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Topic: Another ordinance violation in DCED
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untanglingwebs
El Supremo

Brown tried to protect Tracy Atkinson and gave her a vague Superintendent title and put her under civil service. She remains in that position.

A friend did a Freedom of information on the Director of DCED and was advised this title did not exist. Is Tracy illegally in a position not approved by council? Will the Director position magically reappear?

Will they try to bring in Wendy Johnson for the Director or other position in DCED? She does not meet the mimimal requirements.

§ 2-40 APPOINTMENT OF DIRECTOR OF DEPARTMENT.
The head of the Department of Community Development shall be known as the Director of Community Development and shall be appointed by the Mayor with the approval of the City Council and shall serve at the pleasure of the Mayor.

(Ord. 2074, passed 8-19-68; Am. Ord. 2549, passed 3-8-76)

§ 2-41 DUTIES AND RESPONSIBILITIES OF DIRECTOR.
The Director of the Department of Community Development shall have the following duties and responsibilities:

(a) The administration of Federal and State programs involving housing (except public housing); community development, renewal, preservation and conservation activities; relocation services; social services delivery programs; and such other Federal and State programs as may be designated by the Mayor or Federal statute.

(b) Shall, with the approval of the Mayor, have the authority to establish divisions within the Department and to appoint all subordinates and employees within the Department pursuant to personnel policies of the City developed pursuant to the provisions of Section 4-302 of the Charter.

(c) May, with the approval of the Mayor, adopt rules for the administration of the Department governing all personnel policies not governed by the provisions of Sections 4-301 and 4-302 of the Charter.

(Ord. 2074, passed 8-19-68; Am. Ord. 2431, passed - - ; Am. Ord. 2549, passed 3-8-76)

§ 2-42 MANAGEMENT OF FISCAL AFFAIRS.
The management of the fiscal affairs of the Department of Community Development shall be the responsibility of the Director of Finance of the City.

(Ord. 2283, passed - - )

ARTICLE IX. RESERVED
Post Sat Jan 09, 2010 5:46 pm 
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untanglingwebs
El Supremo

The reorganization of this department, parks and rec as well as transportation may be ill advised. (ordinances)

§ 2-1.2 CREATION OR REORGANIZATION OF EXECUTIVE DEPARTMENTS.
(A) No executive department required or permitted by the City Charter shall be created or reorganized without the prior authorization of the City Council.

(B) Violation of this section is considered a misdemeanor, punishable by a $500 fine and/or 90 days in jail.

(Ord. 3629, passed 11-22-04)
Post Sat Jan 09, 2010 5:51 pm 
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Derrick1965
F L I N T O I D

Well, people say Josh Freeman is the holy highness of the charter, why is he not speaking up?
Post Sat Jan 09, 2010 6:16 pm 
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untanglingwebs
El Supremo

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)


Sat Jan 09, 2010 11:14 am




untanglingwebs
F L I N T O I D

This ordinance covers appointees not department heads. They are illegal hires if their title and salary has not been approved by council:


ARTICLE XXI. PRINCIPAL STAFF OFFICIALS

§ 2-170 MAXIMUM NUMBER OF POSITIONS.
In accordance with § 4-202(b) of the Flint City Charter, the Mayor is hereby authorized to create

additional staff official positions, and their responsibilities, in the manner provided in this article, provided however, that there shall be no more than ten principal staff officials serving at the pleasure of the Mayor.

(Ord. 3195, passed 2-24-92)

§ 2-171 RESOLUTION AND DESCRIPTION REQUIRED.
Except as otherwise provided in this article, the Mayor shall, at least 30 days before a principal staff official position is created under this article, submit a resolution to the City Council stating the title and description of responsibilities of each such position.

