terrybankert
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FLINT CITIZEN- [#4] Flint MI USA Executive Branch 12-02-2005
By: Terry Bankert [ This issue reviews the Executive Branch in the Flint City Charter as described by the Flint Charter Commission in a document it produced in 1974, some of the writers opinions have been added]
The Flint City USA Charter creates a legal framework and set of expectations that citizens can interact with the city in its policy development and execution. Checks and balances are integrated within the frame work of each administrative office. Where applicable state law , such as in the treasures position, will give further dimension. Note also that the federal law ,city code and each departments promulgated rules and procedures inform citizens of their rights and create standards to measure the performance of our city.
MAYOR
The voters in Flint MI USA elect a Mayor to a four year term. The Mayor will be the chief executive officer of the City responsible for the day-to-day administration of City business. In addition the Mayor will have broad leadership responsibilities. He or she must deliver the " State of the City" address in which the progress, problem, and possible courses of action for the city are outlined for the public. This address will summarize the Mayors policy and planning leadership during the course of the year and set goals for the coming year.
CITY ADMINISTRATOR
The Mayor with Council approval appoints a City Administrator who will serve at the Mayors pleasure. The City Administrator will be the Mayors chief of operations and will handle the Mayors responsibility for the day-today operation of the City’s affairs. A full time professional Administrator should free the Mayor to handle the planning and other leadership responsibilities so important to the successful direction of the City. The Mayor will be answerable for the actions of the City Administrator. If this person does not perform responsibly, it will be the Mayors duty to find a replacement.
EXECUTIVE STAFF AND LINE OFFICIALS
The Charter distinguishes between line (department) and staff functions. A line official is responsible for providing services directly to the public. A staff official advises the Mayor. There can be no more than 10 staff members. The number of line departments is also limited to 10. The limitation is designed to eliminate excessive patronage.
The top staff officials and the heads of departments serve at the pleasure of the Mayor. These top officials will serve the Mayor in fulfilling his administrative and policy planning responsibilities. Because the Mayor is ultimately responsible for these areas of City business these officials will serve at the pleasure of the Mayor.
The Charter neither requires nor prohibits the creation of specific departments. Instead it requires that the City, by ordinance, must provide for the administration of specific City functions. Several functions could be combined under the direction of one department head. The structure of the administration is up to the Mayor and the Council.
PERSONNEL
It is the responsibility of the Mayor have a fair and effective personnel policy.
The Charter retains the merit principal in City employment, but changes the function of the civil service commission to one of adjudicative.
The responsibility for the formulation and administration of personnel policy will fall upon the chief of personnel.
Someone on the Mayors staff must be given the responsibility for labor relations. The City Council must approve all labor contracts including those negotiated by the head of labor relations, before they can become effective.
TREASURER AND ASSESSOR
These offices are required by state law and have clearly established duties. They will be members of the classified service. The mayor can fit these persons into the chain of command as he/she sees fit.
PLANNING
It is critically important that a mechanism be established in City Government which facilitates comprehensive City planning and regular plan review. Without such a mechanism the Council and Mayor could easily fall to making zoning and development decision decisions in a piecemeal day-to-day fashion. Such short sighted decision making can have fatal consequences for the continued attractiveness and viability of the city.
The Planning commission is an agency that can research, propose and review plans for development for the City. Provisions are made for Citizen review of planning through hearing.
The charter places the responsibility for City Planning under the leadership of a person who is directly responsible to the Mayor. Clarification of the lines of responsibility for planning should give citizens better access to the planning mechanism. If the work of the chief planning officer is unsatisfactory the electorate can go directly to his boss the Mayor.
Conversely by making a single officer responsible to the chief executive alone instead of dividing the planning functions... The mayor should be better able to coordinate the City’s present planning development activities with its long and short range goals.
Once a plan has been drawn up the Charter requires that it be made public and ample time be permitted for citizens to study it prior to a public hearing. The state law helps to assure citizens a good and wise plan by requiring the Planning Commission to review the Mayors proposed plan.
LAW
The Charter makes the chief legal officer the legal agent for the city. It also details circumstances in which city agencies may seek counsel independently. In addition to defending the city as a corporate body in suits brought against it and acting as prosecutor for the city when it wishes to bring suit, the chief legal officer must assist City official in drafting legislation and by providing legal counsel on matters pertaining to official functions.
Underlying theses simple words of the charter are the foundation assumptions of professionalism , an electorate that cares to become involved and a media to let us know what is happening in our city regarding the real long term issues. Without these foundations the charter can be ignored, citizens kept out of the process and those elected , appointed and their friends enjoying personnel inurement.
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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