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I'm Voting YES on Proposal C on Nov. 8th!
JOIN ME IN MOVING TOWARDS A BETTER DETROIT
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Good Day All:
Many have asked, Jenice - do you support the new Charter? How are you voting? Should I support it?
I am under certain limitations when representing the Charter Commission. But in this forum, the forum you and I have shared dating back to June 2009, I can speak my mind. You've been on BOARD WITH FORD this long, no need for me to abandon our open dialogue at this crucial election time -- when the rubber is finally meeting the road.
I will be voting YES on Proposal C on Nov. 8th.
YES, because the new Charter speaks to Ethics, Vision & Better Government.
YES, because this city is ready to move on from the past and toward accountable leaders and better government.
YES, because the people won in this process as the Charter Commission held 80+ public meetings, reviewed the nearly 600 proposals received from the public and now proposes a new Charter -- all based on public input.
YES, because the new Charter is better than what we have now.
YES, because having worked on this Charter for two years -- I have an intimate knowledge of: (1) the proposed changes; (2) the rationale/data supporting such changes; and (3) how these changes can lead to real change if implemented by skilled, well intentioned elected officials.
And selfishly, YES, because I have given this process and the citizens my best (as if I were working for a paying legal client) and I stand behind my work, energy and effort.
Is it a perfect document - No. Something like this can never be perfect because it is the result of balancing several interests and nobody can get everything they want. In my line of work, it is a sign of a good settlement when no party is 100% pleased.
One has to look at the entire document. Not whether your one issue is addressed, but if the document as a whole is best for the city.
In the end, the question is whether the new Charter is better than what we have. The answer to that question is YES.
Others say YES as well. Including endorsees like the Detroit NAACP, Michigan Chronicle, Retired Detroit Police & Fire Fighters Assoc., local ministers, state representatives and YES even a few quiet City Council members.
Others like you who are a part of the 'silent majority' that does not attend meetings or call into talk radio shows -- but who quietly express their opinions by voting. BUT, now is not the time to stay silent.
If you are YES on Proposal C -- say so! Spread the word to your friends, neighbors and family. Feel free to forward this email. Lets go viral with this!
So in closing, let me be clear:
YES, I support Proposal C.
YES, I will be voting YES on Proposal C on Nov. 8th.
How will you vote? . . . .
For more information on Proposal C see the following media items:
For more reasons to support Proposal C, see www.jenicemitchellford.com.
For a complete copy of the proposed Charter, visit www.2009dcrc.org or any Detroit Public Library, Police Station, Recreation Center or Neighborhood Access Center. Also, call (313) 628-2517 with questions, volunteer for election day activities, request a lawn sign or arrange for a presentation to be made to your neighborhood or church group on the contents of the new Charter.
Remember to GET ON BOARD WITH FORD as together we travel to a better Detroit.
Thank you for your attention to this correspondence and I hope to connect with you soon.
NOTE: IF YOU WISH TO BE REMOVED FROM THIS DISTRIBUTION LIST - I APOLOGIZE FOR ANY INCONVENIENCE, AND ASK THAT YOU SELF EMPLOY THE UNSUBSCRIBE FUNCTION AT THE BOTTOM OF THIS NEWSLETTER. THANK YOU.
Jenice Mitchell Ford, Chair
www.facebook.com/jenicemitchellford
NOTE: Per Michigan Campaign Finance law, a public official cannot use public resources to advocate a position for or against a candidate or a ballot proposal. This law does not apply to this communication because the production and transmission of this newsletter since its inception in June 2009 has, and continues to be, personally funded and NOT funded by public resources. Nor was the distribution list amassed using public resources or as a result of my work as a public official.
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It's Time To Turn Page - And Move This City Forward:
The 'Takeover Conspiracy' Does Not Apply Here!
By JENICE MITCHELL FORD, ESQ.
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On November 8th, Detroit voters will be asked a single question in Proposal C:
Shall the City of Detroit Home Rule Charter Proposed
By the City of Detroit Charter Revision Commission
Be Adopted? Yes ____ or No_____
Before you can answer this question, you should know for yourself what is actually in the proposed Charter because you read it, attended a credible presentation on its contents or reviewed a trustworthy summary. Please don't answer the question based on what someone told you with that person offering no support in the document and/or only relying on emotional theories of a takeover by outsiders.
The decision to support or oppose a new Charter is too important for us to get trapped by the same ole' argument of "them vs. us" that has held us back as a city and dare I say as a region and state. You know, like I know, that the easiest way to get Detroiters to oppose something is to mention a takeover of water and lighting.
