Tonya Burns files lawsuit against Flint council members over suspension

Flint, MI — Sixth Ward Flint City Councilwoman Tonya Burns filed a lawsuit against her fellow council members on April 10, 2024, in Genesee County’s 7^th Circuit Court after they voted to suspend her from council.

Burns’ attorney, Terry L. Johnson, told Flint Beat on April 15, 2024, that Burns filed the lawsuit against Flint City Council due to their “egregious actions of removing her from her elected seat.”

“It’s our position that the Flint City Council does not have the authority or the power to remove an elected official,” Johnson said. “This action … has disenfranchised the residents of the 6^th district. They have no representation, no vote, and no voice to be heard because of the illegal actions of the Flint City Council.”

Johnson said that under Michigan law, there are only two ways to remove an elected official: removal from the governor, such as Gretchen Whitmer, or through a recall petition from the citizens. 

“Their punishment cannot be contrary to state law,” Johnson said. 

Johnson said the lawsuit asks Judge David Newblatt to reinstate Burns and take action to prevent something like this from happening again. 

“Flint is the only city that I am aware of that will remove elected officials because they disagree with them,” Johnson said. 

He explained other ways to punish council members, such as censures and removal from committees. 

“But to disenfranchise an entire block of residents because the city council is power hungry and refuses to be reigned in is nothing short of egregious behavior,” Johnson stated. 

Council members voted 5-0 on a March 25, 2024, resolution to suspend Burns for 30 days for “behavior unbecoming of a council member.” It said she violated the council’s rules of decorum and used her social media platforms to speak to the motives of other members. 

Burns maintains she was removed in retaliation for speaking out about other council members’ actions, such as President Ladel Lewis accepting $1,500 from Ashley Capital to the Sarvis Park Neighborhood Association, which she founded, and then approving a tax break for Ashley Capital. 

In an August 2023 Governmental Operations Committee meeting, Burns opposed the move, saying, “This should have been disclosed. I’m transparent; I don’t do business that way … Tonya Burns is not taking anything.”

“I did see this coming,” Burns told Flint Beat of her current suspension on April 15, 2024. “This is a form of retribution and retaliation.”

Meanwhile, Lewis emailed Flint Beat on April 15, 2024, to say that council members’ priority should be the “efficient and effective completion of city business in service of the residents of Flint.”

“Unfortunately, this is the second time our colleague has wasted taxpayer dollars on frivolous lawsuits,” Lewis stated. “We are looking forward to justice being served and order being restored to our legislative body.”