WARREN, Mich. (WXYZ) — After 16 years in office, and several attempts to change the city’s term limits rules, Warren Mayor Jim Fouts’ mayoral career is coming to a close.
The Michigan Supreme Court refused to hear an appeal, upholding a Court of Appeals ruling that Fouts cannot be on the ballot.
Now the long-time Warren Mayor is touting his accomplishments in the city and also alleging Michigan’s courts need reform. Fouts also suggested – without proof – there’s possible corruption among judges in Michigan. He even alleged the state's higher courts are manipulating the election process.
“Rather than manipulate the election process, let the people decide. If the people don’t like Jim Fouts – out he goes,” said Fouts during a press conference Wednesday.
But back in 2020, the people of Warren did make a decision: they decided to impose term limits on all elected officials in Michigan’s third-largest city, including Fouts.
Nearly 68% of Warren voters passed a change to the city charter that only allows city leaders to serve 3 terms in office. At the time, Fouts was in the middle of his fourth term. He later tried to argue the Charter amendment did not apply to him.
“I’m going to continue to speak out for citizens of Warren,” said Fouts.
Despite the term limits, Fouts decided to run again, so the Warren City Council took the issue to court.
Macomb County Circuit Court Judge Joseph Toia said the ballot language that had been decided three years ago was unclear, and ruled Fouts could be on the ballot. The Court of Appeals overturned Judge Toia’s decision in a 3-0 published opinion. Judges Mark J. Cavanagh, Elizabeth L. Gleicher, and Colleen A. O’Brien wrote “…the charter language is unambiguous…” and said that Fouts “therefore is ineligible to be certified as a candidate for mayor in light of the clear charter language.”
The judges also wrote, “the circuit court, therefore, abused its discretion…” and ordered the city clerk to remove Fouts’ name from the ballot.
Lawyers for the city’s election commission and the clerk tried to appeal that decision to the Michigan Supreme Court. On Wednesday, they refused to take up the case, officially ending Fouts’ legal fight and his campaign.
“Macomb County Circuit Judge Toia got it right, unfortunately, the Court of Appeals didn’t – and the Supreme Court just said – aww, we don’t want to hear it,” said Fouts at his press conference. “I was told you can’t criticize them because they are like God- that’s why they wear the robe. But I wonder if somehow somebody didn’t meet with some of these judges, maybe over coffee – maybe over a Coca-Cola, if someone didn’t change their mind. I don’t know,” said Fouts.
“Based on some of your statements, are you suggesting the Court of Appeals and the Supreme Court of this state are corrupt,” asked 7 Investigator Heather Catallo.
“No. I’m saying I don’t know. All I know is they made a decision which didn’t make sense and I know in the state of Michigan it’s very common for judges to be wined and dined by law firms,” said Fouts, although he offered no proof of the alleged wining and dining.
Fouts even called out by name one of the judges who oversaw the term limits case when he called for reforms in Michigan courts.
“A good example is Mr. Cavanagh, he got elected in the 1980s, he’s still on the court. Mr. Cavanagh feels I need term limits. Okay, I’m for that Mr. Cavanagh, it’s time that you go too. You’ve been here for nearly 3 decades, you and some of your other judge friends around here should go,” said Fouts.
City employees and city vendors did recently do some alleged “wining and dining” at political fundraisers though.
Fouts recently held two fundraisers, including one that took place even after the Court of Appeals ordered him off the ballot. Dozens of city officials attended the events that cost anywhere from $125 to $1000 to attend.
“What will you do with your campaign contributions that you accepted at your two fundraisers so far,” asked Catallo.
“Uh, I don’t know – I may try to see if I can help other people. We’ll see. I don’t know. I’d have to check the law I have no idea,” said Fouts.
Fouts filled Wednesday’s press conference at city hall with supporters, who frequently applauded when Fouts praised his diversity hires in the city and his alleged cost-saving measures for taxpayers.
“I regret the fact that our mayor cannot run again because he’s done an excellent job here,” said Fouts supporter Mary Ellen Renaud. “He’s visionary and he has a plan to make Warren a great city and to keep improving it.”
But others like City Council member Garry Watts say they were barred from attending, and city workers were used to guard the doors.
“I proceeded to the police department and made a police report because I was denied access to a meeting on city property that was obviously closed when it should have been open,” said Watts.
Fouts repeatedly blamed the city council for the term limits charter change. Warren City Council President Patrick Green – who is also running for mayor – says the voters asked them to put the term limits on the ballot.
“For Warren residents, 68% of them passed term limits a few years ago, this is putting us on the cusp of a change, we are now at the point where Warren will have new leadership in November. We’re going to take the city and move it forward in a positive manner. We’ll take all the great things Mayor Fouts did over the years and we’re going to build on that,” said Green.
Fouts stopped short of endorsing a candidate, acknowledging he could not legally do that from city hall. But he did make a very clear point to mention his HR director, George Dimas, who was in the room today and happens to be one of the six candidates for Warren mayor.
Fouts says he’ll be making other endorsements soon and will stay active in Warren politics, but now it will have to be from the sidelines.
If you have a story for Heather, please email her at hcatallo@wxyz.com.