That is why I am troubled that this argument is being raised in opposition to the proposed Charter - especially when the proposed Charter plainly includes the "vote of the people" language to protect water and lighting at Sections 7-1204 and 7-905, respectively. Again, if you read it - it is plain as day.
Thus, the real question is why are people so afraid of a new Charter that they would desperately resort to an argument that can be very easily disproven. Why? What is really going on?
Why are anti-Proposal C persons so desperate that they have now taken to airing my personal cell phone number at meetings and on television encouraging people to call me - people who have left threatening messages and now the police are involved.
Why are people so desperate to see Proposal C fail - a proposal that offers an opportunity for real change? What are we so afraid of?
Fear of CHANGE. Change is uncomfortable - but there can be no progression without it.
I know we've been through a lot as a city with recent scandals and with the current economic depression. I understand that now, more than ever, it is hard to place faith in government on the local, state and national levels. I get it - I really do. But isn't it time to turn the corner, to turn the page and start anew?
The proposed Charter includes provisions that would allow us to do just that. It focuses on ETHICS, VISION & BETTER GOVERNMENT.
I encourage you to equip yourself with the facts to answer the all important question of Proposal C on Tuesday, November 8th.
It's time to turn the page - and move Detroit forward!
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Stationery faux pas aside, City Council President Charles Pugh is wrong on new Detroit Charter
By Jeff T. Wattrick / MLive.com | |
Much has been made about Detroit City Council President Charles Pugh's letter-on Council stationery-asking voters to reject the proposed new City Charter.
The issue that captured everyone's attention is whether or not Pugh violated campaign finance laws by using city resources to send the email.
Based on the letter of law, according to Charter Commission Chairman Jenice Mitchell-Ford, he did.
"As you may be aware, the Michigan Campaign Finance Act, MCL § 169.257 prohibits a public official from expending public resources to urge constituents to vote for or against a candidate or ballot question. See MCL 169.257 (the "Act")," Mitchell-Ford wrote in response to Pugh. "The Press Release violates the Act as it: (i) was issued by you, a public official, in the capacity of Council President, either on behalf of the City Council as a body or you as an individual City Council member; (ii) was issued on official City of Detroit letter head; (iii) advocates a "NO" vote on Proposal C; and (iv) directs persons to contact your staff member Kirsten Ussery - an apparent city employee - at a City of Detroit email address to discuss your 'Vote NO on Proposal C' position."
Boom.
Of course, for all intents and purposes, the Council President could have avoided this tempest in a teapot with the fig leaf of "Pugh & You" letterhead and a Gmail address for Kirsten Ussery, his media contact. However, the weight of City Council President Charles Pugh's opposition to the new Charter would remain the same.
And that's the real the issue here--whether or not Detroiters approve the Charter this November will have significant ramifications for the city's future.
The crux of Pugh's argument is the new Charter doesn't give City Council as much power as it would like over city departments. The Charter actually expands Council's responsibility-including confirmation powers over the Police Chief, Fire Commissioner, Corporation Counsel, Human Resources Director, and Planning & Development Director. Pugh believes Council should have a say on all Department heads.
"Without the power to confirm a department head, and then re-confirm that person at the end of each year, there is no way council members can be accountable to their districts," Pugh's letter read. "Council members will be sitting ducks with no real power to affect change."
He has a point about confirming department heads. At present, mayoral appointees aren't subject to any kind of official scrutiny, which means one really bad mayor (cough Kwame Kilpatrick cough) can infect city government with the cancer of cronyism and ineptitude.
At the same time there's something to be said for not making the good the enemy of the perfect. Council presently has no confirmation powers. Under this new Charter they can confirm or reject the city's five most powerful appointed officials. That's a step in the right direction.
Pugh is also wrong that, absent full confirmation powers, Council is powerless. If there was any lesson to be learned from this summer's budget battle, it's that Council's power of the purse makes them like the longshoreman's union the docks. Nothing gets moved without their say-so.
Council could and should make discretionary budget decisions based on departmental responsiveness. Is the Parks Department responding to complaints through Council about uncut grass or dangerous playground equipment? The answer determines the fate of their budget request.
Frankly, Council could even refuse to budget any funds for a department that doesn't make its leadership available to the 13th Floor on a regular basis. Just the threat would be enough to bring the city's bureaucracy to Council's heel in a flash.
There may be many fine and good reasons for rejecting the proposed Charter, but the lack of significant new powers for City Council just isn't one of them.
