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Residents press Berrien County for audits and code changes as drain projects draw criticism
Summary
Multiple residents told the commissioners they were not properly notified about drain projects, alleged refusal by the drain commissioner to review assessments, and urged the board to pursue forensic audits and state-level legislative changes to the drain code.
Several residents used the public-comment period to urge Berrien County officials to investigate past drain work and to push for legislative changes.
Residents described repeated difficulties engaging with the drain commissioner and said they were owed clearer notices and better opportunities to review proposed apportionments. “The drain commissioner refused to review it with me. Period. Refused,” said one resident during public comment. Another said notice by mail had not reached many affected property owners and urged certified mail or emailed notices.
Speakers proposed a forensic audit of the drain-commission office to identify possible errors or misconduct related to project apportionments and costs. One commenter noted that litigation and court costs can be prohibitive for residents who challenge assessments, saying the expense often makes court review inaccessible.
Board members and corporate counsel explained the legal limits of the county’s oversight. County counsel advised the board that each drainage district is a separate corporate body and that the county and board do not control the drain commissioner’s books and records; the drain commissioner is an elected official who does not report to the board. A county official clarified how a drain commissioner can request the county’s full faith and credit to lower borrowing costs for a drain district, while still retaining authority to approve projects under the drain code.
At least one commissioner encouraged working with state legislators and associations — including the Michigan Association of Counties and the Drain Association — to advance changes. A commissioner described four draft house bills (listed in the meeting) that would extend appeal timelines, require preliminary cost estimates be provided to landowners in advance, authorize performance and financial audits by the Michigan Auditor General, and strengthen notice requirements.
Speakers asked the board to consider whether advancing funds in emergencies or asking the drain commissioner to permit additional review could lessen harm to property owners. The board requested corporate counsel and the county administrator review the legal pathways and said staff would prepare a resolution or proposal for the board’s consideration.
The board did not order a forensic audit itself during the meeting and reiterated constraints on direct oversight of the drain commissioner’s office.
