A person seeking elective office must be a citizen of the United States, a resident and a qualified and registered voter of the City of Detroit for one 1 year at the time of filing for office, and retain that status throughout their tenure in any such elective office.
In addition, any person seeking office from a non at-large district must be a resident and qualified, registered voter in such district for one 1 year at the time of filing for office, and retain such status throughout their tenure.
For any appointive city office, a person must be qualified to perform the duties of the office at the time of assuming the office and at all times while holding the office. Every elected officer serves for 4 years, beginning on January 1 after the election. The term of every elective city officer is four 4 years and commences at noon on the first 1st day of January after the regular city general election.
Every elected officer must swear to support the Constitutions of the United States and the State of Michigan. If any section of the Charter is found to be invalid, this does not void the rest of the Charter. If any provision of this Charter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Charter.
For purposes of this Charter, the following rules of construction apply:. Including or included. Number and gender. The singular number includes the plural, the plural number includes the singular, and the masculine gender includes the feminine gender and the neuter. This Charter is to be regarded as speaking in the present and continuously.
For example, the phrase "as provided by law" will incorporate the provisions of law as they change from time-to-time. A Public Servant who, in the course of his or her duties, exercises significant authority shall not:. A lobbyist who lobbies within the city government shall be required to register with the City and file a report of his or her lobbying activity. All documents filed by lobbyists shall be filed with the City Clerk, be a public record and additionally published electronically on the World Wide Web or other format.
Public servants are prohibited from lobbying or appearing before City Council or any city department or agency for one year after their employment ends with the City. Subject to state law, for one 1 year after employment with the City, a Public Servant shall not lobby or appear before the City Council or any City department, agency, board, commission or body or receive compensation for any services in connection with any matter in which he or she was directly concerned, personally participated, actively considered or acquired knowledge while working for the City.
All city contracts will include a clause that makes the contract void if a public servant who is party to the contract fails to disclose a personal interest in the contract. Contracts are also voidable if a lobbyist or employee of the contractor offers a prohibited gift or gratuity to a public servant in relation to the contract If a contractor violates anything in this section of the charter, they will be assessed a fine.
Violations of this section of the charter will be referred to the appropriate prosecutor.
Such contract shall also be voidable or rescindable if a lobbyist or employee of the contracting party offers a prohibited gift, gratuity, honoraria or payment to a Public Servant in relation to the contract. A fine shall be assessed to the contractor in the event of a violation of this section of the Charter.
ARTICLE 2. GENERAL PROVISIONS
If applicable, the actions of the contractor, and its representative lobbyist or employee, shall be referred to the appropriate prosecuting authorities. Appointees, appointive officers and employees are prohibited from engaging in campaign activities using City property or engaging in such activity during working hours. The Mayor, City Council members and City Clerk are prohibited from soliciting appointees, appointive officers and employees to work on political campaign activities using City property or during working hours.
The independent Board of Ethics has of 7 members who are City residents and not elective officers, appointees or employees of the City at any time during their board membership.
The Detroit Charter and City Government
The independent Board of Ethics shall consist of seven 7 members who are City residents and not elective officers, appointees or employees of the City at any time during their board membership. Such appointments shall be made after applications are received, reviewed and interviews conducted.
Members shall serve for a term of five 5 years, up to two 2 consecutive terms not to exceed 10 years. Such terms shall be staggered.
Members of the Board of Ethics are subject to removal for cause. All public servants, contractors and subcontractors must cooperate with the Board of Ethics. Any Public Servant who willfully obstructs an investigation of the Board of Ethics is subject to forfeiture of office, discipline, debarment or any other applicable penalty.
The requirements under this section shall be incorporated into all City contracts, where legally necessary for application and enforcement.
DETROIT CHARTER RESOURCES
It shall be the duty of every Public Servant, contractor and subcontractor and licensee of the City, and every applicant for certification of eligibility for a City contract or program, to cooperate with the Board of Ethics in any investigation pursuant to this article. Any Public Servant who willfully and without justification or excuse obstructs an investigation of the Board of Ethics by withholding documents or testimony is subject to forfeiture of office, discipline, debarment or any other applicable penalty.