© 2011 MLive.com. All rights reserved. |
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How The Charter Will Impact Your Daily Life:
Why You Should Vote On Nov. 8th
Ethics, Vision For Future & Better Government | |
What You Will Find In Proposed Charter
The Proposed Charter strikes a balance between: (i) answering the citizen's call to institute corrective measures to fight waste, abuse, fraud and corruption; (ii) using vision to include provisions that create much needed opportunities for job and industry growth for the citizens of Detroit; and (iii) instituting measures that are designed to lead to efficient government operations.
I. ETHICS & CORRUPTION - WHAT DO WE BELIEVE
We answered the clarion call to fix the charter allowing the City to quickly remove corrupt officials.
- Sec. 2.106. Ethical Standards of Conduct.
Adopted aggressive ethics ordinance which includes clear rules and penalties for breaking those rules. If you break ethics rules - you can be disciplined or lose your job if an employee, be removed from office if elected or appointed and in both cases you may have to pay a fine and face jail time. See Sec. 2-106.11 - Violations and Penalties.
Require lobbyist to register and disclose their relationships with elected officials and require businesses to report any solicitation of funds by elected officials in exchange of political favors. See Section 2.106.3 - Lobbying Registration and Reporting).
A company can be barred (or prohibited) from doing business with the city if found to be involved in bribery and corruption. For example, if this were in place - the city would be able to cancel the Synagro contract and Synagro couldn't seek to do business again with us for 20 years.
- Sec. 4-122. Approval of Contracts and Disclosure.
Require that contractors report any political contributions and expenditures made to a city elected official within four (4) years as a condition in their contract. See Section 4-122.
- Art. 7.5, Chapter 3. Office of Inspector General.
Created the Office of the Inspector General, an office designed to identify and investigate, waste, abuse and fraud/corruption in city government.
Person appointed for 6 year term by City Council, can only serve one term and must have bachelors degree and 10 years of experience in one or combination of being: (1) law enforcement officer; (2) a judge; (3) experience in investigating fraud and conspiracy; and (4) ability to work with law enforcement agencies.
Must report illegal activity to prosecutor.
- Sec. 2.107. Dismissal Proceedings.
Clearly spells out 6 reasons why an official must be removed (mandatory forfeiture of office).
It also provides 4 reasons why an official may be removed (permissive forfeiture of office). Before one could only be removed if found guilty of a felony. Now, an official can be removed if they plead guilty to a felony.
II. VISION FOR FUTURE - GROWTH
You can only cut so far, and once you cut to the bone - you can't cut any more. You have to grow yourself out of a depressed economy.
Many of the proposed revisions are designed to chart a path of growth, specifically our work to focus the planning and economic development resources of the City. We set four targets to harness the limited resources of city government. A focus on new industries and markets, a targeted and aggressive approach to recruit business, support and assistance to current businesses and a strategy to take advantage of international trade. We also sought to increase the city's focus on neighborhood and community development within the context of overall city or regional development. As we approach a period of economic recovery, people in Detroit should share the benefits of that recovery. Encouraging a strategy for growth will position Detroit for a prosperous future.
- Sec. 6-201. Planning and Development Department.
As a means to stimulate job growth and development for city residents, identified duties of this department as focusing on:
- Recruiting and supporting local business;
- Recruiting and supporting emerging industries; and
- Focusing on international trade as a means to stimulate job growth and development for city residents.
- Sec. 6-509. Green Initiatives and Technologies.
Calls for a "Green Initiatives and Sustainable Technologies Plan" or GIST Plan for the establishment, use and support of green initiatives, technologies and businesses, utilizing public and private partners.
What are green initiatives -- solar, wind, thermal and other forms of alternative and renewable energy production and uses, alternative fuels, or other sustainable technologies and endeavors.
Require city wide Recycling Plan that provides for the capture of the City's waste stream prior to disposal.
We now know there is money is sludge.
Did you know that recycling has economic benefits?
Jobs
Unlike the waste management industry, recycling adds value to materials, contributing to a growing labor force including: (1) Materials Sorters; (2) Dispatchers; (3) Truck Drivers; (4) Brokers; (5) Sales Representatives; (6) Process Engineers; and (7) Chemists.
These jobs also generally pay above the average national wage, and many are in inner city urban areas where job creation is vital.
Economic Development
The recycling and reuse industry consists of approximately 56,000 establishments that employ over 1.1 million people, generate an annual payroll of nearly $37 billion and gross over $236 billion in annual revenues.
