by Monica Ross-Williams

For decades, Washtenaw County and its government were models for what good governance could look like.

On Tuesday, August 15, 2023 that changed, when four Washtenaw County Commissioners, Annie Somerville  (District 6), Justin Hodge (District 5), Caroline Sanders (District 4) and Crystal Lyte (District 2), ambushed a separate but equal duly Elected Public Body during a public meeting. The Elected Body ambushed was the Ypsilanti Township Board of Trustees Elected Officials. The Trustees’ agenda included Resolution 2023-10:

“Resolution requesting the Washtenaw County Board of Commissioners to immediately strike from the contract awarded to the Supreme Felons, Inc. on January 19, 2023…which was signed and recorded with the Washtenaw County Clerk’s Office and provision contained on paragraph 5(3) that authorizes and sanctions the Supreme Felons, Inc. to ‘establish a regular dispatch and patrol system for four neighborhoods in zip codes 48197 and 48198.’ Two of which were subsequently identified by the Washtenaw County Administrator in an email dated May 3, 2023 as targeting the Appleridge and Sugarbrook subdivisions.”

Washtenaw County Administrator Gregory Dill, recently granted a raise by the County Commissioners, and the Washtenaw County Sheriff’s “Director of Community Engagement” Derrick Jackson, vying for Sheriff in 2024, were also present at the meeting with some of their staff.

Ambushed can be perceived to be a strong term. Yet, the definition of ambush is defined by Merriam-Webster Dictionary as, “A trap in which one or more concealed attackers lie in wait to attack by surprise, the concealed position from which a surprise attack is made, an individual or group concealed for a surprise attack and/or the act of approaching or confronting someone with something unexpected.”

Six of the seven publicly elected Ypsilanti Township Trustees appeared to have had no advance knowledge that 80+ individuals would attend the Trustee’s public meeting on August 15th. Did County Commissioners Sommerville, Hodge, Sanders and Lyte ask individuals to attend the meeting to threaten Township officials? 

At the August 15th public meeting, a number of participants in attendance voiced threats of violence, while the Trustees quietly listened to public comment for over three hours. One Township Trustee serving as Clerk of the Township Heather Jarrell Roe, stated prior to the resolution being tabled for 30 days, she had no plans to vote for Resolution at all; as if the singularity of Clerk Jarrell Roe’s decision was made well in advance of the public meeting.

Who has Self-Governing Rights of Authority for Units of Local Government?

The public has a right to expect their elected officials to uphold their oaths to the United States Constitution, State of Michigan Constitution and duties, abiding by and having full knowledge of the laws of the State of Michigan in their roles. Michigan Compiled Laws (MCL) in this State are deliberated and passed into law by the Michigan Legislature, and signed by the Elected Governor of the State into law unless the Governor elects to veto the pending MCL.

An MCL of importance when reviewing County Commissioners’ actions related to the August 15, 2023, ambush style tactics highlighted in The Ann Arbor Independent, is MCL Act 156 of 1851 – County Board of Commissioners. 

Implemented in the year 1851, revised twice in 1937 and 1979 by the Michigan Legislature, MCL Act 156 of 1851 describes the powers of County Boards of Commissioners in Sec. 46.11 Powers of county board of commissioners. 

Sec. 46.11, Powers of County Board of Commissioners, subsection (J) reads in part as follows:

“(j). By majority vote of the members of the county board of commissioners elected and serving, pass ordinances that relate to county affairs and do not contravene the general laws of this state or interfere with the local affairs of a township, city, or village within the limits of the county, and pursuant to section 10b provide suitable sanctions for the violation of those ordinances.”

The Charter Township of Ypsilanti is regulated in its authority as a local governmental unit in MCL Act 359 of 1947 – The Charter Township Act. MCL Act 359 of 1947 has been revised only once in 1979 by the Michigan Legislature.

MCL Act 359 of 1947 grants a local Charter Township Unit of Government broad authority over assessment administration, elections administration, tax collection, fire protection, parks, recreation programs, public water, sewer services, trash collection, recycling programs, sidewalks, trails and cemeteries, if the Charter Township owns its cemetery.

