August 26,2020 Your Source for Livonia Happenings
LAWSUIT BY COUNTY COMMISSION AND COMMISSIONER TERRY MARECKI STOPS NEW TAX
Throughout this year we have been following the story about the Wayne Kids Win! Committee’s attempt to have the county’s voters pass a petition initiative for a new 1 mill tax for afterschool programs for Wayne County children. When we last reported on April 15, the Wayne County Commission had passed a resolution by a vote of 13-2, with all western Wayne County Commissioners voting with the majority, to reject this proposal. The petition was then returned to the Wayne County Clerk for possible consideration whether it could be lawfully placed on the general election ballot.

When the Clerk and Wayne County Election Commission failed to act upon legal objections to the petition submitted last December, the County Commission was forced to have its attorneys file a lawsuit to keep the proposed tax and ordinance off the November 3, 2020 ballot. This will provide an update on that legal challenge.
Although the WKW Committee has its offices in Detroit, this story has a distinctly Livonia flavor, with four residents playing central roles. As reported earlier, Dr. Randy Liepa (pictured left), Superintendent of the Wayne Regional Educational Service Agencies (RESA), is the Treasurer of the WKW Committee, which raised almost $500,000 to gather signatures and promote this initiative. Commissioner Terry Marecki (pictured top), who helped lead Commission opposition to the new proposed tax, joined the lawsuit as the only individual party Plaintiff. The lawsuit was primarily prepared and argued for the Plaintiffs by Asst. Commission Counsel Alan Helmkamp (pictured below left), and it was assigned to Wayne County Circuit Court Chief Judge Timothy Kenny (pictured bottom left).

After extensive briefing and argument by the respective attorneys, Judge Kenny ruled earlier this month in a strong Opinion that the proposed millage and ordinance not be submitted to the voters at the November 3 election. The Court cited several serious defects in the form and content of WKW’s petition and found that it violated numerous provisions of election law.

The defendants chose not to appeal Judge Kenny’s decision, as the appeal period ran out on August 24, so this proposed new tax is finally dead, at least in its current form.
In an ironic and unintented twist, Judge Kenny apparently did Dr. Liepa a huge favor with this ruling. That’s because the county RESA has placed the renewal of its 2 mill enhancement millage on the November 3 ballot, and it might have been seen as a complicating embarrassment for Dr. Liepa if a request for another 1 mill tax by a group he was helping lead had been on the same ballot. Apparently, Dr. Liepa had joined the WKW effort with the expectation that it would easily pass on the initially intended March 10 Presidential primary ballot. If passed, it would have produced yet another revenue stream for RESA, as the proposed implementing ordinance provided that school districts could participate in partnerships to receive funding.

Friday Musings reached out to Dr. Liepa in early July and inquired whether the WKW proposal would be seen as a political problem and perhaps a conflict if it went head to head with the RESA millage on the November 3 ballot. He replied that he was “stepping away” from the WKW proposal as a result of this development. However, curiously, a couple weeks later on July 23, WKW filed two quarterly reports required by the Michigan Campaign Finance law, and they still showed Dr. Liepa as the Treasurer of the Committee.
Judge Kenny, pictured left, unintentionally saved Dr. Liepa from this predicament of his own making by ordering the WKW proposal off the general election ballot, leaving the RESA millage renewal without that competition.

Although funding for after-school youth programs has merit theoretically, in this situation Friday Musings noted earlier that it had serious concerns about this particular proposal. If passed, it would have collected an estimated $250 million over six years, but there was no distribution formula for those tax dollars collected in Livonia to be used for programs in Livonia. Those dollars would have been allocated by an appointed board not answerable to the taxpayers, while circumventing the County Commission’s authority to expend county tax dollars.

Friday Musings applauds the County Commission and Commissioner Marecki for their successful effort on behalf of the taxpayers, and Chief Judge Kenny for his well-reasoned ruling. Commissioner Marecki was understandably pleased about the successful result and remarked: “The last thing our people need right now is another new tax for after school programs when they’re worried about challenges and expenses associated with their children safely returning to school to receive their basic education. Also, we have to make sure the county utilizes its resources to provide mandated services and address the needs caused by the continuing public health and economic emergency.”
Livonia Parks and Recreation has re-scheduled the Drive-In showing of
Spies In Disguise to Sept. 12.

Pre-registration is required,
one per car.