Mount Clemens shifts marijuana permit decisions to full commission after debate; approves pay raises, leases and budget moves

The Mount Clemens City Commission voted to transfer final approval of marijuana business permit applications from a three-member staff committee to the full city commission following a lengthy discussion about transparency, fairness and potential legal exposure under Michigan's Open Meetings Act.

The debate centered on whether a committee of staff (the city manager or designee, the community development director and the city clerk) should continue to screen and decide applications or whether the commission should be the decisionmaker. City Manager Mr. Johnson (speaker 6) and City Attorney Mr. Murray (speaker 12) told the commission the attorney'draft ordinance removes the three-member committee and places decision authority with the full commission to reduce Open Meetings Act litigation risk. Mr. Murray warned, "the law on the Open Meetings Act is that one person cannot constitute a public body," arguing that routing final decisions to the commission avoids repeated litigation over committee deliberations.

Commissioner Mentzer (speaker 4), who had asked for clarity around enforcement timing earlier in the meeting, said he favored retaining a recommending committee with broader representation, including a business member and a resident, to help ensure fairness and to mirror how planning recommendations are handled. "I think a committee should make a recommendation to the commission," Mentzer said. Opponents said a single resident or business appointee might not fairly represent the community and pointed to prior litigation in other municipalities as a caution.

The motion to make the City Commission the deciding body on permit approvals passed on roll call (7 yes, 1 no), changing the process laid out in earlier drafts and setting next steps for drafting final ordinance language and implementation procedures.

Votes at a glance

- UAW Local 155 contract (Mount Clemens Community Transportation), July 1, 2021'June 30, 2024: Introduced and moved to closed session for collective-bargaining discussion; after closed session the commission authorized execution of the agreement (motion passed). (See actions below.)

- Election-worker pay increase: Approved. The commission raised daily fees to $165 for election inspectors (from $140), $150 for absent-voter/ABCB inspectors (from $125), $200 for election chairpersons (from $175) and $200 for ABCB chairpersons (from $150). Staff said the increases are already included in the FY2021'FY2022 budget.

- Enterprise Fleet Management equity-lease agreement: Approved to allow the city to enter an equity lease and begin by procuring two light-duty pickup trucks for evaluation; staff said the program relies on a state bid and projected long-term savings but commissioners asked for clarity on out clauses and the sales/repurchase process.

- 2021 general fund budget amendment for public safety: Approved. The commission increased public safety spending by $130,839 and reduced transfers out by the same amount to keep the budget compliant with the state budgeting act.

- Charter-amendment resolution to increase the purchasing limit: Approved for submittal to the ballot process. The commission voted to begin the process to raise the charter purchasing threshold from $1,500 to $15,000, which requires review by the Michigan attorney general and governor and placement on a future ballot if all steps are met.

- MDOT annual permit performance resolution: Approved, authorizing Jeffrey D. Wood to apply for state permits for work in MDOT rights-of-way (Gratiot) and for event road closures.

- Purchases and payments including HyTech IT upgrades: Approved. Technology coordinator Jennifer Deloti (speaker 19) described the work as preventative replacement of aging servers, workstations and some optional backup/Wi-Fi improvements; the quote discussed totaled roughly $42,000 and staff said funds were available in the current budget.

- Special assessments for delinquent utility and general billings: Approved. Staff reported approximately $65,000 in delinquent utility bills and just under $62,000 in delinquent general billings to be placed on the 2021 tax roll.

What led to the change on marijuana permits

City Attorney Mr. Murray cautioned that committee-based decision processes around licensure had led to Open Meetings Act litigation in other municipalities; he said such litigation was widespread and costly and noted that when a public body'level decision is effectively being made by a committee, the committee process can trigger Open Meetings Act claims. Mr. Johnson and Mr. Murray argued that making the commission the final decisionmaker would reduce the risk that committee discussions would be subject to litigation and costly remands.

Opponents, including Commissioner Mentzer, emphasized fairness and recommended the commission retain a recommending committee that would make a public recommendation to the full commission. Mentzer favored a committee that included a business representative, a resident and a commissioner to provide a structured recommendation before any final vote.

Public participation and local concerns

Public commenters included Spencer Calhoun (speaker 8), who reported voter-registration work after a Juneteenth event, and Beverly Bishop (speaker 9), who briefed the commission on progress by the reconstituted historical commission and urged promotion of the city's $100 historic-plaques program. Thomas Barnes (speaker 20) raised concerns during the second public-comment period that the presence of a Macomb County sheriff's deputy with a canine at the Juneteenth event risked creating a tone-deaf impression given historical uses of police dogs against civil-rights protesters; commissioners asked administration to follow up with the sheriff's office for an explanation.

Other procedural and next steps

City staff said the marijuana ordinance language will be refined and will return to the commission for further consideration; the city manager's report listed future meeting topics (including additional marijuana discussions on July 6 and July 19 about the number of permits and on-premises consumption). The UAW contract will be finalized and executed following the closed-session action. Staff also noted upcoming fireworks, ice-arena equipment work and a proposed 2023 regional Airstream rally discussion.

Ending

The commission recessed into a closed session to complete collective-bargaining discussions and, upon returning, approved the UAW Local 155 contract and adjourned. The commission scheduled additional marijuana-ordinance discussion for future meetings and staff will return with ordinance language and implementation details.