Board declines to endorse Otsego as a “constitutional county”
GAYLORD — A largely symbolic resolution that would have had Otsego County declare itself a “constitutional county” and encourage the sheriff and prosecuting attorney not to enforce laws that infringe on Second Amendment rights failed to gain enough support from the county board of commissioners on Tuesday.
The resolution failed as six commissioners, including Trevor Burroughs, Jason Clement, Terra Deming, county board chairman Doug Johnson, Brett McVannel, and Kyle Yohe, voted against the measure. Commissioners Henry Mason, Jonathan Turnbull and Dana Wingo voted in favor.
The resolution drew a substantial amount of public comment as a majority of those speaking argued against passage. They said the measure was partisan, unconstitutional and unneeded as all commissioners agree to uphold both the U.S. and Michigan constitutions when they are sworn into office.
Those in favor said it was needed to stop potential legislative overreach that could restrict rights affirmed by the Second Amendment and a section of the Michigan Constitution.
It is titled "A Resolution in Support of the Second Amendment of the US Constitution and the Michigan Constitution."
District Five Commissioner Jason Clement believed that this resolution was similar to one the county board passed in 2020.
"It is redundant and not necessary as we have already affirmed our support for the constitution," said Clement.
He was not happy that the resolution failed to make it out of the board's finance committee and then was submitted to the personnel committee to get it before the full board.
Clement was also upset that an opinion from county attorney Haider Kazim was requested, which will result in the county spending money on the measure.
"We should be working on finding a solution for the Alpine Center," Clement said, referring to the aging county building that has to be replaced.
Commissioner Trevor Burroughs of District Six also wasn't thrilled with the two-committee approach and the use of county funds for the attorney's opinion.
"We are over stepping (our authority) and we all took an oath pledging to uphold the constitution," Burroughs said.
A section of the resolution said, "the board will not authorize or appropriate new funds, resources, employees, agencies ... for the sole purpose of enforcing any statute, law, rule, order or regulation that restricts the rights of any law-abiding citizen affirmed by the Second Amendment of the United States Constitution or Article 1, Section 6 of the Michigan Constitution."
Commissioner Henry Mason of District Two, who supported the resolution, said it wouldn't affect the ability of the sheriff or prosecuting attorney to enforce a law.
"This doesn't subvert the authority of the sheriff or prosecuting attorney," he said.
County administrator Matt Barresi read the opinion of county attorney Kazim to the board, who said "the Otsego County Board of Commissioners has the authority to adopt the resolution as drafted and revised."
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Earlier this year, boards in Livingston and Ottawa counties approved similarly worded resolutions. Some of those who opposed the resolutions in those counties said the measure may have been a response to gun control-related laws approved earlier this year by the state legislature in the wake of the Feb. 13 mass shooting at Michigan State University that killed three students and injured five others. The gun safety measures include the safe storage of firearms around minors.
Previously, dozens of counties had passed proactive resolutions declaring themselves "Second Amendment Sanctuaries."
— Contact Paul Welitzkin at pwelitzkin@gaylordheraldtimes.com.
This article originally appeared on The Petoskey News-Review: Board declines to endorse Otsego as a “constitutional county”