Tax Revenues
The recycling and reuse industry generates billions in federal, state and local tax revenues (estimated at $12.9 billion in 2001).
III. BETTER GOVERNMENT - EFFICIENT USE OF YOUR TAX DOLLARS
Changed The Rules On How Government Handles Its Finances
Sec. 8-213. Revenue Estimating Conference.
Often the Mayor and City Council argue at budget time about how much money the city has or doesn't have.
To avoid this type of argument, we are requiring conferences twice a year where the Executive and Legislative branches -- Mayor, City Council and Auditor General's staffs -- come together to discuss the city's revenue and collecting money owed to the city.
The persons who must attend this meeting include: (1) Director of Finance Department; (2) Director of Budget Department; (3) Auditor General; and (4) City Council Fiscal Analysis Division .
Revenues would include general fund, solid waste fund, risk management fund revenues and revenues from enterprise agencies that require a general fund subsidy.
They shall consider any delinquent receivables and recommend the most efficient means to collect such revenue which could include collection by Law Department.
The hope is to go after money owed to the city but more importantly, if everyone has the same figures as to revenue, the budget process could be less adversarial.
- Sec. 8-212. Report of Budget Deficit.
Directors must notify Mayor and Budget Director of a deficit.
Within 10 business days of notification, the Budget Director shall request a hearing with the City Council to apprise it of the deficit and outline actions to remedy same.
- Sec. 7.5.105. Auditor General (Powers and Duties).
Allow the Auditor General (AG) to determine which agencies require the most attention - those that present the highest risk to the city.
Focus on high risk agencies identified in audit plan versus requiring an annual audit of each department.
This change will allow the AG to focus on the departments that present the most risk and room for fiscal improvement (i.e., police department with $30 million plus budget) instead of having to each year look at every department even those departments that don't present that much risk (i.e., ombudsperson's office with $1 million budget).
- Sec. 9.405. Elimination of Redundancy in Government.
To the extent you have departments doing the same things, we can no longer afford to have this type of repeat of action or redundancy.
The charter seeks to get rid of this by requiring the Mayor, City Council and Clerk to evaluate its programs noting which departments cover the same functions.
They have to report their findings and publish same for the Auditor General and public.
- Sec. 9-701. Risk Management Council.
This group has been expanded to include: (1) Corporation Counsel; (2) Chief of Police; (3) Finance Director, (4) Human Resources Director; (5) Inspector General; (6) Transportation Director; (7) City Council Designee; and (8) Chairperson appointed by Mayor.
It now has the power to implement measures to minimize risk presented by high risk departments which expose us to high cost lawsuits. Highest risk departments include Police, Transportation and Public Works.
Bring Government Closer To You - Democratization of Government
- Elected Police Commission (7 elected from districts; 4 appointees city wide).
- Re-instituted Citizens Advisory Councils
They will be in each non-at large district; all but 2 members would be elected within the district
The remaining members would be a high school aged student and a person focusing on senior citizen issues.
- Mayor and City Council required to hold evening Community meetings in each district.
- Required that certain Boards and Commissions have members selected from each city council non-at large district.
- Require elected officials to reside in City for one (1) year prior to running for office.
- Require City Council members, Community Advisory Council and Board of Police Commissioners running for district seats to reside in that district for 1 year.
IV. OTHER THINGS YOU WILL FIND IN CHARTER
- Sec. 3-108. Geographical Basis for Electing Council Members.
City Council elected by hybrid district/at-large system (7 districts; 2 at-large).
- Atlanta: 420,003 pop; 15 members; 12 districts, 3 at large; 35K to 1.
- Chicago: 2,896,016 pop; 50 alderman; 57,920.52 to 1
- Detroit: 714,000 pop; 9 members; 7 districts, 2 at large; 102,000 to 1
- Best practice is normally 60-70K - that would have required 11 council members (but no real appetite to increase).
- We've had 9 council persons since 1918.
- The number 9 has never been based on population.
1900: 285,704 (13th Largest City) 1960: 1,670,144 (5th Largest City)
1920: 993,078 (4th Largest City) 1980: 1,203,339 (6th Largest City)
1940: 1,623,452 (4th Largest City) 2010: 713,777 (18th Largest City)
- Sec. 4-103. Selection of Council President and President Pro-Tempore.
Council leadership to be selected by members, not elected by popular votes.
- Appointment of Fire Commissioner, Police Chief, Director of Planning and Economic Development, Director of Human Resources and Corporation Counsel shall be subject to City Council approval. However, if no disapproval within 30 days, the appointment is confirmed.
