Flint, MI—A court-ordered mediator has been assigned to work with Flint City Council regarding a complaint filed by the Flint Ethics and Accountability Board (EAB).
On Dec. 11, 2024, 7th Judicial Circuit Court Judge Elizabeth A. Kelly decided that 7th Judicial Circuit Court Judge Celeste Bell would serve as “special master” or mediator in hopes of bridging the divide with a split City Council.
All parties must agree upon a schedule with the mediator by Jan. 6, 2025; otherwise, Kelly will set a date. In the meantime, the council can continue to conduct city business.
The EAB filed a complaint with the Genesee County Circuit Court on Dec. 2, 2024, requesting the Court to compel City Council to fill the empty Third Ward Council Seat.
The seat has been vacant since Sept. 29, 2024, after Third Ward Flint Councilman Quincy Murphy died. The Flint City Charter requires the council to appoint someone to fill this seat within 30 days.
“I don’t believe that the EAB complied with its own Charter obligations,” said Attorney Barry Wolf, who is representing Flint City Council President Ladel Lewis, Vice President Candice Mushatt, Judy Priestly, and Leon El-Alamin.
City Council members Tonya Burns, Jonathan Jarrett, Dennis Pfeiffer, and Jerri Winfrey-Carter are being represented by Attorney Michael Gildner.
Flint City Councilman Dennis Pfeiffer was absent for the proceedings. Gildner took responsibility for Pfeiffer’s absence, saying there were no extraordinary circumstances, but he added that he told Pfeiffer his presence wasn’t necessary at the Dec. 11 hearing.
The Flint City Council has been split on who should serve as president and vice president. According to the Flint City Charter, the president and vice president’s terms are 12 months. Some members say the council can’t move forward with city business until the new officers are in place.
“This is the first time in Flint’s history that the Flint City Charter has not been in alignment with the Flint City Council rules,” said Burns in a November interview with Flint Beat regarding an effort to recall her. “The city charter states very clearly: 12 months [for the term of president and vice president]…What they did by voting in council rule 3.1 was they figured a way to circumvent the Flint City Charter with a loophole to keep them in those seats.”
Both lawyers argued that the powers of the Flint Ethics and Accountability Board, stated in Section 3-504 of the Flint City Charter, indicates the EAB must hold an investigation before seeking court action for a charter violation.
According to Kelly, the language does not clearly state that investigative action must precede filing a complaint. After considering the initial complaint and what had been presented, Kelly said that due to the “plain language of the charter that allows them to do so,” it was appropriate of the EAB to bring this complaint to court.
“I don’t think it’s for lack of trying,” said Kelly, who referenced hundreds of rounds of voting, none of which yielded the intended result: the selection of a new president and vice president of the Flint City Council.
“It’s just clearly an impasse…genuine efforts have been made and that just makes it more clear to me the need to have this court intervention.”