WARREN, Mich. – Warren Mayor Jim Fouts is allowed to run for a fifth term even though voters approved term limits for city officials.
UPDATE: Appeals court: Warren Mayor Fouts can’t run for office again in 2023
A charter amendment voters approved in 2020 makes it so city officials can only serve for three four-year terms. The vote to approve term limits came down near the beginning of Fouts’ fourth term.
City councilmembers said Fouts can’t run again, but Fouts argued that he had been grandfathered in. A recent opinion issued by Macomb County judge Joseph Toia sided with Fouts.
In the opinion, Toia said confusion is based on the fact that “any terms or years served prior to this amendment are included” language was in the ballot’s caption but was not included in the “Proposal” section on the ballot or in the amended Charter.
“In this case, there is no specific language in the Charter indicating that prior years served are counted towards the amended term limits,” Toia stated.
The Warren City Council said it would be appealing the ruling, “The voters knew exactly what they were doing when they voted for term limits. We will seek reversal of today’s decision from the Court of Appeals.”
“Yes, the city council is appealing. In November 2020, 68% of Warren voters approved equal term limits for all offices and the ballot language stated 'any terms or years served prior to this amendment are included.' The voters knew exactly what they were doing when they voted for term limits. We will seek reversal of today’s decision from the Court of Appeals just like we did in 2020 when the city clerk and circuit court refused to put the term limit question on the ballot.”
Attorney for Warren City Council
Fouts called the lawsuit “frivolous” and said the ruling was “not a victory for me, it was a victory for the residents of Warren and the rule of law.”
“Today Macomb County Circuit Court Judge Joseph Toia upheld a ruling by the city election commission that the charter allows me to seek another term and threw out another frivolous lawsuit by the Warren City Council.
Today’s ruling by Judge Toia was not a victory for me, it was a victory for the residents of Warren and the rule of law. This ruling ensures that the voters will have a choice. A choice improves the outcome of any election. In a democracy choice is essential.
This strong ruling based upon the law allows my administration to continue focusing on the needs of the people of Warren and that includes a new Towne Center that would generate millions of dollars and thousands of jobs without costing a Warren residential taxpayer one dollar. This also includes funding new park improvements including a Skateboard Park and using ARPA funds for various departments to improve the lives of Warren citizens. This will allow Warren to move forward after four (4) years of resistance to any new improvements in service for the good people of Warren.
Elections have consequences, and when impacted by court rulings that dilute voters’ rights, as the 2019 decision did, we end up with the negative consequences like our great city has experienced as a result of this council’s inactions. I’m looking forward to working with a new reformed council who are community leaders focused on protecting and serving our real boss Warren residents, not a council who takes orders from an out of county law firm. My administration continues to be focused on safe streets, great essential services, clean water, a vibrant growing economy, and finally a walkable downtown at no cost to residents.
I enjoy my job and feel the future looks bright for those who want to see Warren move forward! Again, this is a victory for good representative government based upon the needs of the people not the needs of a law firm. City Attorney Ethan Vinson (the city’s first African American City Attorney) will now sit with the council and give them advice based upon what is good for Warren people not what is good for an outside lawfirm!”
Jim Fouts
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