Macomb County Prosecutor Peter Lucido sues county's top attorney, ethics board

Macomb County Prosecutor Peter Lucido is suing the county's top lawyer and its ethics board weeks ahead of a public hearing scheduled for the July 17 ethics board meeting on an ethics complaint filed against Lucido.

Lucido is suing John Schapka, the county's corporation counsel, and the ethics board in a June 28 lawsuit that also has a motion for a temporary restraining order and preliminary injunction to stay ethics board proceedings against Lucido, per Macomb County Circuit Court online records.

Lucido is asking a judge to disqualify Schapka from representing the ethics board in any ethics ordinance matter against Lucido and to invalidate all "adverse actions" taken by the board against Lucido, including, but not limited to the July 17 hearing.

Lucido also wants the court to enjoin Schapka and the ethics board from conducting any more closed session meetings about Lucido and to declare that state law, specifically the Michigan Campaign Finance Act, supersedes the county's ethics ordinance "and the Ethics Board has no subject matter jurisdiction to rule on this matter."

The lawsuit states that the defendants held meetings in April, May and June to consider complaints against Lucido and that Schapka "wrongfully advised" the ethics board to suspend the open meetings and go to closed session, where Lucido's representative was excluded.

"Defendants ignored state law, and after the closed session on June 18, 2024 ended, they immediately voted to take adverse action against Plaintiff by scheduling a hearing for July 17, 2024," on one of the complaints against Lucido.

Lucido's attorney, Todd Perkins, said in a news release July 2: "We are confident that after the court applies the law, the remaining meritless complaint will also be dismissed."

Schapka said Friday: "There is no merit to this lawsuit. Its full purpose is to avoid a hearing on the merits of Mr. (Mark) Brewer's complaint (against Lucido). If I had nothing to hide, I would welcome a hearing where I could be vindicated."

Schapka filed a motion Wednesday asking that a hearing set for July 9 on Lucido's motion for a temporary restraining order be adjourned until July 29 or later so that he can retain legal counsel. Because Lucido's claims concern the performance of Schapka's official duties, Schapka wrote in his motion, he is entitled to legal counsel at the county's expense.

Per the county charter, Schapka wrote, he must obtain approval from the county Board of Commissioners before retaining special outside counsel. The earliest chance for that approval will be July 18 at the county Board of Commissioners' government oversight committee meeting.

"Absent violating the Charter provision regarding retention of special outside counsel, neither Defendant Schapka nor Defendant Board are able to retain counsel, and any such counsel will not be able to be adequately prepared to defend any issue presented in Plaintiff's TRO motion," according to Schapka's motion.

A hearing on his motion is set for July 8.

Ethics Board Chairperson Dorie Vazquez-Nolan said she could not comment on the lawsuit as she has not seen it. She said unless the board has other business on the agenda July 17, the meeting may be canceled because of the pending litigation.

Vazquez-Nolan recused herself from the Lucido complaints, citing a conflict, as she is executive director of Care House, the Macomb County Child Advocacy Center. She previously said she and Lucido's office work closely developing child abuse cases.

The complaint the ethics board voted to forward for a hearing alleged Lucido used county property, buildings and offices to create a photo of himself for political campaign purposes. If the board finds he violated the ethics ordinance, Lucido could be fined up to $500, Schapka previously said.

Perkins said in his release the photo was taken before the start of business hours by Lucido's daughter with her personal cellphone the morning he took office in January 2021. It depicts him sitting at his office desk. It was later put on his campaign website, with no tax dollars used for its capture or transmission, it states.

In June, the ethics board dismissed a second complaint against Lucido filed by Brewer, the former Michigan Democratic Party chairman. That complaint alleged Lucido allowed a former Sterling Heights City Council candidate to use county property, buildings and offices to create photos for political campaign purposes.

Perkins, himself, last month also filed an ethics board complaint against Schapka.

Lucido, a Republican, is seeking reelection this year. Brewer has contributed to the campaign of Christina Hines, the Democrat running for county prosecutor against Lucido.

Contact Christina Hall: [email protected]. Follow her on X, formerly Twitter: @challreporter.

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This article originally appeared on Detroit Free Press: Macomb Prosecutor Peter Lucido sues county's top attorney, ethics board