FLINT, MI -- The City Council had the right to remove 1st Ward Councilman Eric Mays as its president when it took the action four months ago, a Genesee Circuit Court judge has ruled.
Judge Celeste D. Bell granted the council’s motion for summary disposition of a lawsuit filed by Mays in a four-page order on Friday, Aug. 19.
The lawsuit alleged the council violated the city charter in removing Mays as president without a public hearing and of violating the Open Meetings Act for preventing him from calling meetings to order and presiding over them.
Although Mays said Friday that he will appeal the ruling, Bell’s decision could clear the way for the election of a new council president -- a leadership position that’s been vacant since he was removed from the post in April.
Council members could also wait until an annual organizational meeting in November to fill the position.
“This Court agrees that the Charter must be construed to provide the Council with the maximum authority to govern its own affairs,” Bell’s order says in part. “If it is the will of the Council to remove (Mays) from his position as presiding officer this Court is not authorized to interfere on any ground alleged in the present complaint.”
Mays, the council’s longest-serving and most outspoken member, was removed as president in a 6-0 vote after five raucous months in the position. He has remained a member of the council, representing the northwestern-most corner of the city, and in August finished third among three candidates in the primary election for mayor.
At the April meeting in which he was removed, Mays exited the council chambers after attempting to adjourn the meeting before the vote to remove him could take place. 6th Ward Councilwoman Tonya Burns abstained from the vote and 5th Ward Councilwoman Jerri Winfrey-Carter and Mays were absent when the vote was taken.
“I guarantee we are going to appeal it,” Mays said of Bell’s order. “We feel very firm in our position it was dismissed prematurely.”
MLive-The Flint Journal could not immediately reach Mayor Sheldon Neeley or council Vice President Allie Herkenroder for comment on the case on Friday.
Herkenroder has acted as president since the vote to remove Mays, but a follow-up vote to appoint her to the position fell short in April.
Mays is known for his extensive use of council rules, for extended comments on city business during meetings, and for running feuds with other members of the council.
In July, three top officials in City Hall filed verbal abuse and bullying complaints against the council and in one complaint, Chief Financial Officer Robert Widigan singled out Mays for “abuse, harassment, intimidation, slander and lies.”
Mays has said department heads and managers for the city “need to stop whining” about his questioning of them during council meetings.
In March, Mays was censured by other council members, who singled him out for lack of decorum during a meeting, accusing him of berating City Clerk Inez Brown, City Administrator Clyde Edwards, and other members of the council.
Read more at The Flint Journal:
Mays gets the boot as Flint City Council president after 5 months on the job
Concerned Pastors ask for removal of 3 road commissioners
Flint firefighters issued all-clear at fatal house fire, but kids were still inside
Ad Choices