Warren Mayor Fouts urges Nessel to investigate Michigan courts; critic calls it 'wild'

Warren — Mayor Jim Fouts delivered his final state of the city address on Thursday, calling on Michigan Attorney General Dana Nessel to investigate the decisions of the Michigan State Supreme Court and the state Court of Appeals after he lost a case to remain eligible to run for re-election.

The Michigan State Supreme Court recently denied Fouts' bid to seek re-election for a fifth term. A 2020 amendment to the Warren city charter set a limit of three, four-year terms for the mayor but Fouts had argued that these should not be applied retroactively and not apply to him for this year's election. A three-judge panel of the Court of Appeals ruled that Fouts was not eligible to run for a fifth term in April and the state Supreme Court refused to hear an appeal.

Fouts has said the language of the 2020 amendment was unclear about applying term limits retroactively and argued that allowing it sets a dangerous precedent for future ballot proposals. The city council's lawyer Jeffrey Schroeder, who works for the Bloomfield Hills-based Plunkett Cooney law firm, previously said the ballot language was very clear and stipulated that terms served prior to its passage should be included.

If the state won't investigate, he will request a federal investigation into the Michigan court system, said Fouts, who has served as Warren's mayor since 2007 and was previously on city council for 26 years.

"The questionable decision, without public arguments, leaves the voters at risk that a future legislative body could put forth an unfair proposal," Fouts said at a luncheon hosted by the Area Chamber of Commerce.

Nessel's office couldn't immediately be reached for comment.

Fouts accused the Michigan Court of Appeals, specifically Judge Mark Cavanagh, of being hostile toward him. He also expressed concern about a potential conflict of interest for Judge Cavanagh, whose brother Philip Cavanagh is a senior attorney at the Plunkett Cooney law firm that represented the city council.

"Should Mark Cavanagh have recused himself or at least disclosed that his brother is on the law firm that's arguing the case against Jim Fouts?" Fouts said. "Isn't that a minimum that should be happening?"

A representative for Plunkett Cooney couldn't be immediately reached for comment.

The mayor's "wild accusations" are unfounded and the investigation will never happen, City Council member Jonathan Lafferty said.

"The issue is not with the courts and it never has been. The voters voted nearly 70% in favor of term limits back in November of 2020," Lafferty said. "The fact that the mayor is claiming that the courts took away anybody's right to vote for him is ludicrous."

The mayor also made endorsements for the upcoming election, indicating he is supporting candidate George Dimas, the city’s human resources director, for mayor.

"George, unlike the rest of the opponents running for mayor, you have executive and legislative experience," Fouts said. "I know George will have the action and drive to continue the cause."

Other mayoral candidates are City Council President Patrick Green, Macomb County Commissioner Michelle Nard, Alfonso King, Scott Cameron Stevens and state Rep. Lori Stone.

Green has applauded the state courts' decision, saying they upheld "the will of the Warren residents who voted overwhelmingly for term limits."

The mayor claimed he would help Dimas, if elected, in an unofficial capacity.

Fouts also endorsed Sonja Buffa for city clerk and candidates Adam Sawka, Dave Dwyer, Brittani Tringali, Daniel Bozek, Gary Boike and Donna Kaczor Caumartin for City Council.

"We need a new council. and we need a new day to bring civility back to government," Fouts said.

Fouts listed several projects as unfinished business, including his proposed $170 million downtown development project surrounding city hall, which would have included retail, dining, apartments, a food market and a hotel. The project stalled last year due to disputes between Fouts and the city council. City council critics say there is too much financial uncertainty surrounding the project and the price for Warren taxpayers. Fouts says it would cost Warren residents nothing and the city council stalled the project because they don't like him.

"It would be at no cost to the residential taxpayers of Warren. ... The money would be generated by a bond paid for by the Brownfield Authority," Fouts said. "It'll be a destination place and, ... we have sent over to the city council 40 requests. I've said please vote on it. ... The city council has refused to even put it on the agenda."

Lafferty said the city council did vote to reject the downtown development's proposed financing model, which was the "responsible thing."

"Despite his (Fouts') claims that it would be zero cost, the last time I checked there is no money tree at City Hall," Lafferty said.

A large portion of Fouts' address was dedicated to talking about the City Council, which he repeatedly called "dysfunctional."

Green has previously said "It is sad that the mayor, after all of his tenure in city government, has made a mockery of our laws and forced numerous unnecessary lawsuits that we have won on behalf of our residents."

There have been several lawsuits over the council and Fouts' respective powers in city government and the budget.

In 2021 Fouts submitted his recommended budget to the council, which proceeded to cut $615,000 in spending for contractual services for the Downtown Development Authority (DDA). Fouts vetoed the amended budget but the council overrode the veto and Fouts attempted to fund DDA projects anyway. The council proceeded to hire outside counsel and sue the mayor. The current council initially asked the courts to remove Fouts from the ballot in the upcoming election.

hmackay@detroitnews.com