HomeMy WebLinkAboutResolutions - 2016.02.17 - 22200REPORT (MISC. #16012)
BY: General Government Committee, Christine Long, Chairperson
IN RE: MR #16012 - BOARD OF COMMISSIONERS — SUPPORT FOR THE FIRST
AMENDMENT RIGHTS OF LOCAL GOVERNMENT OFFICIALS AND CALL FOR
LEGISLATION AMENDING PA 269 OF 2015
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above referenced resolution on
February 8, 2016, reports with the recommendation the resolution be adopted as follows:
"NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners calls upon the Michigan Legislature to adopt legislation without delay to
reconsider and amend PA 269 of 2015 to correct any limitation on the free speech rights
of local officials to express their views on public issues and to eliminate barriers on local
governments and officials to distribute factual, unbiased information and educational
materials"
Chairperson, on behalf of the General Government Committee, I move the acceptance of the
foregoing report.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote.
Chairperson, I move the adoption of the foregoing Resolution.
Commissioner Helailie Zack
District #18 Mrict #3
MISCELLANEOUS RESOLUTION # 16012
BY: Commissioners Helaine Zack, District #18; Michael Spisz, District #3; Bill Dwyer, District #14; Nancy
Quarles, District #17; Marcia Gershenson, District #13; Janet Jackson, District #21; Gary McGillivray,
District #20; Shelley Taub, District #12; David Woodward, District #19
IN RE: BOARD OF COMMISSIONERS — SUPPORT FOR THE FIRST AMENDMENT RIGHTS OF
LOCAL GOVERNMENT OFFICIALS AND CALL FOR LEGISLATION AMENDING PA 269 OF 2016
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in the closing hours of the 2015 session, the Michigan Legislature passed SB 571 providing
for numerous changes to Michigan's Campaign Finance Act; and
WHEREAS an amendment was inserted into SB 571 which creates new significant limitations on the
ability of local government officials to communicate with their citizens; and
WHEREAS under the provisions of this amendment, a public body, or a person acting for a public body, is
prohibited from using public funds or resources for the purpose of communicating any information to the
electorate regarding a local ballot question that is to appear on the ballot within 60 days of an election;
and
WHEREAS in signing Senate Bill 571, Governor Snyder forwarded a message to the Legislature calling
for legislation to correct the language contained in this provision; and
WHEREAS many local government officials, legal experts and members of the media have concluded
this law can be interpreted to limit the first amendment rights of local government officials to express their
views on important public issues; and
WHEREAS this new law may also be interpreted to limit the ability of local governments and officials to
distribute factual information and educational materials to assist voters in making informed decisions on
local proposals; and
WHEREAS municipal elected and appointed officials have a civic and legal duty to the residents of their
communities to fully inform them regarding the issues placed before them, upon which they may exercise
their constitutional right to vote; and
WHEREAS existing laws, including the former language in Section 57, and decades of guidance from the
Michigan Secretary of State, already prohibit the use of public funds to advocate for or against ballot
issues; and
WHEREAS existing laws already provided for an allowance for elected and appointed officials to express
their views without fear of violating the act; and
WHEREAS because the new law bans only communication on local ballot issues, it creates inconsistent
treatment of statewide ballot questions versus local initiatives; and
WHEREAS there are substantial questions regarding the constitutionality and legality of the new law,
including a possible ban on freedom of speech; and
WHEREAS the Michigan Municipal League, Michigan Association of Counties, Michigan Townships
Association, Michigan Infrastructure & Transportation Association, Michigan Association of School
Administrators, Michigan Association of School Boards and Michigan Association of Intermediate School
Administrators have jointly called for the repeal of the new provisions included in PA 269 that limit the
ability of local governments to communicate with their citizens; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners calls upon the
Michigan Legislature to adopt legislation without delay to reconsider and amend PA 269 of 2015 to
correct any limitation on the free speech rights of local officials to express their views on public issues and
to eliminate barriers on local governments and officials to distribute factual information and educational
materials to assist voters in making informed decisions on local proposals.
BE IT FURTHER RESOLVED that the Clerk of the County of Oakland is directed to submit a copy of this
resolution to the Board's legislative lobbyists, the Office of the Governor, Senate Majority Leader, Senate
Minority Leader, Speaker of the House, House Minority Leader,and the Oakland County delegation to the
Michigan Legislature.
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Resolution #16012 January 20, 2016
The Chairperson referred the resolution to the General Government Committee. There were no
'objections.
Resolution #16012 February 17, 2016
Moved by Hoffman supported by Dwyer the resolutions with (fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII,
McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman,
Crawford. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
HEREBY APPROVE THIS FISSOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 17,
2016, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 17 th day of February, 2016.
Lisa Brown, Oakland County