Macomb County voters asked if they want charter commission back – Macomb Daily

In this election, Macomb County voters are asked whether they want to appoint a commission to review the county charter to develop a new or amended charter that will be presented to voters at a later date.

The question on the ballot is a requirement of the charter, which took effect in 2011 and mandated that the question be presented to voters in 2014 and every 10 years thereafter.

Voting will continue until November 5, with the exception of Monday, November 4.

A “yes” vote on the ballot question supports the formation of a new charter commission, while a “no” vote supports maintaining the status quo. If the ballot question passes, voters will elect a new charter committee, which could propose changes or a new charter that will go to voters.

There has been very little discussion within the district and no organized effort to support a new charter commission that could change or replace the existing charter.

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

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

The courts issued several opinions when disagreements arose between Hackel and the Board of County Commissioners over the powers granted by the charter.

Mark Hackel spoke earlier this year. MACOMB DAILY PHOTO

“Like the United States Constitution, there will always be issues that will be resolved through the courts,” Hackel added. “Most would agree that the role of the courts is significant in resolving issues that require clarification.”

Don Brown, chairman of the county Board of Commissioners, agrees with the need for a charter commission, noting that disputes are resolved by the courts.

“While it’s not perfect, it’s not worth the money and time it would take to change it,” Brown said.

Ralph “Skip” Maccarone, the current deputy county treasurer who served as executive director of the original charter commission, noted that none of the judicial opinions on the Macomb charter suggested changing the language of the charter, as courts sometimes do when issuing opinions in cases involving charters or constitutions of government bodies.

“The charter was very utilitarian in its application,” said Maccarone, who is also an attorney.

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

“If the right people are elected, the Charter can be greatly improved. This is a very flawed document that definitely needs to be strengthened in many ways,” Kraft wrote. “However, if the wrong people are elected, it could turn the Charter on its head and shift power and responsibilities in an unnecessary way. I still don’t know what to do about this problem. As I participate in the Charter on a weekly basis, I see its weaknesses and holes, but I also fear the potential for abuse if it falls into the hands of the wrong people.”

Kraft did not return a call seeking comment.

County voters in 2009 passed a “home rule charter” that created an executive form of county government, establishing executive and legislative branches of county government to provide checks and balances. In previous years, the 26-member Board of County Commissioners represented both the executive and legislative branches.

The prospect of adopting a charter form of government had been discussed for years, as the county’s governance by an unwieldy council had sometimes been an impediment to progress and created a fragmented voice on the county government side.

The charter was developed and considered in 2008 and 2009 while the county and country were experiencing the Great Recession.

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

“In recent years, county government has faced serious financial challenges and has been forced to make difficult decisions without overall leadership from the executive branch to enforce balanced budget conditions,” Maccarone wrote in 2009. “The need for an executive with the ability to avoid deficits and force the county to live within its means became apparent,”

It would also make one person “accountable to the people for the administration of the county” and would facilitate government cooperation by “giving the executive the opportunity to work more closely with other local governments to help work to improve the efficiency and effectiveness of government.” – Maccarone said.

Two other distinctive elements of the new charter were:

Dissolved the old county road commission, which had at times been controversial, and replaced it with an executive branch highway department.
A five-member Ethics Board has been created to monitor unethical practices in the district.

A charter to amend the charter can be drafted and submitted to voters without the need to create a charter commission. County residents can petition to place an issue on the ballot, or two-thirds of the members of the County Board of Commissioners can place a charter amendment on the ballot in any year.

A 26-member charter committee was elected in 2008 to create a new charter. He later voted 25 to 0 (one member absent) to approve the charter.

The document also was reviewed by then-state Attorney General Mike Cox and Gov. Jennifer Granholm.

Macomb County is only one of two counties (Wayne County is the other) that has home rule. Seventy-nine of Michigan’s 83 counties operate under common law. Oakland and Bay counties have an “optional unified government” as permitted by state law, which provides for either a county manager or an executive form of county government.

Originally published: October 29, 2024 5:46 am EST

Macomb County voters asked if they want charter commission back – Macomb Daily

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