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CHARTER REVISION FACTS:
Facts That Defeat The Fiction You May Hear
If You Don't Know - Just Find Out!
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OK, lets turn to charter revision facts and some of the mis-information you may have heard about the proposed Charter.
- FACT: A real occurrence; a real thing that has been done; something having real or demonstrable existence.
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FICTION: the act of inventing a creation; a pretense that does not represent actuality but has been invented; a lie.
Unfortunately, there is a lot of mis-information or fiction being spread about the proposed Charter. Below, find Charter Facts.
Council By Districts Will Begin 2013 - Voting No Against The Proposed Charter Will Not Stop Districts
- On Nov. 3, 2009, voters approved Proposal D and amended the current Charter to include city council-by-districts to begin with the 2013 election.
- No matter whether the proposed Charter is approved or rejected, city council-by-districts will begin in 2013.
- In support of this soon coming system, the proposed Charter offers revisions that address council-by-districts.
Charter Is Being Revised in 2011 instead of 2018 Because City Council Called For The Question Early
- On Feb. 3, 2009, Council members Kenyatta and Jones introduced a resolution, it passed 6 to 2, calling for the charter revision question to be placed on the ballot.
- On May 5, 2009, Detroit voters voted to revise the Charter.
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On Nov. 3, 2009, the Charter Commission was elected.
- No judge has found that this process is illegal.
Any Election On Charter Held After Nov. 8th Will Likely Cost City $1.5M In Special Election Fees
- Nov. 8th is the only regular election before the Charter Commission goes out of business on May 5, 2012 when the Commission's three year term expires.
Charter Myth #1: If you vote "No" on the Charter the Charter Commission will/must go back to table and change the Charter to address your objection. This is the only way your individual issues can be addressed.
Charter Fact: The "fixing" of your issue can be the "unfixing" of someone else's issue. There is no guarantee that the Commission will be able to address your individual concern in some hypothetical 3rd option. The choice is between the current Charter and the proposed Charter. One should ask themselves, is the proposed document as a whole better than what we currently have.
The Commission has three options: (1) do not propose anything else and the City continue under the current 1997 charter until 2018; (2) place the same proposed Charter on another ballot for reconsideration at a $1.5M expense in special election fees; or (3) try and determine why the proposed Charter didn't pass and then place a revised version on another ballot to the tune of $1.5M in special election fees.
Charter Myth #2: The new Charter doesn't go far enough by giving a district City Council member power to fire, hire and direct all department heads. City Council should be able to confirm and re-confirm a department head every year.
Charter Fact: City Council currently has power to impact services. Plus, the new Charter actually expands that power. These powers, if actually used, will work in a district system.
- The "separation of powers" principle that you learned as a child in your elementary school civic class says City Council should not be allowed to hire, fire and direct department heads.
- This principle has worked for hundreds of years at the city, county, state and federal level. The Mayor runs operations. The City Council sets budget and makes laws.
- Anything with 2 heads is a monster. You can't have 1 department head reporting to 10 different people (1 Mayor and 9 City Council persons).
- Currently, City Council has powers to: (1) investigate, inquire and request that a department head resolve a complaint about services; (2) if the department head doesn't respond - City Council can issue a subpoena requiring that the department head respond; (3) set the city's budget for each department; and (4) pass laws/ordinances.
- City Council has only used its subpoena power twice in the last 20 years.
- City Council can impact city services because it controls the budget. If I have to come to you every year to get my budget approved, I will respond to you when you call me.
- Under the new Charter, City Council will have an additional new power to confirm 5 of the most powerful positions in the city: (1) Chief of Police; (2) Fire Commissioner; (3) Director of Planning and Development; (4) Director of Human Resources; and (5) Corporation Counsel.
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- In other major cities like San Francisco and Dallas - the districted city council doesn't have the power to hire and fire department heads, yet these cities work.
- It can work in Detroit too!
Charter Myth #3: The new Charter and Charter process is part of a Detroit takeover plan.
Charter Fact: No. The Detroit Charter revision process is a legal process started locally by Detroit City Council members, Kenyatta and Jones, not started by Lansing lawmakers, private foundations or outsiders to 'take over' Detroit.
- On Feb. 3, 2009, City Council members Kenyatta and Jones sponsored a resolution, approved 6 to 2, to place the charter revision question on the May 5, 2009 ballot - calling for the charter revision question earlier than scheduled for 2018.
