Dearborn Heights City Council President Mo Baydoun speaks about Mayor Bill Bazzi’s use of city resources and facilities for electioneering during the Feb. 25 council meeting.
By SUE SUCHYTA
Times-Herald Newspapers
HEIGHTS – The City Council censured Mayor Bill Bazzi during the Feb. 25 council meeting for what the body characterized as inappropriate use of city resources and facilities for electioneering.
The resolution passed 6-1, with Councilmember Nancy Breyer casting a no vote.
The mayor was directed to delete his recent video from the city’s YouTube page and Facebook page, and from any other page connected to the city of Dearborn Heights.
The council also directed Bazzi to account for the use of city funds, offices and other properties used to produce or disseminate his video.
The resolution also directed City Clerk Lynne Senia to send copies of the resolution to Michigan Secretary of State Jocelyn Benson and Michigan Attorney General Dana Nessel.
The council also directed special legal counsel Gary Miotke to assist the City Council with the matter, to file a complaint with the state of Michigan to address Bazzi’s alleged violations of the Michigan Campaign Finance Act and other state laws, and to perform other necessary legal services.
The 12 minute, 55 second video that Bazzi posted contained his comments on how others within the city government were resisting and impeding his efforts to address major issues in the city. At the 12 minute, 29 second point, he said that the people running against him for the office of mayor are the ones impeding his efforts, which the council says is electioneering.
Council President Mo Baydoun said that some of the things Bazzi said on the video were not necessary.
“I think the demeanor, the body language was very angry, and really, I was glad to see that the mayor was speaking up, and I just wish he would do it at the city council chambers,” he said, pointing to the mayor’s vacant seat. “But instead, it looked like a political stunt.”
Bazzi has not attended city council meetings for several months.
Baydoun said he asked Bazzi to refrain from doing such videos, and if he does create videos, focus on positive things the city has done.
“Not continuing to point your finger and blame this council,” he said. “The first two years, the council gave the mayor everything and anything he wanted. Enough is enough.”
Corporation Counsel Roger Farinha characterized the council’s resolution as a “content targeted retaliation” and a political move on the part of the individuals who drafted the resolution.
He said when the council starts weaponizing the special counsel against the administration, it is breaching its fiduciary duty.
Farinha said the contents of Bazzi’s video are protected by the First Amendment of the U.S. Constitution.
“You can’t say it’s political because you don’t agree with it,” he said. “This resolution is overly broad, it’s targeted politically, and it interferes with the First Amendment right.”
Miotke said that Bazzi’s use of city facilities in a manner that was not allowed to anyone else who was a candidate for office is inappropriate and disallowed.
“It is a violation of state law to end up using facilities for electioneering,” he said. “The exception to this is when you end up having, for example, a candidate forum where everyone is allowed to speak.”
Miotke said the resolution is completely consistent with state law and similar cases have been upheld by the U.S. Court of Appeals, ruling that electioneering can be prohibited, because it is being done at the public expense, which he said was the point of the council’s resolution.
“The resolution is not targeted against the mayor stating things in terms of his opinion in general, but when he ends up saying something about FOIA-ing those who are running against him in the mayoral election, for this office, that is an inappropriate thing, and he did it in council chambers, and he probably did it with city personnel, who are being paid by taxpayer dollars.”
Breyer said a large part of what Bazzi was trying to do was to show transparency.
“It is sad, though, that he went off topic and named people,” she said. “That was horribly wrong.”