WARREN, Mich. – City council said Warren Mayor Jim Fouts has been spending money without their approval and a judge has told him to stop.
Council members took Fouts to court and won an injunction. One of the expenditures in question was a costly image campaign for the City of Warren, starring the mayor himself.
This is the latest clash between Fouts and the city council. The council accused the mayor of spending money that wasn’t approved.
According to court documents filed in Macomb County, the council is accusing Fouts of operating on his own unapproved budget and spending nearly $675,000, Including $615,000 on commercials for the city that starred the mayor.
The council is also concerned that there may be other kinds of unauthorized spending. Last week city newsletters were sent to every Warren home. The council says the mayor hasn’t said how much that cost.
Warren City Council President Pat Green called Fouts, “a rogue mayor” and talked to Local 4 News on Thursday (March 31) afternoon.
“You can’t spend money that hasn’t been appropriated, and why we had to sit there and ask them to stop so many times is baffling,” Green said.
Fouts released the following statement:
“I respectfully disagree with the judge’s ruling, but I am grateful for how fast he made it. My team has a city to run, and we need answers. Practically speaking, the decision will freeze spending for the DDA; although that is inconvenient, it is probably best, until we have a final decision on how to view the budget. Because I continue to believe that no branch of government rules supreme, I want to test today’s ruling on appeal.
Important to note that Plante Moran a gold standard of auditors approved the DDA Audit and was received and filed by the council earlier this year.
I believe that the district court ruling was based upon an unpublished case; Zalenko (small city) which did not delineate clear duties of the mayor and council, and not the more recognized published ruling case Stecher. Stecher deals with the city of Detroit and a large city, and honors the separation of powers between a mayor and council.
The Warren charter requires a step-by-step procedure in which both branches of government must work in a cooperative and collaborative way. Courts give more credence to published case rather an unpublished case.
I believe that no branch of government at any level is supreme. In a democracy, one branch of government cannot issue unilateral decisions regarding the budget or any other major issues.
The city charter of Warren requires the council to work with mayor in a collaborative and cooperative way. The charter requires the council and mayor to follow a step-by-step process. If there is an impasse, the Charter requires the final decision to be the Mayor’s budget. The writers of the city charter recognized that the final tiebreaker rests with the full-time mayor, not a part-time council.
I must make day-to-day decisions important to the health, safety, and welfare of the citizens of Warren. The city council does not have that responsibility. The founders recognized this and that is why the mayor, not the council, holds the final authority.
Today, I had an important decision to make regarding a major windstorm that required important responses and directions to the police and Citizen’s Emergency Response Team (CERT). Every day I am charged with the responsibility of dealing with roads, major storms, various emergency issues, as well as, police and fire response. This is not a responsibility of the part-time council, but responsibility of a full-time mayor.
Thus, I look forward to a judicial review of this preliminary decision by the Court of Appeals.”
Mayor Fouts