MUSKEGON HEIGHTS, Mich. — The fight over who should serve as mayor of Muskegon Heights could ultimately end up in court, as an attorney representing Bonnie McGlothin says the three missed meetings at the center of the dispute were connected to treatment for leukemia.
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Joel Fauson, McGlothin’s attorney, sat down with FOX 17 on Wednesday and disclosed the diagnosis while discussing the council’s decision to appoint Andre Williams mayor.
“She has allowed me to disclose that she's currently battling leukemia. So she missed those meetings for treatment,” Fauson said.
Fauson says McGlothin missed regular council meetings on Aug. 10, Aug. 24 and Sept. 14.
He says McGlothin notified Mayor Pro Tem Kellie Kitchen and City Clerk Jennifer Ross ahead of those absences and explained they were connected to her health.
Those three meetings are now at the center of the dispute over the mayor’s office.
The Muskegon Heights City Charter says a mayor or council member forfeits office after failing to attend three consecutive regular council meetings without being excused by the council.
Fauson argues the problem is that the council did not have procedures in place for determining whether an absence should be considered excused or unexcused.
“This whole problem has erupted because the City Council has not established guidelines for deciding what constitutes an excused absence, what constitutes an unexcused absence,” Fauson said.
In a letter sent to council members Monday, Fauson said that if the council moved to declare McGlothin’s office forfeited, she would demand a public hearing under Section 2.07 of the City Charter.
Fauson argues that provision entitles McGlothin to a process where testimony and evidence can be presented before a decision on forfeiture.
The city’s attorney has a different interpretation.
In a written response to Fauson, City Attorney Te D. Smith said the city’s position remains unchanged. The city maintains the charter’s forfeiture provision is mandatory and self-executing once its requirements have been met.
The city also said information about McGlothin’s health and communications about the absences do not, by themselves, establish that the council formally excused those absences.
The city asked McGlothin to refrain from occupying the mayoral seat, presiding over council meetings, voting as mayor or otherwise exercising the authority of the mayor’s office while her entitlement to the office remains disputed.
On Monday, with McGlothin absent, the Muskegon Heights City Council voted 4-2 to appoint Williams mayor.
Following a recess, Williams took the gavel and led the remainder of the meeting.
Fauson says McGlothin was again receiving medical treatment and could not attend.
“She wants the people of the City of Muskegon Heights to know that she wasn't missing these meetings because she simply didn't want to attend,” Fauson said. “She was having a very serious health condition treated.”
Despite Monday’s vote, Fauson is not conceding the question of who legally holds the mayor’s office.
McGlothin, whose term runs through the end of 2027, is now evaluating her legal options, according to Fauson.
“She's evaluating her legal options. She doesn't have, hasn't determined a timetable to make her decision yet,” Fauson said.
Fauson says there is currently no lawsuit.
However, if McGlothin challenges the city’s interpretation of the charter, the dispute over who legally holds the office could eventually have to be resolved in court.
“You should get some process before something as consequential as forfeiting your job, i.e., your office as mayor, happens to you,” Fauson said. “She's not been given that process.”
For now, Williams is serving as Muskegon Heights mayor while McGlothin considers her next legal steps.
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