Benton Harbor City Commission defies Emergency Manager

By Eartha Jane Melzer  via The Michigan Messenger 

In defiance of an order that prohibits them from taking any action, the Benton Harbor City Commission passed a resolution last night declaring the appointment of Emergency Manager Joe Harris unconstitutional and calling for his removal.

With a vote of 6-2 the commission approved the following:

Whereas, The City of Benton Harbor declares the appointment of an Emergency Manager a violation of Article I §1, which states that all political power is inherent in the people and that government is instituted for their equal benefit, security and protection.

Whereas, The City of Benton Harbor declares the appointment of an Emergency Manager a violation of Article I §3, which allows the citizens of Benton Harbor the right to petition the government for redress of grievances.

Whereas, The City of Benton Harbor declares the appointment of an Emergency Manager a violation of Article VII §22, which affords Benton Harbor citizens the the power and authority to frame, adopt and amend its charter, and to amend an existing charter of the city or village heretofore granted or enacted by the legislature for the government of the city or village. Each such city and village shall have power to adopt resolutions and ordinances relating to its municipal concerns, property and government, subject to the constitution and law.

Whereas, The City of Benton Harbor declares the appointment of an Emergency Manager a violation of Article VII §34, which states that the provisions of this constitution and law concerning counties, townships, cities and villages shall be liberally construed in their favor.

Whereas, The City of Benton Harbor declares the appointment of an Emergency Manager a violation of Article IX §2, which provides the citizens of Benton Harbor the right of taxation with representation.
Resolved, The appointment of an Emergency Manager is in direct violation of the Michigan Constitution and therefore demands the removal of said Emergency Manager immediately.

Resolved, That the Benton Harbor City Commission is hereby directed to forward copies of this resolution to Governor Rick Snyder, State Senate Majority Leader Randy Richardville, Speaker of the House Jase Bolger, State Senator John Proos, and State Representative Al Pscholka.

Last month Emergency Manager Joe Harris used new powers created by Public Act 4 — the Emergency Manager law — to bar city officials from taking any action without his written approval.

Commissioner Dennis Knowles, who drafted the resolution, said that it will be mailed to officials on city letterhead but that city commissioners will have to buy the stamps to do the mailing because they are no longer able to order supplies.

“This is the government working beyond the dictatorship,” he said. “That is what we are doing.”

“This is about democracy … it is about human rights. It is a litmus test to see if the Constitution even still exists.”

Knowles said that copies of the resolution will be sent to the U.S. Dept. of Justice Civil