Officials can’t do a ballot initiative; Hilferink says he’ll launch petition
By Barb Pert Templeton
At a Sept. 7 meeting of the Marine City Commission City Attorney Robert Davis did a presentation regarding putting the recreational marijuana facilities issue on the ballot and it turns out it can’t be done.
After conducting some research on the topic Davis said he discovered the commission has no power to put the matter on the ballot.
“Your charter does not have a provision that allows you as a body to initiate a ballot initiative or a ballot referendum, you have a charter that says the public has those two rights,” Davis said. “So, my advice to you is to A do nothing or B consider the type of ordinance that I presented to you on Sept. 1 for review and potential consideration for a first reading and further discussions.”
A majority of the Marine City Commission had approved a motion back in June to have the city attorney draw up an actionable ballot initiative.
Marine City Commissioner William Klaassen said since there’s already an ordinance on the books that prohibits marijuana facilities in the city the commission should just stand by it.
Commissioner Michael Hilferink, who has been a proponent of allowing dispensaries in town in order to bring additional revenue to the city, made the motion at that time and it was seconded by Mayor Pro Tem Lisa Hendrick. Commissioners Jacob Bryson and William Klaassen voted against the motion.
The topic was once again up for discussion at the commission’s most recent meeting on Sept. 7.
(Hilferink had been arrested for disturbing the peace and removed from the Sept. 7 meeting prior to the dispensary discussion.)
Despite that turn of events the commissioner wanted to be heard on the issue and took to his Facebook page, Marine City – Clay – Algonac – East China Citizens for Better Transparency, live on Sunday Sept. 10.
Hilferink characterized Davis’ opinion as “the commissions’ decision to take away your rights to have marijuana dispensaries in town” even though the commission previously voted 5-2 to put the issue on the ballot.
“The city attorney wrote another B.S. opinion saying it was improper,” Hilferink said. “This was after previously saying we could do it, we could put it on the ballot, as long as it was phrased correctly.”
Marine City Commissioner Michael Hilferink took to his Facebook page to weigh-in on the
latest discussion held regarding marijuana dispensaries in the city.
“It’s nonsense, to me it’s a direct violation of you guys right to vote” Hilferink continued. “It’s a direct violation of the motion we already passed and they didn’t even rescind that motion, that’s how clueless this city attorney is and how blind this commission is; they are just going along to get along and I don’t exactly know why yet.”
It seems Davis had a premonition about someone questioning his motives and so during his Sept. 7 presentation he stated;
“I was expecting comments this evening about how somehow I’ve flip flopped on this with the ballot initiative process but that’s not true,” Davis said. “What I said in February is that I’ll look into this for you, I’ll try make it happen, I’ll try to find a way where you can take it to a ballot but I can’t get it off your desk this is on you.”
Davis’ explanation in detail
Davis moved to the podium from the commission table on Sept. 7 to address the board and the audience regarding marijuana facilities in the city. He said back in February he gave the commission three conclusions or options they had on the topic.
The first one was to do nothing and simply maintain the ordinance already in place that prohibits any facilities in the city. He said that’s been in place since 2019 and there has been no objection from residents and they haven’t created a ballot initiative to change the ordinance.
The second option was to proactively develop an ordinance that would allow officials the control over any facilities in the city and where they could be. The third option would be for the commission to work on a city ballot initiative that wouldn’t violate the law and he specifically stated that that alternative would be difficult.
Davis conceded that yes, the commission had voted to have the ballot initiative language developed but he has since learned that only the residents can undertake such an initiative.
The commission can enact ordinances, repeal ordinances, amend ordinances and modify ordinances under the charter, that’s their role. At the same time, under the charter, only a citizen can do a referendum, asking for a repeal of an existing ordnance or they can launch a ballot initiative.
He said the commission now has a new ordinance he drafted and they need to look at it and comment on things and decide what they want to do going forward.
Klaassen said he felt the commission should do nothing and just let the current ordinance in the city charter that prohibits marijuana facilities remain in place.
During his Facebook live session Hilferink said he will now start a petition himself for a referendum to put the issue on the ballot.
“That’s really our only option because we have a city attorney here that’s out of control and we have a commission that’s too scared to stand up to him,” Hilferink said. “So, look for that I’m going to be getting on that real soon. And I’m going to make that happen for you guys because I know it’s something you guys – the majority – wants.”
