Please click link to continue.
www.detnews.com –
DETROIT -- The City Council took its first step Thursday to call for Mayor Kwame Kilpatrick's resignation in the interest of preserving the integrity of city government, while the mayor repeatedly said throughout the day that he had no intention of resigning.
"This is what I was born to do," the mayor said Thursday after visiting a group of senior citizens during his first public appearance since the release of secret documents related to three police whistle-blower cases that cost $8.4 million.
A formal vote by council on a resolution approved by one of its committees could come as early as Tuesday. If the resolution passes, it would seek Kilpatrick's voluntary resignation; if he refuses, the resolution instructs special counsel William Goodman to explore other avenues within the city charter and state law that would allow the council to remove Kilpatrick from office.
"The city has basically been paralyzed since all this information has come out," said Councilwoman Brenda Jones, who supported the resignation resolution passed unanimously by herself, Councilwoman Martha Reeves and Councilman Kwame Kenyatta in council's internal operations committee. "We can't just sit here and act like we are moving forward."
On Wednesday, the Michigan Supreme Court refused to hear an appeal by Kilpatrick, prompting the release of whistle-blower papers that illuminated the lengths to which Kilpatrick went to protect himself from disclosure of text messages he exchanged with then-Chief of Staff Christine Beatty.
The documents show that information about the whistle-blowers' settlement was kept from the City Council when it was asked to sign off on the deal. The agreement also mentions text messages between the mayor and Beatty. Both testified under oath they did not have a relationship outside of work, but the messages show otherwise.
The mayor said he did nothing to mislead the City Council or Detroit residents.
"There was no cover-up," Kilpatrick said Thursday.
He also had no response to council's move to force him out. "I don't want to get into that," he said. "I'm not resigning."
The mayor went on a series of radio interviews to respond to critics.
The mayor told WWJ-AM that he has never committed a crime except for stealing a candy bar as a child.
"I stole a Marathon bar from a convenience store when I was 10 years old. I was caught by the person who got me. And my mother gave a spanking and I put the Marathon bar back. That is the only crime that I've ever committed."
In the national spotlight
But the scandal has attracted national attention, which the council committee noted in its resolution.
"Detroit has received embarrassing coverage nationally and internationally, which has caused the mayor to be absent from his duties for a prolonged period of time and absent from the public," the resolution stated.
On Wednesday, the ex-cops at the center of the whistle-blower lawsuit were featured in an ABC News "Nightline" segment, as were the content of some of the text messages.
The Washington Post last week did a lengthy tome that highlighted the banter between Kilpatrick and Beatty; a New York Times story is on its Web site and planned for the print edition.
And national talk radio hosts spanning the nation have addressed the growing scandal.
At least for some on council, the mayor's antics have become too much.
The proposal goes on to list various complaints of inadequate city services, including slow police response and streetlight outages.
The resolution also blames the mayor for a loss of confidence in the city's legal department.
Next step uncertain
It's unclear how the council's vote may shake out Tuesday.
Council President Kenneth Cockrel Jr. said he doesn't think his colleagues can remove the mayor unless he is convicted of a felony.
Cockrel said if he was in Kilpatrick's place he would resign, but he doesn't think Kilpatrick will step down.
"I think at this point he's dug his heels in pretty well," Cockrel said. Councilwoman Sheila Cockrel said she was undecided. Other members couldn't be reached or declined comment on Thursday.
Kenyatta, who introduced the resolution, called Kilpatrick's efforts to hide the confidentiality agreement and the text messages "skillful trickery."
"The council can no longer drag its feet," Kenyatta said. "I felt compelled to bring this to the table."
Even if the resolution passes, the city charter is vague on what council can do. But if he is convicted of a felony, council can clearly remove him from office.
The council has the power to subpoena witnesses and records and could hold hearings. They've already requested the city's auditor general begin a broad financial audit of the mayor.
