See ee eee aE FILED by Macomb County Circuit Court '5/31:2019 STATE OF MICHIGAN SIXTEENTH JUDICIAL CIRCUIT COURT CONNOR BERDY, Case No, 2019-001802-AW vs SONYA BUFFA, in her official capacity as Clerk for the City of Warren, the WARREN CITY ELECTION COMMISSION, and FRED MILLER, in his official capacity as Clerk for ‘The County of Macomb, Defendants. OPINION AND ORDER ‘This matter is before the Court on Plaintiff's complaint for a writ I. Background This case arises from Plaintiff's campaign for a seat on the Warren City Council (“Council”). Plaintiff alleges that Defendant Sonya Buffa (“Clerk”) and/or the Defendant Warren City Election Commission (“CEC”) allowed four individuals to be placed on the ballot in violation of Warren's City Charter (“Charter”). Plaintiff asserts that Defendant Fred Miller (Miller”), the Clerk for the County of Macomb, was included in this suit simply to provide notice of the lawsuit and the judgment to be entered. In order to understand the positions of the parties, a brief examination of the history of the Charter is required. Before 1998, the Council consisted of nine councilmembers elected in one ward that corresponded to the entire city. In 1998, the Charter was amended to provide for term limits consisting of 3 terms or 12 years on the Council. The Charter contains two identical provisions identifying who is eligible and who is ineligible to run for a seat on the Couneil: *.A person shall not be eligible to hold the position of city council, city clerk or city treasurer for more than the greater of three complete terms or twelve (12) years in that particular offi Charter §§ 4.3(d) and 4.4(d). In 2010, the Charter was amended to reduce the Council to seven members total, two of whom represent the city at-large and five of whom represent districts determined by the CEC. ‘This amendment did not result in alteration of the language regarding term limits. In 2014, the Council requested that the Warren’s City Attorney issue an opinion regarding the term-limit language. Warren’s City Attorney opined that the at-large members and the district members con: tuted two separate houses, or created a bicameral legislature, such that an individual could serve 3 terms, or 12 years, as an at-large member and also serve 3 terms, or 12 years, as a district member without violating term limits. In 2016, the Charter was amended to extend the Mayor's term limits to 5 terms, or 20 years. The ballot proposal included language specifying that “any years or terms served prior to this amendment are included.” This language is not included in the Charter. No changes were explicitly made to term limits for councilmembers. The filing deadline for city offices for the 2019 election was April 23, 2019. The withdrawal deadline was April 26, 2019. Candidates for city offices filed their candidacy with the Clerk. Initially, several candidates were marked as “not certified.” Some time later, a new list of candidates was published and one of the previously uncertified candidates remained on the list of eligible candidates. Councilman Cecil D. St. Pierre (“St. Pierre”) has filed to become a candidate for one of the City’s two at-large council positions, It is undisputed that St. Pierre has previously beenelected to the Council and served six terms. These terms include four consecutive terms, from 1987 through 2003, and two terms as a district representative, from 2011 through the present. Councilman Scott Stevens (“Stevens”) has filed for election in Council District 3. It is undisputed that Stevens has served three terms as an at-large representative, from 2007 through the present. 4, Itis Councilman Steve Wamer (“Wamer”) has filed for election in Council Di undisputed that Wamer has previously served one term as an at-large representative, from 2007 to 2011, and two terms as a district representative, from 2011 through the present Councilman Robert Boccomino (“Boccomino”) has filed for election in Council District 5. It is undisputed that Boccomino has previously served one term as an at-large representative, from 2007 to 2011, and two terms as a district representative, from 2011 through the present. ist Defendants, On May 10, 2019, Plaintiff filed his complaint (“Complaint”) agai requesting a writ of mandamus and declaratory judgment to have these four individuals removed from the ballot. On May 16, 2019, Miller filed his response to the motion acknowledging receipt and agreeing to abide by this Court's Order regarding the Complaint. On May 17, 2019, Defendants Clerk and CEC filed their response to Plaintiffs’ Complaint, requesting that it be denied, That same day, Plaintiff filed a reply brief, again requesting a writ of mandamus. Plaintiff filed a supplemental brief on May 20, 2019 regarding the justiciability of the issues presented and again requesting a writ of mandamus. This matter was heard May 20, 2019 and the Court took the matter under advisement. II. Arguments Plaintiff asserts that the Charter prohibits an individual from serving more than three terms, or twelve years, as a city council member. Plaintiff argues that the Clerk and CEC have 3