Wayne County Circuit Court Judge Susan Borman has rendered her decision in several cases involving five Taylor City Council members and the mayor of Taylor.
At a session held on Feb. 5, 2010, Judge Borman ruled that the mayor did not have the right to ignore a resolution duly passed by the Taylor City Council, and that the mayor had no right to unilaterally fire the City Council’s confidential secretary. Her honor also determined the City Council may rehire the confidential secretary, and that the mayor shall not interfere in said rehiring.
In a second case heard at the same session, Judge Borman ruled the mayor had the right to fire Taylor’s corporation counsel. Five members of the council originally contested the firing of the corporation counsel based upon wording found in the Taylor city charter.
Her honor further ruled the mayor has the right to name a new corporation counsel subject to the City Council’s approval and consent, as provided in the charter. Judge Borman then laid out a mechanism for the selection of a mutually agreed upon replacement for the fired attorney. The mayor must present the names of corporation counsel candidates to the City Council until they approve and consent to a candidate or firm. Longtime Taylor Judge Anthony Nicita (retired) agreed to assist in these deliberations.
The ruling regarding the firing of the corporation counsel denied the mayor’s assertion that he could appoint a new city attorney without City Council approval. Finally, the decision rejected the mayor’s contention that he could hire an interim attorney without City Council concurrence.
Refusal to implement Judge Borman’s ruling will only serve to prolong the negative publicity Taylor neither deserves nor can afford and will add to the financial problems the city already faces. Any legal expenses incurred in these matters following Feb. 5, 2010, will be the direct responsibility of the party that fails to abide by Judge Borman’s determinations.
I speak only for myself, but as a sitting member of the Taylor City Council, I am prepared to fully abide by the rulings handed down by Judge Borman and anticipate that all involved parties will follow suit in the best interests of the city of Taylor.
John E. Delo
Taylor City Councilman