CITY -VS-CITIZENS, RE: BREECH OF CONTRACT

WILLIAMSON ,CITY COUNCIL VS CITIZENS OF FLINT, re:BREECH OF CONTRACT.
______________________
GOOD MORNING FLINT!
2/26/08
By; Terry Bankert
http://attorneybankert.com/
http://goodmorningflint.blogspot.com/
and posted to Flint Talk
http://www.flinttalk.com/viewforum.php?f=2
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WHAT IS A CHARTER ?

A Charter is a city’s constitution. It is like a contract in which citizens give authority and responsibilities to elected and appointed officals. In return, citizens require the government to meet their needs as city residents.[C]

FLINT - So, how much power does the Flint City Council actually have? [FJ]

Well, maybe not much. Its powers have been challenged and, council members claim, outright undermined lately. [FJ]

A charter outlines the structure of goverment, the election procedures and the obligation of the government to its people.[C]

Mayor Don Williamson last week proposed a 6.9-mill tax increase to help balance the budget and pay for police - an idea several council members immediately rejected. [FJ]

If the City ever wants to raise taxes beyond the one percent level, a Charter amendment vote will be necessary.[C]

The City is authorized to levt propety taxes at the rate of one percent(1%. Or 10 mills) of assessed value of all real and eprsonal property in the City.[FC-7-201 A.]

The provisions of this section shall not prevent the levy and collection of the full amount of taxes required by statute for the payment of the debt.[FC-7-210 C]

The value of city property is determnined by the city assessor who works for the adminstration. There are 2 ways to raise taxes,1. Raise property evaluations arbitrarity 2. Raise the mills. This admistration is doing both ,some say-me.[trb]

That doesn't mean the idea is dead, though. [FJ]

Typically, the council would vote to put such issues on the ballot, but instead, Williamson could push for a petition drive to circumvent council action. [FJ]

Iniative and referendum petitions must be signed by a number of City electors equilicant to at least five percent (5%) of the tiotal number of votes c ast for Mayor at the last regular Mayoral election.[FC]

It wouldn't be the first time. [FJ]

Consider:
Line -item vetor, the Charter gives the Mayor the power!
Williamson successfully used a line-item veto, which shifts the balance of power on budget issues more in his favor, though those traditionally have been a council stronghold. [FJ]

The council has the power to amend the budget. This is why the Mayor has an item veto over the budget resolutions only. All other ordinances and resolutions voted on by the council must deal with but a single topic and the mayor may veto them if he or she wishes.The budget is a very complex resolution encompassing many different subjects. If the council amends part of the mayors budget in a way that is unacceptable to him or her, the item veto can be used.[C]

Lets do a little home work here Journal?[trb]

The council approves almost no spending these days because of an ongoing budget dispute. But Williamson has been able to circumvent that ban, ordering millions of dollars to be spent using "emergency purchases" for everything from supplies to engineering services. [FJ]

The City Council created the emergency.[trb]

The Mayor shall take care that the laws be enforced..[FC 4-103]

The City Charter gives the council the power to confirm appointments to department head positions. Yet Williamson has sidestepped that by leaving the positions vacant and instead hiring interim or deputy department heads, such as interim Police Chief Gary Hagler and deputy Transportation Director John Carpenter. [FJ]

The head of each department shall be appointed by the Mayor in accordance with the law and with the approval of the City Council and serve at the pleasure of the Mayor [FC 4-203 C]

Williamson frequently is accused of violating the charter, the equivalent of the city's constitution that outlines the structure of city government. [FJ]

"What's frustrating to me is not to be able to have any balance in government," said Scott Kincaid, who has been on the council for more than 20 years, far longer than any other current member. [FJ]

We HAVE a basic check and balance system. Both are failing if the City Charter is being violated.[trb]

Williamson said there is no problem: He was elected mayor under a strong-mayor form of government. [FJ]

