“We don’t have coups in America. We shouldn’t. But this looks a lot like a coup,” Joel Fauson told woodtv.com.
The political battle over the mayoral seat in Muskegon Heights intensified as ousted municipal leader Bonnie McGlothin challenged a city council decision declaring her office vacant, according to reports by woodtv.com and yahoo.com.
Council members voted 4-2 on Monday night to appoint Councilman Andre Williams Jr. as the new mayor. McGlothin, who has served on the city council since 2005, had a mayoral term scheduled to run through the end of 2027.
McGlothin Missed Three Meetings While Undergoing Leukemia Treatment
The dispute centers on Section 2.06(b)(4) of the city charter, which dictates that an elected official forfeits office after missing three consecutive regular meetings without an excuse from the council. McGlothin was absent from sessions held on August 10, August 24, and September 14, as reported by woodtv.com.
Fauson stated that McGlothin has leukemia and missed the August and September gatherings because she was receiving medical treatment or was too incapacitated to attend. He noted that she notified both the mayor pro tem and the city clerk regarding her absences, and even requested to join the sessions via Zoom. The city declined those remote attendance requests.
During the August 24 session, Mayor Pro Tem Kellie Kitchen acknowledged and excused one of the absences on the record, a moment captured on the meeting’s video recording.
“While these meetings are taking place, they're not determining whether something is or is not excused and fast forward now, a couple months later, they're wanting to dictate that she had unexcused absences after the fact when they didn't decide that contemporaneously,” Fauson said.
Legal Counsel Concludes Charter Forfeiture Provision Is Mandatory
City Attorney Te Smith sought guidance from outside legal counsel to interpret the municipal charter. In an October 23 legal opinion addressed to Smith, attorney Nelson Miller concluded that the charter’s forfeiture provision is self-executing and mandatory once three consecutive unexcused absences occur, leaving the council with no discretion.
Smith maintained that position in correspondence with McGlothin’s legal team, writing that the courtroom provides the appropriate forum for resolving the dispute. The city attorney declined a media interview request because he was not authorized to comment further.
During a contentious meeting Monday, the Muskegon Heights City Council appointed a new mayor, despite claims from Mayor Bonnie McGlothin that she has not actually forfeited her seat: https://t.co/bUsABQs10G
Fauson countered that outside counsel lacked essential contextual facts, including McGlothin’s medical condition and the lack of established municipal procedures defining excused absences. He also noted that the city denied a demand for a public hearing under Section 2.07 of the city charter.
“There's something about that that lacks due process, especially in a political environment where there can be competing agendas among members and various biases and what have you,” Fauson said.
Broader Government Turmoil
The mayoral vacancy unfolds against a backdrop of wider administrative upheaval in Muskegon Heights. On June 8, the city council fired Interim City Manager Pearlette Merriweather, and Police Chief Maurice Sain escorted her from the building, according to yahoo.com. Merriweather subsequently filed a lawsuit against the city claiming retaliation.
Next Steps in the Mayoral Challenge
Councilman William Kitchen distributed a memorandum raising legal concerns regarding the validity of Williams’ appointment as mayor. McGlothin and her legal counsel are weighing subsequent judicial actions to contest the forfeiture.
“The courtroom rather than the court of public opinion, provides the appropriate forum for obtaining a binding resolution of these legal questions,” Smith wrote in his letter to the former mayor.
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