The Legality of Trust

In 2008, voters in Macomb, Oakland, and Wayne Counties approved collection of a .10-mill tax to support the Detroit Zoological Society. A couple of weeks ago, the Detroit Free Press revealed that several Wayne County cities have been withholding a portion of those dollars for their Downtown Development Authorities (DDAs) and Tax Increment Financing Authorities (TIFAs).

Although all cities in Macomb and Oakland Counties have given every dollar collected from this mill to the zoo, over the last five years, as many as 36 cities in Wayne County have withheld some of the funds. Today, that number is down to 15: Our beloved Dearborn, along with Dearborn Heights, Grosse Pointe City, Grosse Pointe Park, Hamtramck, Harper Woods, Huron Township, Melvindale, Northville, Plymouth Township, River Rouge, Romulus, Taylor, Van Buren Township, and Wyandotte (Kavanaugh). 

  

On the legal front, the cities’ actions are supported by the opinion of the Miller-Canfield law firm and opposed by both the former and current Attorneys General (Mike Cox and Bill Schuette, respectively) (Abdel-Razzaq, “Woodhaven”). Some cities are pressing ahead with a lawsuit, so the courts will have the final say. But the legality of the action is really a sideshow.

These cities are directly contradicting the explicit will of the people and seeking legal justification to do so. Wyandotte’s mayor, Joe Peters, said the zoo is, “important to the kids and families. But what about our communities? These funds are going right into our downtowns…and now they want to take $18,000 from us?” (Laitner). That’s a pretty upside down view: That $18,000 never belonged to the city; the residents approved those dollars specifically for the zoo. Taylor Mayor Jeffrey Lamarand acknowledged that his constituents have no idea that a portion of their zoo tax never makes it to the zoo, but, he said, “whose responsibility was it to educate the voters?” (Laitner). So only certain bucks stop at city hall? Why should elected public officials, responsible for stewardship of our tax dollars, tell constituents how their dollars are being utilized?

Many of the 15 cities plan to continue capturing a portion of the zoo millage as well as to follow the same procedure with the recently passed Detroit Institute of Arts millage. Andy Meisner, the treasurer of both Oakland County and the Oakland County Zoological Authority said it best, “The bottom line is the zoo is really an economic development driver for the region and when people approved a zoo millage they did it to help fund a regional attraction….I sympathize with TIFAs and DDAs…It’s not that they aren’t doing important work but this isn’t an appropriate source of funding for them” (Kavanaugh).

These cities breached the trust of the voters. If the courts do not hold them to account (and, perhaps, even if they do), then, on Election Day, the voters certainly should.

 Sources:

Abdel-Razzaq, Lauren. “Use of Detroit Zoo Tax Money Defended.” The Detroit News. Media News Group. 23 Jan. 2013. Web. 2 Feb. 2013. http://www.detroitnews.com/article/20130123/METRO01/301230350

Abdel-Razzaq, Lauren. “Woodhaven Tried to Repay Zoo Tax Funds in ’09, Documents Show.” The Detroit News. Media News Group. 24 Jan. 2013. Web. 2 Feb. 2013. http://www.detroitnews.com/article/20130124/METRO01/301240478

Kavanaugh, Catherine. “Cities Keeping Part of Detroit Zoo Tax; Lawsuits Likely.” The Macomb Daily. Journal Register. 22 Jan. 2013. Web. 2 Feb. 2013. http://www.macombdaily.com/article/20130122/NEWS01/130129849/cities-keeping-part-of-detroit-zoo-tax-lawsuits-likely#full_story

Laitner, Bill. “Wayne County Communities Keeping Some Zoo Tax Money for Downtowns.” The Detroit Free Press. Gannett. 21 Jan. 2013. Web. 2 Feb. 2013. http://www.freep.com/article/20130121/NEWS05/301210077/Wayne-County-communities-keeping-some-zoo-tax-money-for-downtowns?appSession=63733711749655&RecordID=&PageID=2&PrevPageID=&cpipage=2&CPISortType=&CPIorderBy=

Rogers, LeAnne. “Clarification Expected on How Cities Collect Zoo Tax.” Observer and Eccentric. Gannett. 27 Jan. 2013. Web. 2 Feb. 2013. http://www.hometownlife.com/article/20130127/NEWS24/301270393/Clarification-expected-how-cities-collect-zoo-tax