Plаintiffs appeal from a Wayne County Circuit Court order which granted defen
On November 3, 1981, Wayne County voters adopted a new home rule charter, which became effective January 1, 1983. Article IV, §4.361 creates "the department of the road commission”. Section 4.362 prescribes the powers and duties of the road commission:
"The department may exercise all powers and duties provided by law. Those powers and duties are not modified by this Charter and may not be modified by a reorganization plan, but additional powers and duties may be assigned the department by the reorganization plan.”
On January 7, 1982, the then-existing board of county road commissioners approved a six-year agreement with the Association of Road Commission Administrators, a newly formed labor organization consisting principally of Wayne County Road Commission executive, managerial and supervisory personnel in three enumerated bargaining units.
On January 13, 1982, plaintiffs commenced this action for. declaratory judgment and superintending control to declare the agreement null and void. The complaint alleged that the agreement was contrary to law and public policy and that "the recognition of said bargaining unit is а flagrant attempt to circumvent the newly established Charter for the County of Wayne and to insulate certain personnel in high paying positions so that the newly elected Wayne County Executive will be unable to make administrative and personnel changes within the road commission”.
The complaint describes plaintiff Killeen as fol
The complaint describes Senator Hertel merely as "a taxpayer residing in the City of Harper Woods, County of Wayne”.
The complaint described plaintiffs Ward and Barnes as "President and Vice-President respectively of the Wayne County Charter Commission * * * and are also residents and taxpayers of the Cоunty of Wayne”.
On the day the complaint was filed, the circuit court issued an order to show cause and a temporary restraining order forbidding defendants from taking any action to implement, ratify, or adopt the collective-bargaining agreement.
On January 27, 1982, the Wayne County Road Commission moved for accelerated judgment on the grounds that plaintiffs lacked standing to sue and that the court lacked jurisdiction because exclusive jurisdiction of the action was. vested in the Michigan Employment Relations Commission. On January 28, 1982, the Association of Road Commission Administrators filed a nearly identical motion.
After briefing and arguments, the circuit court filed an opiniоn, granting motions for accelerated judgment, on February 16, 1982. The circuit court judge decided that plaintiffs lacked standing as taxpayers on the basis of
Killeen v Wayne County
The circuit court judge also held that plaintiffs lacked standing to bring the action as public officials because "there is no allegation that the State Senate, the board of commissioners nor [sic] the charter commission have authorized any action or have asked any one of these persons to act for them in any official capacity”.
Finally, the circuit court judge ruled that Senator Hertel lacked standing to bring the action because, unlike the situation in Kennedy v Samp son, 167 US App DC 192; 511 F2d 430 (1974), on which plаintiffs relied, "Senator Hertel’s action in voting for the Charter Legislation has not been blocked, the act is effective and is operating. His senatorial actions have come to fruition and not frustration.”
Following the entry of an order granting accelerated judgment, plaintiffs filed a motion for rehearing and for leave tо file an amended complaint "in order to cure the standing defects cited in this court’s opinion and to add parties”. The motion for rehearing sought leave to add as plaintiffs eight additional members of the Wayne County Charter Commission, and sought to enhance Senator Her-tel’s standing by reference to Senate Resolution 380, which allegedly authorized Hertel to bring the action on behalf of the Senate.
The amended complaint attached to plaintiffs’ motion for rehearing added an allegation that Senator Hertel "is a member of the Michigan State Senate and has been duly authorized on behalf of the Michigan State Senate to bring this action”. The amended complaint alleged that the eight additional members of the charter commission "are also members of the Wayne County
The allegations that the charter commission endorsed the lawsuit were based on a resolution passed by the charter cоmmission to the effect "that the charter commission hereby authorized court action, including any appeal, to establish that the purported Road Commission Collective-Bargaining Contract entered in after voter adoption of the County Charter is against public policy and unenforceable”. At the same meеting, the charter commission voted not to expend charter commission funds for the lawsuit.
