakers when asked.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at mbach@mml.org and (734) 669-6317.

Voting Yes Tuesday on Proposal 1 is Right Thing for Michigan’s Roads, Communities, Schools

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Sterling Heights City Manager and MML board member Mark Vanderpool speaks at a Proposal 1 Safe Roads Yes! tour bus stop in Romeo. The League appreciates all the support it has received from members on Proposal 1.

Sterling Heights City Manager and MML board member Mark Vanderpool speaks at a Proposal 1 Safe Roads Yes! tour bus stop in Romeo with Governor Rick Snyder and MDOT Director Kirk Steudle. The League appreciates all the support it has received from members on Proposal 1.

The fate of Proposal 1 goes in the hands of voters tomorrow (Tuesday, May 5, 2015) and the Michigan Municipal League strongly encourages you to vote yes on this road-funding plan.

The League Board of Trustees in January officially endorsed Proposal 1 and the League has been actively supporting it ever since. League staff and members have participated in numerous community meetings, town hall events, public forums, debates and city council sessions to promote Proposal 1. Staff and members also were involved in the Vote Yes on Proposal 1 bus tour Thursday, Friday and today. In addition, we’ve encouraged communities to pass resolutions in support and you can view that list here.

Our message throughout the campaign has been the same: That this proposal is in the best interest of communities throughout Michigan and will improve our ability to attract and retain talent.

The League’s John LaMacchia, who has been leading our Vote Yes efforts, said this at a recent Proposal 1 event: “Michigan now spends less per resident on roads than any other state. Let me say that again: Michigan is now dead last in per-capita funding for roads. We’ve neglected to properly invest in our roads and bridges and everywhere you travel in this state you can see the repercussions of that. This proposal will constitutionally guarantees that every penny we pay in state fuel taxes goes to transportation while protecting funding for local governments and schools. This proposal is not perfect … nothing from Lansing ever is. But it does provide a long-term sustainable solution that will fix our roads, and the only guarantee we will have on May 5th if this fails is that our roads will get worse. Vote Yes!”

Here are some details about Proposal 1:

Ballot Proposal:

  • Raises the sales tax from 6% to 7%
  • Exempts sales tax from motor fuel
  • Removes higher education funding from the School Aid Fund
  • Dedicates a portion of the use tax to K-12 education

Statutory Changes Effective Only if Proposal 1 Passes:

  • Increases the tax charged on motor fuel
  • Eliminates the depreciation on vehicle registration fees
  • Increase registration fees on the heaviest trucks
  • Requires more competitive bidding and road warranties
  • Restores the Earned Income Tax Credit to 20% of the federal level

Revenue Generated:

League members - Lapeer City Manager Dale Kerbyson and Lapeer City Commissioner and MML Board member Catherine Bostick-Tullius - talk with Governor Snyder at a Proposal 1 bus tour stop near Davison.

League members – Lapeer City Manager Dale Kerbyson and Lapeer City Commissioner and MML Board member Catherine Bostick-Tullius – talk with Governor Snyder at a Vote Yes on Proposal 1 bus tour stop near Davison.

Fixing our roads will make them safer by repairing dangerous potholes and improving roadway design. Today, many drivers swerve to avoid dangerous potholes or lose control of their vehicles as a result of flat tires.

According to TRIP, a national transportation research organization, roadway design is a contributing factor in about one-third of fatal traffic crashes. Between 2008 and 2012, 4,620 people died in Michigan car accidents – an average of 924 fatalities per year.

For more information about Proposal 1 go to the League’s Safe Roads Yes! webpage.

To learn more about the Safe Road Yes! campaign go here. View here a series of question and answer videos about Proposal 1. Check out what MML members have to say about Proposal 1. See how much your community will get in additional road dollars and constitutional revenue sharing if Proposal 1 is approved. View which Michigan communities have passed resolutions in support of Proposal 1.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at mbach@mml.org. The League’s John LaMacchia can be reached at jlamacchia@mml.org.