The City Charter provides for a .."responsible mayor" not strong mayor form of governemnt. The Mayor is elected to a 4 year term on a non partisan ballot.The Mayor will preside over the officals responsible for the day to day work of the City (line officals or department heads) and policy advisors (staff officers).The Mayor may propose legislation to the City Council and may veto legislation passed by the council. The City Council may override the veto with a 2/3 vote of its members elect,however.The City Council is a legislative body. It may introduce and pass legislation or it may vote on legislation proposed by the Mayor. The executive and legislative activites are separate and the two branches check each other.POLICY DECISIONS AND DIRECTIONS must ultimately come from the council. The Mayor is responsible for the performance of the government; he or she MUST MAKE THE CITY WORK AS THE COUNCIL DECREES IT SHOULD.[C]

We may have a Responsile mayor acting irresponsibly but the Flint City Council is equally irresponsible if it allows its power be be a check on the mayor to erode intentionlly unintentional or because they just do not knbow what the heck to do![trb-make me king for a day!]

"I love and respect the City Charter, and I go by it," Williamson said. [FJ]

Deeds are more important than words.[trb]

Olof Karlstrom, a member of the Charter Commission that wrote the document in 1974 and created the strong-mayor form of government, said he believes the mayor's appointments of temporary department heads does not follow the intent of the charter. [FJ]

Journal, ....we do not have a strong form of governemnt, ....get it right. Mr. Karlstrom is correct the Charter is being violated. Department heads must be presented to council for approval. Here is the concept. Each council person represents 10,000 of us. Now we cannot all fit in the council chamber so we elected these council people to represent us. The Departmemnt heads are being presented to us for approval though the council peoople we elected to do this for us.[trb]

But Karlstrom said the council is not powerless. [FJ]

"They can challenge these things," he said. "They just haven't figured out how to do that yet." [FJ]

Children can say they don’t understand, these adults should learn their job.[trb]

Other authors of the charter - all Flint-area attorneys - see the ongoing dispute as a continuation of the innate power struggle between the mayor and the council.[FJ]

Thomas Donnellan, also a commission member, said he doesn't see a charter crisis.[FJ]

"That's the tug of war between the mayor and the council," Donnellan said. "That's politics." [FJ]
But Councilman Jim Ananich calls the mayor a "dictator" who circumvents the council, regardless of what the charter says. [FJ]

I wish you would have stayed on the finance committee Jimmy.[trb]

"He does exactly the opposite of what you teach in a government class," said Ananich, a social studies teacher. "They're bound and determined to do what they want to do, regardless of the law." [FJ]

Jimmy you are equally guilty because the Flint City Council is bound and determined to whine like children that the play ground bully is beating them up. Are you people from Flint?[trb]

While there's no movement afoot, some council members are considering changes to the charter, a move that would have to be approved by city voters. [FJ]

Carl Bekofske, who was on the Charter Commission, said he doesn't see the need for an overhaul. [FJ]

"There would always be room for interpretations, no matter what you did," Bekofske said. "We're still interpreting the Constitution, and we've had that for more than 200 years." [FJ]

The Mayor of the City of Flint and the Flint City Council are in breech of contract with the citizens of Flint. Where is that Charter COP when you need one?[trb]

Posted here by
Terry Bankert 2/26/08
http://attorneybankert.com/

PS. Leave Inez Brown alone!
http://blog.mlive.com/flintjournal/newsnow/2008/02/flint_clerk_calls_lawsuit_friv.html


*** WHERE DID THIS STUFF COME FROM---
[FJ]
FLINT
THE FLINT JOURNAL FIRST EDITIONMonday, February 25, 2008
By Joe Lawlorjlawlor@flintjournal.com • 810.766.6312
http://www.mlive.com/news/flintjournal/index.ssf?/base/news-49/1203956411148220.xml&coll=5

[C]
The New Flint Charter a 1974? Publication of the 1974 Charter Revision Commission

[FC]
Flint City Charter
http://www.amlegal.com/library/mi/flint.shtml

[trb]
Comments of Terry Bankert
http://attorneybankert.com/

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