Board terminates law firm following ballot issues

By David Fleet

Editor

Goodrich

-On Oct. 24 school board voted 7-0 to terminate Thrun Law as counsel for the district’s ballot language. The board then selected Detroit-based Miller-Canfield as new counsel.

The change comes after a technical error by Thrun Law in the ballot language on the March 8, 2016 non-homestead tax levy renewal of 18 mills used for the school district’s general fund. The millage should have been from 2016-2021, however the year 2016 was omitted from the ballot language. That millage, worth about $1,107,788 of the district’s yearly budget of about $16 million is paid by established businesses.

A law firm is necessary to develop language to comply with the Michigan Constitution and state governing the ballot language’s substance, format and content.

David Cramer, school board president said the change was necessary.

“The board and district are very thankful to the community for their approval of the additional renewal that was needed due to the error on our original ballot language,” said Cramer following the meeting. “The board felt it was necessary to change law firms due to the significant financial implications that are at stake with a millage renewal. Had this renewal not passed it would have created a budget shortfall that would have been very difficult to overcome. Due to these factors we felt it was best to move forward with a different law firm.”

While the majority of district taxpayers reside in Genesee County, the error by Thrun was actually discovered by the Oakland County equalization office about 10 days after the March election. The error prompted a new question for the Aug. 2 ballot in the district and which passed by about 70 percent of voters in the district.

“The (district) negotiations committee met with Miller-Canfield prior to their selection,” added Cramer. “They (Miller-Canfield) are one of the most well respected firms in the state as it relates to bond and election law. They work with several school districts across the state and were recommended by our current legal counsel of Clark Hill.”

Gordon W. VanWieren, president of Thrun Law Firm, P.C., was not reached for comment following the decision; however he did apologize to the community in May after the error and emphasized that state law does not require county clerks to approve ballot language nor does it authorize county clerks to reject ballot language. Instead, state law provides that the county clerk is responsible for overseeing implementing election procedures and running elections. State law does not require any one official to double check ballot language for technical details (years or amount of millage) substance before an election.

 

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