City of Warren residents will have the opportunity to vote Nov. 3 on a city charter amendment that seeks to standardize the number of terms elected officials can serve in the city.
Representing the Warren City Council in mandamus litigation before the Michigan Court of Appeals, Plunkett Cooney’s Robert G. Kamenec and Jeffrey M. Schroder successfully argued last week that the Warren city clerk must place on the Nov. 3 ballot a proposal to reduce the Mayor’s term limit from five to three, consistent with all other elected city officials.
The proposal had previously been passed by the city council 7-0, but the city clerk refused to certify the ballot language to the Macomb County clerk, claiming the governor’s approval of the ballot proposal was first required because the proposal would amend the Warren City Charter. A judge of the Macomb County Court agreed, prompting emergency appellate litigation.
The Michigan Court of Appeals granted expedited review and, in a matter of first impression, reversed and ordered the city clerk to immediately certify the ballot language to the Macomb County clerk, as required by Michigan law. The Michigan Supreme Court denied emergency review, which then forced the city clerk to certify the ballot language on the evening of Sept. 3.
This opinion acts as binding precedent in Michigan establishing that, although the governor’s approval of a city charter amendment is required before a ballot proposal containing such an amendment is presented to the electors, such approval is not a prerequisite to a local clerk’s certification requirements of ballot language.
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