Council OKs outside counsel for treasurer after dispute with mayor over civil service access

The Warren City Council on Tuesday approved a measure that authorizes City Treasurer Lori Barnwell to retain outside legal counsel if mediation with Mayor Stone does not resolve a dispute over access to the civil service agenda and a planned reclassification.

Barnwell told the council she had followed the budget-approved process to reclassify a position in the treasurer's office and had worked with human resources and union leaders. She said Mayor Stone withheld a final sign-off that would have placed the reclassification on the civil service commission agenda and, Barnwell argued, unlawfully blocked the department's access to that body.

Council members pressed for a diplomatic fix before litigation. Council President Moore and Councilman Jonathan Lafferty led a motion to ask City Attorney Mary Michaels to issue a legal opinion on whether the mayor may block a separately elected official from accessing civil service, to attempt mediation between Barnwell and the mayor, and to permit Barnwell to hire outside counsel only if mediation failed after the two-week period. The motion passed unanimously.

Barnwell described the reclassification as an upgrade of an existing, budgeted position to reflect expanded investment- and reporting-related duties in the treasurer's office. She said the change did not create a new, funded slot and that posting the position would violate the approved budget. Human Resources Director Jerry (surname in record) confirmed the item could be handled either by posting or by reclassification and said HR's practice was to advise on whether posting was required; HR staff also said the mayor's approval is typically obtained before civil service items go on the agenda.

Legal counsel and several council members recommended mediation to avoid costly litigation. City Attorney Mary Michaels said she would review the legal limits of the mayor's discretion and attempt to resolve the matter between the parties. If the mayor did not comply, the council's motion preserves Barnwell's ability to pursue a writ of mandamus in Macomb County Circuit Court; City legal staff noted such a filing could take weeks to schedule.

The council's vote conditions the hiring of outside counsel on the failure of voluntary mediation and receipt of the city attorney's written opinion; the motion passed with all members voting yes.

Barnwell emphasized the timeline: she said the reclassification was already budgeted and that delaying access to civil service risked leaving the treasurer's office short-staffed or unprepared when several senior employees retire.

The council asked that the city attorney attempt mediation and return to council in two weeks with results or, if mediation fails, to authorize Barnwell to engage outside counsel.