Detroit, Michigan, Proposal P, Revised City Charter (August 2021)

Detroit Proposal P
Election date August 3, 2021
Topic Home rule charter
Status d Defeated
Type Referral	Origin Lawmakers

Detroit Proposal P was on the ballot as a referral in Detroit on August 3, 2021. It was defeated.

A "yes" vote supported the adoption of a revised city charter for Detroit that makes changes to policy regarding broadband access, police practices, healthcare, taxes and utilities, and reparations, among other topics.

A "no" vote opposed the adoption of a revised city charter, leaving Detroit's current charter in place.

A simple majority was required for the approval of Proposal P.

Overview

Proposal P would have replaced Detroit's current city charter with a 145-page revised charter written by the Detroit Charter Revision Commission. Since Detroit has home rule, its municipal government has more independence from the Michigan state government and thus the authority to adopt a full city charter. Proposed changes to city policy within the charter included the following:

• develop free public broadband internet;
• provide reparations to Black residents;
• change police practices, policies, and training requirements;
• give residents amnesty for water and sewer fees; and
• grant tax credit for residents who show proof of overassessed property taxes.

Measure design

Proposal P asked Detroit voters if they wanted to adopt a charter proposed by the Detroit Charter Revision Commission. Proposal P would have replaced the existing charter (adopted in 2012) with the Revision Commission's version of the charter. The revised charter would have been 145 pages long, adding 25 pages to the existing 120-page charter.

See the sections below for summaries of the charter's most notable revisions.

Public Broadband and Technology Commission for Sustainable Development: Sections 4-401 – 4-404

Sections 4-401 to 4-404 of the revised charter would have provided for the creation of a Public Broadband and Technology Commission for Sustainable Development under the legislative branch of the city government. This Commission would have consisted of seven members appointed by the city council. One Commission member would have been appointed from each of the city's seven districts and serve for a term of four years.

The Commission's duty, as defined in Section 4-402, would have been to "[a]dvise the City Council and Mayor on public broadband issues...that impact the delivery, use, distribution, and necessity for broadband services for city residents and business." The proposed charter would have required the commission to assist the City Council with three types of policy. Namely, policy to:

• create a public, freely accessible broadband network in Detroit;
• expand Detroit's broadband industry;
• make existing and future broadband technologies accessible to all citizens, particularly low-income citizens and citizens of color.

Section 4-403 would have required the commission to prepare two annual reports to deliver to the City Council. These reports would have summarized citizens' access to existing and developing broadband services, changes in broadband availability across various demographic groups, barriers to publicly funded broadband, and action items to address any disparities in access.

Taskforce on reparations: Section 7-702

Section 7-702 of the revised charter was designed to create a "Taskforce on Reparations and African American Justice." The taskforce would have operated under the direction of the Human Rights Commission, an 11 member commission with commissioners appointed by the Mayor for three-year terms. The revised charter would have stated that the purpose of the taskforce would be "to study, investigate, report on and address through reparations, the involvement, facilitation, complicity and culpability of the City of Detroit in relationship [sic] to the slave trade, institutions of slavery, institutional and structural racism, and discrimination against enslaved Africans and their descendants." Section 7-702 would have provided that taskforce members be nominated by the Human Rights Commission and approved by the City Council. Members would have needed to be either scholars, activists, and/or experts in the fields of civil rights, social sciences, economics, or Black studies. Members would have been able live outside of Detroit, but only if it were necessary to "acquire a particular expertise."

Under the revised charter, the specific duties of the commission would have been to:

• Identify and document the ways in which Detroit, its laws, and its affiliated entities supported the institution of slavery;
• Identify the "persistent negative effects" of the above practices on Black citizens;
• Identify any statues, monuments, or other city-owned property that is related to slavery and/or racism;
• Provide online updates about the taskforce's work and a means for citizens to offer input on said work; and
• Recommend practices to be implemented in Detroit, including:
  • The issuing of a formal apology from the City of Detroit for its perpetuation of human rights violations against "African slaves and their descendants";
  • A means to document, preserve, and communicate the taskforce's findings now and in the future;
  • The repeal of any laws or policies made by the City of Detroit that perpetuate racial inequity;
  • Policies and programs which aim to reverse the negative effects of slavery and racism in Detroit; and
  • Distribution of compensation to descendants of enslaved Africans.

