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City of Detroit Administrative Charter Recommendation Submission

City of Detroit Administrative Charter Recommendation Submission

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Published by Beverly Tran
In accordance with request of the Detroit Charter Revision Commission, this
memorandum delineates changes that the Bing Administration is requesting be made to the 1997
Detroit City Charter. Please note that language, which is recommended to be deleted, is lined
through and language, which is recommended to be added, is underlined. Each section, or
cluster of related sections, is followed by a Commentary, which explains the legal or policy basis
of the proposed change or changes.
In accordance with request of the Detroit Charter Revision Commission, this
memorandum delineates changes that the Bing Administration is requesting be made to the 1997
Detroit City Charter. Please note that language, which is recommended to be deleted, is lined
through and language, which is recommended to be added, is underlined. Each section, or
cluster of related sections, is followed by a Commentary, which explains the legal or policy basis
of the proposed change or changes.

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Published by: Beverly Tran on Dec 03, 2010
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11/08/2011

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December 2, 2010Jenice Ford, Chair2009 Detroit Charter Revision CommissionCadillac Tower Building, Suite 321065 Cadillac SquareDetroit, MI 48226Dear Ms. Ford:Thank you for the opportunity to present and delineate changes to the 1997 DetroitCity Charter, of which my Administration encourages. I realize the importance of this revision process to the future of our City and our ability to move forward. Pleaseknow that you have my full support as you complete your review process and begindrafting our new charter. Any assistance that I or my Administration can offer will beprovided.
Sincerely,Dave BingMayor
 
 
In accordance with request of the Detroit Charter Revision Commission, thismemorandum delineates changes that the Bing Administration is requesting be made to the 1997Detroit City Charter. Please note that language, which is recommended to be deleted, is linedthrough and language, which is recommended to be added, is underlined. Each section, orcluster of related sections, is followed by a Commentary, which explains the legal or policy basisof the proposed change or changes.
ARTICLE 2. GENERAL PROVISIONS
 
Sec. 2-101. Qualifications for elective officers and appointive officers.
 A person must be a citizen of the United States, a resident and a qualified and registeredvoter of Detroit, at the time of filing for, and while holding, any elective City office. In addition,a person who represents a City Council district must be a resident and a qualified and registeredvoter of the district, at the time of filing for, and while holding, the position of an electivemember of the City Council.A person must be a citizen of the United States, a resident and a qualified and registeredvoter of Detroit, at the time of assuming the duties of, and while holding, any appointive
 
cityoffice. However, this requirement does not preclude an appointive officer who is assigned to awork location outside the city from using a residence outside of the city.
COMMENTARY 
 The recommended change in this section clarifies requirements for City elective officersand City appointees. In particular, this section requires that a candidate for City Council who isrunning from a district is required to be a qualified and registered voter from the district wherehe or she seeks office.Section 3(d) of the Michigan Home Rule City Act, MCL 117.3(d), requires that our CityCharter prescribe the qualifications of elective and appointive officers. However, Public Act 212 of 1999, which became effective on March 10, 2000, precludes the City of Detroit fromrequiring that appointive officers be City residents as a condition of employment or promotion.
 
Sec. 2-103. Oath of office.
 Every elective officer and every appointee before entering on official duties shall takeand subscribe the following oath before the Detroit City Clerk: “I do solemnly swear (or affirm)that I will support the Constitution of the United States and , the Constitution of this state andthe Detroit City Charter, and that I will faithfully discharge the duties of office to the best of myability;” And shall file that oath, duly certified by th
 
e officer before whom it was taken, in theoffice of the city clerk. The original of the oath shall be filed in the Office of the City Clerk anda copy provided to the elective officer or the appointee.1
 
 
COMMENTARY 
  During City Council’s attempt to remove former Mayor Kwame M. Kilpatrick, it wasdiscovered that City elective officers are not required to swear or affirm that they will support the Detroit City Charter. The proposed change will remedy this omission.
Sec. 2-104.5. Rules of Construction.
 For purposes of this Chapter, the following rules of construction apply:
 Including or included.
Unless the contrary is expressly stated, are not words of limitation. They always mean “including but not by way of limitation” or “included but not byway of limitation.”
 Number and gender.
The singular number includes the plural, the plural number includesthe singular, and the masculine gender includes the feminine gender and the neuter.
Tense.
This Charter is to be regarded as speaking in the present and continuously. Forexample, the phrase "as provided by law" will incorporate the provisions of law as they changefrom time to time.
COMMENTARY 
 
For ease of the reader, the rules of construction that are contained in Section 2-105 of the 1997 Detroit City Charter have been moved to this section
Sec. 2-105. Definitions.
 As used in this Charter:1.
Agency
 
1
. means any department, office, multi-member body, or other organizationof city government and includes any elective officer, appointee, employee, or person acting orpurporting to act in the exercise of official duties subdivision of the Legislative Branch of Citygovernment.2.
 Appoint and hire.
A person is appointed means being named to a position in theexempt service and is hired for a position in the classified service as defined by section 6-517 .The exempt service comprises both compensated and uncompensated positions.
1
The term “agency” should be used through the Revised Charter where appropriate.
2

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