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Warren Mayor Jim Fouts can seek another term, judge rules

Mayor Fouts
Posted at 5:03 PM, Mar 23, 2023
and last updated 2023-03-24 16:37:44-04

(WXYZ) — A Macomb County Circuit Court judge ruled Thursday that Warren Mayor Jim Fouts can seek another term.

An amendment to the Warren city charter in 2020 limits all Warren elected officials — including the mayor — to just three terms in office. Fouts would be seeking a fifth term.

Warren City Council ended up filling a lawsuit to challenge whether the mayor could be on the upcoming ballot.

According to the opinion issued by Judge Joseph Toia Thursday, the confusion on whether Fouts could run for re-election was "based on the fact that the 'any terms or years served prior to this amendment are included' language was included in the ballot's explanatory caption, but was not included in the 'Proposal' section on the ballot or in the amended Charter.'"

He went on to say that "there is no specific language in the Charter indicating that prior years served are counted towards the amended term limits."

“Today’s ruling by Judge Toia was not a victory for me, it was a victory for the residents of Warren and the rule of law. This ruling ensures that the voters will have a choice. A choice improves the outcome of any election. In a democracy choice is essential,” said Fouts in a statement.

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

Fouts won his first term as mayor in 2007.

The Warren City Council is expected to appeal the decision. Its attorney released the following statement:

“The city council is appealing the decision. In November 2020, 68% of Warren voters approved equal term limits for all offices and the ballot language stated “any terms or years served prior to this amendment are included.” The voters knew exactly what they were doing when they voted for term limits. We will seek reversal of today’s decision from the Court of Appeals just like we did in 2020 when the city clerk and circuit court refused to put the term limit question on the ballot.”