Mayor of Cadillac v. Blackburn

857 N.W.2d 529, 306 Mich. App. 512, 2014 Mich. App. LEXIS 1596
CourtMichigan Court of Appeals
DecidedAugust 26, 2014
DocketDocket No. 312803
StatusPublished
Cited by38 cases

This text of 857 N.W.2d 529 (Mayor of Cadillac v. Blackburn) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mayor of Cadillac v. Blackburn, 857 N.W.2d 529, 306 Mich. App. 512, 2014 Mich. App. LEXIS 1596 (Mich. Ct. App. 2014).

Opinion

Per Curiam.

Fetitioner, the mayor of the city of Cadillac, appeals by leave granted the trial court’s ruling that it would hear and decide the mayor’s petition for removal of respondent as a civil service commissioner under 1935 PA 78, MCL 38.501 et seq., by determining whether the mayor proved the allegations in his removal petition by the preponderance of the [514]*514evidence.1 The mayor argues that the trial court’s ruling provides for review de novo of the mayor’s administrative decision, contrary to the review provided for in Const 1963, art 6, § 28, and would also violate the doctrine of the separation of powers, Const 1963, art 3, § 2. We affirm and remand for further proceedings.

During the city’s 2011 election cycle, the mayor was informed that respondent served on a political committee or was active in the management of the campaign of the mayor’s political opponent. Respondent had served for several years as an unpaid, appointed commissioner of the city’s Act 78 fire and police department civil service commission. The commission consists of three members, one appointed by the “principal elected officer of the city,” one selected by the paid members of the police and fire department, and one selected by the other two commissioners. MCL 38.502. The act prohibits any civil service commissioner from serving on “any political committee or [taking] any active part in the management of any political campaign.” MCL 38.503. Section 4 of the act provides that the mayor or principal executive officer of the pertinent city, village, or municipality “shall at any time remove any commissioner for incompetency, dereliction of duty, malfeasance in office [515]*515or any other good cause ... MCL 38.504. The mayor or principal executive officer must initiate removal in a writing filed with the commission and served on the commissioner. But when the executive initiates removal, § 4 provides that “such removal shall be temporary only and shall be in effect for a period of 10 days.” Id. The commissioner is “deemed removed” if he or she does not respond within the 10 days. If, however, the commissioner answers the removal notice within 10 days, the statute provides:

[T]he mayor shall file in the office of the clerk of the circuit court of said county a petition setting forth in full the reason for said removal and praying for the confirmation by said circuit court of the action of the mayor in so removing the said commissioner. A copy of said petition, in writing, shall be served upon the commissioner so removed simultaneously with its filing in the office of the clerk of the circuit court and shall have precedence on the docket of the said court and shall be heard by said court as soon as the removed commissioner shall demand. [MCL 38.504.]

Petitioner complied with the initial removal requirements of MCL 38.504 by sending respondent written notice of his removal and by then petitioning the circuit court for confirmation of his removal decision after respondent promptly answered the notice. The circuit court held that it had original jurisdiction over the dispute under MCL 38.504 so that petitioner had to prove, by a preponderance of the evidence, the good cause for removing respondent from office that petitioner alleged in its removal petition. On appeal, petitioner argues that the court erroneously interpreted MCL 38.504 in a manner inconsistent with the judicial review of administrative decisions provided for in Const 1963, art 6, § 28. Petitioner also asserts that a circuit court’s review de novo of a mayor’s removal decision would violate the [516]*516separation of powers doctrine, Const 1963, art 3, § 2. We hold that the circuit court correctly applied the plain terms of the statute and that this reading of the statute is not contrary to Michigan’s Constitution.

I. STANDARD OF REVIEW

This case presents questions of law regarding statutory interpretation and also the application of our state Constitution, which we review de novo. In re Sanders, 495 Mich 394, 404; 852 NW2d 524 (2014). “Statutes are presumed to be constitutional, and we have a duty to construe a statute as constitutional unless its unconstitutionality is clearly apparent.” Id. When interpreting a statute, our primary goal is to “give effect to the intent of the Legislature.” Superior Hotels, LLC v Mackinaw Twp, 282 Mich App 621, 628; 765 NW2d 31 (2009). If the language of a statute is unambiguous, we presume the Legislature “intended the meaning expressed in the statute.” Briggs Tax Serv, LLC v Detroit Pub Sch, 485 Mich 69, 76; 780 NW2d 753 (2010). A statutory provision is ambiguous only if it conflicts irreconcilably with another provision or it is equally susceptible to more than one meaning. Fluor Enterprises, Inc v Dep’t of Treas, 477 Mich 170, 177 n 3; 730 NW2d 722 (2007). A statute is not ambiguous merely because a term it contains is undefined or has multiple definitions in a dictionary, especially when the term is read in context. Cairns v East Lansing, 275 Mich App 102, 107; 738 NW2d 246 (2007). When construing a statute, we must assign every word or phrase its plain and ordinary meaning unless the Legislature has provided specific definitions or has used technical terms that have acquired a peculiar and appropriate meaning in the law. Superior Hotels, 282 Mich App at 629.

[517]*517The primary goal of the judiciary when construing Michigan’s Constitution is to ascertain the purpose and intent of the provision at issue. Adair v Michigan, 486 Mich 468, 477; 785 NW2d 119 (2010). To do so, courts must apply the original meaning attributed to the words of a constitutional provision by its ratifiers, i.e., the most obvious commonly understood meaning the people would have assigned the words employed at the time of ratification. People v Nutt, 469 Mich 565, 573; 677 NW2d 1 (2004). This is known as the rule of “common understanding.” Traverse City Sch Dist v Attorney General, 384 Mich 390, 405; 185 NW2d 9 (1971). Under the rule of common understanding, we must apply the meaning that, at the time of ratification, was the most obvious to the common understanding, the one that reasonable minds and the great mass of the people themselves, would give it. In re Burnett Estate, 300 Mich App 489, 497; 834 NW2d 93 (2013). Thus, words should be given their common and most obvious meaning, and consideration of dictionary definitions used at the time of passage for undefined terms may be appropriate. Id. at 497-498. While historical records such as those concerning the debate that occurred at the constitutional convention are relevant, they are not controlling. Lapeer Co Clerk v Lapeer Circuit Court, 469 Mich 146, 156; 665 NW2d 452 (2003). Furthermore, all provisions must be read in light of the whole document and no provision should be read to nullify another. Id.

II. ANALYSIS

We hold the circuit court correctly read the plain terms of MCL 38.504 as placing the burden of proof on petitioner to establish good cause for removal by the preponderance of evidence at a hearing de novo. We also find that this reading of MCL 38.504 violates neither [518]*518the provision for judicial review of final administrative decisions established in Const 1963, art 6, § 28, nor the constitutional doctrine of the separation of powers, Const 1963, art 3, § 2.

First, we examine the plain terms of the statute.

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Bluebook (online)
857 N.W.2d 529, 306 Mich. App. 512, 2014 Mich. App. LEXIS 1596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayor-of-cadillac-v-blackburn-michctapp-2014.