TO: The Detroit Charter Revision Commission

FROM: The Detroit City Council

DATE: November 23, 2010

RE: DETROIT CITY COUNCIL’S SUPPLEMENTAL RECOMMENDATIONS TO

THE DETROIT CHARTER REVISION COMMISSION ADDRESSING
STRUCTURE OF GOVERNMENT
________________________________________________________________

The Detroit City Council submits these recommendations for consideration for inclusion
in the proposed Detroit City Charter. This supplemental memorandum addresses the sections
relative to structure of government and balance of power issues.1

§3-106 Geographical basis for electing council members.

Language has been added to reflect a Council-by-Districts structure.2

Proposed Language

The City shall be divided into districts for the election of members of City Council.
There shall be seven (7) council districts and one (1) at-large district established in the city and one
(1) member shall be elected from each council district and four (4) members shall be elected at
large.

The City Council shall draw and/or revise the boundaries of the districts within sixty (60) days after
the figures from the Federal Decennial Census become available. The criteria in redistricting shall
be equality of population, contiguous territory, compactness, natural boundaries, and all other
applicable law. New district boundaries created within one hundred twenty (120) days of a city
primary election shall become effective after the General election.

1
This supplements City Council’s previous memorandum dated November 19, 2010, regarding other Charter issues.
2
Section 3-107 (Nominating Positions) will also have to be revised to correspond to the structure established bus
Section 3-106.

1
§4-103 Selection of Council President and President Pro-Tempore
Language has been added to provide for City Council’s election of its leadership from the (4) at-large
members.

Proposed Language

The President and President Pro-Tempore of City Council shall be selected by majority vote of
members serving from the at-large membership of the body for the four (4) year term.

If a vacancy or an absence occurs in the position of city council president the president pro-tempore
shall succeed to the position of president. If a vacancy or an absence occurs in the position of the
president pro-tempore, the city council shall then select a president pro tempore for the remainder of
the unexpired term or until the absence ends, as the case may be, by majority vote.

§4-113 Separation of Powers

Language has been added changing the title of this section, and eliminating the prohibition on
interference with administration in the current Charter, and authorizing Council to interact with
executive branch officials to the extent necessary in performance of the duties of their offices.

Proposed Language

City council or its members, to the extent necessary in the performance of the duties of their offices,
may communicate with city officers and employees who are subject to the direction and supervision
of the mayor, with respect to the provision of city services, and to the extent practicable and
consistent with mayoral control of city government departments, exercise management supervision of
the performance of the directors and personnel of city government departments.

§ 5-102 The Executive Branch

Language has been added eliminating the exclusive implementation of administrative functions by
the executive branch, and authorizing Council to interact with executive branch officials to the extent
necessary in performance of the duties of their offices.

Proposed Language

Except as necessary in performance of the duties of city council members’ offices, administrative
authority for the implementation of programs, services and activities of city government shall be the
responsibility of the executive branch.

2
§5-103 Mayoral Appointments
Language has been added empowering Council to confirm appointments and termination of
department heads.

Proposed Language

The mayor may appoint a secretary and other necessary assistants.

Except as otherwise provided by law or this Charter, the mayor shall appoint, and the city council
shall approve, each department of the executive branch a director who serves as head of the
department. As used in this chapter, "director" means the administrative head of each department
regardless of the title or interim status of a particular director. However, if the city council does not
disapprove of the appointment within thirty (30) days, the appointment is confirmed. Each Director
can be removed by the mayor with the approval of city council.

§ _- 100 Corporation Counsel

New Article Located Under Neither The Executive Nor The Legislative Branches

A proposed new location has been suggested, under neither the executive nor the legislative branch
to reflect the independence of the position. Language has been added addressing the role of city
council in removing corporation counsel without cause, and subjecting corporation counsel to
removal pursuant to the provisions of section 2-107.

Proposed Language

The law department is headed by the corporation counsel. The mayor shall appoint the corporation
counsel, subject to approval of the city council. However, if the city council does not disapprove of
the appointment within thirty (30) days, the appointment is confirmed.

The mayor, with the approval of city council by majority vote, may remove the corporation council
without cause. The corporation counsel may be removed for cause by either the mayor or city
council pursuant to section 2-107, paragraph 3.

The corporation counsel shall be responsible for advising and representing both the legislative and
executive branches, and the elected and appointed officials thereof, in connection with their official
duties and responsibilities.

3
§ 8-210 Amendments After Adoption
Language has been added requiring the Mayor to communicate the existence of unexpected surplus
revenue during the fiscal year to City Council.

Proposed Language

Excess Revenue Reporting After Budget Adoption: During the fiscal year, the mayor shall advise
the city council whenever there are revenue collections in excess of those estimated in the
budget.

Thank you for the opportunity to provide these recommendations. If this Body has any
other questions or concerns, please do not hesitate to contact us.

________________________________
Charles Pugh, President
Detroit City Council