All penalties associated with this section of the Charter are in addition to the civil and criminal penalties available to the City under applicable law. The City shall annually appropriate funds sufficient to enable the Board of Ethics to perform its duties. Funding shall be in accordance with section Proportional Funding for Oversight Agencies.
All elective officers and candidates must disclose all campaign contributions. Every elective officer or candidate for election shall make public their campaign contributions and expenditures by filing a report or reports thereof as required by state law. Any elective officer being considered for forfeiture is entitled to a public hearing Notice of the hearing and the charging resolution shall be published in a daily newspaper of general circulation in the City, and by electronic posting available to the public, at least fourteen 14 days in advance of the hearing.
City Council may request that Corporation Counsel retain an outside legal advisor to assist it regarding the interpretation, application and enforcement of the rules for the hearing, admissibility of evidence, objections and other legal issues arising in connection with the proceedings. A city appointee who is removable for cause may not be removed under this subsection without an opportunity for a hearing before the appointing authority.
A copy of the charges shall be furnished at least fourteen 14 days in advance of the hearing.
Detroit City ortocentr73.rusion 01 10 2019
All City appointive officers and employees, except elective officers and those whose compensation is stated in collective bargaining contracts made effective under section , employed by the City and paid either in part or in whole from City appropriations shall be compensated in accordance with pay plans which have been initiated only by the Mayor and approved by the City Council through adoption of a resolution.
The salaries of all City elective officers shall be determined by an Elected Officials Compensation Commission, which shall be created by an ordinance containing provisions as required by state law. All city appointive officers and employees, except elective officers and those whose compensation is stated in collective bargaining contracts made effective under section , employed by the City and paid either in part or in whole from city appropriations shall be compensated in accordance with pay plans which have been initiated by the Mayor and approved by the City Council through adoption of a resolution.
Where applicable, the salaries of all city elective officers shall be determined by an Elected Officials Compensation Commission, which shall be created by an ordinance containing provisions as required by state law.
All members of a multi-body party created by the Charter receive NO compensation, but will be reimbursed for actual and necessary expenses incurred by their position.
Except as otherwise expressly provided, the members of every multi-member body created by this Charter or under section of this Charter shall serve without compensation but may be reimbursed for actual and necessary expenses incurred in the performance of their duties. Any multi-member body created in this Charter or under section may select its officers and adopt rules of procedure.
A majority of its members constitutes a quorum.
Unless otherwise provided for in this Charter or in the Detroit City Code, each term begins on the fifteenth 15th day of February and ends on the final February fourteenth 14th of the term. All city department director, agency head or multi-member body shall comply with this section. Before creating any rules of conduct, a city agency must publish a notice of public hearing in a daily newspaper of general circulation at least 4 weeks before the hearing.
Allow interested persons the opportunity to submit written recommendations and comments. No rule is effective until it has been published in a daily circulating paper Emergency rules can be declared in writing by the Mayor of City Council and take effect immediately, but will only be in effect for 60 days while proper procedure is completed.
Written comments and recommendations received up to the time of the hearing will be read into the record. All records of the City must be made available to the public as required by the Freedom on Information Act. The City of Detroit, through its Executive Branch departments and Legislative Branch agencies, is prohibited from making a contract with, or giving an official position to, one who is in default to the City. The City of Detroit, through its executive branch departments and legislative branch agencies, is prohibited from making a contract with, or giving an official position to, one who is in default to the City.
Detroit Charter and Government Oversight. Contact us to shedule a presentation and discussion in your neighborhood. Be a resident of the City and your district if running for a district seat for one year at the time of filing to run for office Be a qualified and registered voter A person seeking elective office must be a citizen of the United States, a resident and a qualified and registered voter of the City of Detroit for one 1 year at the time of filing for office, and retain that status throughout their tenure in any such elective office.