Charter Townships and General Law Townships are in scope the largest form of local governance in Michigan. There are 83 County Boards of Commissioners versus 1,240 Townships, of which 139 are designated as Charter Townships, similar to the Charter Township of Ypsilanti. Public officials in Charter or General Law Townships serve at large; they are accountable to Township Residents. County Commissioners only serve a single District.

The Michigan Township Association describes Local Township Governance as follows: “Michigan townships, large and small, provide services tailored to meet the needs of their residents. Township officials represent the level of government closest and most responsive to the wishes of the people.”

Within MCL Act 359 of 1947 a Charter Township can, if it elects, provide law enforcement services internally or create a contractual agreement with another entity to provide services. Act 359 of 1947, in subsection titled 42.12 Township police force; establishment; township marshal, appointment; rules; policemen, powers and duties, address this right for Charter Township in Michigan.

Sec. 12. The township board in each charter township may provide for and establish a police force and authorize the supervisor, or the township superintendent if one has been appointed, to appoint, subject to the approval of the said board, a township marshal and such other policemen and watchmen as may be required to protect property and preserve the public welfare and safety in that portion of the township not included within the corporate limits of any village or villages located wholly or in part within the township. No police officer of any such village shall be ineligible for appointment as a member of the township police force, except that no village police officer shall serve as township marshal. The township board shall make all necessary rules for the government of the township police force and its members and shall prescribe the powers and duties of policemen and watchmen, and may invest them with such authority as may be necessary for the preservation of quiet and order and the protection of persons and property within that part of the township not located within the corporate limits of any village.

MCL Act 359 of 1947 makes it clear Charter Townships in the State of Michigan have authority to make necessary rules for government of the township police force. MCL Act 156 of 1851 – County Board of Commissioners in Section 46.11, subsection (j), makes it clear any ordinances which create local laws passed or upheld by a County Board cannot contravene the general laws of this state or interfere with the local affairs of a township…”.

The sole authority, therefore, of governance of the Local Unit for “Dispatch and Patrol” Law Enforcement in a Charter Township, such as the Charter Township of Ypsilanti, belongs to the Charter Township.

Where County Elected and Appointed Officials Superseded Authority; Did They Also Violate the Open Meetings Act?

Returning to Tuesday, August 15, 2023, four County Commissioners, Annie Somerville  (District 6), Justin Hodge (District 5), Caroline Sanders (District 4) and Crystal Lyte (District 2), attended the Charter Township of Ypsilanti Trustees’ meeting. At the meeting, during her public comment on the record Commissioner Sommerville (District 6) stated the County Board of Commissioners would not consider Ypsilanti Township’s pending, but temporality tabled, Resolution 2023-10.

Resolution 2023-10 sought to remove Washtenaw County’s contractor Supreme Felons, Inc. from “Dispatch and Patrol” services in conjunction with the Washtenaw County Sheriff’s Office headed by Elected Official Sheriff Jerry Clayton and his Appointed Official Derrick Jackson.

Commissioner Sommerville’s (District 6) public statement at the Charter Township of Ypsilanti public meeting was interesting. It leaves open to question if five elected members of the Washtenaw County Board of Commissioners, a majority vote, or possibly all nine County Commissioners were made aware of, and agreed with, her statement. 

Whether the number was just the four attending the Charter Township of Ypsilanti public meeting or five or all nine, if prior secret group deliberations took place as Sommerville’s statement suggested, outside of a public meeting of the County Board of Commissioners, such discussions would be a violation of Michigan’s Open Meeting Act, MCL Act 267 of 1976.

In MCL Act 267 of 1976, 15.270 Decisions of public body; presumption; civil action to invalidate; jurisdiction; venue; reenactment of disputed decision; Section 10.1 states:

“Sec. 10. (1) Decisions of a public body shall be presumed to have been adopted in compliance with the requirements of this act. The attorney general, the prosecuting attorney of the county in which the public body serves, or any person may commence a civil action in the circuit court to challenge the validity of a decision of a public body made in violation of this act.”

