terrybankert
F L I N T O I D
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#2 The 1974 Charter and the Legislative Branch (City Council)
By: Terry Bankert [ note most of this is from a publication of the Charter Review Commission 1974]
The 1974 Flint MI USA Charter establishes the form of government for the City as the Mayor Council form. It permits refinements within the form of government by amendment rather than the more time consuming and costly process of Charter revision. Amendments to this charter may be proposed by either the legislative body of the City or the voters of the City and must be submitted to the Governor for approval prior to submission to the voters for their approval.[Flint City Charter 1-301]
What the citizens expected of their Charter is found in its preamble some buzz words are, equality, freedom, justice, effective government, fundamental human rights, equal rights, promote social progress, and guarantee that the City government serves the citizenry.
What is found in the declaration of rights is a guide on how to measure the legislative branch and mayor." 2. City officer pledge themselves to assure residents decent housing, job opportunities, clean air, clean waterways, sanitary cit, health care, convenient public transportation, recreational activities and facilities, and cultural enrichment." Each Flint elected official reaffirms a commitment to the principals of the charter in their oath of office. "...I will support the constitutions of the United States and the State of Michigan and the Charter of the City of Flint..." Here we then have a guide on how to measure a City Council. A further review of the charter will add more elements.
Our current charter gives the council only legislative powers. Executive powers are separated from the legislative powers and given to the Mayor. Such separation of powers offers a system
of checks and balances between centers of power which should produce more responsible and productive government.[Charter 3-101 - 3-103]
In the Charter each council person is the eyes and ears for up to 10,000 voters. As such we demand that the council be informed. To accomplish this we give special powers to the city council.
This Charter grants the City Council substantial powers of investigation. The council may as a group or committee look into the conduct of the City’s executive branch. This is an important check on the use of power by the mayor and his or her appointees. If the council uncovers any suspected wrongdoing, adjudication remains the responsibility of the courts.
The council may also use its investigative powers to study the nature and conduct of city business for the purpose of legislation. A legislature that can hold hearings and examine evidence can gather information needed to make laws intelligently..[Charter 3-203 - 3-204]
The charter also states "The more important a legislative matter, the more important it is for citizens to be involved in the decision making process."
The drafting of the budget is the mayors responsibility. He or she must present the budget to the council on or before the first Monday in April for its examination. The council must hold public hearings on the budget before the first Monday in June and should adopt the budget before the beginning of the City fiscal year July1.The council has the power to amend the budget. The mayor has an item veto on the amendment there are then provisions for overriding a veto. [Charter 7-101- 7-105] Implicit then is the assumption a council person will understand budget procedure and analysis.
The people of Flint have mandated that the City shall provide for public peace and health and for the safety of persons and property in the City; and they require that City officers promote respect for these rights and freedoms.[1974 Charter Preamble]
Following is a list of topics to measure the performance of a council by based upon the Charter. Granted these are buzz words from a well written document but they give us a means of measuring council performance. These concepts are:
1. equality,
2. freedom,
3. justice,
4. effective government,
5. fundamental human rights,
6. equal rights,
7. promote social progress,
8. guarantee that the City government serves the citizenry.
9. decent housing,
10. job opportunities,
11. clean air,
12. clean waterways,
13. sanitary city,
14. health care,
15. convenient public transportation,
16. recreational activities and facilities,
17. cultural enrichment.
18. support the constitutions of the United States and the State of Michigan and the Charter of the City of Flint.
19. responsible and productive government.
20. use its substantial powers of investigation.
21. hold hearings and examine evidence can gather information needed to make laws intelligently.
22. citizens to be involved in the decision making process."
23. understand budget procedure and analysis and the councils ultimate responsibility.
24. providing citizens with peace health and saftey.
Our current council should be measured against these concepts after a reasonable time in office. I would give them until after their first budget adoption process is completed mid summer.
Its time for you to become involved!
Article #3 will be the 1974 Charter and the Executive Branch (Mayor)
Your thoughts and comments are sought. My email address is below.
The Flint Citizen is a publication of Attorney Terry R. Bankert of Flint Michigan USA. http://enewsblog.com/terrybankert/
attorneybankert@yahoo.com
Terry R. Bankert P.C., 1000 Beach St., Flint MI 48503 810.235.1970 fax 234-5080 |
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