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Topic: Police Chief Ordinance

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Josh Freeman
F L I N T O I D

Hello All....

I've attached a copy of an Ordinance that I wrote concerning the appointment of a Police Chief.

It's the culmination of about a year and a half of meetings that I and a pretty diverse group of folks from throughout the city have been having. We've been talking about the future of Flint, the direction that we think that it should be going, and how best to do that.

One theme that came up again and again was that of crime and the lack of a police chief. There is no accountability for the issue of crime in this community. Furthermore, there is a huge void in leadership for the department. Combine that with the no confidence vote of the rank and file and the unanimous vote of the City Council and clearly there is a need for a professional and qualified Police Chief.

Frankly there has been a lot of talk about a lack of a Police Chief but very little action. We believe that this is the action.

It is important to note that this is not just about Mayor Williamson. This ordinance puts a time line on both the Administration and the Council to act. It also applies to future Administrations so hopefully this won't happen again.

We presented this to the City Council at their committee meeting last Wednesday. Because of the weather there were only a few there and they moved it to Special Affairs on Monday. I am hopeful that there are enough votes for them to move this for first reading and a public hearing in two weeks.

Any help in moving this issue forward would be greatly appreciated.

I'll keep you all informed as this ordinance moves through the process.


2-76.1 APPOINTMENT OF POLICE CHIEF – TIMELINE

An ordinance to amend Chapter 2 of the Code of the City of Flint, Article XII, by amending Section 2-76 by the addition of a Section 2-76.1 providing for the timely appointment of a Chief of Police.

IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CITY OF FLINT:

Sec. 1. That the code of the City of Flint shall be amended by amending Chapter 2, Article XII, Section 2-76 by the addition of Section 2-76.1 which shall read as follows:

(1) The Mayor shall within no less than 45 days of the enactment of this ordinance and henceforth from the date of swearing in, submit to the Flint City Council a candidate for Chief of Police for the City of Flint who meets the minimum qualifications that were on file with the City of Flint’s Personnel Department on June 30, 2004.
(2) Within 2 weeks of submission of a nominee, the Flint City Council shall vote on the name submitted for Chief of Police in accordance with the Flint City Charter.
(3) If the nominee fails to obtain the required votes, the Mayor shall submit within 30 days a new nominee for the position of Chief of Police who meets the minimum qualifications that were on file with the City of Flint’s Personnel Department on June 30, 2004.
(4) Within 1 week of the second submission of a nominee, the Flint City Council shall vote on the nominee in accordance with the Flint City Charter.
(5) If the nominee fails to obtain the required votes, the Mayor shall submit, within 10 days, a new nominee for the position of Chief of Police who meets the minimum qualifications that were on file with the City of Flint’s Personnel Department on June 30, 2004.
(6) Within one (1) week of the third submission of a nominee, the Flint City Council shall vote on the nominee in accordance with the Flint City Charter.
(7) This process shall continue as laid out in (5) and (6) until a nominee is confirmed for the position of Chief of Police.
( 8 ) Failure to comply with any section of this ordinance shall be cause for the forfeiture of the office of any elected official.

Sec. 2 This ordinance shall become effective immediately upon adoption.
Post Sat Feb 09, 2008 10:20 am 
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00SL2
F L I N T O I D

Existing:

ARTICLE XII. DEPARTMENT OF POLICE

§ 2-75 CREATED.
There is hereby created a Department of Police in accordance with Section 4-203 of the Charter of the City of Flint.

(Ord. 2547, passed 2-23-76)

§ 2-76 POLICE CHIEF TO BE HEAD OF DEPARTMENT; APPOINTMENT.
The head of the Department of Police shall be known as the Police Chief and shall be appointed by the Mayor with the approval of the City Council and shall serve at the pleasure of the Mayor.

(Ord. 2547, passed 2-23-76)
--------------------
Sec. 4-203 EXECUTIVE DEPARTMENTS.
A. The City shall, in accordance with law, create such executive departments as may be necessary to administer the responsibilities of the City for public safety, public works, utilities, parks and recreation, transportation including aviation, finance, community development, and environmental protection.

B. The City may, in accordance with law, on recommendation of the Mayor, create and reorganize departments as may be necessary to meet the needs of the citizens for public services and facilities.

C. The head of each department shall be appointed by the Mayor in accordance with law and with the approval of the City Council and shall serve at the pleasure of the Mayor.

D. There shall be not more than ten (10) executive departments.

(Adopted by the electorate, 11-5-74)
Post Sat Feb 09, 2008 10:47 am 
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Josh Freeman
F L I N T O I D

And as you can see... there is no timeline provided. Thus the ordinance.
Post Sat Feb 09, 2008 11:27 am 
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00SL2
F L I N T O I D

Josh, since you're so deeply involved in this maybe you can refresh our memories as to the facts behind the need to make a different appointment than Gary Hagler? Other than this, which makes me ask why Hagler wasn't approved by City Council:

"Williamson named Gary Hagler interim police chief when he gained control over the city July 1, 2004, but Hagler never has been approved by the council."

Source:
http://blog.mlive.com/flintjournal/newsnow/2007/11/williamson_taps_ally_buchanan.html
Accessed: February 9, 2008
Post Sat Feb 09, 2008 8:07 pm 
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last time here
Guest

that is a good question. why hasn't hagler been confirmed by council? Shocked

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Post Sat Feb 09, 2008 8:20 pm 
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Josh Freeman
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The Mayor never presented him for approval.

When I was on Council the Administration was talking about it,,, I had talked with Gary about it and said that I would have voted for him at the time, but he was never brought forward...

There are rumors that he doesn't want the official appointment because he does not have enough time to retire... if he gets the appointment he would leave the union and any protection that it offers.....If the Mayor is unhappy with his performance and he gets canned... Hagler's 20 some years of service are down the drain....
Post Sun Feb 10, 2008 9:40 am 
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00SL2
F L I N T O I D

Are there rules that say he would have to leave the union to be approved by city council? Also, couldn't he go back to the union if he left the appointed chief's position? As acting chief is he still a member of the union now?
Post Sun Feb 10, 2008 4:22 pm 
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Josh Freeman
F L I N T O I D

quote:
00SL2 schreef:
Are there rules that say he would have to leave the union to be approved by city council? Also, couldn't he go back to the union if he left the appointed chief's position? As acting chief is he still a member of the union now?


I do not believe that the Chief's position is part of any bargaining unit. So once he signs the contract he leaves his bargaining unit.
Post Mon Feb 11, 2008 7:51 am 
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