After several months of court hearings, Macomb County Circuit Court Judge Michael Servitto issued a decision Dec. 19 regarding four points of contention between Warren Mayor James Fouts and the city council.
Servitto’s decision closes the case, which was filed by Lawrence Garcia of Miller Canfield PLC on behalf of Fouts in February of 2022.
The judge ruled that city council members should not contact city department heads or administrative officers directly unless it is in the course of an investigation but per the city charter “shall conduct its affairs through the Mayor.”
Servitto also ruled on three motions involving attorneys.
The first ruling solidifies Ethan Vinson’s position as the city attorney and states that once appointed by the mayor – as Vinson was prior to the current council’s election in 2019 – the city attorney serves at the pleasure of the mayor. Servitto said in his decision that the city charter language is unambiguous in stating that the city attorney does not have to be reappointed if a new council is elected.
The judge said the city council does not have the authority to declare the office of city attorney vacant or remove the city attorney from office, but does have the authority to “excuse the department of law from its meetings.”
“This decision reinforces the argument that we follow the city charter and it is a victory of public service over disservice to the public,” said Fouts.
The Warren city council hired its own attorney, Jeffrey Schroder of Plunkett Cooney law firm, in 2020.
“We started this lawsuit to try and clarify how the mayor and council should behave in regard to certain parts of the charter,” said Garcia. “The judge decided that Ethan Vinson is the city attorney and that he has to be allowed to at least review ordinances and be the default advisor to the council.”
Servitto also ruled that both city council and mayor have the right to hire special legal counsel related to the affairs of the city as long as such services are necessary for the discharge of their responsibilities and invoices are submitted. The first ruling allows Schroder to continue to serve as the city council’s special attorney and to draft city ordinances upon the council’s request. The second ruling allows the mayor to legally hire firms such as Miller Canfield to represent him.
“We appreciated the court upholding the city council’s ability to adopt ordinances,” said City Council President Patrick Green. “The mayor had been blocking publication of several ordinances and we look forward to those now being published,”
Green said ordinances awaiting publication include: creating a Diversity, Equity and Inclusion Commission; a Diversity, Equity and Inclusion director; a Veterans Commission; a limit to city advertising paid for by taxpayers; and dedicating 50% of EMS transport revenue to the Warren Fire Department.
“These ordinances are a critical part of our agenda, of everyone’s agenda, to move the city forward and to address major issues related to veterans, diversity, public safety and fiscal responsibility,” said Green.
Mayor Fouts said he has done nothing to stall the publication of ordinances and that Vinson is the one who approves ordinances.
Fouts said he views Servitto’s decision as a win for his administration.
Servitto ruled on another piece of this litigation in April 2022 when he said that the city council has the right to amend the mayor’s proposed budget and approve that amended budget without negotiating with the administration.
