PROCEDURE FOR CONSOLIDATION A Discussion STATE BOUNDARY COMMISSION Office of Land Survey & Remonumentation Bureau of Construction Codes Department of Licensing and Regulatory Affairs Tuesday, January 24, 2012 – Saugatuck, Michigan Kevin O’Brien P.S., SBC Staff SBC = State Boundary Commission DLARA = Department of Licensing & Regulatory Affairs

PROCEDURE FOR CONSOLIDATION A Discussion 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

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan 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 (1)]

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan 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 ) 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 (4)]

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan 3.SBC Public Hearing  Notice of public hearing posted in newspaper in area of proposed consolidation [MCL (4)]  Held in area of proposed consolidation [MCL (4)]  SBC hears comment from involved parties and general public [MCL (4)]  SBC receives comment up to 30 days after public hearing and rebuttals in a specified 7 day period [r123.68]

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan 4.SBC Adjudicative Hearing  SBC considers evidence presented in light of the 18-point criteria specified in the SBC act [MCL and Midland Twp. v. SBC 401 MICH 641]  SBC may: Recommend DLARA director approve the petition [MCL a(1)] Recommend DLARA director approve the petition with the expanded revised (rev ) area [MCL a(1)] Recommend that DLARA director deny the petition [MCL a(2)]

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan 5.DLARA Director’s Order  Per Executive Reorganization Order , 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

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan 5.DLARA Director’s Order (cont.)  The director may: Approve the petition with the boundaries as filed [MCL a(1)] Approve the petition with the expanded revised (rev ) boundary [MCL a(1)] Deny the petition. If the petition is denied, the consolidation procedure is ended [MCL a(2)]

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan 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 a(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.

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan 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 a(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.

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan 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 (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 (2)]

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan 7.Charter Commission (cont.)  Convenes within 10 days after the election [MCL ]  Drafts a proposed charter  Submits the proposed charter to the Governor of Michigan through the Michigan Attorney General’s Office [MCL ]  Revise charter as needed per Governor’s comments [MCL ]  Publishes the proposed charter in the local newspaper [MCL (3)]  Submit proposed charter to voters for approval [MCL and ]

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan 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 ]  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 (2) and (3)]

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan 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 (3)]

PROCEDURE FOR CONSOLIDATION A Discussion Tuesday, January 24, 2012 – Saugatuck, Michigan ???Questions??? Thank You State Boundary Commission Office of Land Survey & Remonumentation Bureau of Construction Codes Department of Licensing and Regulatory Affairs P.O. Box – Lansing, MI Phone: Fax: