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rapunzel
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City of Flint, MI Code of Ordinances
PART I: CHARTER
CITY OF FLINT, MI CHARTER
ARTICLE III. LEGISLATIVE BRANCH
The following are excerpts from the city charter pertaining to the Ombudsman office- proposed ballot issue… February 28, 2006: ( place ballot language here)RAP
Sec. 3-501 Ombudsman.
A. The Ombudsman shall be appointed by a two-thirds (2/3) majority of City Council members elect.
B. The initial appointment shall be made within three (3) months after the date on which the first City Council elected under this Charter takes office.
(Adopted by the electorate, 11-5-74)
Sec. 3-502 TERM OF OFFICE.
A. The Ombudsman's term is seven (7) years.
B. The initial appointment shall be made within three (3) months after the date on which the first City Council elected under this Charter takes office.
(Adopted by the electorate, 11-5-74)
Sec. 3-503 VACANCY.
If a vacancy occurs in the office of the Ombudsman, the City Council shall, within sixty (60) days, fill the office for a seven (7) year term.
(Adopted by the electorate, 11-5-74)
Sec. 3-504 JURISDICTION.
A. The Ombudsman may investigate official acts of any agency which aggrieve any person. The authority of the Ombudsman extends equally to all agencies.
B. The Ombudsman shall have no power to investigate any matter under the jurisdiction of the Civil Service Commission.
C. The Ombudsman, in accordance with Section 1-801 of this Charter, shall establish rules for receiving and processing complaints, conducting investigations and hearings, and reporting findings. No fee shall be levied for the filing or investigation of complaints.
(Adopted by the electorate, 11-5-74)
Sec. 3-505 POWERS OF INVESTIGATION.
A. The Ombudsman may request and shall be given necessary assistance and information by each agency.
B. The Ombudsman may subpoena witnesses, administer oaths, take testimony, require the production of evidence relevant to a matter under investigation, enter and inspect premises within the control of any agency during regular business hours, and establish rules of procedure in accordance with Section 1-801 of this Charter.
C. To enforce a subpoena or order for production of evidence or to impose any penalty prescribed for failure to obey a subpoena or order, the Ombudsman shall apply to the appropriate court.
(Adopted by the electorate, 11-5-74)
Sec. 3-506 DELEGATION OF POWERS.
The Ombudsman may delegate in writing to a member of his or her staff the power to administer oaths and take testimony. A delegation is revocable at will and does not prevent exercise of any power by the Ombudsman.
(Adopted by the electorate, 11-5-74)
Sec. 3-507 CORRESPONDENCE FROM PERSON DETAINED.
Any letter to the Ombudsman from a person in a place of detention, penal or otherwise, under the control of an agency shall immediately be forwarded unopened, to the Ombudsman.
(Adopted by the electorate, 11-5-74)
Sec. 3-508 CONSULTATION REQUIRED.
A. No report or recommendation that criticizes an official act shall be announced until every agency or person affected is allowed reasonable opportunity to be heard with the aid of counsel.
B. Thereafter, if the Ombudsman believes it necessary to make a formal report, a copy of any statement made by an agency or person affected shall accompany the report
.(Adopted by the electorate, 11-5-74)
Sec. 3-509 REPORTS.
The Ombudsman shall report at least annually to the City Council action taken under this Chapter. All reports shall be made public.
(Adopted by the electorate, 11-5-74)
Sec. 3-510 DUTY TO REPORT ILLEGAL ACTS.
If the Ombudsman has probable cause to believe that any elective officer, appointee, employee, or member of an agency, or any person doing or seeking to do business with an agency has committed or is committing any illegal act, the Ombudsman shall promptly refer the matter to the appropriate authorities.
(Adopted by the electorate, 11-5-74)
Sec. 3-511 OBSTRUCTION.
The office of position of any elective officer or appointee who willfully and without justification or excuse obstructs any investigation of the Ombudsman by withholding documents or testimony may be forfeited.
(Adopted by the electorate, 11-5-74)
Sec. 3-512 IMMUNITY.
The Ombudsman and staff shall be, to the full extent permitted by state law, immune from any suit based on any report or communication performed within the scope of official duties.
(Adopted by the electorate, 11-5-74)
Sec. 3-513 LIMITATIONS.
The Ombudsman may not hold any office of trust or profit other than that of Ombudsman, or engage in any occupation for profit outside the duties of this office.
