June 09, 2003
                                                                                                                                           MCRCG
                                                                                                                                           P.O. Box  12
                                                                                                                                           Pittsford MI 4927
                                                                                                                                           www.mcrcg.org
  MCRCG
Michigan Coalition for return of Constitutional Government
 

TO:  Board of Commissioners
         Hillsdale County
         Hillsdale MI. 49242
 

Dear Commissioners:

   MCRCG has presented the chairman of the Hillsdale County Board of Commissioners copies of a
petition signed by its many members and over 5,000 citizens of Hillsdale County, Michigan who believe
the Grading/Soil Erosion & Sedimentation Control Ordinance adopted by the Hillsdale County Board of
Commissioners December 19, 2002 is in violation of their Constitutional Rights.  By signing this petition,
they direct you, as their elected representatives, to act on their behalf and repeal this ordinance in its
entirety.

   There are at least two other known counties now facing similar problems in the state of Michigan.  This
Ordinance clearly violates articles in both the U.S. Constitution and Michigan Constitution. According to
Public Act 156 of 1851 Section 46.11 (j)  which  enumerates the powers of a County Board of
Commissioners, the Hillsdale County Board of Commissioners does indeed have the power to pass
ordinances,  but  only those which relate to County Affairs.   Passing an ordinance that violates a citizens
Constitutional Right of property ownership and use of that property as he sees fit is hardly a matter one
could call County Affairs.

   Apparently there is an attempt being made to change the language of this ordinance that might be
satisfactory to the People of Hillsdale County.  But you must keep in mind; there is no room for
compromise of a Right. Your purpose in government is to protect the Rights of every Citizen.

   Arguments used against repeal of the ordinance (stated by Mr. Martin Taylor, head of  Building
Inspection/ Soil Erosion Division) are: (1) the cost to the county if the state were to take over the
inspections required by part 91 and (2) the ordinance was mandated by the state.   Perhaps the State
Legislators and County Commissioners should be reminded of Article IX sec. 29 of the Michigan
Constitution which they have sworn to uphold:
 
 

                                                              ARTICLE IX
                                          FINANCE AND TAXATION (EXCERPT)

              § 29 State financing of activities or services required of local government by state law.

Sec. 29.
The state is hereby prohibited from reducing the state financed proportion of the necessary costs of any
existing activity or service required of units of Local Government by state law. A new activity or service
or an increase in the level of any activity or service beyond that required by existing law shall not be
required by the legislature or any state agency of units of Local Government, unless a state appropriation
is made and disbursed to pay the unit of Local Government for any necessary increased costs. The
provision of this section shall not apply to costs incurred pursuant to Article VI, Section 18.

History: Add. Initiated Law, approved Nov. 7, 1978, Eff. Dec. 23, 1978

     It would seem then; if the state mandated the county to adopt this ordinance and perform inspections
for soil erosion control, it should also provide funds to carry out this mandate instead of the county
bearing the cost.  Furthermore, if the ordinance were to be repealed and the state took over the inspections,
the state should pay for the state inspectors.

    James Madison, in the Federalist no. 51, reminds us of the importance of public office and the
responsibilities that go with it when he wrote:
             “In forming a government which is to be administered by men over men,
               the great difficulty lies in this:  You must first enable goverment to control
               the governed; and in the next place oblige it to control itself”
The commissioners have done the former; but will they now do the latter ?

    We hope the commissioners understand that the People demand this Ordinance be repealed and will
settle for nothing less.  We also hope this repeal comes about because of the efforts of this administration.
However;  for the good of all concerned, please do not make the mistake in thinking that it will not
happen.
 
 
 

                                                                  Yours in Liberty,
                                                                  Roger A. Keller
                                                                  President and co-founder
 
 

RAK/dk