By ZEINAB NAJM
Times-Herald Newspapers
HEIGHTS — Mayor Daniel Paletko filed a lawsuit against Council Chairwoman Denise Malinowski-Maxwell for her “illegal and reckless actions.” He is seeking $25,000 in damages.
Also listed the City Council as defendants in the lawsuit.
The counts listed in the lawsuit include violation of the Open Meetings Act, violation of fair and just treatment clause of Michigan constitution, and requests for declaratory and equitable relief based on violations of the city charter.
Paletko claims the council, including Malinowski-Maxwell violated the Open Meetings Act by virtue of its pre-meeting on Sept. 1 because the plaintiff and public were not allowed to attend the pre-meeting meeting and the council made a decision at it within the meaning of the act. He said they violated the Michigan Constitution through their financial investigation a which he called a political witch hunt.
“The defendants have also routinely and continually been violating the act by engaging in ‘round-the-horn” deliberations outside of meetings conducted in compliance with the act,” the lawsuit said. “This has been down to make decisions and/or to circumvent the requirements of the act.”
Allegedly, that same practice has taken place in at least two ways relating to the case. On Nov. 24, the city council did not pass a motion to reappoint Corporation Counsel Gary Miotke for another two years.
“The defendants used private meetings to discuss the scope of the investigation and to formulate plans for the investigation,” the lawsuit read. “Although the defendants have yet to actually make an actual decision on this issue, the defendants used private, ‘round-the-horn’ deliberations to develop the ‘collective’ consensus that Miotke’s re-appointment would not be confirmed as evidenced by Maxwell’s communications related to this issue.”
Paletko also said the council also violated the act by delegating to Malinowski-Maxwell decisions the council should make as a body.
Earlier this year, the council re-affirmed its support for the sub-consultant agreement between Schenk & Bruetsch PLC and Rehmann Robson. A June letter from Rehmann Robson to city council had Mark Kettner is listed with the principal title.
In the resolution, the council requested that Rehmann immediately begin work on the financial review, upon signing its engagement with Schenk & Bruetsch PLC.
Ottenwess, Taweel & Schenk was hired to facilitate the handling of the forensic audit city council was seeking.
“For example, the defendants violated the act where they let Maxwell authorize for the council and for the city as a whole Plante Moran provision to Rehmann of information and documents related to the investigation,” the lawsuit read.
The count relating to violations of the city charter focuses on the controversies between Paletko and the council about the meaning of various provisions with the city charter such that Paletko seeks a declaration of rights and clarification regarding other legal relations between him and the council.
“Plaintiff seeks declarations concerning the following matters and in the following ways: Plaintiff’s retention of special legal counsel; investigation; corporation counsel and assistants corporation counsel; mayor’s participation in city council meetings and city council voting.”
The third count listed in the lawsuit mentions violation of fair and just treatment clause of the Michigan Constitution which guarantees all individuals the right to fair and just treatment in the course of legislative and executive investigations and hearings.
Paletko is claiming the city council and Malinowski-Maxwell violated his right to fair and just treatment in the financial investigation in two ways.
“Substantively, the defendants have violated the plaintiff’s rights in that the investigation was instigated and has been pursued for unfair and unjust reasons and purposes as described previously,” the lawsuit said. “Further, the investigation has otherwise been substantively unfair and unjust.
“Procedurally, the defendants have violated the plaintiff’s rights in that the investigation has been pursued in unfair and unjust ways as described previously. The defendants’ actions have violated the act, the charter and general rules of procedure typical applicable to judicial processes and other quasi-judicial processes. Further, the investigation has otherwise been procedurally unfair and unjust.”
When asked about the lawsuit, Malinowski-Maxwell said, “I have been told I cannot comment because the attorneys have not had a chance to review it yet.”
The lawsuit was filed in the Wayne County Circuit Court Sept. 24.
(Zeinab Najm can be reached at [email protected])