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Hearing Set In City's Suit To Stop Forfeiture Hearings

POSTED: Wednesday, June 18, 2008
UPDATED: 2:57 pm EDT June 19, 2008

A hearing has been scheduled to for June 27 to rule on whether the City Council can go ahead with forfeiture efforts against Mayor Kwame Kilpatrick.

The city of Detroit filed the lawsuit Wednesday asking a judge to rule on whether the City Council can go ahead with forfeiture efforts against Kilpatrick.

"Everything that has been done by the council in this process is void," said Kilpatrick's attorney, Sharon McPhail, moments after attorney Godfred Dillard filed the suit in Wayne County Circuit Court.

Godfred told Local 4 that if they are able to stop the proceedings right now they will save the city money, time and embarrassment.

The suit states the nine-person council's rule to pass a vote of 5 to 4 to oust Kilpatrick during forfeiture proceedings is insufficient. The suit claims a super majority vote of 6 to 3 is needed to approve his expulsion, according to Roberts Rules of Order and the city charter.

Council President Ken Cockrel said the City Council does not follow Roberts Rules Of Order to conduct meetings. Instead, they go by rules created by the Council.

Council attorney William Goodman drafted language to guide council through forfeiture hearings, which are set to begin July 7.

"Guess what: There are no provisions punishable by forfeiture except lack of qualifications and being convicted of a felony," said Kilpatrick's newly hired attorney, Robert Sedler.

Goodman is calling the suit against council nonsense.

"It's a joke. It may fit 18th century England, but it has nothing to do with the city of Detroit. It shows the desperation of these people. It's hogwash," said Goodman.

Some council members accuse Kilpatrick of duping them into approving an $8.4 million whistle-blowers' agreement.

Kilpatrick is facing perjury and other charges stemming from testimony given in a whistle-blowers' trial.
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