(Adopted by the electorate, 11-5-74)
Sec. 3-514 REMEDIES CUMULATIVE.
The remedies of this Chapter are additional to those provided under any other law.
(Adopted by the electorate, 11-5-74)
Sec. 3-515 SALARY AND OTHER COMPENSATION.
The salary and other compensation of the Ombudsman is equal to that of the City Clerk.
(Adopted by the electorate, 11-5-74)
Sec. 3-516 STAFF.
The Ombudsman shall be granted a budget adequate to allow such staff as is reasonable and proper for the performance of the duties of said office. All staff members shall be appointed by and serve at the pleasure of the Ombudsman.
(Adopted by the electorate, 11-5-74)
Sec. 3-517 REFERENDUM.
The question of whether the office of Ombudsman shall be retained shall be submitted to the voters of the City of Flint at the general election of November, 1980. If the question fails, the office will terminate on the first day of the following January.
(Adopted by the electorate, 11-5-74)
Disclaimer:
This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.
For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.
§ 1-160 FORM OF SUBPOENA BY OMBUDSMAN.
For the purpose of enforcing Section 3-505 of the Charter of the City of Flint, subpoenas may be issued by the Ombudsman in the name of the people of the City of Flint and shall be signed and sealed by the Ombudsman.
(Ord. 2703, passed 4-2-79)
§ 1-161 REFUSAL TO COMPLY WITH SUBPOENA PROHIBITED.
It shall be unlawful for any person served with a subpoena issued by the Ombudsman as provided in § 1-160 to appear and testify or to produce books, papers and other evidence in the course of an investigation pursuant to Section 3-505 of the Charter, to refuse or neglect to appear or testify or produce the books, papers and other evidence as commanded in the subpoena. The provisions of this section are cumulative and aren't intended to have any effect on the power of the Ombudsman to take other action to compel the production of evidence.
(This I copied to compare the investigative powers of City Council) RAP
(Ord. 2703, passed 4-2-79) Sec. 3-205 INVESTIGATION.
The City Council may make investigations into the affairs of the City and the conduct of any City agency pursuant to Section 3-206 [of this Charter].
(Adopted by the electorate, 11-5-74)
Sec. 3-206 INVESTIGATIVE POWERS.
A. The City Council may subpoena witnesses, administer oaths, take testimony and require the production of evidence in any matter pending before it or any of its committees.
B. To enforce a subpoena or order for production of evidence or to impose any penalty prescribed for failure to obey a subpoena or order, the City Council shall apply to the appropriate court.
(Adopted by the electorate, 11-5-74)
Sec. 3-207 PROHIBITION OF INTERFERENCE IN ADMINISTRATION.
Except for purposes of inquiries or investigations in accordance with Section 3-206, the City Council and its members shall deal with City officers and employees who are subject to the direction and supervision of the Mayor solely through the Mayor, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately.
(Adopted by the electorate, 11-5-74 |
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Mon Jan 16, 2006 9:38 pm |
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rapunzel
Guest
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PROPOSAL 1
Flint City Charter Amendment
City Wide Community Police Program
Millage Renewal
Shall section 7-201(A)(1) of the Charter of the City of Flint be amended to authorize renewal of the existing millage of 2 mills($2.00 per $1000.00)on taxable valuation as finally equalized from July 1,2006 through June 30,2011 for the purpose of funding a city wide community police program? It is estimated that 2 mills would raise approximately $3,185,029.00 in the first year of renewal.
PROPOSAL 2
DISSOLUTION OF THE OFFICE OF OMBUDSMAN
Shall the Flint City Charter be amended by deleting 3-501 through 3-517 which currently provides for the Office of the Ombudsman for the City of Flint?
This language means... if you want to support the renewal (not an increase just the same amount you are currently funding) on Community Police Program VOTE YES! on proposal 1.If you do not support this renewal Vote NO on Proposal 1.
On PROPOSAL 2 - If you want to delete the city advocates office from the charter- Ombudsman -Vote Yes on Proposal 2 .If you want to retain the office of Ombudsman and have the council elect a new appointee for a 7 year term-Vote NO on proposal 2. |
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Tue Jan 24, 2006 12:05 am |
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rapunzel
Guest
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| Should have said citizen's advocate not city advocate! oops |
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Tue Jan 24, 2006 12:13 am |
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