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Steve Myers
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Some current and former City Council members are facing a two-week city ultimatum to pay back thousands of dollars they gave themselves after the end of the state takeover in 2004.
City Attorney Trachelle Young said the city will sue the current and former officials, including City Administrator Peggy R. Cook, if they refuse to make payment arrangements by the deadline.
The move follows last week's state Court of Appeals ruling that upheld a judge's decision that the money must be repaid.
The council voted itself the money to reverse pay cuts imposed by former emergency financial manager Ed Kurtz. State Attorney General Mike Cox later sued, arguing the council violated a state constitutional provision that bars retroactive pay for public officials.
The payments, which total about $185,000 for seven current and former officials, ranged from $15,000-$17,500 in cash and payments of about $9,700 to each member's retirement account.
"It's pretty clear they need to step up to the plate and pay the money back," Young said. "The city has bent over backwards to make sure they had their day in court."
But Loyst Fletcher, an attorney who has represented the current and former officials, said Monday he plans to appeal the case to the state Supreme Court.
"They (the appeals court) made a mistake, so we'll appeal it," Fletcher said.
The officials have argued that Kurtz lacked the authority to cut their pay, and a state law passed during the takeover to give him that power retroactively was unconstitutional.
Some officials have decided to give up the fight. Council President Darryl E. Buchanan said Monday he decided before the appeals court decision to repay the money under a payment plan.
"It's time to end all these lawsuits," Buchanan said. "I'm not talking to another other council persons about what to do, (but) I must lead by example. The circuit court has ruled against us, the appellate court has ruled against us. It's just time to stop."
Ninth Ward Councilman Scott Kincaid said he still believes the council earned the money, but he plans to pay it back after learning about the latest court ruling. Still, he said, he has concerns about the amount, noting that of the approximately $27,000 he received, only about $8,000 was in cash. The rest went toward taxes and a retirement account.
"I don't know what to give them," he said. "I just need the number."
Young said she expects each member to pay back the cash, including taxes, while city officials already have moved to reduce each member's retirement account. She said the current and former members can get the taxes back by filing amended tax returns and contacting the federal government.
In reacting to the appeals court decision, former council member Ed Taylor, who supports an appeal, said he's not worried about the potential debt to the city, noting he plans to sue the city for other money he says the city owes him while he served.
Former council member Johnnie Coleman deferred comment to Fletcher, while former councilman Mark A. Horrigan said he doesn't know what his next move is, but added "I'll do what I have to do." The Journal couldn't reach Cook or 5th Ward Councilwoman Carolyn Sims for comment on Monday.
Rusty Hills, a spokesman for Cox, said Monday the money should be paid back, adding the attorney general was pleased with the decision.
"The court ruling was very definitive - a public body cannot (pay) itself for work that's already been done," he said.
http://www.mlive.com/news/fljournal/index.ssf?/base/news-33/1135097403279760.xml&coll=5 |
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Wed Dec 21, 2005 2:27 pm |
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Ted Jankowski
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| First Kurtz illegally screws the former council. Then the state covers for him. And everybody hops on the Screw the politicians band wagon. When the Politicians that should be paying back to everybody are let go free. Those people in the State and federal Government that keep increasing their wages every year. Then they not only want more of our money but don't believe the people on the local level deserve their paychecks either. And the people of Flint are buying it. LOL. Talk about spin. Take peoples mind off what they in government are doing by stealing money for the weakest in local government. Boy, simple minds are easily swayed. |
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Wed Dec 21, 2005 11:48 pm |
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