Lawsuit threatened relating to business water write-off
By ZEINAB NAJM
Times-Herald Newspapers
HEIGHTS — The City Council agreed to receive, note and file an opinion letter by Corporation Counsel Gary Miotke regarding concerns related to certain actions by City Council Chairwoman Denise Malinowski-Maxwell.
His opinion was that Malinowski-Maxwell’s actions violated the city charter and some of her actions may have violated the charter or another legal duty.
The first item that said Malinowski-Maxwell violated the charter was directing a city employee to change the locks for the council chambers and conference room.
“By directing a city employee to change the locks, the council chair infringed on the mayor’s executive and administrative powers over employees under the charter” the letter read.
Next was that Malinowski-Maxwell insisted on holding in-person meetings despite the local state of emergency that was extended by the city council.
Actions that might have violated the charter was that Malinowski-Maxwell allegedly engaged in direct negotiations with GFL and another potential city contractor. The other two actions were causing chaos and disseminating false or misleading information to residents and lack of information and other concerns.
Miotke emailed the letter dated Aug. 1 to council members, the city clerk, chief of staff and the human resources director.
During the Aug. 10 council meeting, Malinowski-Maxwell and Councilman Zouher Abdel-Hak were the only two to vote no on the motion to receive, note and file the letter after a lengthy discussion. Councilman Tom Wencel left the meeting during the discussion and did not vote.
Mayor Bill Bazzi said he wanted to speak on the letter because he received calls from residents with concerns.
He said he tried to schedule a closed session because of the letter to discuss personnel issues but that was denied. Also, his chief of staff requested it and also was denied.
Malinowski-Maxwell asked that the letter for the closed session request be submitted with a signature, which Bazzi did but was also denied. This led to the opinion being placed on the Aug. 10 meeting agenda.
Bazzi said it was distributing to him and the administration that locks were changed in the conference room and city council chambers.
“In the height of the COVID-19 and cases in Wayne County, I wanted to make sure when we have people coming into the city to have a meeting in bigger room instead of office so we can social distance,” he said. “I was surprised when I came into a meeting with a company to discuss several things and the room council uses and other conference room the locks were changed.”
In response, Malinowski-Maxwell said that the locks were supposed to be changed July 6, but they were changed over the holiday weekend without her knowledge.
She said the council chamber lock had not been changed in over 30 years and it is unknown who still possesses a key to access the room. The city currently is renovating the chambers and adding equipment for approved upgrades, which Malinowski-Maxwell said was the reason for the lock change.
“We’re putting a lot of equipment in there,” she said. “This was an attempt to secure the actual studio itself in regards to everyone going in and out.”
Malinowski-Maxwell also addressed the GFL concerns saying she did not have negotiations with the company, but did say they had called her and she spoke with them.
Miotke said there should be a study session with regards to the letter and a number of other questions that should be discussed. When asked what the point of the letter was, he said, “It was to deal with the idea that things are not being handled appropriately in terms of the way, respectfully, (Malinowski Maxwell) chaired things — handled your power.”
At the same meeting, Bazzi said he did not want to speak about a potential lawsuit about a $30,000 water bill that involves a local business accused of stealing water. He also requested a closed session to discuss the topic.
Malinowski-Maxwell said she did not know of a lawsuit and read a statement.
She said she is investigating whether Bazzi has been writing off water bills for supporters of his mayoral campaign.
“There are legitimate questions about the water bills and owes it to the residents to investigate,” the statement said.
Her attorney has requested an accounting of Bazzi’s water bill write-offs as she directed him to do so rather than doing it herself, because Bazzi had threatened litigation in a July 29 email.
“Malinowski notes that one of Bazzi’s large financial supporters has threatened to sue her because she has questioned Bazzi’s write down of the supporter’s water bill,” the statement read.
The email to Miotke from Bazzi says one of his concerns is that Malinowski-Maxwell is “using the Bellagio water bill to discredit my administration (she could have called you or me to explain the bill instead she is exposing the city to a lawsuit and a flood gate to everyone to contest their high water bill).”
No discussion on if a lawsuit has been filed officially was mentioned at the meeting.
(Zeinab Najm can be reached at [email protected].)