Village to vote Tuesday on adding law

By Elizabeth Lowe
Staff writer

Goodrich – If most residents vote yes Tuesday to change their charter, activists trying to dissolve village government will see major differences.
In February, the former village council gave preliminary OK to ballot language written by village attorney Tom McKenney, approved by the interim council April 11.
On the Aug. 2 ballot, voters will be asked to adopt into their village charter portions of law now governing general-law villages across the state of Michigan.
Since Goodrich was incorporated as a village in 1957, three known dissolution attempts have been made. The portions of general law language–if passed–take the uncertainty of how to vacate the village if residents make a fourth attempt.
Nearly 400 people signed a petition circulated last fall to dissolve the Village of Goodrich. The signatures proved futile when the village council decided not to put the issue to a vote.
Although ‘Vacate the Village? proponents made a statement in recalling that village council Feb. 22, the village still has no outlined procedure to disband its government, if and when residents decide it’s necessary.
If the proposed charter amendment gets approved by voters, 15 percent of residents signing a dissolution petition would force the council to let voters decide.
By law, the council would be required to get dissolution on the ballot within one year of the date petition signatures are received.
Critics feel approving the proposed amendment would make dissolution more difficult, since one option in the procedure to dissolve village government requires approval by two-thirds of voters.
The two-thirds margin applies only if dissolution is voted on without a written dissolution plan drawn up between Atlas Township and Goodrich representatives, explained McKenny in an October 2004 interview with The Citizen.
With a written plan drafted by a joint township-village commission, dissolution would require majority approval, meaning 50 percent plus one vote.
Since Atlas Township is the governing body that would be required to take on current village responsibilities, Atlas Township residents would also have a vote on dissolution.
Voters are being asked to approve the proposal ‘by reference?, meaning portions of Michigan Compiled Law are referred to by number–although not explained–on the ballot.
Voters should come to the polls already understanding the ballot question, since no explanation will be provided at the polls, says Atlas Township Clerk Tere Onica, who is running Tuesday’s election.
Goodrich residents will vote whether to add the following portions of Michigan Compiled Law to their village charter: MCL 74.18a, 74.19, 74.20, 74.23, 74.23a, 74.23b, 74.23c, 74.23d, 74.23e, 74.23f, 74.23g, 74.23h, and 74.23i.
To read the portions of Michigan Compiled Law, voters can look them up by going to http://www.legislature.mi.gov.
MCL printouts are also available at the Village of Goodrich office, located at 7338 State Road across M-15 from Browns? Do-it Center.
To vote via absentee ballot, contact the Atlas Township offices at (810) 636-2548. Completed absentee ballots must be received by Aug. 1 in the Atlas Township office, located at 7386 Gale Road.
Polls will be open for village residents from 7 a.m. to 8 p.m. Aug. 2 at the Goodrich United Methodist Church, located at 8071 S. State Road in Goodrich.

How charter changes affect dissolution

* If village residents vote yes, charter is permanently changed to allow residents to initiate dissolution if desired
* To initiate dissolution, residents collect signatures from 15 percent of registered village voters, after which village council chooses one of two options:
1. The council may immediately put a village dissolution question to a vote; it must be passed by a supermajority, or two-thirds of voters, in both Goodrich and Atlas Township
2. The council may alternatively form a disincorporation commission with three Goodrich and three Atlas Township members to draft a dissolution plan to handle assets, liabilities, services, and other obligations
If draft is approved by both the Goodrich Village Council and Atlas Township Board, the plan is put up for a majority vote of 50 percent plus one voter in both Goodrich and Atlas Township
If this alternate option fails for lack of participation, or if not passed by one board, an election is forced under Option 1, since the amended charter requires a vote within one year of receiving petition signatures

Source: Tom McKenney, legal counsel to Village of Goodrich

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