William Goodman, the attorney hired last month as council's personal attorney, said the issues have to researched.
"Council has to be patient," Goodman said.
Longtime city employee Jeff Blaine, who helped write the current city charter, said he doesn't see council having the power to get rid of the mayor unless he is convicted of a felony.
"This is definitely an uncharted area," said Blaine, who recently retired after a 30-year career.
Blaine noted that even if the mayor misuses his public office, as the resolution cites as a reason for him to resign, that under city ordinance the normal penalty would be 90 days in jail or $1,000 fine.
He noted there were two previous city mayors who had drawn fire.
Mayor Louis Miriani in the 1960s was indicted for income tax evasion after he left office. And Mayor Charles Bowles served only in 1930 before being recalled.
Governor may hold power
If the City Council finds it difficult to remove Kilpatrick, it may have a surprising alternative: Gov. Jennifer Granholm.
A rarely used state law gives the governor the power to remove city leaders for official misconduct, willful neglect of duty and other offenses.
A version of the law has been on the books for more than a century. But no one knows of a case in which it's been used.
"It's not the sort of thing you'd see quickly or readily employed," said Eric Williams, the city attorney for Big Rapids and a former president of the Michigan Association of Municipal Attorneys.
In January, the Kalamazoo County commissioners asked Granholm to invoke the law and remove the county drain commissioner, who had been convicted of a misdemeanor offense of extortion of a public official. Granholm's office told the commission to have lawyers review the matter.
The law was passed in 1954 and amended in 1982 and says the governor can invoke the removal when "satisfied from sufficient evidence" that the official is guilty of the offense.
Short of a recall or an ouster, Williams said the real world takes care of a wayward politician. They lose clout, support and become less effective. Often they lose in the next election.
"The political system has its own way of reducing the effectiveness ... of public officials," he said.
On Thursday, Granholm's office said it wouldn't speculate on what could happen, but the governor, meeting with officials in Macomb County, indicated the scandal was not beneficial. "None of this is good for the city and the state," she said. "Whatever happens has to happen quickly we need to turn the page." (News - Politics) Views:
"This is what I was born to do," the mayor said Thursday after visiting a group of senior citizens during his first public appearance since the release of secret documents related to three police whistle-blower cases that cost $8.4 million.
A formal vote by council on a resolution approved by one of its committees could come as early as Tuesday. If the resolution passes, it would seek Kilpatrick's voluntary resignation; if he refuses, the resolution instructs special counsel William Goodman to explore other avenues within the city charter and state law that would allow the council to remove Kilpatrick from office.
"The city has basically been paralyzed since all this information has come out," said Councilwoman Brenda Jones, who supported the resignation resolution passed unanimously by herself, Councilwoman Martha Reeves and Councilman Kwame Kenyatta in council's internal operations committee. "We can't just sit here and act like we are moving forward."
On Wednesday, the Michigan Supreme Court refused to hear an appeal by Kilpatrick, prompting the release of whistle-blower papers that illuminated the lengths to which Kilpatrick went to protect himself from disclosure of text messages he exchanged with then-Chief of Staff Christine Beatty.
The documents show that information about the whistle-blowers' settlement was kept from the City Council when it was asked to sign off on the deal. The agreement also mentions text messages between the mayor and Beatty. Both testified under oath they did not have a relationship outside of work, but the messages show otherwise.
The mayor said he did nothing to mislead the City Council or Detroit residents.
"There was no cover-up," Kilpatrick said Thursday.
He also had no response to council's move to force him out. "I don't want to get into that," he said. "I'm not resigning."
The mayor went on a series of radio interviews to respond to critics.
The mayor told WWJ-AM that he has never committed a crime except for stealing a candy bar as a child.
"I stole a Marathon bar from a convenience store when I was 10 years old. I was caught by the person who got me. And my mother gave a spanking and I put the Marathon bar back. That is the only crime that I've ever committed."