- On May 5, 2009, voters voted to revise the City Charter. On Nov. 3, 2009 voters elected the Charter Commission.
Charter Myth #4: The Proposed Charter sets the stage for regionalization because it allows the City to eliminate inefficiency and operational duplication in government which may include the City entering into "cooperative agreements with other government entities as allowed by law." Section 9-405 (Elimination of Redundancy in Government).
Charter Fact: No. The new Charter is actually silent on the issue of regionalization.
- More importantly, the City does not need the Charter to allow it to enter into any type of regional agreements, which it has done over the years. State law allows intergovernmental agreements.
- In fact, Section 9-405 (Elimination of Redundancy in Government), which is pointed to as allowing for regionalization, is actually designed to force City government to periodically review its operations and determine if there are any inefficiencies caused by duplicate services, policies, activities and operations within city government.
Charter Myth #5: You should vote "No" because a Charter Commissioner now opposes the new Charter.
Charter Fact: Check the record, Commissioners' voting records are clear.
August 22, 2011
RESOLUTION TO ADOPT PROPOSED REVISED CHARTER
Yes: Blount, Coleman, Davis, Hunter, Johnson, Myers-Phillips, Mitchell Ford
No: Robinson
Charter Myth #6: Each City Council district will have its own governing structure under the proposed Charter allowing for the breakup of the City of Detroit into townships.
Charter Fact: No. Detroit is chartered as a city under the state's Home Rule City Act, not as a township. Before a township can be created, a vote of the people is required.
- The proposed Charter does not allow for, nor even address, the conversion of sections of the city of Detroit into townships.
- There will be one, single governing structure for the entire city of Detroit - not 7 individual governing structures for each district. For example, there will be one Planning Commission for the entire city made up of 7 members - not 7 Planning Commissions.
Charter Myth #7: Allowing City Council to select their own leadership prevents citizens from deciding who will be the Mayor in case of a vacancy.
Charter Fact: No. City Council President serves as the temporary Mayor until citizens ultimately select who will be the new Mayor. See Sections 3-105 and 5-109 of the proposed Charter.
Charter Myth #8: Detroit doesn't need a new Charter. It needs to abide by the existing Charter.
Charter Fact: While some now contend that Detroit doesn't need a new Charter, remember that 70% of Detroit voters who voted on May 5, 2009 decided otherwise. Further, Section 7.5-209 of the proposed Charter provides a mechanism for enforcing the Charter, which is absent in the current 1997 Charter.
Charter Myth #9: The Charter Commission is deceiving Detroiters in hope that they will vote for the proposed Charter.
Charter Fact: No. The Charter Commission is providing citizens with all the relevant facts before votes are cast on Nov. 8, 2011. Why would the Charter Commission (which is made up of Detroit residents) be motivated to deceive Detroiters with a document that Detroiters themselves created in view of the public and with public participation?
Charter Myth #10: The new Charter gives the suburbs the legal right to oversee and own Detroit institutions like the Zoo, Historical Museums and DIA.
Charter Fact: No. The proposed Charter retains the current language which guarantees that these institutions remain under the control and ownership of the City of Detroit.
- The fact that the City of Detroit has entered into operating agreements does not mean that its Charter obligation to maintain, operate and own these city assets are or can be given away.
- The proposed new Charter merely recognizes that some City-owned assets are currently operated on the City's behalf pursuant to an operating agreement, which doesn't give up City ownership.
Charter Myth #11: The proposed new Charter makes promises regarding residency and automobile and property insurance to make it attractive to you.
Charter Fact: Not true. The proposed Charter seeks to address the very real issues of residency and high insurance rates that impact Detroit residents. These issues were raised by citizens to the Charter Commission. Here are the facts:
- Residency: The revised Charter language merely recognizes that residency for city employees is regulated by state law and gives the City the opportunity to set a residency requirement as allowed by state law. State law currently allows a city to require certain employees like police officers to live no more than 20 miles outside of the city.
- City Sponsored Insurance Program For Automobile & Property Insurance: The intent of this revision is to instruct the city to confront this important issue. Instead of walking away and throwing its hands up claiming that such a idea is illegal or can't be accomplished, the proposed Charter requires the City to investigate what it would take to overcome any obstacles to establishing such a program and implement it where economically feasible.
Charter Myth #12: The proposed new Charter is only available via the internet and as an insert in the October 9, 2011 Sunday edition of the Detroit New/Free Press.
