Judge: Warren Mayor Jim Fouts can run for a fifth term

Warren Mayor James Fouts is allowed to run for a fifth term despite a 2020 voter-approved charter amendment that limits mayors to serving three, four-year terms, according to an opinion issued Thursday by Judge Joseph Toia of Macomb County Circuit Court.

Fouts announced he was running for reelection in Michigan's third most populous city in February. The Warren City Council questioned the legality of the move, with Councilman Ronald Papandrea and the council filing a lawsuit to challenge Fouts running in the August primary. Papandrea has filed as a candidate for the mayoral race.

More:Warren Mayor Fouts seeks fifth term, vows to keep battling council

In 2016, voters approved a maximum of five, four-year terms for mayor, totaling, at most, 20 years. In 2020, voters approved an amendment to the city charter that changed term limits for mayor to three, four-year terms, with the maximum term for mayor totaling 12 years.

Fouts has been mayor of Warren since 2007; he is serving his fourth term.

The judge's opinion Thursday said that though language addressing years served prior to the 2020 amendment were included in the ballot's explanatory caption, such language is not reflected in the city charter or the actual proposal section on the ballot.

According to the Toia's opinion, "there is no specific language in the Charter indicating that prior years served are counted towards the amended term limits," agreeing with the Warren city attorney's opinion that the discrepancy made it unclear whether the term limit proposal is applicable to Fouts' time served.

The city attorney issued an opinion on Oct. 14 that "the Warren City Charter amendment on term limits approved by the citizens in the 2020 ballot proposal does not prohibit James Fouts from appearing on the ballot in search of a fifth term for office."

In a statement to The News, Warren Mayor Pro Tem and City Council President Patrick Green said the ballot language was clear that all prior terms served are included.

"The result of this ruling today is that Mayor Fouts will be able to serve 7 terms in office and this never the intention of the voters," said Green, who is running against Fouts in the election. "The City Council will be appealing this ruling to defend the 41,000 voters who voted in favor of this proposal."

He added the council hopes to have the matter resolved before the ballots are printed for the election.

Papandrea wasn't immediately available for comment Thursday afternoon.

The ruling was a win for Warren residents and voters' rights, Fouts said in a statement Thursday.

"I enjoy my job and feel the future looks bright for those who want to see Warren move forward," Fouts said. "Again, this is a victory for good representative government based upon the needs of the people not the needs of a law firm."

Fouts said the ruling will allow his "administration to continue focusing on the needs of the people of Warren and that includes a new Towne Center that would generate millions of dollars and thousands of jobs without costing a Warren residential taxpayer one dollar. This also includes funding new park improvements including a Skateboard Park and using ARPA funds for various departments to improve the lives of Warren citizens."

Fouts is facing three challengers in the primary. In addition to Green and Papandrea, Macomb County Commissioner Michelle Nard is also running.

Fouts and the council have been battling in the courts over the city budget for the past couple of years. In 2022, a lawsuit contended Fouts relied on a proposed mayoral budget instead of the budget approved by the council. In 2020, the council sued Fouts for similar reasons. The lawsuit end in a settlement.

anichols@detroitnews.com