Former Detroit City Councilwoman Sharon McPhail was fired Monday as the chief administrative officer of a troubled Detroit charter school, but she's refusing to leave.

McPhail was terminated by Bay Mills Community College, the authorizer for Detroit Community Schools.

"She's not cooperating," said Tom Shields, the spokesman for the college. "She is saying Bay Mills has no legal grounds" to fire her.

Consequently, Shields said, "Bay Mills will be seeking a court order to have her removed."

McPhail's firing is among a series of steps the college is taking to address issues caused by McPhail's failure to maintain the proper school administrative certification by the state.

The college also announced that the school board has been temporarily suspended. And a conservator has been appointed to oversee the school.

The Free Press in September reported that for the second time in two years, the Michigan Department of Education had fined the school because McPhail lacked proper certification. District leaders in Michigan must have an administrative certification, which requires either a master's degree or completion of credit hours toward a master's degree.

The MDE has fined the school more than $200,000. Officials said at the time of the Free Press report that the department had collected $100,188 from the school, but it still owed $122,387 in fines.

"It is our responsibility to make sure our schools are operating in accordance with state laws," Mickey Parish, the college's president, said in a news release. "The school's refusal to bring its operation in compliance has now put the school in financial jeopardy. Our action today protects the students, their families and teachers and allows the school to continue operating without disruption."

Shields said McPhail's certification issues — and the financial problems it had created — "was putting the school in jeopardy."

The college had refused to certify the school — a certification needed for the school to receive financing — because of the issues surrounding McPhail.

McPhail did not respond to email or voice messages Tuesday.

The conservator, Nancy Berkompas, has been given four key tasks:

Bringing the school into compliance with state law by "retaining a chief administrator with proper state certification."

Obtaining proper financing that will allow the school to continue operating.

Addressing the penalties assessed by the MDE

Resolving any other issues related to the college's notice that it intends to revoke the school's authorization.

The release says the board will be reinstated once the issues have been resolved.

Berkompas is currently the governance specialist for the college's charter school office.

Detroit Community Schools, which opened in 1997, serves about 650 students in grades K-12. Students at the school have struggled academically: Just 7 percent of the school's elementary and middle school students are proficient in all subjects on the Michigan Student Test of Educational Progress, compared with 40 percent statewide, according to data on www.mischooldata.org. At the high school, 22 percent were proficient in all subjects, compared with 40 percent statewide.

McPhail has been in a leadership role since 2012 — having first been hired with the title of superintendent.

In addition to her stint as a city councilwoman, McPhail served as general counsel for former mayor Kwame Kilpatrick, who is serving a 28-year prison sentence for federal corruption crimes.

McPhail, who has run for Detroit mayor before, was a frequent foe of Kilpatrick's until shortly before she was hired as his counsel in 2006. In 2003 — when she was on the council — she accused Kilpatrick of being behind the tampering of the electric back massager on her chair, calling him a thug and bully and saying the tampering was in retaliation for her refusing to back a deal pushed by Kilpatrick's administration. Though it was reported by multiple news outlets at the time — and investigated by police — she denied ever making the claim during a radio interview in 2008.

McPhail has a law degree and bachelor's degrees from Northeastern University School of Law in Boston. She has practiced law privately, served as division chief in the Wayne County Prosecutor's Office and served as a federal prosecutor.

Read more:

Michigan fines Detroit charter school — again

Charter school's closure shocks students

Contact Lori Higgins: 313-222-6651, lhiggins@freepress.com or @LoriAHiggins