Oak Park Ballot Issue to be Settled Monday, Maybe Tuesday
(Crystal A. Proxmire, May 30, 2014)
After over two hours of negotiations between attorneys, it is still unclear if Oak Park is going to allow a proposed charter amendment change to go on the Aug. 5 ballot. The group Safer Oak Park collected 1,800 signatures to put the measure to a public vote, yet the City refused to put it on the ballot, saying they had to get approval from the State Attorney General first.
Safer Oak Park then filed suit against the City in Oakland County Circuit Court asking to have the measure to be placed on the ballot since they had followed all the legal steps to put it there.
Oak Park’s position is that because the petitions called for a change to the City Charter, the language had to be approved by the State Attorney General. They claim they sent the language to Attorney General Bill Schuette for review but have not gotten a response.
The proposal, if adopted, would prohibit city ordinances from applying to the private use, possession or transfer, or to the transportation by an adult of less than one ounce of marijuana.
Oak Park City Manager Erik Tungate said elected officials would hear a proposed agreement in a closed session on Monday evening. If the City Council does not agree to the negotiated outcome, the matter is scheduled to be heard in court on Tuesday morning.
“We maintain our stand and position,” Tungate said. “But this is the process we’re going to undertake. Whether we resolve it or not remains to be seen. There are good arguments to both sides.”
Tim Beck of Safer Oak Park said “we expect the issue to be settled Monday.”
Beck has been involved in petition initiatives throughout Michigan. A proposal in Ferndale passed last year that was an ordinance change, and a proposal is going on the Aug. 5 ballot for Hazel Park which is also an ordinance change.
When asked why the group sought a charter change in Oak Park rather than an ordinance change, Beck explained that their decision is based on the number of signatures required. He said that in Oak Park petitioners must get 15% of registered voters for an ordinance change, but only 5% for a charter amendment.
Though it is not the determining factor, Beck said, “A charter amendment is much more effective because it is harder to repeal once it passes. It’s almost bulletproof.” In his various efforts there have been cities that approved each option.
For previous stories see:
https://oaklandcounty115.com/2014/05/29/pro-pot-petitioners-sue-oak-park-over-neglecting-ballot-proposal/
https://oaklandcounty115.com/2014/04/22/oak-park-and-hazel-park-get-pot-petitions-turned-in-berkley-next/
https://oaklandcounty115.com/2014/04/09/hazel-park-pot-petition-gets-start-other-cities-too/
https://oaklandcounty115.com/2014/04/08/cissell-gets-probation-suspended-jail-time-in-false-statement-case-video/
https://oaklandcounty115.com/2014/01/31/looking-at-the-elements-in-the-andrew-cissell-petition-trial-video/
https://oaklandcounty115.com/2013/11/16/cissell-case-moves-forward-sheriff-says-not-political/
https://oaklandcounty115.com/2013/10/16/cissell-charged-with-voter-fraud/
https://oaklandcounty115.com/2013/10/28/collins-and-covey-debate-ferndale-marijuana-proposal/
https://oaklandcounty115.com/investigation-into-possible-voter-fraud-in-marijuana-petition/
https://oaklandcounty115.com/2013/09/14/marijuana-ordinance-petitioner-arrested-on-drug-charges//
https://oaklandcounty115.com/2013/09/11/clinical-relief-case-continues-charges-reinstated-by-court-of-appeals/
https://oaklandcounty115.com/2013/08/12/marijuana-ordinance-goes-to-nov-5-ballot
https://oaklandcounty115.com/2013/08/11/council-to-vote-on-marijuana-ordinance-monday-video/
https://oaklandcounty115.com/2013/08/09/board-of-appeals-hears-clinical-relief-case/
https://oaklandcounty115.com/2013/07/29/ferndale-voters-could-decide-on-pot-decriminalization/
https://oaklandcounty115.com/2013/07/30/cissell-and-covey-turn-in-pro-pot-petition-for-ferndale-video/
https://oaklandcounty115.com/2012/05/15/straight-talk-on-medical-marijuana-laws-proposed-changes/
https://oaklandcounty115.com/2012/07/22/council-imposes-distance/
https://oaklandcounty115.com/2012/01/12/clinical-relief-drug-charges-dismissed/
http://ferndale115.com/20100826clinic.html – Ferndale Clinic Still Open After Raid
http://www.ferndale115.com/20100629medicalm.html – Ferndale Places Moratorium on Medical Marijuana Based Businesses.