Lansing City Council seeking third party legal review of Schor fundraising email

LANSING — The Lansing City Council voted unanimously Monday to get a second opinion after City Attorney Jim Smiertka earlier this month cleared Mayor Andy Schor of alleged violations stemming from a campaign email.

Schor did not commit campaign finance violations or run afoul of city ethics rules when he sent an email last month requesting people to donate to a campaign fund, the city attorney determined.

Smiertka on July 10 wrote to the Council that Schor has the right to solicit donations for his political action committee and reference his title as mayor while doing so. That legal opinion came after Lansing activist Erica Lynn sent an email to City Council requesting their support for an ethics complaint against Schor.

Council members and some community members are upset about a June 12 email solicitation from a Schor PAC, the Schor Leadership Fund. In the email, which included a logo similar to one used by the city, Schor wrote that he was seeking partners to implement his vision in the city, and financial donations. He signed the letter with his official title, something Smiertka said is legal under Michigan campaign finance laws.

"There is nothing impermissible or illegal about the Mayor's communication that was sent for review," the city attorney wrote. "He is permitted to campaign and raise funds for other races or ballot questions, and he is allowed to reference both his elected office and the City. He is not allowed to use City resources or explicitly say that he will use his office for the benefit of a potential donor but neither of those circumstances are presented here."

At-Large Councilmember Patricia Spitzley requested an outside legal review at the Monday Committee of the Whole meeting after a heated disagreement between Council members and Smiertka about his opinion.

"I'm almost 1,000% sure that a lot of thought went into the opinion, I have no doubt about that," Spitzley said. "But my main concern is that we're kind of in a gray, no man's land here."

City Issues Opinion on Complaint: City attorney clears Lansing Mayor Andy Schor after ethics violation accusations

Smiertka sparred with Councilmember Ryan Kost when Kost questioned him about when City Council is permitted to seek outside opinions. They recited the city's ordinance, but when Kost further questioned Smiertka what those provisions were, he said "the opinion is you don't need outside counsel."

Kost told Smiertka he doesn't understand how that made sense.

Smiertka told Council members while the office typically reports to the mayor, it is also "responsible to City Council and also the mayor for the best practices," Smiertka said. "We have vetted this opinion. We have researched, we have very a talented office. I see no reason to go outside because we've issued an opinion. You're questioning our credibility."

Council approved her motion 7-0. At-Large Councilmember Peter Spadafore was absent.

Spitzley told the State Journal that City Council is in its jurisdiction to request the outside review because they are dissatisfied with what Smiertka's issued.

Schor did not attend the committee meeting and briefly attended the subsequent City Council meeting. He didn't address the dispute over his letter.

A Schor campaign official defended the letter.

"The Schor Leadership Fund has followed state campaign finance laws, and the City of Lansing Attorney has determined there is not an ethics violation," Heather Ricketts, campaign treasurer, said in an email. "The Mayor joins with Governor (Gretchen) Whitmer, Senator (Sarah) Anthony, countless other elected officials and in this just election cycle; Councilmembers Spitzley, (Brian T.) Jackson and Spadafore in making endorsements. This is not a new or controversial topic."

Schor's PAC sent a new email in July that included a different logo that isn't similar to one the city uses.

She previously told the State Journal in a statement the Schor Leadership Fund PAC has existed since 2013.

Lynn said she soon intends to file a formal complaint over the June 12 solicitation alleging violations of the city ethics ordinance.

"The mayor is a public official, and he's still a city employee that's powered by the city's code of ethics," Lynn said. "That is the complaint that I am going to be submitting."

Lynn and her husband Mike Lynn Jr. told City Council they were quoted $602.35 for a deposit for email records they sought through a public records request from the city that included 796 correspondences from the AndySchor.com to the LansingMi.gov domains between Jan. 1, 2018 to July 11, 2023.

Lynn told the State Journal she filed the request after Council President Carol Wood told Deputy Mayor Shelbi Frayer during the July 10 City Council meeting she received a new solicitation email from Schor's PAC at her LansingMi.gov address. She's inquiring with the city's IT department on how to block future emails as she believed other employees received them.

"I'm asking to you to please notify the mayor and his campaign information that he needs to stop sending emails to city accounts, soliciting funds and promoting candidates," Wood said. "I have had this conversation with him before over other candidates that did this. It might not be illegal, but it's definitely improper."

Councilmember Adam Hussain later told council he was uncomfortable speaking about the unfiled complaint due to the possibility of being charged with a misdemeanor. Smiertka clarified misdemeanors could be filed if City Council members make disparaging or favorable comments about someone's "political agenda or whatever" in a public facility such as the Tony Benavides City Council Chambers.

Wood later told the State Journal that council will soon review the necessary process to employ a law firm to review Lynn's formal complaint, once it is filed.

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Contact reporter Krystal Nurse at 517-267-1344 or knurse@lsj.com. Follow her on Twitter @KrystalRNurse.

This article originally appeared on Lansing State Journal: Lansing City Council seeking third party legal review of Schor fundraising email