(Ord. 3195, passed 2-24-92)

§ 2-172 DURATION OF POSITION.
A principal staff official position created under this article and approved by the City Council by adoption of a resolution shall continue until terminated, or its responsibilities are consolidated with another principal staff official position created under this article by the Mayor. The Mayor shall submit prior written notice of the termination of a principal official staff position, or the consolidation of the responsibilities of principal official staff positions created under this article, to the City Council.

(Ord. 3195, passed 2-24-92)

§ 2-173 EXPANSION OF RESPONSIBILITIES.
The Mayor may expand the responsibilities of a principal official staff position appointed under § 4-202a of the Flint City Charter or created under this article. In no event shall a principal official staff position be paid more than one salary for the expanded and/or consolidated responsibilities. The Mayor shall submit prior written notice of the expanded responsibilities of a principal official staff position to the City Council.

(Ord. 3195, passed 2-24-92)

§ 2-174 CREATION OF AUTHORIZED POSITIONS.
Within 15 days of the effective date of this article the Mayor may submit appropriate resolution(s) to the City Council identifying the title and description of the responsibilities of any position authorized to be created under this article, which position shall then have immediate effect. Thereafter, any position authorized under this article shall be created as prescribed in § 2-171.

(Ord. 3195, passed 2-24-92)


Sun Jan 10, 2010 11:41 am


untanglingwebs
F L I N T O I D

I am watching the Dec. 21, 2009 council meeting and it was Neeley and Loyd who challenged the newly formed Neighborhood Services Dept. and loyd even quoted the charter. I laughed when City Atty. Peter Bade stated he thought the Administration did not have to go before council to reorganize. The codes were recently revised so I am assuming the codes on the internet are accurate.


Sun Jan 10, 2010 1:56 pm
Post Sun Jan 10, 2010 2:03 pm 
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untanglingwebs
El Supremo

Peehaps the new superintendent position created by Brown in DCED is illegal as he too, illegally restructured the department.

After all Brown and Barry Wolf used this same ordinance on staff positions to dismiss several Williamson appointees as illegal hires.

§ 2-174 CREATION OF AUTHORIZED POSITIONS.
Within 15 days of the effective date of this article the Mayor may submit appropriate resolution(s) to the City Council identifying the title and description of the responsibilities of any position authorized to be created under this article, which position shall then have immediate effect. Thereafter, any position authorized under this article shall be created as prescribed in § 2-171.

(Ord. 3195, passed 2-24-92)
Post Tue Jan 12, 2010 10:29 pm 
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FlintCityMole
F L I N T O I D

Expect more of this stuff to come to light in the next couple weeks, also the public seems to be upset by these things. Tons of phone calls flooded city hall phone lines the last two days regarding the poor conditions of our streets.
Post Wed Jan 13, 2010 12:13 am 
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FlintCityMole
F L I N T O I D

I thought Josh Freeman was suppose to be the Messiah when it comes to Charter knowledge?

quote:
untanglingwebs schreef:
The reorganization of this department, parks and rec as well as transportation may be ill advised. (ordinances)

§ 2-1.2 CREATION OR REORGANIZATION OF EXECUTIVE DEPARTMENTS.
(A) No executive department required or permitted by the City Charter shall be created or reorganized without the prior authorization of the City Council.

(B) Violation of this section is considered a misdemeanor, punishable by a $500 fine and/or 90 days in jail.

(Ord. 3629, passed 11-22-04)
Post Wed Jan 13, 2010 12:14 am 
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Adam
F L I N T O I D

quote:
FlintCityMole schreef:
Expect more of this stuff to come to light in the next couple weeks, also the public seems to be upset by these things. Tons of phone calls flooded city hall phone lines the last two days regarding the poor conditions of our streets.


When are they going to get residential streets done?
Post Wed Jan 13, 2010 12:51 am 
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Dave Starr
F L I N T O I D

Ours was plowed yesterday afternoon.

_________________
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Pushing buttons sure can be fun.

When a lion wants to go somewhere, he doesn’t worry about how many hyenas are in the way.