While the motion for rehearing was pending, the circuit court judge adjourned the hearing until April 15, 1982, in order to give the Attorney General an opportunity to intervene, pursuant to Senate Resolution No. 380. By letter opinion dated April 9, 1982, the Attorney Gеneral declined to intervene, concluding that "boards of county road commissioners have, in my opinion, the authority to enter into collective-bargaining agreements during the time period between approval of a county charter and the date upon which the charter becomes operative”. The Attorney General based his opinion on the public employment relations act (PERA), MCL 423.201
et seq.;
MSA 17.455(1)
et seq.,
and
Wayne County Civil Service Comm v Bd of Supervisors,
In light of the Attorney General’s refusal to
After further argument аnd briefing, the circuit court rendered an opinion April 23, 1982, denying rehearing and intervention. The circuit court denied rehearing because it felt that the original decision was correct and, in addition, that plaintiffs’ remedy was either an appeal or the commencement of a new lawsuit with proper parties. The circuit court judge also ruled that the Senate and charter commission resolutions failed to repair defective standing because plaintiffs still "had not stated anything which would show that they had suffered the type of injury which would give them standing in this particular lawsuit”. He said:
"The court did not state that if the Senate or the county commission or the сharter commission were added that the plaintiffs would have standing. The court in its opinion said there was no allegation that 'State Senate, the board of commissioners nor the charter commission have authorized any action or have asked anyone to act for them in an official capacity.’ The cоurt was merely noting the bareness of the individual plaintiffs. The court did not rule that plaintiffs lacked standing for the reason that they had not been asked by their respective bodies to represent them. The court found that the plaintiffs had not stated anything which would show that they had suffered the type of
The circuit court judge repeated that plaintiffs’ proper remedy was either an appeal or a new lawsuit with proper parties rather than amendment to add new parties. He said:
"To try and to roll all of these matters into one lawsuit at this time would appear to this court not advisable. It would present a patchwork quilt of legal contentions, legal decisions, legal rulings and theories that would but add to the confusion.”
Finally, the trial judge denied intervention by the State Senate General Counsel on behalf of the Senate pursuant to Senate Resolution No. 434.
The issues for our consideration are whether the plaintiffs have standing to bring thе action as government officials or as taxpayers.
Plaintiff Killeen’s status as a member of the Wayne County Board of Commissioners does not confer upon him standing to bring this action. On this point our decision in Killeen v Wayne County Civil Service Comm, supra, is controlling. There Killeen sued the Wayne County Civil Service Commission as an individual, taxpayer and member of the Wayne County Board of Commissioners to challenge the Wayne County Civil Service Commission’s approval of one Petitpren’s provisional appointment to the position of assistant director of personnel services for the Wayne County Road Commission. The circuit court held that Killeen had standing as a taxpayer, but we reversed. Wе held that plaintiff lacked standing as a taxpayer, as a private person and as an elected public official. As to Killeen’s claim of standing as an elected public official, we stated:
Killeen’s posture is no bettеr in this case, and we hold that he lacks standing as a public official.
Charter commission members Ward and Barnes, along with State Senator Hertel, rest their , public-official standing arguments on the grounds that the contract complained of nullified their legislative voting power. These plaintiffs rely on a line of federal standing casеs commencing with
Coleman v Miller,
"In the present case, appellee has alleged that conduct by officials of the executive branch amounted to an illegal nullification not only of the Congress’
[sic]
exercise of its power, but also of appellee’s exercise of his power. In the language of the
Coleman
opinion, appellee’s object in this lawsuit is to vindicate the effectiveness of his vote. No more essential interest could be asserted by a legislature. We are satisfied therefore, that the purposes of the standing doctrine are fully served in this litigation.”
Kennedy, supra,
p 198. See also
Riegle v Federal Open Market Committee,
211 US App DC 284; 656 F2d 873 (1981),
cert den
We note initially that we are not bound by federal standing analysis, though some state courts have employed the federal cases as persuasive authority. See,
e.g., Moore v Shanahan,
207 Kan 645;
To satisfy standing requirements in federal court, a party must demonstrate: (1) that he has
Michigan has recognized that public officials have standing to sue commensurate with their
Senator Hertel’s official duties are legislative. Charter commission members Ward and Barnes’s only statutory duty was to "draft a proposed charter within 180 days after the date of completing its organization as provided in section 10”. MCL 45.511; MSA 5.302(11). Moreover, this charter commission expired August 5, 1982, two years after its election. MCL 45.510(4); MSA 5.302(10X4). There is no showing that, because of his official position, Killeen has been entrusted to oversee the proper functioning of the commission.
The proposed intervenors fare no better. These plaintiffs do not have standing based upon their statutes as public officials.
The remaining issue is whether they have standing as taxpayers. We conclude that they do not.
The Court in
Menendez v Detroit,
Affirmed.