procedure for consolidation a discussion state boundary commission

PROCEDURE FOR CONSOLIDATION A Discussion

STATE BOUNDARY COMMISSIONOffice of Land Survey & Remonumentation

Bureau of Construction Codes Department of Licensing and Regulatory Affairs

Tuesday, January 24, 2012 – Saugatuck, MichiganKevin O’Brien P.S., SBC Staff

SBC = State Boundary CommissionDLARA = Department of Licensing & Regulatory Affairs


Tuesday, January 24, 2012 – Saugatuck, Michigan

Main Steps For A Successful Consolidation:1. Petition to Initiate Consolidation Process

2. SBC Legal Sufficiency Hearing

3. SBC Public Hearing

4. SBC Adjudicative Hearing

5. DLARA Director’s Order

6. Referendum Petition

7. Charter Commission

8. Vote on Charter



1. Petition to Initiate Consolidation Process Petition signed by registered electors who are residents of

one or more of the affected municipalities at least equal to 5 percent of the total population of the affected municipalities [MCL 123.1012(1)]



2. SBC Legal Sufficiency Hearing Petition is reviewed by SBC staff, and a memorandum is

provided to the commission

Commission may:

• Approve legal sufficiency of petition and schedule public hearing

• Approve legal sufficiency of petition, expand revise (rev. 4-18-12) the area of the proposed consolidation, and schedule a public hearing

• Recommend that DLARA director reject the petition as legally insufficient – Process stops, and a new petition drive is required to restart process. [MCL 123.1012(4)]



3. SBC Public Hearing Notice of public hearing posted in newspaper in area of

proposed consolidation [MCL 123.1008(4)]

Held in area of proposed consolidation [MCL 123.1008(4)]

SBC hears comment from involved parties and general public [MCL 123.1008(4)]

SBC receives comment up to 30 days after public hearing and rebuttals in a specified 7 day period [r123.68]



4. SBC Adjudicative Hearing SBC considers evidence presented in light of the 18-point

criteria specified in the SBC act [MCL 123.1009 and Midland Twp. v. SBC 401 MICH 641]

SBC may:• Recommend DLARA director approve the petition [MCL

123.1012a(1)]

• Recommend DLARA director approve the petition with the expanded revised (rev. 4-18-12) area [MCL 123.1012a(1)]

• Recommend that DLARA director deny the petition [MCL 123.1012a(2)]



5. DLARA Director’s Order Per Executive Reorganization Order 1996-2, the powers of

the SBC were transferred to the director of the Department of Commerce (DLARA)

The SBC is a recommending body

The director of the DLARA makes the final decisions on all consolidation petitions

The director does not have to follow the recommendation of the SBC



5. DLARA Director’s Order (cont.) The director may:

• Approve the petition with the boundaries as filed [MCL 123.1012a(1)]

• Approve the petition with the expanded revised (rev 4-18-12) boundary [MCL 123.1012a(1)]

• Deny the petition. If the petition is denied, the consolidation procedure is ended [MCL 123.1012a(2)]



6. Referendum Petition If the director signs the order approving the consolidation,

the order becomes final in 45 days, unless, a petition asking for a referendum on the consolidation question is filed with the SBC. [MCL 123.1012a(3)]

• The petition must be signed by 5 percent of the registered electors residing in the area to be consolidated.

• If the petition signatures are approved, the SBC shall order a referendum to be placed on the ballot for voter approval.



6. Referendum Petition (cont.) In order to be adopted, the proposition to consolidate

shall receive an affirmative majority vote in each municipality voting separately. [MCL 123.1012a(4)]

• If a majority of the votes cast in each municipality affected are in favor of consolidation, the director’s order becomes final and proceedings continue.

• If a majority of the votes cast in each municipality affected are NOT in favor of consolidation, the proceedings on the consolidation proposal shall terminate.



7. Charter Commission 9 charter commissioners chosen by:

• Election held at the time of the referendum or at an election within 60 days after a favorable vote on the proposition to consolidate. Representation is based upon the percentage of the population of each municipality to the total population of the proposed consolidated city. [MCL 123.1013(1)]

• The governing bodies of the municipalities proposed for consolidation may appoint the charter commissioners by resolution. In this case, representation shall be equal for all municipalities. [MCL 123.1013(2)]



7. Charter Commission (cont.) Convenes within 10 days after the election [MCL 117.15] Drafts a proposed charter Submits the proposed charter to the Governor of Michigan

through the Michigan Attorney General’s Office [MCL 117.22]

Revise charter as needed per Governor’s comments [MCL 117.22]

Publishes the proposed charter in the local newspaper [MCL 117.15(3)]

Submit proposed charter to voters for approval [MCL 117.23 and 123.1015]



8. Vote on Charter

If the charter is adopted by a majority of the electors of each municipality proposed for consolidation, voting separately, the consolidation in the charter shall be operative at such time as shall be stated in the charter. [MCL 123.1015]

If the charter is not adopted on the first vote taken by the electors, the charter commission may reconvene and prepare a new or revised charter and shall submit the revised charter to the electors. If the second charter does not receive a favorable vote of a majority of the electors of all the affected municipalities, voting separately, the consolidation proceedings shall end. [MCL 123.1017(2) and (3)]



8. Vote on Charter (cont.) At the same election proposing the adoption of the

charter, the election of the officers of the proposed consolidated city shall take place. [MCL 117.15(3)]



???Questions???Thank You State Boundary CommissionOffice of Land Survey & Remonumentation Bureau of Construction Codes Department of Licensing and Regulatory Affairs P.O. Box 30254 – Lansing, MI 48909Phone: 517-241-6321 Fax: 517-241-6301 [email protected]

procedure for consolidation a discussion state boundary commission

Documents

petition mcl

successful consolidation

consolidation processpetition

area mcl

sbc procedure

sbc act mcl

boundary mcl

legal sufficiency of