Court orders Hackel to release funds: Prosecutor Lucido says ruling upholds rule of law, protects taxpayers

Court orders Hackel to release funds: Prosecutor Lucido says ruling upholds rule of law, protects taxpayers

Macomb County Prosecutor Peter J. Lucido on Tuesday praised a Michigan Court of Appeals ruling that ordered County Executive Mark Hackel to release funds appropriated by the county board for the prosecutor’s office to hire outside legal counsel.

“This is now the third time in recent years that the courts have told the executive he cannot ignore the law,” Lucido said. “The message is clear: no one is above the law, and taxpayer dollars must be used as the Board of Commissioners directs. These are historic decisions that protect Macomb County taxpayers and the integrity of justice in our county.”

The case involved two disputes. In the first, the court wrote, “Given our conclusion that Hackel improperly impounded funds for outside legal services… we also conclude that the appropriate remedy in this case is a writ of mandamus directing Hackel to release the funds for outside counsel and instructing the parties to cooperate with regard to facilitating the appropriate contracts.”

In the second dispute, the appeals court sided with Hackel on a separate issue regarding the reclassification of a prosecutor’s office employee from office manager to chief operations clerk, ruling it lacked jurisdiction to decide the matter under the Uniform Budgeting and Accounting Act. “In our judgment, the issue whether the reclassification procedures in the CBA are invalid in light of MCL 49.31 and MCL 49.35 raises questions outside the scope of this Court's narrow jurisdiction under the UBAA.,” the court wrote. Lucido said he is reviewing options to continue his fight for the UAW staff member involved.

Yesterday’s decision comes after the Hackel administration missed deadlines for the county’s budget audit, and the Michigan Supreme Court last month ruled that county commissioners must be given direct access to up-to-date financial records, comparable to the county’s checkbook, and that Hackel can’t block funds approved for the Prosecutor’s Office to hire outside legal counsel.

Lucido said he was particularly concerned with the mounting legal bills related to the ongoing disputes with the executive. “We estimate Mr. Hackel has already spent over a million taxpayer dollars fighting against financial transparency,” Lucido said. “The public and county commissioners should be asking: What exactly is he trying to hide?”

Lucido called yesterday’s ruling a major win for county taxpayers. “Every time the executive drags these disputes through the courts, it costs money that could be spent on public safety and services. He should at least disclose what he spent,” he said. “The board voted unanimously, Democrats and Republicans, to fund these legal services. Instead of honoring that vote, the executive chose obstruction.”

To see the entire Michigan Court of Appeals Opinion click HERE.