Charter Fact: The Charter Commission has a legal obligation to publish the proposed Charter city wide. It has opted to disseminate the proposed Charter via multiple means including: (1) hard copies at all public libraries, police stations and recreation centers; (2) internet & face book; (3) media outlets like Michigan Citizen, Michigan Chronicle and Detroit News/Detroit Free Press; and (4) calling 313-628-2517.
Charter Myth #13: The Council-by-District in the new Charter is not the Council-by-District approved by voters in 2009 because it reduces the power of City Council.
Charter Fact: The Commission changed the provision to reflect state law which requires that City Council, and not the Election Commission, draw the district boundaries. Also, the City Council President and President Pro-Tem will now be selected amongst City Council members instead of by popularity. Further, City Council powers were not reduced but increased with confirmation authority over key department heads.
Charter Myth #14: The new Charter allows City Council to remove Mayoral appointees.
Charter Fact: False. Nowhere in the new Charter is City Council given the power to remove Mayoral appointees, except for Corporation Counsel who is the attorney for both the Mayor and City Council.
Charter Myth #15: The Council-by-District provision of the current Charter, which was carried over to new Charter, violates the Voting Rights Act and U.S. Constitution.
Charter Fact: No. There has been no legal decision or opinion by any court that the language is illegal. Also, the language was reviewed by the Michigan Attorney General before its placement on the 2009 ballot and again in 2011 when it reviewed this new Charter.
Charter Myth #16: Community Advisory Councils ("CACs") only lobby City government and creates cities within the City of Detroit.
Charter Fact: No. CACs are designed to facilitate the value of Council-by-District by empowering area residents to provide input into the improvement of their own area by advising their City Council member. The hope is that if residents have a stronger voice in how their area is developed - it will lead to unity among the people, not division. The duties of a CAC, as stated in the proposed Charter, are broader than merely 'lobbying city government', and include educating citizens on government operations and the Charter. See Section 9-103.
Charter Myth #17: Section 6-102 (Planning and Development Department) creates a development czar, increases the costs of the Planning and Development department and concentrates city development in one office controlled by the Mayor.
Charter Fact: No. There is fundamentally little change from the current arrangement. The Planning Department is still under direction of Mayor. The Planning Commission is still under the direction of the City Council. The Mayor is responsible for developing and carrying out the Master Plan. However, the City Council - through the Planning Commission - has significant input into development of the plan. Finally, if there is any increase in costs - it will be minimal at best and necessary to accomplish economic development and job creation activities proposed in the new Charter which now include a focus on emerging industries and global trade.
Charter Myth #18: The new Charter reduces the power of City Council over budget matters by removing language related to City Council receiving budget data during budget development.
Charter Fact: City Council has the general right to request and obtain from the Mayor any and all information it needs to accomplish its duties, whether or not this right is stated in the Charter. As such, the City Council retains the unfettered right (whether stated or not) to request any information in furtherance of its duties, including requests for supporting data in connection with appropriations.
Charter Myth #19: The proposed new Charter allows departments to run a deficit.
Charter Fact: Not true. The new Charter does not allow deficits but provides a means to promptly report them and immediately correct them when they occur. A deficit must be immediately reported to Mayor and Budget Director, who in turn must, within ten (10) days request a hearing with City Council to apprise them of the deficit and their plan to fix it. See Section 8-212 (Report of Budget Deficit).
Charter Myth #20: The creation of an Office of Inspector General who is charged with investigating and prosecuting corruption, fraud, waste and abuse in city government is unprecedented and gives this person too much power, including the power to remove elected officials.
Charter Fact: One of the major issues citizens continuously brought before the Commission was addressing corruption and ethics in city government. Offices of Inspector General can be found in many cities, states and federal departments. Such an office has become common place in many major cities.
- The Inspector General ("IG") must report illegal activity to an outside prosecuting authority; s/he does not have power to remove an elected official.
- To address the concern of giving the IG 'too much' power, many checks and balances were placed on the Inspector General ("IG") including, s/he:
- Cannot make political contributions to city elected officials or solicit votes or contributions on their behalf
- Cannot hold city elected office for two years after s/he leaves the position
- Has no power to personally prosecute anyone, but can only recommend to the proper prosecutorial authorities that legal action be taken against individuals found to have engaged in illegal conduct
- Can be removed by a 2/3 vote of City Council.
- Cannot be reappointed
- Must issue quarterly public reports of his/her work (posted on the city's website)
- Must provide due process. See Sec. 7.5.301 et seq.
Charter Myth #21: Newly created Office of Inspector General duplicates efforts of Law Department, Ombudsperson and Auditor General.