Term of Office Every elected officer serves for 4 years, beginning on January 1 after the election The term of every elective city officer is four 4 years and commences at noon on the first 1st day of January after the regular city general election. Severability If any section of the Charter is found to be invalid, this does not void the rest of the Charter If any provision of this Charter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Charter.
Definitions and Rules of Construction As used in this Charter: Agency means, where appropriate and unless indicated otherwise, one or all of the following: any department, office, multi-member body, subdivision of the Legislative branch of City government or other organization of city government and includes any elective officer, appointee, employee, or person acting or purporting to act in the exercise of official duties.
Appoint means being named to a position in the exempt service.
Appointee means a person holding either a compensated or uncompensated position. Appointive office or appointive officer means compensated positions and appointees holding compensated positions. City means the City of Detroit. City Council means the legislative body of the City of Detroit. Confidential Information means information obtained by a Public Servant by reason of his or her official position concerning the property, government or affairs of the City or any office, department or agency thereof, not available to members of the public pursuant to the Michigan Freedom of Information Act or other applicable laws, regulations or procedures.
Contractor means a party who, or which, seeks to enter, or enters, into a contract with the City of Detroit for the delivery of goods or services, but does not mean one who seeks to enter, or enters, into a personal services contract, as defined in this section, with the City. Corrupt Conduct means the conduct of a Public Servant, in carrying out his duties, that violates applicable laws or the Standards of Conduct articulated in this Charter.
Director means the administrative head of any department or agency regardless of the title of a particular director.
District or ward means a district drawn on a geographical basis, which constitutes a political unit from which members of the City Council, Board of Police Commissioners and Community Advisory Councils are elected. Employee means a person employed by the City of Detroit, whether on a full-time or part-time basis.
Exempt service means both compensated and uncompensated positions. Filling of vacancies means, except as otherwise provided by this Charter, whenever a vacancy occurs in any appointive position, the vacancy shall be filled by appointment for the unexpired term, if any in the manner provided for the original appointment.
Hire means being employed for a position in the classified service as defined in section of this Charter.
Lobbying means all communications with a Public Servant for the purpose of influencing legislative or executive action. Multi-Member Body means any board, commission, or other organization of City government. Official Act means any action, omission, decision, recommendation, practice or procedure of any agency.
Personal services contract means a contract for the retention of an individual to perform services on behalf of the City of Detroit for a fixed period and for fixed compensation. Proceedings means, with respect to City Council, any gathering of that body for purposes of conducting the legislative affairs of the City of Detroit.
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It includes, but is not limited to, hearings, council meetings, committee meetings and other council related activities where the body is required to convene by law or Charter to execute its legislative function, as dictated by law, Charter or ordinance. Public Servant means the Mayor, members of City Council, City Clerk, appointive officers, any member of a board, commission or other voting body established by either branch of City government or this Charter and any appointee, employee or individual who provides services to the City within or outside of its offices or facilities pursuant to a personal services contract.
It shall be that place at which a person habitually sleeps, keeps their personal effects, and regularly lodges. If someone has more than one 1 residence, or a residence separate from that of their spouse, the place where the person resides the greater part of the time will be considered their official residence. Any relevant judicial interpretation of these terms shall be applicable.
Detroit city charter pdf merge
Retain distinguishing legal representation other than the Corporation Counsel means the temporary hiring of outside legal counsel. Serving and present means, when calculating an ordinary or extraordinary majority of: City Council members serving, vacant City Council seats are not included: and City Council members present, neither vacant City Council seats nor those of absent members are included.
Vacancy means that the position of any elective officer or appointee is deemed vacant upon death, resignation, permanent disability or dismissal from the position in any manner authorized by law or this Charter.
Voter of the city or city voter means a person who has the qualifications of and is registered as an elector of the City of Detroit under state law. Willful Neglect of Duty means the intentional failure of a Public Servant to perform the duties of his office.