CARRE Has Legal Standing; Mason County Does Not

[XLFD]

"All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath:..."

 

Thus begins Article Sixteen of the Michigan State Constitution.  All means all, shall means must.  Michigan citizens have no such oath to ask to, but when several gather together to prevent their life, liberty, rights, or pursuits of happiness from being stolen or circumvented, they should have the right to organize and have their positions judged in a court of law by an impartial arbiter.

 

"I do solemnly swear that I will support the Constitution of the United States..."

 

The local group of concerned Mason County residents named Citizen's Alliance for Responsible Renewable Energy (CARRE) went through a frustrating process of defending their, and their neighbors', lands against the incursion of 500 ft. tall wind turbines and what they perceived as safety, health, quality of life, and a host of other issues that arise near these colossal structures.

 

"... and that I will faithfully discharge the duties of the office of ......"

 

They presented their case in front of the County's Planning Commission (PC) and failed to make a dent.  They later brought their case to the County's Zoning Board of Appeals (ZBA) with as much success.  Some of these people on those boards were their neighbors.  They took their case to the 51st Circuit Court, and were thwarted/stalled by County and Consumers' Power attorneys claiming that CARRE had no legal standing to sue.  A minor victory for CARRE occurred when Judge Cooper found they had such legal standing, and that next hearing will occur on Wednesday.

 

"... according to the best of my ability."

 

But let's take a look at the legal standing of the previous arbiters of the County's zoning laws, the County's PC and ZBA.  Our offices received this FOIA response back from the County Administrator Fabian Knizacki:

"Oaths of office are not required for the members of the Planning Commission and Zoning Board of Appeals..."  Fabian, this is as wrong as saying that the County Administrator is not required to have an Oath of Office.  We are a nation and a state of laws, and just because you are the chief executive of the County, like Mr. Knizacki, or the chief executive of a city, like John Shay-- you need to take and file an oath of office, or vacate that office.  The same is true of all the PC and ZBA members.

 

Here is the E-mail I sent back to the office of the County Administrator:

 

Mr. Knizacky

 

One of the reporters from my local newsblog, The Ludington Torch, recently made a couple of FOIA requests from the County and you replied.  In these two responses, you indicated that both you, the County Planning Commission and the Zoning Board of Appeals were not legally required to have an Oath of Office on file.  The second is forwarded herein.

 

That statement is incorrect.  MCL 15.151 (included here:  http://www.legislature.mi.gov/(S(htn5trycxcgnes45xdphpi45))/mileg.aspx?page=getObject&objectName=mcl-15-151) states that "All persons now employed, or who may be employed by the state of Michigan or any governmental agency thereof, and all other persons in the service of the state or any governmental agency, shall, as a condition of their employment, take and subscribe to the oath or affirmation required of members of the legislature and other public officers by section 2 of article 16 of the constitution of 1908 of the state of Michigan."

 

If this isn't clear enough, MI AGO 7236 states succinctly "It is clear that a member of a local planning commission is an officer subject to this requirement, and that taking the oath of office is a condition precedent to entering upon the duties of planning commission member."  Also see Meiland v Wayne Probate Judge, 359 Mich 78, 87; 101 NW2d 336 (1960).

 

I have no beef with you or either the commission or the board, but in the interest of the public good, please have the County Officials with no Oath of Office on file step down and have the County Commissioners select new ones who will swear duty to the state and federal laws.  Also have the various actions performed by the Planning Commissions, the Zoning Board of Appeals, yourself, and any other County Agency in violation of state law reviewed and re-addressed by the new members in open meetings.  Thank you, and please reply, or have your legitimate successor reply with your proposed actions within two weeks.  Thank you.

 

Tom Rotta

The Ludington Torch

 

 

No other oath, affirmation, or any religious test shall be required as a qualification for any office or public trust.

 

I hope that CARRE's attorneys on Wednesday can make the case that Mason County's seated Planning Commission and ZBA members have illegitimately created zoning law that does serve the interest of the people of this county and hat they serve contrary to the laws stated in the Michigan Constitution.

[AQUAMAN]

Thanks Colleen, and btw, you are right about big numbers. The bigger the better. There are a lot, I mean tons, of people out there that feel the same as our Torchers. Talk to your neighbors and strangers around town alike.  Trouble is, they have too much fear in their hearts to publicly participate. If we dare ask honest and integrity from our all our elected officials, following established rules of law, as well as local ordinances, starting with our local politicos, and are scared to stand up for what is right and legal, then we too are a part of that same problem, in enabling this behavior to succeed, continue, and be ignored. Are we truly a free people then any longer? We can expect to hear more attacks about the Tea Party members too, as this is their root of concern, integrity and adhering to the Constitution.

[Colleen Plummer]

Ok, Then maybe it's time we start collecting signatures to place major decision etc. on the ballot for a countywide/citywide vote. That will be one of my next projects.