Parks Already Require Only Simple Majority Voter Approval

Image: The Northern Tier Trail, courtesy City of East Lansing

An emerging point of tension with regard to the proposed Charter Amendment on public land sales set for the May 5 election has been whether parks should be able to be sold with a simple majority approval (50% + 1 vote) of voters instead of the 3/5 (60%) approval currently stated as required in the City Charter. Some have been saying that while they are comfortable changing the charter to require only a 50% voter approval on non-park land, they do not agree with reducing the approval level for park lands.

In a surprise turn of events, the Michigan Attorney General has informed the City of East Lansing’s attorney that this is a moot point. According to the Attorney General’s letter, when the Home Rule City Act was changed in 1966, the 3/5 approval for park sales in East Lansing’s charter was automatically amended to require only a simply majority approval.

So for the last 50 years, in spite of what the City Charter says, City park land could be sold with only a simple majority vote. Whether this has happened, and whether any election was mistakenly conducted on this point during the last 50 years, is not clear.

Tonight at Council, City Attorney Tom Yeadon reported that he discovered this when, as required, the City put the proposed Charter amendment ballot to the Governor and Attorney General as required. Yeadon said that voter education about this would be important because otherwise voters may mistakenly believe that if they vote against the proposed Charter amendment, they are voting to keep park land sales at a 3/5 (60%) approval level.

The Attorney General also wanted the City to clarify that the Charter amendment impacts the sale of waterfront property, but Yeadon pointed out to Council that the City owns no waterfront property so that point is moot. After Council’s meeting, I asked Assistant to the City Manager Megan Clark why the East Lansing Wastewater Treatment Plant is not considered City-owned property, and she clarified that that land is actually owned by MSU.