Warren Mayor Jim Fouts has always been tight-lipped about his private life, and he’s typically reluctant to reveal his age.
Now, a local attorney, suspicious that the mayor is lying about his age (which fluctuates between 67 and 69) has filed a lawsuit claiming that the city is hiding the truth.
Clinton Township-based attorney Arthur Garton filed a Freedom of Information request with the city, seeking basic election documents that include a candidate’s date of birth. But the FOIA response from the city blacked-out Fouts’ birth date, address and phone number for “privacy and security” reasons.
Garton calls that a FOIA violation and filed suit.
State voter records show that Fouts, a retired teacher, was born in 1944. But Michigan Department of Education teacher certification records show his year of birth as 1942.
Macomb Daily reporter Norb Franz points out that this little dust-up, like all controversies in Warren, is related to politics.
Franz reports that Garton just happens to be a
partner in Warren Councilwoman Kathy Vogt’s law firm. Vogt, of course, has filed to run against Fouts for mayor in the fall.
is suing the city, accusing officials of violating the state Freedom of Information Act for withholding personal details about Mayor James Fouts in requested documents.
In a lawsuit filed in Macomb County Circuit Court, Clinton Township-based attorney Arthur Garton claims the city lacked authority to redact Fouts’ birth date, address and phone number on copies of candidate affidavits.
“The city’s refusal to comply with the FOIA request in a meaningful manner is a violation of the Freedom of Information (law) and is in direct contravention of the mayor’s touted transparency in his administration,” Garton said in a press release.
Garton, a resident of Shelby Township, requested copies of all “affidavits of identity” filed by Fouts since 1978. He also claims the city failed to respond to his FOIA request, received by the city on Feb. 14, in a timely fashion as required by law.
In the city’s response to Garton’s request, Assistant City Attorney Ronald Papandrea provided the affidavits from 2003 — Fouts’ last term on the City Council –- and 2007. But the mayor’s birth date, address and phone number were redacted “for privacy and security reasons,” Papandrea wrote. Papandrea said the same information is contained in voter registration records but that portion cannot be disclosed by government clerks.
Asked to respond to the lawsuit, Fouts told The Macomb Daily he finds it “interesting” that Garton filed the lawsuit because Garton’s law partner, Vogt, has declared her candidacy for mayor this year.
“I find it very interesting that all this would come out just a couple days before the State of the City speech, to change the subject and detract from the speech,” the mayor said.
It’s also worth noting that the candidate affidavits sought by Garton are public information and election officials routinely share them with reporters without any redacting. So, essentially, Fouts wants special treatment.
Fouts has always been an odd duck. Take a look at that ghostly face and take a guess about his age — I would say a contest among the public would produce guesses ranging from 70 to 90.