Mayor Wilce Cooke and five commissioners held a news conference Thursday to discuss a class action lawsuit to be filed in protest to the emergency financial manager.

EFM Joe Harris was appointed to the city in April to help correct the city's finances. Since then he's made many controversial cuts to balance the budget.

"The Emergency Financial Manager after December 30th will assume these duties: 1) City Manager 2) Fire Chief 3) Supervisor of the Police Chief 4) Director of Public Safety 5) Personal Director 6) Director of Planning and Economic Development 7) Tax Assessor 8) Director of DPW [Department of Public Works] 9) Treasurer," wrote Mayor Pro Tem Marcus Muhammad in a news release.

The commissioners said Harris should be focusing on the city's finances, instead of taking over the city's various departments. They contend he has not complied with Public Act 72 of 1990, which gives the state the right to appoint an EFM.

"More progress has transpired in the last four years than has transpired in the last 20 years in the City of Benton Harbor. Then they sent an individual into our community to more or less take over the city and control it. I always say, and I've said this before, we are a city under siege and under occupation," said Cooke.

A lawsuit has not been filed in court and the commissioners were unable to say who the plaintiff or defendants would be in the class action suit.

"As soon as this class action lawsuit or injunction is filed you will surely know who the plaintiff is and you'll know who the defendant is," said Muhammad.

Commissioner Duane Seats II confirmed the city does have an attorney willing to take the case, but Muhammad said they did not. It was also unclear whether taxpayers would be responsible for paying for the lawyer

"I don't understand why that's a highlighted question of who is going to pay as opposed to us being focused on the laws and the violations of the constitution of the united states as well as the state constitution, that's the issue, not who's going to pay for the lawyer," said Muhammad in response to a question about whether citizens would have to pay the bill.

Muhammad said he is looking for a pro bono attorney.

Two commissioners, James Hightower and Byran Joseph, have come out against the lawsuit. They were not in attendance at the news conference.

"We have differences as well as an elected body. Here you see six commissioners, or five commissioners and the mayor and you don't see three, I can't speak for them," said Muhammad.

All commissioners contend the decision to announce the lawsuit was done in accordance with the Open Meetings Act, although Hightower expressed doubts when the announcement to hold a news conference was made on Tuesday.

"Any time you're in violation of Open Meetings Act it's to conduct business there was no meeting that consisted of more than four commissioners we never conducted any kind of business it was all by phone conversation, e-mail or text messages, which will not be a violation of the Opens Meeting Act, but everyone was informed," contended Seats.

So far, there has not been a resolution brought before the commission to file a lawsuit and no timetable was announced to put one on the floor.

"With all due respect, the majority is the authority," said Seats, in reference that six voting members of the commission are behind the suit.

The five commissioners and mayor have asked for Harris' resignation as EFM. If he refuses, they said they are speaking with Governor-elect Rick Snyder's administration to remove Harris as EFM.

Commissioner Seats said he understands why the city needs and EFM and would welcome a new EFM.

"We'd welcome him with open arms, we'll throw a parade," said Seats.

The commissioners also spoke against allegations the pending lawsuit is in retaliation for Harris taking away their paid cell phones. Muhammad said he would do the job of commissioner without a paid cell phone and without a stipend.