A Macomb County judge today ruled that two Warren City
Council members can run for re-election though they’ve already served the
maximum 12 years allowed under the city’s voter-approved term limits law.

Macomb County Circuit Judge Diane Druzinski said the idea
that the seven-member council actually consists of two separate offices – and members
can serve three, 4-year terms in each – is “an arguably sound position.” She
decided that veteran Councilmen Cecil St. Pierre and Keith Sadowski can run for
another 4-year term in the upcoming elections.



Druzinski

Relying on a legal opinion delivered under odd circumstances by City Attorney David Griem, the judge accepted the contention
that the council members who serve in districts are running for a separate office from those who run on an at-large basis citywide.

Druzinski dismissed the argument by the plaintiff,
council candidate Lanette Olejniczak, that the council is a unicameral body
and the two categories of councilman never meet or vote separately on any
matters.

The bottom line, Olejniczak said, is that the Warren
voters approved the 1999 term limits charter amendment with the understanding
that it restricted time in city office to 12 years, not 24 years.
Olejniczak

“Apparently 78 percent of the (voters) in Warren don’t
matter anymore,” Olejniczak said outside the courtroom, according to The Macomb
Daily. “It’s a very sad day. It’s very unfortunate the judge decided this way.”

The arguments against keeping St. Pierre and Sadowski on
the ballot outlined in Olejniczak’s lawsuit included:

* The Warren City Charter makes no mention of a “bicameral
legislature” or “separate and distinct” offices of city council, in contrast to
Griem’s opinion.
Griem

* If the court ruled that the city council is comprised of
separate and distinct offices, it would permit a person to serve three 4-year
terms in each of the five council districts, as well as three 4-year terms as
an at-large council member, essentially allowing the possibility that a person
could hold the office of city council for 18 consecutive terms, or 72 years.

* The charter requires a quorum be present at council meetings
but it allows a quorum without any at-large council members present to grant
approval to agenda items.

St. Pierre

In addition, after the city switched from nine at-large
council members to the current seven-member configuration, the charter stated
that the nominating process continues as in the past, with no distinct protocol for filing
as an at-large or district candidate.

What’s more, the charter requires
that on city election ballots “the order of offices on any primary or election
ballot shall be mayor, council, and municipal judges” – again with no
references to separate, distinct council offices.

Sadowski

The
suit had called for a temporary restraining order to give city officials time
to decide whether St. Pierre and Sadowski are ineligible to hold office.
Olejniczak claimed that she would suffer irreparable harm if the two incumbents
were placed on the ballot because it would unfairly diminish her chances of winning
election.

Druzinski ruled that a court decision to keep any
candidates out of the election would unfairly restrict the electorate’s choices
in the August primary and November general election. “Granting of a preliminary
injunction would be highly detrimental to the public,” the judge said,
according to news reports.

Olejniczak’s attorney is Richard Sulaka II, who also
filed as a council candidate, as well as for mayor. He had until the end of the
business day (today) to decide which office he would pursue. The son of former
city clerk Richard Sulaka, the attorney said the judge’s ruling, by backing up
Griem’s opinion, benefits longtime incumbents.

“I can’t speculate on whether it’s a scheme, but clearly
it benefits the people in office,” Sulaka told The Macomb Daily.

Sulaka has said he will appeal the ruling.

 

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