In the national spotlight
But the scandal has attracted national attention, which the council committee noted in its resolution.
"Detroit has received embarrassing coverage nationally and internationally, which has caused the mayor to be absent from his duties for a prolonged period of time and absent from the public," the resolution stated.
On Wednesday, the ex-cops at the center of the whistle-blower lawsuit were featured in an ABC News "Nightline" segment, as were the content of some of the text messages.
The Washington Post last week did a lengthy tome that highlighted the banter between Kilpatrick and Beatty; a New York Times story is on its Web site and planned for the print edition.
And national talk radio hosts spanning the nation have addressed the growing scandal.
At least for some on council, the mayor's antics have become too much.
The proposal goes on to list various complaints of inadequate city services, including slow police response and streetlight outages.
The resolution also blames the mayor for a loss of confidence in the city's legal department.
Next step uncertain
It's unclear how the council's vote may shake out Tuesday.
Council President Kenneth Cockrel Jr. said he doesn't think his colleagues can remove the mayor unless he is convicted of a felony.
Cockrel said if he was in Kilpatrick's place he would resign, but he doesn't think Kilpatrick will step down.
"I think at this point he's dug his heels in pretty well," Cockrel said. Councilwoman Sheila Cockrel said she was undecided. Other members couldn't be reached or declined comment on Thursday.
Kenyatta, who introduced the resolution, called Kilpatrick's efforts to hide the confidentiality agreement and the text messages "skillful trickery."
"The council can no longer drag its feet," Kenyatta said. "I felt compelled to bring this to the table."
Even if the resolution passes, the city charter is vague on what council can do. But if he is convicted of a felony, council can clearly remove him from office.
The council has the power to subpoena witnesses and records and could hold hearings. They've already requested the city's auditor general begin a broad financial audit of the mayor.
William Goodman, the attorney hired last month as council's personal attorney, said the issues have to researched.
"Council has to be patient," Goodman said.
Longtime city employee Jeff Blaine, who helped write the current city charter, said he doesn't see council having the power to get rid of the mayor unless he is convicted of a felony.
"This is definitely an uncharted area," said Blaine, who recently retired after a 30-year career.
Blaine noted that even if the mayor misuses his public office, as the resolution cites as a reason for him to resign, that under city ordinance the normal penalty would be 90 days in jail or $1,000 fine.
He noted there were two previous city mayors who had drawn fire.
Mayor Louis Miriani in the 1960s was indicted for income tax evasion after he left office. And Mayor Charles Bowles served only in 1930 before being recalled.
Governor may hold power
If the City Council finds it difficult to remove Kilpatrick, it may have a surprising alternative: Gov. Jennifer Granholm.
A rarely used state law gives the governor the power to remove city leaders for official misconduct, willful neglect of duty and other offenses.
A version of the law has been on the books for more than a century. But no one knows of a case in which it's been used.
"It's not the sort of thing you'd see quickly or readily employed," said Eric Williams, the city attorney for Big Rapids and a former president of the Michigan Association of Municipal Attorneys.
In January, the Kalamazoo County commissioners asked Granholm to invoke the law and remove the county drain commissioner, who had been convicted of a misdemeanor offense of extortion of a public official. Granholm's office told the commission to have lawyers review the matter.
The law was passed in 1954 and amended in 1982 and says the governor can invoke the removal when "satisfied from sufficient evidence" that the official is guilty of the offense.
Short of a recall or an ouster, Williams said the real world takes care of a wayward politician. They lose clout, support and become less effective. Often they lose in the next election.
"The political system has its own way of reducing the effectiveness ... of public officials," he said.
On Thursday, Granholm's office said it wouldn't speculate on what could happen, but the governor, meeting with officials in Macomb County, indicated the scandal was not beneficial. "None of this is good for the city and the state," she said. "Whatever happens has to happen quickly we need to turn the page." (News - Politics) Views:
Comments