Charter Fact: There is no office in city government whose sole duty is to investigate and take action on claims of waste, abuse, fraud and corruption. Also, the Inspector General has an absolute duty to report any illegality to a prosecutor. While some city offices and governmental bodies have investigatory powers those powers are limited to the purpose of their office. However, in all of these instances, whole classes of corrupt, fraudulent, wasteful and abusive conduct may go unaddressed. Creating an office dedicated to addressing these issues fills the gap in investigating these important matters.
For example:
- OMBUDSPERSON: Charged with power to investigate citizen complaints about city government regarding service and treatment. He or she is the middle man between a citizen and city government.
- AUDITOR GENERAL: Charged with auditing city functions and operations.
- LAW DEPARTMENT: May be directed by City Council or Mayor to head up an internal investigation.
- CITY COUNCIL: Among its other duties, may institute an investigation based on a particular matter of concern to them.
Charter Myth #22: New Charter language about a city sponsored automobile and property insurance program is a "trick" to get voters to approve the Charter because our current Charter allows city officials to investigate this matter and it is illegal for a city to own an insurance company.
Charter Fact: Far from a "trick," the proposed language in the new Charter on insurance assistance is a sincere attempt to responsibly address a valid citizen concern that affects the quality of life in the City of Detroit.
- The proposed Charter charges our public officials to directly address the burdensome issue of insurance costs by: (1) allowing the city to establish an insurance system where feasible; (2) prepare a public report which studies and investigates the necessary legal requirements for insurance assistance; and (3) prepare as feasibility study on the cost, maintenance and operation of such a system.
Charter Myth #23: You should vote "No" because new Charter doesn't include an Office of Disability Concerns.
Charter Fact: Such an office can be created outside of a charter revision. Also, "Warriors on Wheels" the very group that brought this issue before the Charter Commission does not oppose the new Charter.
- The Mayor and City Council can create and fund such an office outside of the Charter. Also, an office can later be created via a charter amendment.
- TIMING: An oral proposal, without supporting data or proposed language, to create an Office of Disability Concerns was first brought to the Commission on August 22, 2011. Almost two years after the revision process began and just 8 days before the proposed charter was due to the Clerk on August 30, 2011, in order to be on the Nov. 8th Ballot - the only regular election before the Commission's term expires on May 5, 2012. Any election other than Nov. 8th will cost the city at least $1.5M for a special election.
- 8 days did not provide enough time to responsibly consider the proposal, draft language, send it to the Governor for review, await his response and have the proposed Charter to City Clerk by August 30, 2011, in time to avoid special election costs.
- Remember, the only new office proposed to be created is the Office of Inspector General. It took the Commission at least 1 month to decide on the final proposal even after being presented with a written proposal including draft language supported by data.
- Again, 8 days did not provide the amount of time necessary for the Commission to take the very serious step of creating a new office.
Charter Myth #24: You should vote "No" because new Charter doesn't include an Office of Youth Services with a dedicated budget of 3% of the overall city budget.
Charter Fact: Such an office can be created outside of a charter revision.
- The Mayor and City Council can create and fund such an office outside of the Charter. Also, an office can later be created via a charter amendment.
- This proposal was never brought to the table for consideration or a vote by any Charter Commissioner.
Charter Myth #25: The new Charter allows the Mayor to veto an initiative or referendum undoing what the people want.
Charter Fact: Per Sec. 12-107, an ordinance that is made or undone subject to a citizens' initiative or referendum is subject to the same rules as all other ordinances. It can be approved by City Council and vetoed by the Mayor but that veto continues to be subject to override by the City Council. If the people want it and City Council has sent to Mayor for approval - ofcourse City Council can and likely will override the Mayor's veto.
Also, per Sec. 12-108 -- if the Mayor or City Council don't take action on a citizens' initiative or referendum relating to an ordinance, it will be placed on the ballot for vote by the people.
For this issue, you must read sections 12-107, 12-108 and 4-117 together.
This process applies to ordinances. It does not apply to an initiative or referendum regarding other issues such as a Charter amendment.
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CONTACT CHARTER COMMISSIONERS |
City of Detroit Charter Revision Commission
65 Cadillac Square, Suite 3210
Detroit, Michigan 48226
Gregory Hicks, Executive Director Lamont Satchel, General Counsel
Gail Partee-Williams, Administrative Assistant
CARA J. BLOUNT Blo...@detroitmi.gov
JENICE MITCHELL FORD, Chair
Mitche...@detroitmi.gov
www.jenicemitchellford.com | |
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