The Charter Township of Ypsilanti maintains a binding contractual agreement costing Township Taxpayers’ over $6.7 Million dollars with Washtenaw County Sheriff’s Office. The contractual agreement provides law enforcement services in the Charter Township of Ypsilanti for the preservation of quiet and order and the protection of persons and property.

As with all contractual agreements, only the parties creating the agreement can alter, change or dissolve the agreement. The contractual agreements can only be changed or altered during the term of such agreement by a Memorandum of Understanding (MOU) with a Binding Letter of Intent altering the Contract. 

The Legal Dictionary defines MOU’s as, “A memorandum of understanding (MOU) is an agreement between two parties that is not legally binding, but which outlines the responsibilities of each of the parties to the agreement. An MOU is often the first step toward creating a legally binding contract. In the U.S., an MOU can be considered identical to a letter of intent, which is another kind of non-binding agreement that suggests that a binding agreement will soon follow.”.

MCL Act 156 of 1851 – County Board of Commissioners states clearly that no County Board (including the Washtenaw County Board of Commissioners) can interfere with the local affairs of a township. Only Charter Townships as defined in MCL Act 359 of 1947 – The Charter Township Act, may provide for and establish a police force and shall make all necessary rules for the government of the township police force.

Unless the Charter Township of Ypsilanti executed a MOU with the Washtenaw County Sheriff’s Office to establish “Dispatch and Patrol” services in conjunction with the Sheriff’s Office and Washtenaw County Contractors, Supreme Felons Inc., the Washtenaw County Board of Commissioners and their appointed staff (County Administrator Gregory Dill) superseded the legal authority of Ypsilanti Township Government.

County Administrator Gregory Dill signing a contractual agreement with Washtenaw County contractors, Supreme Felons Inc. on behalf of the Washtenaw County Board of Commissioners for any “Dispatch and Patrol” law enforcement unit within Ypsilanti Township’s jurisdictional borders, violates Michigan Compiled Laws and therefore laws of the State of Michigan.

As a result of any agreement with Washtenaw County Contractors, Supreme Felons, Inc., should be immediately considered null and void as it relates to the Charter Township of Ypsilanti. If other communities desire the Washtenaw County Contractors services, they can contact Washtenaw County Administrator Gregory Dill or the County Board of Commissioners for the proper engagement in the next steps.

Your Right To Know As A Local Citizen About Local Government

As a former elected Ypsilanti Township Trustee and Park Commissioner from 2011-2020, it is important fellow residents of Ypsilanti Township have knowledge of lines of governmental authority defined by our Michigan Constitution of 1963, and Michigan Compiled Laws (MCL)’s and Acts (Laws). Ypsilanti Township residents should never be intimidated by anyone to not speak Truth to Power to any elected official, respectfully. That is exactly what happened at the Aug. 15 meeting of the Ypsilanti Twp. Trustees.

Power lies with the people who live in the seventh largest Charter Township form of Local Government in the State of Michigan.

Some individuals presently in elected positions, use have used their temporary elected positions to withhold information from constituents and to sabotage the constituents Right To Know. In reading this op-ed, my hope is citizens will share the information and take their power back from County Commissioners who are intent on fostering an environment of misinformation.

Misinformation led to what was a disturbing and sad display Tuesday, August 15, 2023, at the Charter Township of Ypsilanti public meeting.

The Preamble United States Constitution states, “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

The Michigan Constitution of 1963 states in Article I – Declaration of Rights, Section 1, Political Power, states strongly, “All political power is inherent in the people. Government is instituted for their equal benefit, security and protection”

Equally, We The People of the Charter Township of Ypsilanti must elect new representatives to represent us in the positions of servant leadership in County Government.

Monica Ross-Williams, MBA; LIA
Former Ypsilanti Township Trustee and Park Commissioner (2011-2020)