Flint's EFM issues stern orders to embattled city councilman - WNEM TV 5

Flint's EFM issues stern orders to embattled city councilman

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Flint City Councilman Eric Bradford Mays Flint City Councilman Eric Bradford Mays

The issues surrounding embattled Flint City Councilman Eric Mays has taken another twist.

Mays said last week he won't quit his seat on the council despite calls for his resignation by city leaders following his weekend arrest for drunken driving and drug possession.

On Saturday morning, Flint Police officers were dispatched to I-475, north of Carpenter Road in reference of property damage around 3 a.m. Saturday. Officers learned that the vehicle involved had been traveling north in the southbound lanes of I-475 on four flat tires.

In addition to being arrested for operating a vehicle while intoxicated and possession of marijuana, Mays was also cited for no proof of insurance and failure to submit to fingerprinting.

Now City of Flint Emergency Manager Darnell Earley has issued Executive Order No. 3, which he lays out below:  

In the wake of recent events, the order sets forth stringent guidelines intended to address a pattern of persistent disruptive behavior and inappropriate, intimidating communication with staff by Councilman Eric Mays, as well as setting forth the guidelines for his continued presence on City Council in light of his dismissive response to calls for his resignation.

"This is a very serious matter. Without this action, it is my opinion that the issues surrounding Councilman Mays will be a distraction and therefore will interfere with my ability to manage the City," said Earley. "The City cannot afford these types of distractions to our efforts of addressing the many important challenges that confront the community. City Council members serve a very important role as public officials and their leadership must not be compromised by their individual actions as we begin talking about the future of the City of Flint post-emergency management."

Pursuant to Public Act 436, the Emergency Manager has broad powers in receivership to rectify the financial emergency and to assure the fiscal accountability of the City of Flint and its capacity to provide or cause to be provided necessary services essential to the public health, safety and welfare, as such:

Emergency Manager Order No. 2, City Council's Responsibilities and Partial Restoration of Compensation, effective March 28, 2013, provides that "[a]ll communication with staff must be in writing and directed through the Emergency Manager"; and

On November 22, 2013, Councilman Eric Mays signed the attached Acknowledgment of Receipt in which he confirmed having received and read Emergency Manager Order No. 2, and agreed to abide by its terms; and

On December 2, 2013, Councilman Mays violated Order No. 2 by verbally attacking a Police Department employee, to the point that she was brought to tears, as described in the attached affidavit; and

On December 3, 2013 and December 4, 2013, Councilman Mays violated Order No. 2 by subjecting the Emergency Manager's secretary to disjointed and lengthy diatribes, in which his behavior was highly agitated and seemingly out of control, as described in the attached affidavit; and

In both instances, Mr. Mays used his position as a Council member to intimidate City of Flint personnel, and engaged in loud, uncivil, unprofessional, aggressive and erratic behavior; and

Councilman Mays has a history of disruptive behavior, with numerous occasions that the police have had to physically remove him from Council Chambers, as well as a February 22, 2013 conviction for disorderly conduct for persistently disrupting a public hearing; and

At the City Council meeting on November 16, 2013, his first as an elected official, Councilman Mays repeatedly interrupted and delayed the proceedings; and Councilman Mays' failure to abide by Order No. 2, has disrupted and interfered with the Emergency Manager's ability to manage the local government; and

If allowed to continue, Councilman Mays' disruptive behavior will significantly undermine efforts to strengthen the City Council in preparation for its very critical leadership role as the City of Flint moves toward a transition advisory board; and

Governance of the City of Flint is subject to extraordinary circumstances due to a financial emergency, such that action in response to Mr. Mays ‘ s disruptive behavior is necessary; and

Based on the above, and in order to allow for the effective management of the City of Flint, it is ordered that:

1. Councilman Mays shall not directly communicate with City of Flint staff, including the Emergency Manager, except for the following:

a. to report an emergency or to respond to Police or Fire Departments;

b. in association with payment for his personal utilities or taxes;

c. in association with starting or stopping his personal water service;

d. as permitted by the Emergency Manager.

2. Councilman Mays shall not make referrals to the Emergency Manager or any other City staff.

3. Councilman Mays shall inform residents of the Fist Ward to direct matters to the City Clerk, who shall then submit those matters to the Emergency Manager.

4. Councilman Mays shall communicate with the Emergency Manager via email only, unless otherwise directed by the Emergency Manager.

5. Councilman Mays shall not be disruptive during City Council meetings and other meetings to which the Emergency Manager directs him to attend, and shall:

a. address Council during the public comment period;

b. address Council unless he is first recognized by the Council president;

c. address Council about matters that are not on the Council agenda.

6. Councilman Mays is permitted access to City Hall only on Monday through Friday from 8 a.rn. to 5 p.m. and during Council meetings, but otherwise shall not be permitted on the premises;

7. Councilman Mays is no longer permitted to utilize the City Hall parking garage and shall immediately return to the City Clerk the parking garage opener he was issued;

8. The Council President shall enforce the above directives at City Council meetings and, in the event a person persists in disturbing the orderly conduct of a Council meeting after having been clearly informed that he or she is unreasonably causing a disturbance, shall request that the police arrest that individual under Flint City Code §31-12(6), Disorderly Conduct and Disorderly Persons.

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