Complaints
publicity to smear Lucido” in his re-election campaign, Perkins says in documents submitted Tuesday to the Ethics Board.
Lucido, a Republican, likely will be opposed in November by Democrat Christina Hines, a Washtenaw County assistant prosecutor who resides in Warren.
“He (Brewer) is a fervent supporter of Christina Hines,” Perkins wrote. “This is the second frivolous complaint he has filed in the last month” and was sent to “138 news reporters and media outlets to stir up smear publicity.”
Brewer is the former Michigan Democratic chair and has contributed $2,100 to Hines’ campaign.
Perkins says the complaint should be dismissed by the board because it does not violate the Ethics Ordinance, which he said mirrors the Michigan Campaign Finance Act. The state law says “public assets or resources cannot be used to make a ‘contribution’ or ‘expenditure’ that has ‘ascertainable monetary value’ in support of a candidate campaign or ballot initiating,” according to Perkins.
The photo was taken by Lucido’s daughter, who used her own camera, on her father’s first day in office, Perkins says.
“She took this picture as a memento of her pride that her father had been elected to protect and serve the people of Macomb County,” Perkins wrote. “She did not take the picture for campaign purposes; rather, she took it for personal use.
“The creation of the photo did not involve the use of Macomb County Prosecutor’s Office personnel or equipment, and the photo was not taken, nor possessed, by a Macomb County ‘public servant.’ … There was no cost to Macomb County taxpayers.
“It is Prosecutor Lucido’s sincere hope that the Macomb County Ethics Board will summarily dismiss Mr. Brewer’s apparent effort to inject this public body in the partisan politics of Macomb County because the complaint fails to state a claim recognized under the Ethics Ordinance.”
Perkins also argues the First Amendment right to free speech allows for the photo.
He also points to other instances in Macomb County and Michigan in which public officials have used photos of themselves on county property or other public spaces for their campaigns.
He provides copies of photographs of County Executive Mark Hackel in the lobby of the county Administration Building, county Treasurer Larry Rocca in his office and Attorney General Dana Nessel in state offices
that were used for their campaigns.
Also provided are copies of photos of Hines in or outside of Macomb County government buildings that she has used for her campaign.
Perkins also responded Feb. 27 to the initial complaint filed Feb. 12 by Brewer, calling it a “political attack.”
“The Macomb County Ethics Board is not a forum for political attacks,” Perkins says.
He turns the table on Brewer by noting the $500,000 fine levied against Michigan Democrats in 2017 for bingo games that were run under his leadership from 1995 to 2013.
“In that case, he complained about being denied due process, but he is now doing exactly the same by distributing the political attack
to 138 email addresses of news organizations prior to a meeting where the target would have an opportunity to be heard,” Perkins says.
Perkins also provides a sworn affidavit of former Sterling Heights council candidate Paul Manni in support of Lucido that he was unaware a photograph of them in the prosecutor’s office would be used in campaign literature. Manni says he did not tell Lucido he would use photos of them in June 2021 at the prosecutor’s office for his campaign for Sterling Heights City Council in fall 2021.
Manni used the photos in two pieces of literature. Lucido endorsed Manni.
Brewer alleges Lucido violated the county ethics ordinance by allowing Manni to
use “county property, buildings or offices to create photographs for political campaign purposes.” Lucido is accused of violating “political activities” sections of the ordinance, Brewer says.
In an unrelated matter, Manni last fall pleaded guilty to three counts of false statement in an application for an absentee ballot for submitting absentee ballots in October 2021 that he indicated were for certain individuals but were not. He was sentenced in December to a $1,500 fine and $475 in costs by Macomb Circuit Court Judge Edward Servitto.
Perkins also argues the board should dismiss the complaint because elected officials often have their photographs taken and have no control over their use.
“This case risks a slippery slope” that if the board finds fault in this case, it will be inundated with similar complaints.
“This case risks politicizing the important work of the Ethics Board, it risks encouraging more frivolous complaints, and it risks reducing the public’s trust in this important institution,” he says. “The board should not allow itself to be used as a pawn in this baseless political attack.”
Perkins also points out Manni used a photograph of himself with county Sheriff Anthony Wickersham in full uniform accompanied by his endorsement, but that Brewer didn’t file a complaint against the sheriff because he is a Democrat.
In his response to Lucido’s claims, Brewer said in a written statement: “The complaints are about enforcing the rule of law and holding Lucido accountable for his clear, repeated violations of the Charter which are particularly egregious given that a prosecutor should know the law and obey it. The voters are entitled to know about his illegal conduct before they decide whether to re-elect him. Finally, the complaints have merit because the Ordinance clearly forbids the use of county offices for political campaigns.”