Is Detroit’s Constitution at Stake?  

Michigan Chronicle Digital Anchor Andre Ash, right, interviews Detroit Charter Commissioner Nicole Small, center, and Rev. Horace Sheffield inside the Real Times Media Studio on Tuesday, June 22.

 

The spotlight is on the future of Detroit’s City Charter Proposal on an upcoming Tuesday, August 3 ballot, and is a measure that is not without controversy.

The proposal, and issues surrounding it were discussed during a heated debate Tuesday, June 22 at the Real Times Media (RTM) Studio 1452.

During a Michigan Chronicle News Now segment with Digital Anchor Andre Ash, he spoke to Charter Commissioner Nicole Small and Rev. Horace Sheffield inside the studio as Attorney Lamont Satchel (representing the Commission) joined virtually.

The roughly 30-minute interview covered topics that Small covered including conversations surrounding what is not in the charter, including promises of “free water” in the city of Detroit.

Sheffield, who brought a lawsuit challenging the City Charter procedures, discussed at length his positions, which included not taking anything away from Detroiters.

“What is your issue with the procedure?” Ash asked Sheffield.

Sheffield said that both Governor Gretchen Whitmer and State Attorney General Dana Nessel “weighed in” and said the City Charter had “illegal provision.”

“There was a subsequent change that was not filed in time for that to be what was actually on the ballot — that was the basis of my claim: That we need to be real clear was going to be on the ballot,” he said, adding that he thought there were some procedural issues. “Anybody who is in public office or runs for public office challenges petitions challenges the process — I knew at some point it would be on the ballot.”

 

Governor Gretchen Whitmer rejected the proposed revised City of Detroit Charter in May and said the nearly 200-page document needs a review by the Attorney General’s (AG) office, WXYZ reported earlier.

That AG review revealed the current city charter draft had “substantial and extensive legal deficiencies,” according to the article.

In Whitmer’s letter to the Charter Commission, she noted that some of the provisions in the revised charter would need the Detroit Financial Review Commission’s input, according to the article. That commission is the governing body that would have grounds to oversee Detroit’s finances if the city faces another financial upheaval, like the previous one that caused the city to go into bankruptcy, according to the article.

The proposed charter revisions caused a stir with charter commission members and the city also. Mayor Mike Duggan has been vocal recently with his disagreement with some of the commission members’ financial revisions to the charter saying that numerous items in their proposal would cost the city $2 billion and bring it back into bankruptcy, according to the article.

Detroit Charter Revision Commission Chair Carol Weaver was also quoted in a statement to the Michigan Chronicle in June regarding an “immediate appeal” being prepared for the case to be heard before the Michigan Court of Appeals regarding even more opposition toward the Detroit Charter Commission.

“The elected members of the Detroit Charter Revision Commission are greatly disappointed with the decision by Judge Timothy Kenny of the Third Judicial Circuit Court of Michigan,” Weaver said in her statement. “His opinion disregards much of the law regarding the right of electors to adopt their charters. Both Michigan Governor Gretchen Whitmer and Attorney General Dana Nessel agree that the Governor has absolutely no power to prevent a revised charter from being considered by Detroit voters. This fact was made very clear in the Governor’s April 30, 2021 letter to the Commission.”

A news conference was to be held once the appeal was officially filed with the Michigan Court of Appeals.

Ash asked Small what her take on Nessel thinking the revised charter was illegal.

“I don’t know what position Attorney General actually takes,” Small said, adding that on April 30 the Commission received a letter stating that the Charter had two options including taking the objection from her and the governor to amend the charter or go forward with the charter as is with the deadline for the Election Commission to approve what would be on the ballot by May 13.

Small added that then on May 24 they both said based on media reports the Chater Commission revisions were “illegal.”

“You have an entire cabinet of people … to do a deep dive and say, ‘Did we miss inform the Charter Commission and Detroiters as to what the process should be?’” Small said of Whitmer and Nessel, adding that the Commission was “compliant with the ask” from Whitmer.

Sheffield said that while there were some revisions done to the Charter that weren’t filed in enough time, Small had an “apt argument” for not being able to due to the time constraints she was given. He added that that particular legal case with Whitmer and Nessel has been solved and he’s advocating as a citizen now for what is presently in the charter.

“What we now have on the ballot … is the original charter that they (the Commission) did present to the governor … subsequent changes are not in it so that is part of the confusion that some people have as well,” Sheffield said.

Small said that the charter revision does not contain free water for Detroit residents but a water affordability plan (based on income) and will generate over $30 million for Detroit, which she said “you never hear anyone talk about.”

“It would bring jobs to Detroiters — isn’t that what we always hear from City Council?” Small said of job opportunities.

Watch the full interview here.

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