IM ballot proposal illegal?
By LINDA LOBECK,Staff Writer
IRON MOUNTAIN — A proposal on the November ballot
will ask voters whether they want to stop the city from collecting
portions of tax revenue in the city’s Tax Increment Finance
Authority (TIFA) district.
This proposal was placed on the ballot after petitions were
submitted by the Iron Mountain Taxpayer’s Committee.
Recently, the city has heard from both the offices of the Governor
and Attorney General that the proposal, although approved to be on
the ballot, is in violation of state law.
The taxpayer’s group was in the process of collecting the necessary
petitions when the Iron Mountain Council approved the tax share
agreement with TIFA on July 3.
This agreement concerned the capture of tax money from a portion of
the amount levied for the Police and Fire Pension Fund.
According to Iron Mountain Mayor Ken Tousignant, the city received
letters from Attorney General Mike Cox’s office that the language of
the proposal is contrary to state law.
“If it was to pass, the city would have to sue itself to remove it.
The city’s charter would then be in violation of state law. It is a
colossal waste of taxpayers’ money and a potential mess. We
encourage the voters to vote no in November,” Tousignant said.
Once the petitions were approved by the Attorney General, the
process could not be stopped. The charter amendment proposal will go
forward and be placed on the ballot, he noted.
The letter received by the city from the Attorney General is a part
of the whole petition ballot initiative. The language for the
petition had to be approved by both the Attorney General and
Governor’s offices.
What the proposal is asking the voters is to amend the city charter.
The action by the council in July already eliminates the need for
this action. And if it would pass, the city would be forced to sue
itself, Tousignant added.
“I feel that an amendment to the charter should only be made if it
is serious business and not for something like this,” he said. “It
should never be specific. It is irresponsible to do this and a waste
of money. We have already heard that it was legal to capture taxes
the way we have been doing for years. So this amendment proposal is
a moot point.”
In initiating the petitions, the taxpayer’s group felt that TIFA’s
income should come from within its boundaries.
The committee learned that the TIFA capture since 1990 represented
all the money captured because of the existence of the police and
firemen pension fund levy.
Most of the money was captured outside the TIFA district.
The agreement with TIFA had first been brought before the council in
April, but the council had tabled action and wanted to wait until
the budgeting was complete.
Linda Lobeck’s e-mail address is
llobeck@ironmountaindailynews.com. |