Dearborn Heights City Treasurer Lisa Hicks-Clayton (left) addresses the City Council during the Aug. 27 council meeting.
By SUE SUCHYTA
Times-Herald Newspapers
HEIGHTS – The City Council granted City Treasurer Lisa Hicks-Clayton’s request for separate legal counsel Aug. 27, within specified expenditure parameters, following allegations made against her and the treasurer’s office.
City Council President Mo Baydoun said there were accusations of missing money, for an amount of which he did not know, and there was an investigation by the Police Department and the Bureau of Alcohol, Tobacco and Firearms, and Police Internal Affairs Director Paul Vanderplow.
Baydoun said Hicks-Clayton and another member of her department consented to polygraph tests.
“I received a photo from the mayor saying, ‘Treasurer, why are you leaving the safe open with money?’ and the treasurer said, ‘I wasn’t even there,’” Baydoun said.
He said Hicks-Clayton told him that only she and one other person have access to the safe in the treasurer’s office.
City Councilmember Hassan Saab reiterated that Hicks-Clayton has not been charged with anything.
They council approved $5,000, at a rate of $200 per hour, to defend Hicks-Clayton only within her capacity as the city treasurer. The motion passed, with Councilmember Robert Constan, who is an attorney, casting the only opposing vote.
The allegations against Hicks-Clayton came from within the city administration.
Police Chief Kevin Swope said he did not initiate the investigation.
Hicks-Clayton was given a lie detector test at the Dearborn Heights police station following allegations of wrongdoing, which was administered by an official from the ATF, which is under the Department of Justice.
City Attorney Roger Farinha said Swope told him that a Dearborn Heights lieutenant from the detective bureau was present during the lie detector test.
Hicks-Clayton has maintained her innocence throughout, and said she was on medical leave during some of the time the alleged improprieties occurred.
Baydoun and Saab indicated their support for Hicks-Clayton’s request, but were concerned with the suggested attorney’s hourly rate, which prompted the council to put a financial cap on the legal services they authorized.
Baydoun said in the past, when City Clerk Lynne Senia was subpoenaed, the City Council approved a fixed dollar amount, not a specific hourly rate.
Baydoun said the city treasurer did not feel she could approach Farinha about the matter.
Baydoun said Hicks-Clayton should have had legal representation before she was faced with a polygraph test.
Farinha said he was unaware of the allegations and the lie detector test until after-the-fact, when it was brought to his attention.
He said it was premature to set money aside for the treasurer’s legal defense when she has not yet been charged.
“It’s premature, and we don’t know what we are setting this money aside for,” Farinha said. “If a criminal complaint is issued or charged, in an individual capacity, then that would prevent us from representing her and we would be doing a disservice against ourselves.”
He said it would be in violation of the city charter to approve legal counsel for the city treasurer at this time.
Farinha said he has talked to Police Department investigators, looked at materials and videotapes, “the cash in the safe unlocked,” all the documentation of the fiduciary protections for the codes for the safes, and has talked to individuals in the city treasurer’s office.
He said he had not talked to Hicks-Clayton because there was an open criminal investigation, as conveyed to him by the chief of police.
Farinha said the investigation has now been forwarded to the Michigan State Police.
Hicks-Clayton said that during her 13 years of service to the city, which include nine years on the City Council and four years in the treasurer’s office, she hasn’t needed to use legal counsel in her capacity with the city.
“I think being proactive is very important,” she said. “I want to be protected, and I have a right to that in the capacity of this job and this elected position.”
Hicks-Clayton said she wanted to make it part of the public record that she hopes she does not have to use the city money set aside for legal counsel for her.