Breaking news … City manager issues a stern warning to city council

City Manager Max Garbarino

By Charles Sercombe
Once again, City Manager Max Garbarino’s job is on the line.
At tonight’s regular city council meeting, a discussion will continue about the paid suspension of Police Chief Jamiel Altaheri.
But there is also speculation that the city council may move to suspend Garbarino.
Last week, there was wide speculation that the council was going to fire Garbarino over the chief’s suspension. The council backed off from that threat and didn’t even discuss firing him.
But criticism was leveled against Garbarino, especially by Mayor Amer Ghalib, over how he handled the chief’s issue.
In an angry tone, the mayor said Garbarino should also be investigated.
The FBI is investigating possible wrongdoing by the chief involving several issues that include allegations of transporting a stolen vehicle out of New York and domestic abuse.

Altaheri denies the allegations, and welcomes an investigation by outside agencies.

Garbarino also expects the city council to direct him to reinstate the police chief. Garbarino said he will refuse to follow that direction, but said he doesn’t know what will happen if the council doesn’t back down.
This afternoon (Tuesday, May 27), Garbarino issued a warning to the mayor and council of the possible legal repercussions they could face if he is suspended.
Here’s what Garbarino had to say:

“I am writing to formally address recent developments concerning my administrative decisions and the subsequent actions being contemplated by the City Council. It has come to my attention that disciplinary measures against me are being considered, ostensibly due to my decision to place the Police Chief on paid administrative leave pending investigation into credible allegations of federal and state criminal law violations.

Authority under the City Charter
“As City Manager, my actions are governed by the Hamtramck City Charter, which clearly delineates the scope of my responsibilities and authority. According to Section 9-18 of the Charter, the City Manager is the chief administrative officer of the City and is responsible for the administration of all city affairs placed in his charge by the Charter. Specifically, the Charter grants the City Manager the authority to ‘appoint and, when he deems it necessary for the good of the City, suspend or remove all city employees and department heads provided for in this charter or by ordinance, except as otherwise provided by law.’ Under Section 5-01(g), ‘All department heads shall be subject to the administration and under the jurisdiction of the city manager.’
“This provision unequivocally empowers the City Manager to manage city personnel, including the suspension of department heads, when deemed necessary for the good of the City. The decision to place the Police Chief on administrative leave was made in strict adherence to these Charter provisions, following standard procedures to ensure the integrity of ongoing investigations and the proper functioning of the Police Department.

Whistleblower protections and retaliation concerns
“It is imperative to note that my actions were not only within the bounds of my Charter authority but also aligned with my obligations under state and federal laws concerning the reporting of misconduct. The allegations against the Police Chief were reported by another officer who, in the process, implicated himself in certain illegal activities. Both individuals were placed on paid administrative leave to facilitate impartial investigations by appropriate external agencies.
“Furthermore, within the past two months, I have reported multiple Council Members for alleged election fraud and multiple others for potential violations of residency requirements. These actions were taken in good faith and in fulfillment of my duty to uphold the law and maintain the integrity of our city’s governance.
“Any disciplinary measures taken against me in response to these lawful and necessary actions could be construed as retaliatory, potentially violating the Michigan Whistleblower Protection Act (MCL 15.361 et seq.), which prohibits employers from retaliating against employees for reporting violations or suspected violations of law.
“The Charter, which you have taken an oath to uphold, provides in Section 6-16(f) that ‘Each employee must be protected against retaliation for lawful disclosure of information which she or he reasonably believes evidences a violation of any law, rule or regulation, mismanagement, gross waste of monies, abuse of authority, or a substantial and specific danger to public health or safety.’ Thus, in addition to subjecting the city to considerable civil liability, those who threaten to remove me in retaliation for the lawful performance of my sworn duties also subject themselves to a charter violation.

Lack of council authority over city personnel
“The City Charter does not grant the City Council the authority to manage or interfere with the day-to-day operations of city departments or the personnel decisions made by the City Manager. Any attempt by the Council to discipline or remove me from my position without adherence to the procedures outlined in the Charter would lack legitimacy and could again constitute a breach of the Charter’s most basic provisions. See also 7.03, which provides ‘Except for the purpose of inquiry, the council and each of its members shall deal with the administrative branch of the government solely through the city manager, and neither the council nor any members shall give any order or directions, written or verbal, either publicly or privately, to any of the subordinates of the city manager.’
“Therefore, any decision to reinstate the chief or any other employee is a clear violation of Sections 7.03 and 9-18 and, as such, also a violation of Section 39.002 which prohibits governmental decisions outside of official channels.

Violation of anti-discrimination laws
“Some of you have intimated that the chief’s ethnic background should play some kind of role in my personnel decisions. I will not, however, look the other way merely because someone is from a certain group or ethnic background. I feel that my refusal to do so here has led to discrimination directed at me because of my ethnic background.
“Obviously, I will not tolerate such discrimination. I am entitled to legal protection from such discrimination and I expect that you all, as my employers, will act in accordance with anti-discrimination laws prohibiting you from taking my race and ethnicity as a consideration in your treatment of my employment.

Conclusion and intent to pursue legal remedies
“In light of the above, I respectfully urge the Council to reconsider any actions that may infringe upon the authority granted to the City Manager by the Charter, or that may be perceived as retaliatory in nature. Should the Council proceed with discipline against me without proper legal and procedural justification, I will be compelled to seek legal recourse to protect my rights and to ensure the continued integrity of our city’s governance.
“I remain committed to serving the City of Hamtramck with integrity, and in accordance with the laws and Charter that govern our operations. I do not wish to take an adverse position against the city in a legal proceeding.
“However, the contemplated actions by council cannot and will not stand. Council’s credibility and legitimacy are on the line. It can decide to follow norms and explicit rules which dictate these matters be fully and impartially investigated. In the alternative, it can make itself a laughing stock by violating every norm and policy of sound personnel management.
“The world is watching to see if this council has the ability to act in a professional and responsible fashion with appropriate restraint. What you decide here will have ramifications far beyond Hamtramck.”
(Today’s city council meeting is at 7 p.m. in City Hall.)
Posted May 27, 2025