A new township crime ordinance will be up for second reading at the Springfield Township Board meeting on Thursday, May 8.
When first reading took place Thursday, April 10, officials disagreed not on content, but on the merits of having offenses prosecuted as local or state crimes.
The ‘Omnibus Criminal Ordinance? is intended to replace the township’s current ‘Disorderly Person Ordinance.? It is based on recent changes in state law, and includes a wide variety of misdemeanor offenses, including offenses against government/police functions, other individuals, property and public peace and safety.
If approved on second reading, the new law would have sheriff’s deputies file all such charges under local law rather than state law. The difference, which was debated by trustees, is who prosecutes the case and who benefits most from levied fines.
Charges filed under state law are prosecuted by the Oakland County Prosecutor’s office, while local ordinance violations are pursued in court by township-hired attorneys.
Supervisor Collin Walls voted against the proposal. He said Oakland County Sheriff Sgt. Frank Schipani, Springfield Township substation commander, recommended county prosecution to save the township money.
‘In the past, there was no way fines levied would ever come close to covering the cost of township attorneys who were prosecuting,? Walls said.
Other officials said local control is preferable, however, and cited new rules under 52-2 District Judge Dana Fortinberry that seem to make it more advantageous for local attorneys.
‘There is a different tenor [at district court],? Clerk Nancy Strole said. ‘If we simply rely on the county prosecutor, I don’t think that gives us very much control.?
‘We don’t have any now,? replied Walls.
Lisa Hamameh, of the contracted legal firm of Adkison, Need and Allen, said an advantage of the new ordinance would come if a deputy writes a speeding citation and one of the misdemeanor crimes (such as fleeing and eluding), both would be able to be considered local violations.
Traffic ordinances are already under local ordinance, but deputies are not allowed to split between local and state charges, she said.
The new ordinance has been under discussion for some time, and trustees had developed a list of questions for township attorney Greg Need. Trustee David Hopper, for example, asked if the trespassing section of the ordinance could be used against township assessors or others conducting legal business on private property.
‘The law says there’s an impled right to enter on a property to make deliveries or for kinds of similar activities,? Need said.