Police Department: Sections 7-801 – 7-828

Sections 7-801 to 7-828 of the revised charter would have made changes related to policing in the City of Detroit.

Police department officials and staff

Sections 7-802 to 7-808 would have provided that:

• individuals with a career in law enforcement would be ineligible to serve on the Board of Police Commissioners;
• the Chief of Police (currently appointed by the Mayor) would be elected by the Mayor, City Council, and Board of Police Commissioners, with each entity having one vote; and
• the Chief of Police would be ineligible to hold any other positions within or outside of Detroit's municipal government.

Police training

Sections 7-821 to 7-823 would have instituted new requirements for hiring and training new recruits. Under section 7-821, new police officers would have been required to undergo psychological and physical examinations before working and annually thereafter, with examinations to be administered by the Board of Police Commissioners. Section 7-822 would have mandated a full departmental review, known as the "PEACE plan," within one year of the charter's adoption. Lastly, section 7-823 would have required the Board of Police Commissioners to administer training for new hires that would have needed to include, at minimum, the following topics:

• use of nonlethal force;
• situations in which lethal force is permissible;
• racial bias and cultural sensitivity;
• de-escalation practices;
• interactions with individuals impacted by police brutality;

Prohibited conduct

Section 7-824 would have outlined practices and behaviors that would have been prohibited under the revised charter. These practices and behaviors would have included:

• accepting property from federal military equipment programs;
• using sonic weapons, rubber bullets, paintballs, and tear gas at protests, demonstrations, rallies, vigils, or other activities protected under the First Amendment;
• entering an individual's property without first clearly identifying themselves as police officers;
  • executing no-knock warrants.

In addition, section 7-816 would have prohibited the doctrine of qualified immunity from use in any evaluations of police activity.

Surveillance technology

Section 7-825 would have required that the City of Detroit not implement facial recognition, cell phone tracking, or other surveillance technologies without the approval of the City Council. The charter would have mandated that the City Council adopt an ordinance detailing a public process for surveillance authorizations within 180 days of the charter's approval. This ordinance would have needed to include directives for the City council to document all surveillance requests and to submit an annual report about the use of surveillance in Detroit. Finally, the ordinance would have been required to specify procedures for instances of unapproved surveillance use and for the protection of whistleblowers.

Civilian rights

Section 7-827 would have given Detroit civilians the right to:

• digitally record interactions with police officers;
• receive the reason for a police stop or detention;
• obtain the name or badge number of any officer, in addition to the process for filing complaints against them; and
• request the presence of a supervising officer during a stop or detention.

Water amnesty and affordability: Section 7-1205

Section 7-1205 of the revised charter would have required that the following ordinances be adopted within 90 days of the charter's approval:

• an ordinance to create a water amnesty program;
• an ordinance to cap water rates at 3% of a resident's monthly household income; and
• an ordinance that prohibits the City from terminating water or sewer services during major health crises and to certain customers, including pregnant mothers, elderly and disabled citizens, children under 18, and citizens with chronic health conditions.

Property tax Overassessment Relief Program: Section 8-403

Section 8-403 of the revised charter would have created an Overassessment Relief Program for residents who believed they were being taxed more than the value of their property. If a resident could have presented proof of property tax overassessment within 14 years of the overassessment, the charter would habe required that they receive up to $1,000 in tax credit each year until the satisfaction of the overassessment.

Election results

Detroit Proposal P
Result		Votes	Percentage
Yes		22,696	32.70%
No		46,711	67.30%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Proposal P was as follows:

“

Shall the City of Detroit Home Rule Charter proposed by the Detroit Charter Revision Commission be adopted?

”

Full Text

The full text of this measure is available here.

Support

Yes on the People's Charter led the campaign for Proposal P, entitled the "People’s Charter for a Better Detroit Prop P Campaign."

