In Ruling Lawyer Characterizes As Ludicrous, Firefighter Told To Quit Job Or Resign As Council Member

From The Oakland Press, August 31

PONTIAC, MI – Councilman Marc Seay has been ordered to step down from his job as a firefighter or from his seat on the City Council by Wednesday or be held in contempt of court.

Seay's attorney, Janet Sowell, said the ruling is "ludicrous" and that she will file an immediate appeal.

Oakland County Circuit Judge Colleen O'Brien ruled Wednesday that Seay's leave of absence from the fire department does not meet the requirement of her June order to vacate one of the two positions.

The Oakland County Prosecutor's Office had asked for a ruling, arguing that the two positions are in conflict because Seay as a firefighter is working for the council and the council's decisions affect the fi re department.

"A leave of absence does not resolve the conflict," said O'Brien, adding that Seay "has seven days to resign from one of the two positions or pay $100 a day until he does. If he does not step down by Sept. 6, by noon, the court will sign an order finding him in contempt."

Sowell argued that under state statute Seay has the right to take a leave of absence to meet the requirement of vacating his job, but O'Brien replied, "As long as there is a chance of returning to work, there is a confl ict."

O'Brien also noted there is a question "whether the council had authority to grant him a leave of absence."

Mayor Clarence Phillips and the city Law Department maintain the City Charter gives that right only to the mayor, not the council. Phillips vetoed the council's June 29 vote to grant Seay a leave, and the council voted to override the veto.

The Pontiac Firefighters Union several months ago granted Seay his request for a leave, a step required by the union when he began to determine which position to vacate.

Sowell said she plans to file immediately for an emergency appeal at the Michigan Court of Appeals.

"This is ludicrous. She is flat-out wrong here," Sowell said.

Meanwhile, as far as Seay is concerned, "he will do whatever he needs to do to retain his office," Sowell said. She said she will ask O'Brien to stay the order while she appeals the ruling. If O'Brien refuses, and if the Court of Appeals grants her appeal, it will stay O'Brien's order, said Sowell.

Seay, who was in the courtroom with his mother and family friends, was shepherded away by his attorney for a conference immediately after the hearing and was not available for comment.

Assistant Prosecutor Jennifer Stout requested the hearing before O'Brien on Wednesday, alleging Seay had not complied with the judge's order to vacate one of the positions by June 21. She said she had attempted to learn more details about the terms of his leave before bringing it back to court, such as whether he is being paid, if he still has his pension and whether the department reserved his spot.

"I don't believe it does (meet the judge's order). I believe he has to sever his ties" to one position or the other, Stout said.

Sowell argued: "Mr. Seay has complied." She said Seay had elected to vacate his position as a firefighter in June by taking a leave of absence. She said Michigan statute provides that a public employee elected to office in that same city or school district can take a leave of absence to fill the position and avoid conflict.

"There is no requirement to provide personal information" about the leave in the record, Sowell said. "The prosecutor didn't attempt to resolve (the issue) with the statute. Mr. Seay is no longer a firefighter. He no longer gets pay and benefits."