Re: KWA and City of Flint. URGENT
- From
- Valerie Brader
- To
- Andy Dillon
Fausone chairs the DWSD Board of Water Commissioners, which is actually a body that exists under the
Detroit Charter and is appointed by the Mayor. Fausone's appointment to the board was facilitated by the
federal court, as a suburban representative (Bing agreed to name suburban reps; I can't remember if he did it to
avoid an order or if Cox ended up issuing one on the matter). The Board's decisions in almost all key matters
(rates, contracts) are subject to approval by the City Council, so KO does not need to listen to them.
All members of the board are mayoral appointees who serve at his pleasure, so in theory, KO could even fire
Fausone if he tried this. the only potential obstacle is the potential federal court order, which if it exists, would
arguably require him to ask Wayne County for a new name. I would need to refresh myself on Cox's orders on
this to be sure of the process. Even if Cox technically ordered this, the federal court would likely avoid getting
involved if the issue (as this is) was unrelated to the sewer system. I can't see any appeals court upholding a
judge's order with that as the basis, and the 6th Circuit made it pretty clear in 07 or 08 that the federal court in
this case had no authority over the water side of the system, and the argument that the water and sewer systems
are linked via shared management is DOA.
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