Supporters

• Detroit City Council President Pro Tem Mary Sheffield
• Detroit City Councilmember Raquel Castañeda-López
• Detroit Charter Revision Commission Chairwoman Carol Weaver
• Detroit Charter Revision Commissioner Karissa Holmes
• Detroit Charter Revision Commissioner Laura Hughes
• Detroit Charter Revision Commissioner Quincy Jones
• Detroit Charter Revision Commissioner Richard Mack
• Detroit Charter Revision Commissioner Tracy Peters
• Detroit Charter Revision Commissioner Nicole Small
• Detroit Charter Revision Commissioner JoAnna Underwood
• Detroit Charter Revision Commissioner Barbara Anne Wynder
• Detroit Charter Revision Researcher Shamori Whitt
• Director of the Equitable Internet Initiative of the Detroit Community Technology Project Janice Gates
• City Clerk candidate Denzel McCampbell
• Community Organizer Norrell Hemphill
• President of the Detroit Library Commission Russ Bellant

Organizations

• Detroit Charter Revision Commission
• Metro Detroit chapter of the Democratic Socialists of America

Arguments

Detroit Charter Revision Commission Chairwoman Carol Weaver called the lawsuits that have been filed against Proposal P "attempts by Mayor Duggan and his circle to prevent Detroiters from having a say and voting on the revised charter that so many residents and community groups have been involved in crafting."

Detroit City Councilmember Raquel Castañeda-López: "[Proposal P] brought together folks who really understand what safety means, folks from the Black Lives Matter movement to folks within Detroit Action, who are looking at how we can reform our police department, how we can invest in things to prevent crime and give the people the economic opportunity and aren't stuck in low-wage jobs."

City Clerk candidate Denzel McCampbell: "You’re talking about public transportation, the digital divide and access to broadband, water affordability to ensure folks have access to water. When we’re talking about the right to safety to ensure the police department is not overmilitarized. When we talk about surveillance and the right to privacy. These are the things in the revised charter." McCampbell also said of concerns about the cost of Proposal P, "In my view, it’s like using scare tactics to chase voters away of engaging in a charter that has thoughtful years going to it and really is a framework that answers so many issues that residents have brought to us."

Detroit Charter Revision Researcher Shamori Whitt: "[City officials] are the ones that would assign numbers and put policy into action. It is not mandated spending. They are completely in power of making decisions for the benefit of Detroiters."

Detroit resident Wendy Caldwell-Liddell: "Residents like me need this charter. If we felt protected by the measures that are already in place by the people in power, this document would not be necessary. Hundreds of residents, if not thousands, participated in this document."

President of the Detroit Library Commission Russ Bellant said of the lawsuits that were filed against Proposal P, "The most important thing I am concerned about is having the right to make a choice to begin with. I don’t like the idea that people are trying to impede the vote on this after we elected the charter commission."

Director of the Equitable Internet Initiative of the Detroit Community Technology Project Janice Gates: "We know that it’s primarily Black and brown communities that have been consistently denied rights of internet access and the ability to communicate with each other without threat of extraction. Technology should be integrated in the neighborhoods in a way that heals and restores, but also can strengthen the neighborhood, their community organizing efforts, their ability to participate collaborate and create a more resilient neighborhood."

Community Organizer Norrell Hemphill: "In the charter, it will set rates so Detroiters stop paying these exorbitant rates of water, upwards of 10% of their household monthly income. It will set it at 3%, as defined by the UN"

Opposition

While there was not an organized opposition campaign, most opponents focused on the cost of the proposed budget, arguing that it would unbalance Detroit's budget.

Opponents

• Governor Gretchen Whitmer (D)
• Attorney General Dana Nessel (D)
• Mayor Mike Duggan
• State Rep. Tenisha Yancey (D)
• State Rep. Shri Thanedar (D)
• State Rep. Joe Tate (R)
• State Rep. Tyrone Carter (D)
• State Rep. Helena Scott (D)
• State Rep. Karen Whitsett (D)
• State Rep. Stephanie Young (D)
• State Sen. Marshall Bullock (D)
• Detroit Regional Chamber President and CEO Sandy Baruah
• Former Detroit City Council member Sheila Cockrel
• Former Detroit Police Chief Ike McKinnon
• Former Director of the Detroit Water and Sewerage Department Charlie Beckham
• President of the Detroit Police Lieutenants and Sergeants Association Mark Young
• President of the Detroit Retired City Employee Association Allen Lewis

Arguments

Governor Gretchen Whitmer (D) cited “substantial and extensive legal deficiencies” when she declined to approve the proposed charter. She also said, “If the proposed revisions cause a financial crisis, the [Financial Review Commission] could then revoke the city of Detroit’s and the Detroit Public School Community District’s waiver, requiring the FRC to regain full oversight over the city’s and school district’s finances...A financial crisis could have adverse consequences for residents, businesses, and persons who receive a pension from the city.”