Paddle faster, I hear banjos.
Post Wed Jan 13, 2010 9:08 am 
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untanglingwebs
El Supremo

Streets were dangerous Monday. I saw a car spin out by the Fire Station #1.
Freeman is picking his battles and Kincaid is being strangely quiet. Kincaid knows and isn't saying.
Since Barry Wolf was the lawyer who engineered Brown's appointments and eliminations and is also Walling's neighbor, I am sure he has advised Walling to fix up his mess. Walling is just arrogant.


quote:
--------------------------------------------------------------------------------
FlintCityMole schreef:
Expect more of this stuff to come to light in the next couple weeks, also the public seems to be upset by these things. Tons of phone calls flooded city hall phone lines the last two days regarding the poor conditions of our streets.
--------------------------------------------------------------------------------
Post Wed Jan 13, 2010 9:54 am 
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00SL2
F L I N T O I D

quote:
untanglingwebs schreef:
The codes were recently revised so I am assuming the codes on the internet are accurate. Sun Jan 10, 2010 1:56 pm
For City Ordinances the City of Flint's website redirects to http://www.amlegal.com/library/mi/flint.shtml where it states: " Flint, Michigan Code of Ordinances - This code contains the 2005 S-4 Supplement, current through Ord. 3650, passed 4-25-05."

In cases where it really matters, it would be a good idea to check with the clerk to see if the ordinance you're interested in has been updated since 4-25-05.
Post Wed Jan 13, 2010 12:07 pm 
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untanglingwebs
El Supremo

OOSL2 I plan on pulling the ordinance first from the law dept where everything should be accurate. It will be interesting to see if they deny me or make me file a FOIA as they have done that in the past. Just another way to make it difficult . BU it will make the complaint better.
Post Wed Jan 13, 2010 12:21 pm 
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untanglingwebs
El Supremo

It happened tonight. Eason told council he had been working 3 positions and was stretched too thin, Then he ststed he needed to have a Director of DCED. Remember this is a position the city claimed no longer existed after Tracy was made Superintendent.

Later after Wendy Johnson helped make the presentation, Jackie Poplar dropped the bombshell that Wendy was to be the new director of DCED and asked if it was a conflict-of interest. Johnson finally admitted it was true.

How will the City be able to afford both a Director and a Superintendent. And if Tracy was Superintendent of the department, why did Eason have to run the department?

Another issue is Lawlers desire to make the metawaunenee plan part of the master plan.

!) The process of making this area a historic district cannot be made by council and that is a key element of the plan;
2)The making of a historic district is the purview of the state and only after a lengthy time-consuming and tedious process.(much of the area will not qualify)
3) The desire of the Metawaunenee Hills group to receive state and federal funding may require a Citizens District Council and the city already has CDC's that are not receiving such funding.

The city needs to concentrate on reducing the deficit.


Last edited by untanglingwebs on Tue Feb 09, 2010 9:12 am; edited 1 time in total
Post Mon Feb 08, 2010 9:40 pm 
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Pachuco
F L I N T O I D

It's amazing what some people with soo much time on their hands do....
Post Mon Feb 08, 2010 9:52 pm 
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00SL2
F L I N T O I D

Webs asked "why did Eason have to run the department?" With a grin I quote from http://cityofflint.com/mayor/cityadmin.asp:


quote:
City Administrator

The City Administrator is appointed by the Mayor and, in his role as the city’s chief executive, is responsible for implementing City policies and ensuring that the community is served in a responsive manner.

The Office of the City Administrator has overall responsibility for the management and implementation of policies, rules and regulations promulgated by the Mayor.
The City Administrator's office is also directly responsible for several programs and projects of citywide importance, including:

* Organizational effectiveness
* Strategic planning
* Best practices & process improvement
* Intergovernmental relations
* Records management
* Support staff
* City Budget & Financial Planning
Must assume it also includes duties set forth in the city charter and code.
Post Mon Feb 08, 2010 10:26 pm 
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