Technical error prompts new ballot question

Law firm to cover costs of new vote after ‘2016’ was omitted from March ballot

By David Fleet

Editor

Goodrich- A technical error 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 budget has prompted a new question for  Aug. 2 voters in the district.

Bev Bonning, of East Lansing-based Thrun Law firm, P.C. addressed the ballot issue at a special school board meeting on Monday night.

“The year 2016 was left off of the ballot,” Bonning said.  “That error originated from our law firm and we are here to help the school district correct that error, it is our legal advice as well as the department of treasury that the best way to correct this technical omission is to put the question on the ballot in August for 2016 only so you can have a continuation of your operating millage which is so critical to your budget to continue the level of education that Goodrich provides. You want no lapse in that coverage. That millage is on non-homestead property only that is not paid by any residents. It’s only paid by established businesses. Its been in place since the early 1990s.”

Bonning added that the millage renewal proposal on the ballot will include the phrase to “correct a technical error.”

“Our law firm with the assistance of our staff and the assistance of our professional colleges in public relations will help with the information campaign at no expense to the school district and no expense for the election that the district may incur from holding the special election. This will not be an expense to Goodrich schools or the taxpayers.”

The school board voted 7-0 to place the renewal proposal on the ballot. The ballot proposition was delivered to the Genesee County clerk on May 10, the legal deadline for the August vote.

The March 8 millage renewal OK’d by voters passed 3,259 yes to 1,253 no, should have been for six years and represents about $1,107,788 million of the district’s yearly budget of about $16 million.

While the majority of district taxpayers reside in Genesee County, the error was actually discovered by the Oakland County equalization office about 10 days after the March election. A total of 26 voters in Oakland County cast ballots in the March election along with 377 voters in Lapeer County.

District Superintendent Michelle Imbrunone addressed the law firm’s error.

“There will be no back taxes assessed to any taxpayer,” said Imbrunone. “The error is in no way a reflection of the school board or administration, rather a technical error made by the law firm. We have a long-standing tradition of support for the students in the Goodrich district. We are confident that our community will support us in correcting this technical error.”

Gordon W. VanWieren, president of Thrun Law Firm, P.C., responded to The Citizen on Tuesday following the announcement.

“Thrun Law Firm regrets the technical error that was made on the Goodrich Area Schools’ March 8th operating millage renewal ballot,“ wrote VanWieren. “The firm is committed to working with Goodrich’s administrative staff and Board of Education to resolve the inadvertent omission of year 2016 from the ballot and will pay for all costs related to the August 2, 2016 election. We apologize to the Goodrich community and its voters and are working hard to minimize any inconvenience this technical oversight may have caused.”

According to VanWieren, the ballot language should have provided for a six year levy from 2016-2021. The August election will correct the omission to include the December 1, 2016 tax levy for fiscal year 2016-2017. The Thrun Law Firm develops ballot language to comply with the Michigan Constitution and state governing the ballot language’s substance, format and content.

VanWieren added 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.

“For  over  60 years, Thrun Law Firm has provided election counsel for the vast majority of Michigan school districts,” he wrote. “This experience provides extensive familiarity with school election law and procedures. In this instance, no issues concerning substantive compliance with the law occurred. Human error led to a technical omission on the ballot.”

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