Macomb County executive, Warren mayor appeal judges' rulings in unrelated lawsuits

Two of Macomb County’s most well-known politicians are appealing recent — yet unrelated — court rulings over budgetary matters, with one of them also filing a new lawsuit in the county's circuit court.

Executive Mark Hackel and the county on Thursday filed an application for leave to appeal with the Michigan Supreme Court after a state Court of Appeals opinion in March favored Prosecutor Peter Lucido in a claim that Hackel withheld money for four budgeted positions in the prosecutor’s office.

And Warren Mayor Jim Fouts filed an appeal May 5 with the Michigan Court of Appeals of a recent circuit court ruling that Warren City Council has the authority to amend the mayor’s proposed budget prior to passing an appropriations ordinance. Fouts also was ordered to stop any further disbursement of unappropriated funds.

Fouts also filed another lawsuit May 4 against the city council in circuit court alleging it hasn’t paid about $180,000 in invoices for training of fire cadets.

'Battlefield' for county budget wars

Lucido filed his lawsuit in January in the Court of Appeals saying Hackel failed to enforce the 2022 budget, approved by county commissioners, which appropriated funds for the positions.

A Court of Appeals panel said Hackel "exceeded the scope" of his authority to impound funds to achieve economic efficiencies. It granted Lucido's request for a declaratory judgment and directed Hackel to "either disburse those funds to plaintiff or seek an amendment of the appropriations ordinance from the board."

Hackel and the county argue in their application that the Court of Appeals decision will "have far-reaching implications and, if not reversed, will throw open the doors of the Court of Appeals to settle budget disputes raised in any and every county by nearly any and every county official."

More: Judges rule against Warren mayor, Macomb County executive in unrelated lawsuits

It added the "result of the Court of Appeals’ holding will be competing budget proposals presented by each Macomb County countywide elected official — a return to the political horse trading that the Macomb County charter sought to remedy."

In a news release Friday, Lucido and his attorney called on Hackel to immediately post the job vacancies and disclose the cost of the law firm representing Hackel as well as legal service agreements and billings.

Lucido, who is being investigated internally for workplace complaints alleging unlawful discrimination and/or harassment, wants to fill two full-time positions — communications director and administrative assistant — and two part-time positions — intern coordinator and file clerk. He said the cost of the positions is about $300,000.

Political gamesmanship or protecting taxpayers?

That tune sounds familiar in Warren, where Fouts and the city council have been going head to head over the city charter, budgets and other issues —- with disputes in and out of court.

Like Hackel, Fouts was expected to appeal the recent decision by the lower court.

Fouts sued the council in February, saying it refuses to follow the process as outlined in the city charter. He asked for judgment on several issues, including that the council lacks authority to alter or amend line items in the mayor's recommended budget.

More: Warren mayor dealt legal blow when judge rules City Council can amend his recommended budget

More: Warren mayor, city council go head-to-head in lawsuits, forensic audit

In March, the council filed a lawsuit claiming Fouts illegally instructed staff to transfer hundreds of thousands of dollars into Downtown Development Authority line items — money Fouts had in his 2021-22 recommended budget, but funds the city council cut in its adopted budget for that fiscal year.

Many on the council want to conduct a forensic audit of the DDA and have filed a complaint with the state Department of Treasury.

The most recent lawsuit filed by Fouts asks a circuit court judge to order the city council to pay more than $86,000 to Dorsey Emergency Medical Academy and more than $93,000 to Macomb Community College for training fire cadets.

In October, Fire Commissioner Wilburt "Skip" McAdams requested Fouts' emergency authorization for the city to enter into a contract with Dorsey to provide an EMT class for up to 30 cadets.

McAdams, in a letter, said the department has faced staffing shortages for years and had, at that time, 18 vacancies, costing the city $2.6 million to $3 million in overtime each fiscal year.

He wrote that the cadets who pass could go into the fire academy, and fire recruits would be eligible to be hired as probationary firefighter recruits — assuming the city and the union complete negotiations on modifying the collective bargaining agreement to include the fire recruit program and a more competitive wage and benefit plan.

Fouts said the city council approved the proposed wage increase and contract extension agreement in December. In his lawsuit, he said the payments are obligations the council previously approved.

Council President Pat Green said Thursday he had not seen the May 4 lawsuit, filed May 4.

He said the council recently asked the administration for additional information about the fire cadet program. The council denied checks for the academy and community college at an April 26 meeting because they were not budgeted items.

Council Secretary Mindy Moore said at the meeting the fire cadet program was recommended in last year’s budget but denied until a feasible plan was in place and was brought to council for appropriation. She said that never happened.

Moore sent an email to the city controller May 3 requesting more information, including the contracts or resolutions approving the arrangement with the schools, a list of questions about the program and a budget amendment or transfer.

She wrote that the council will not recognize the emergency declaration by Fouts to enter into a contract because it was not in conformity with the purchasing ordinance.

Green said the council had not received a response as of Friday.

In the lawsuit, Fouts said the council's "refusal to pay these obligations is nothing more than juvenile, political gamesmanship with the city administration, is completely irresponsible and is in violation of the resolution and the charter."

He said the safety of the citizens should "not be placed in peril because of a political grudge by an irresponsible city council majority."

Green said he's "not gonna shirk the duties we have" adding "when he keeps saying we're wrong, a judge keeps saying we're right. It's our job to protect the taxpayers."

Contact Christina Hall: chall@freepress.com. Follow her on Twitter: @challreporter.

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This article originally appeared on Detroit Free Press: Macomb Co. executive, Warren mayor appeal rulings in unrelated lawsuits