President of the Detroit Police Lieutenants and Sergeants Association Mark Young: "Proposal P handcuffs leadership...[and] diminishes the authority of elected officials who have to make decisions.” Young and others fear that the charter revision would have adverse effects on law enforcement authorities.

Some opponents of Proposal P believe that the charter revision would be too costly. The Detroit Free Press reports:

"Mayor Mike Duggan's administration has argued that the changes could cost about $2 billion over four years, which the Charter Commission disputed. Community leaders are concerned that these high costs will be an avenue toward state control and emergency management because the city will be unable to balance its budget. Organizers also argue these additional costs will put public services such as police and fire at risk, and hinder job creation for Detroiters."

President of the Detroit Retired City Employee Association Allen Lewis: “We were hit very hard in the last bankruptcy. We had our pensions cut, we lost our cost of living, we lost our health care. The retirees feel the pain of the last bankruptcy every month when our checks come. It’s not what we were promised. We feel it. We cannot afford a second round of bankruptcy.”

Former Director of the Detroit Water and Sewerage Department Charlie Beckham: "Though it may be well-intentioned, I think it’s trying to fix a problem that doesn’t exist … it’s going to be a burden on our budget."

Spokesman for Gov. Duggan John Roach said of the lawsuits that have been filed against Proposal P, "It's the governor's fault, it's the mayor's fault, it's the attorney general's fault. Every time the Charter Commission runs into problems with their own ineptitude, all they can ever do is blame somebody else."

Background

Proposal P would have replaced Detroit's existing city charter, which was approved by voters in 2011 and enacted in 2012. The 2012 charter was the product of its own Charter Revision Commission, which was elected by Detroit voters in 2009. The charter was revised twice before the 2012 version in 1997 and 1974, with the original charter having been enacted in 1918. When Detroit first revised its charter, it set a precedent allowing for the creation of a nine-member commission to investigate and propose any necessary changes to the city charter.

In August of 2018, Detroit voted to revise the 2012 charter by approving Proposal R. Later that year, voters elected a Charter Revision Commission in the November election. The Revision Commission was tasked with preparing a revised charter to be proposed to Detroit's voters. This charter was on the ballot on August 3.

Police-related ballot measures in 2021

See also: Notable local police-related ballot measures (2021)

In 2021, Ballotpedia covered a selection of local police-related measures concerning police oversight, the powers and structure of oversight commissions, police practices, law enforcement department structure and administration, law enforcement budgets, law enforcement training requirements, law enforcement staffing requirements, and body and dashboard camera footage.

State	Jurisdiction	Title	Election date	Description	Result
New York	Albany	Proposal 7	November 2	Increases the authority of the Community Police Review Board over investigations and oversight of complains against police	a
Texas	Austin	Proposition A	November 2	Requires a minimum number of police officers and certain police training and sets demographically representative hiring practice guidelines	d
Washington	Bellingham	Initiative 2	November 2	Prohibits facial recognition and predictive policing technology	a
Colorado	Denver	Referred Question 2G	November 2	Transfers the power to appoint the Independent Monitor to the Office of the Independent Monitor, which is responsible for disciplinary investigations concerning the Denver police and sheriff’s departments, from the mayor to the Citizen Oversight Board	a
Minnesota	Minneapolis	Question 2	November 2	Replaces the police department with a department of public safety in the city charter	d
Ohio	Cleveland	Issue 24	November 2	Changes the oversight structure of the Cleveland Police Department	a
Michigan	Detroit	Proposition P	August 3	Revises the Detroit City Charter, with multiple changes to the Detroit Police Department included	d
Texas	Austin	Proposition C	May 1	Establishes the position of the Director of Police Oversight in the city charter	a
Texas	San Antonio	Proposition B	May 1	Repeals provisions allowing police officers to collectively bargain with the city	d
Pennsylvania	Pittsburgh	Ban No-Knock Warrants Initiative	May 18	Requires police to knock on a door, announce their presence, and wait at least 15 seconds before entering a residence to execute a warrant	a
Pennsylvania	Allegheny County	Prohibit Solitary Confinement Initiative	May 18	Prohibits the solitary confinement of persons held in the Allegheny County Jail	a
Illinois	Oak Park	Police Defunding Advisory Question	April 6	Advises the city to defund the police department	d

In 2020, Ballotpedia identified 20 police-related measures in 10 cities and four counties within seven states that appeared on local ballots. All 20 of the ballot measure were approved.

