Scio Twp. Trustees Continue to Violate Ordinance That Requires Reimbursement of Supervisor’s Legal Fees—Supervisor Threatens to Sue

by P.D. Lesko

In a two-page letter dated Nov. 24, 2025, Scio Twp. Supervisor Jillian Kerry wrote to the Scio Twp. Board of Trustees, “I sincerely hope the Township isn’t now inviting me to file a lawsuit to enforce its legal obligations, which would only result in the Township incurring my legal fees for that action as well, since I would be the prevailing party in the face of a frivolous defense.”

Sup. Kerry’s letter stipulated that she and her attorneys had met all of the requirements necessary for her legal fees to be paid by Scio Twp.: “I, and my attorneys, have fulfilled the requirements presented through the resolutions. The Township Board now must fulfill its legal obligations.”

At the Nov. 25 meeting, the Trustees continued to complain about the amount of legal fees paid thus far, and the amount of legal fees that could pile up during the period in which Jillian Kerry goes on trial in the 22nd Circuit Court.

Clerk Jessica Flintoft said during the lengthy discussion, “We don’t have unlimited funds.” Flintoft talked about the Township’s “negotiating position” in order to cap Kerry’s legal fees.

According to 2024-2025 budget documents, Scio Twp. has a $6.1 million fund balance. In 2024, the Township took in $23.2 million in revenues and spent $26.6 million.

When most recently running for office (2024), several elected trustees told voters fiscal responsibility would be among their top priorities. Trustee Reiser said, “I will ensure our finances remain strong and we spend within our means.” Trustee Brant: “I bring finance knowledge to the table. The entire Board needs work with our Clerk, Jessica Flintoft to get a qualified Finance Director.” Trustee Knol focused on “civility.” Trustee David Read said the Trustees should put an end to “Financial mis-management: Order a complete financial audit and restore the fiscal checks and balances that have been lost in the last 4 years.”

It is under the explanation of fiscal responsibility that certain Trustees who overspent the 2024-2025 budget by several million dollars, thus requiring a drawdown from the Township’s balance fund, have closed ranks and refused to reimburse Jillian Kerry for her legal fees.

Kerry’s letter states that the Scio Twp. Board members have little room to negotiate, as a failure to reimburse the Supervisor for her legal fees would violate both the Michigan and the U.S. Constitutions:

“The mandatory nature of the Township’s obligation to pay for my defense was triggered by the commencement of the criminal action, which occurred well before the Township changed its ordinance from “shall” to “may.” The Township can’t retroactively eliminate its legal duty to me, which I’ve relied on, by invoking a later ordinance after my rights were vested. The contract clauses of both the U.S. and Michigan constitutions prohibit local governments from passing laws that impair their obligations under existing contracts. See U.S. Const. art. I, § 10, cl. 1; Mich. Const. art. I, § 10. Once my right to a defense was triggered, that right vested and became an implied contractual obligation of the Township. A later amendment of its ordinance attempting to remove or impair this right would violate the contract clause as well as the due process clauses of both the Michigan and U.S. Constitutions. See Mich. Const. art. I, §§ 10 and 17; U.S. Const. art. I, § 10, cl. 1, amend. V, and amend. XIV, § 1; LaFontaine Saline, Inc. v. Chrysler Grp., LLC, 852 N.W.2d 78, 85-86 (Mich. 2014); In re Certified Questions from the U.S. Court of Appeals for the Sixth Cir., 331 N.W.2d 456, 463 (Mich. 1982).”

One long-time Scio Twp. resident pointed out that, “instead of working on financial scenarios whereby the Township would come up with a six-figure contingency fund to pay Jillian’s legal fees, Board members once again are focused on determining whether the hourly attorney fees charged to Jillian are reasonable. They are fiddling while Rome burns.”

At the Nov. 25, 2025 meeting, Trustees voted on a motion to pay Kerry’s remaining $91,000 in legal fees, and the motion failed.

Trustees Brant and Knol together with Clerk Flintoft are still adamant that “financial controls” to rein in Kerry’s legal fees are necessary, before they agree to pay Kerry for her legal fees, payments which are six months in arrears. The Township’s ordinance does not include language that permits the Board any such controls to “rein in” legal fees owed to an employee.

The Twp.’s insurance company has thus far refused to reimburse the funds paid out to Kerry claiming that Scio Two. has not been harmed. The Trustees hired Southfield attorney Rabih Hamawi “to determine if the insurance denials in the case of State V. Kerry should be further pursued.”

Kerry, in her letter said, “The key words of the ordinance are “Whenever a criminal action is commenced . . . , the township shall pay for, engage, or furnish the services of an attorney . . .”, again, Sec. 2-42, Scio Township Ordinance. The mandatory nature of the Township’s obligation to pay for my defense was triggered by the commencement of the criminal action, which occurred well before the Township changed its ordinance from “shall” to “may.” The Township can’t retroactively eliminate its legal duty to me.” 

Scio Twp. resident Rob Pattinson stuck around until almost midnight to speak at the end of the meeting. Pattinson said to the Board members who had voted not to reimburse Kerry’s legals fees, “You’re interfering in her [Jillian’s] defense. You want her to be found guilty. I am so disappointed. You have an innocent colleague and you are cutting her legs off.”

In her letter, written along with her attorneys, Sup. Kerry wrote, “I, and my attorneys, have fulfilled the requirements presented through the resolutions. The Township Board now must fulfill its legal obligations.”

The Nov. 24, 2025 Kerry letter ended with what appeared to be a tongue-in-cheek invitation for Scio Twp. Trustees. Please tell me the rate the Township considers reasonable for a white-collar defense involving complex computer forensics issues? In that regard, please don’t quote rates for attorneys who defend such things as street-level crimes or drunk driving, as those are entirely different subject areas. If you wish, my attorneys are well acquainted with the top white collar defense attorneys in Washtenaw County and can provide you an assessment of appropriate rates in this locality.”

As she pointed out at the Nov. 18, 2025 meeting, Jillian Kerry wrote in her Nov. 24 letter: “Just to be clear, my attorneys have spent many, many hours without charge. I have also spent many, many hours researching on my own and providing it to the attorneys to save the Township money.” 

Download and read Kerry’s letter in its entirety below: