Mayor accused of violating campaign finance law
Fouts: Green ‘dreamt up this charge to benefit himself’
Warren Mayor Jim Fouts was named in a complaint filed Tuesday that accuses him of violating state law by using campaign funds to mail flyers urging residents to vote against an upcoming ballot initiative to limit the number of terms a mayor can serve.
It’s the latest in a series of political disputes between Fouts and members of the Warren City Council, who themayor says want to remove him so one or members can try to ascend to the city’s top elected spot.
“(Council President) Pat Green
is next in line to be the mayor, so he dreamt up this charge to benefit himself,” Fouts said Tuesday night.
Green filed the complaint with the Michigan Bureau of Elections, saying MCL 169.244 (2) prohibits a “candidate committee from making an expenditure or other disbursement to further the nomination or election of the candidate for which is was formed. There are no exceptions in the campaignfinance act allowing for a candidate committee to make an expenditure advocating on behalf of a ballot question.
The complaint asks for an immediate investigation by the Michigan Department of State followed by a referral to the state Attorney General’s Office for review “before additional illegal expenditures are made.”
“The law is clear — campaign dollars can only be used to elect a candidate,” Green said. “If he is spending money to support or oppose a ballot proposal, you can’t do that with the candidate’s campaign funds.”
The move follows the recent mailing to registered voters in Warren of a flyer over the weekend that was paid for by Fouts. It is headlined: “We must say NO! Save our Mayor! Save our City! Stop Corruption.”
It includes a lengthy text authored by the mayor, laying out his argument against the measure.
In the Nov. 3 election, Warren voters will be asked to reduce the number of four-year terms a mayor can serve, from three to five, or 20 to 12 years.
Fouts last fall won his fourth term. If the termlimits initiative is approved, he would be prevented from running for a fifth term in 2023.
The mayor said an interpretation by his own attorney of MCL 169.266 (2) shows he is allowed to use his campaign funds on matters that impact his reelection.
“I have a First Amendment right to communicate with the public,” he said.
“This proposal would eliminate me being nominated for the next election and that’s why it’s a bad proposal. The bottomline is, in order for me to be able to run, I have to oppose this. Pat is trying to censure me.”
Fouts said a recent internal poll found 79% of voters are satisfied with his performance as mayor.
On the other hand, Green said the City Council is working in its oversight role to be sure even themayor is following the law.
“It’s pretty self evident that he will continue to violate the law,” Green said. “As the council president, I am trying to get the mayor to follow the city charter and the law. I have the support of my colleagues to try to keep him accountable.”
Anyone who “knowingly” violates the campaign finance law would be guilty of a misdemeanor punishable by up to 90 days in jail and/or a $1,000 fine, according to the law.