Path to the ballot

In 2018, voters in Detroit passed Proposal R, a ballot measure authorizing the creation of a charter revision commission. Since then, the Detroit Charter Revision Commission has drafted a revised charter to replace the existing one (which was approved in 2012).

The Commission completed their draft of the charter on February 27, 2021, and approved the text of Proposal P shortly after on March 9th. Then, on March 21, 2021, Proposal P was approved by Detroit City Clerk Janice Winfrey. The Commission then submitted the revised charter to Michigan Governor Gretchen Whitmer (D), who declined to approve the charter but did provide comments to the Commission. However, the legal analysis completed by Michigan Attorney General Dana Nessel (D) stated that Proposal P could stay on the ballot even though it did not receive Gov. Whitmer's approval. On May 13th, the Detroit Elections Commission certified Proposal P in a 2-1 vote. Two lawsuits were then filed to remove Proposal P from the ballot and have since been merged into one case.

Lawsuit

  

Lawsuit overview
Issue: Whether the measure may appear on the ballot without approval from the governor
Court: Michigan Supreme Court
Ruling: Ruled in favor of the defendants, keeping Proposal P on the ballot
Plaintiff(s): Reverend Horace Sheffield III, Rodrick Harbin, Allen Lewis, Ingrid White	Defendant(s): City Clerk Janice Winfrey, Detroit Charter Revision Commission
Plaintiff argument: It violates the Home Rule City Act for Proposal P to appear on the August 3 ballot without approval from Governor Gretchen Whitmer.	Defendant argument: The Michigan Home Rule City Act requires a proposed charter to be sent to the governor, but does not require the governor's approval for it to appear on a ballot.

  Source: WDET: Detroit's NPR Station[1]

In early May, 2021, the Wayne County Circuit Court merged two lawsuits seeking to remove Proposal P from the ballot for the upcoming August 3 election. On May 26, Chief Judge Timothy Kenny found that Proposal P could not be referred to the voters without approval from Gov. Whitmer. Jugde Kenny cited Section 117.22 of the 1909 Home Rule City Act, which reads as follows:

"Sec. 22. Every amendment to a city charter whether passed pursuant to the provisions of this act or heretofore granted or passed by the state legislature for the government of such city, before its submission to the electors, and every charter before the final adjournment of the commission, shall be transmitted to the governor of the state. If he shall approve it, he shall sign it; if not, he shall return the charter to the commission and the amendment to the legislative body of the city, with his objections thereto, which shall be spread at large on the journal of the body receiving them, and if it be an amendment proposed by the legislative body, such body shall re-consider it, and if 2/3 of the members-elect agree to pass it, it shall be submitted to the electors. If it be an amendment proposed by initiatory petition, it shall be submitted to the electors notwithstanding such objections."

After Judge Kenny's ruling, the Charter Revision Commission filed emergency appeals with the Michigan Court of Appeals and the Michigan Supreme Court. On June 1, the Supreme Court suspended Kenny's order to strike Proposal P from the ballot. On June 3, the Michigan Court of Appeals upheld Kenny's decision, but the Supreme Court suspended the order a second time on June 4th. On June 17th, Detroit began printing ballots for the August 3 election that included Proposal P, even though the Supreme Court had not reached a decision yet.

On July 29th, 2021, the Michigan Supreme Court ruled that Proposal P could stay on the ballot in a 4-3 vote. Justices Welch, Bernstein, McCormack, and Cavanagh voted to keep Proposal P on the ballot, with Justices Viviano, Clement, and Zahra dissenting. Justice Elizabeth Welch found that the Home Rule Cities Act does not explicitly give the governor the power to stop a charter amendment election. Further, she argued that the Michigan State Constitution delegates the power of writing a city charter to the city's voters. Thus, she ruled that Gov. Whitmer did not have the power to cancel the vote on Proposal P. The election will be held on August 3, 2021.

See also

Local measures

• Local measures in 2021
• Home rule charter on the ballot

• Wayne County measures

Michigan

• Michigan 2021 local measures
• Local ballot measures, Michigan
• Detroit, Michigan

News and analysis

• State and local preemption conflicts
• Measures advancing national agendas

External links

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