HAMTRAMCK —A Wayne County judge has denied Hamtramck Mayor Adam Alharbi’s request to temporarily reinstate dismissed Hamtramck City Manager Adel Al-Adlani, allowing the City Council’s decision to remove him from office to remain in effect until the court issues a final ruling in the mayor’s lawsuit against the Council.

The July 20 ruling by Wayne County Circuit Judge Leslie Kim Smith rejected Alharbi’s request to invalidate the Council’s decision to terminate Al-Adlani, as well as his request for a preliminary injunction that would have prevented the city manager’s dismissal pending a permanent order restoring him to the position he assumed in early March.

The lawsuit, filed by attorney Nabih Ayad, argues that the Hamtramck City Council violated the city’s charter, Michigan’s Open Meetings Act and the Michigan Constitution when it added an unexpected agenda item during its June 9 regular meeting to vote on Al-Adlani’s termination without providing any reason for the action.

The Council voted 4-2 to dismiss the Yemeni American city manager following nearly 30 minutes of procedural disputes and heated exchanges between Mayor Alharbi, who presides over the Council under the city charter, and Council Vice President Mohammed Hassan over Council procedures and Al-Adlani’s performance. None of the Council members, however, publicly stated a specific reason for his dismissal before the vote.

Judge Smith based her decision on the four legal factors Michigan courts apply when considering requests for preliminary injunctions. She concluded that Alharbi had failed to demonstrate a substantial likelihood of success on the merits of his lawsuit or show that irreparable harm would result if the injunction were denied.

At the center of the dispute is whether the mayor has exclusive authority to set City Council meeting agendas or whether the Council may amend the agenda under its own procedural rules.

Alharbi argued that the Hamtramck City Charter gives the mayor and city manager sole authority to prepare meeting agendas and that the agenda cannot be altered or expanded once it has been finalized before the meeting.

The City Council countered that its rules of procedure expressly allow members to amend the agenda and maintained that the changes made during the June 9 meeting complied with applicable legal requirements.

After reviewing the relevant provisions of the Hamtramck City Charter, including language stating that the mayor, “in conjunction with the city manager” prepares meeting agendas, Judge Smith found that the Council’s rules permit the presiding officer to suspend the rules with a two-thirds vote and amend the agenda, which is what occurred during the June 9 meeting.

The court also concluded that Alharbi failed to establish irreparable harm or demonstrate that the balance of hardships favored granting the injunction. In addition, Judge Smith found no evidence of violations of Michigan’s Open Meetings Act, noting that the motion to dismiss Al-Adlani was properly introduced during a meeting open to the public.

As a result of the ruling, Chief Financial Officer Amer Ahsan will continue overseeing Hamtramck’s day-to-day administration as interim city manager while the underlying lawsuit proceeds in Wayne County Circuit Court.

Judge Smith’s ruling was limited to denying Alharbi’s emergency request for preliminary injunctive relief. It does not resolve the underlying legal dispute or constitute a final decision on the merits of the case.