Friday, November 19, 2010

Kempen Library Initiative action on Monday

Also on Monday, council will consider whether to file a declaratory action with the Oakland County Circuit Court to obtain clarity as to the Kempen initiative library ordinance petition.
In Agenda Item I-07, a memo from the City Manager, City Clerk and City Attorney states that:
"The Kempen Initiative contains an administrative initiative ordinance proposal, as opposed to a legislative initiative. This is significant, since compliance with this ordinance would mandate an amendment to the City Council adopted budget."
Therefore, the council may choose to get a court decision on the matter:
"Unlike the November 2, 2010 defeated independent library proposal(s), which contained dedicated maximum millage options, the Kempen petition is vague and incomplete, and does not provide any funding. If approved, the ordinance would be unsustainable and would circumvent the City Council administrative budgetary process, and could also be in conflict with other provisions of City Charter and State law. As a result, the receipt of this petition raises several complications for City Council. Therefore City Council may wish to obtain procedural clarity from the Court, which would be binding. This can be expedited through the filing a declaratory action lawsuit, where a stay of proceedings could also be requested. It is possible that if such a lawsuit was authorized, that a court decision  could be rendered prior to the expiration of the thirty day time period, as provided in Section 5.12."
The council will possibly vote on the below "Suggested Resolution"

RESOLVED, That Troy City Council hereby DIRECTS the City Attorney to file a declaratory action with the Oakland County Circuit Court to obtain clarity as to the Kempen initiative library ordinance petition.
The entire agenda packet is here (though sometimes these links may not work)

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