Detroit council told mayor violated city's charter

Mayor Kwame Kilpatrick violated the City Charter in his handling of a text-messaging sex scandal but removing him from office would be difficult in the face of pending criminal charges, a report for the City Council concluded.

The report delivered Monday to the Council and obtained by The Associated Press accuses Kilpatrick of violating the charter's provisions against using public office for private gain and settling city civil litigation without the Council's consent.

The report, expected to be made public Tuesday, spells out options for removing the mayor but doesn't make any recommendation on that point.

Kilpatrick General Counsel Sharon McPhail called attorney William Goodman's report and the Council's investigation a politically motivated witch hunt.

Councilwoman Sheila Cockrel said she would not comment on the report until after a closed session Tuesday.

The investigation results from a jury verdict won last summer by two former police officers: One claimed he was fired for investigating claims that the mayor used his security unit to conceal extramarital affairs, and the other said he was harassed for reporting those claims.

At the trial, Kilpatrick and his former Chief of Staff Christine Beatty denied having a romantic relationship, but text messages disclosed later contradicted them. Kilpatrick has said he did nothing wrong in approving a confidentiality agreement referencing the text messages.

The Council believes it was misled in approving an $8.4 million settlement from that trial, an amount that included $400,000 given to a third officer in a separate lawsuit.

A prosecutor charged Kilpatrick and Beatty with perjury and other charges. They face a June 9 preliminary examination.

The Council has passed a nonbinding resolution asking Kilpatrick to resign, but he has refused. Goodman's report spells out options for removing him from office.

The Council could start a forfeiture of office proceeding if it finds Kilpatrick has violated the City Charter. Kilpatrick would be entitled to due process, including a hearing, according to the report.

Council members also could ask Gov. Jennifer Granholm to remove the mayor on the grounds of "official misconduct," or censure Kilpatrick and wait for the criminal case to be decided in court, the report said.

Granholm has said she wants to allow the legal action to proceed against Kilpatrick.

The report also says trying to get back the $8.4 million would be a "legal nightmare" that would require too much money, time and resources to be worthwhile.