Answer: The council
and the mayor, acting cooperatively.
Hiring, for example.
The mayor nominates each department head, and
the council must approve.
The mayor cannot appoint any department head
without approval of council, since council sets the
pay. If
the council does not approve of the nomination, the
mayor’s appointment fails.
If the mayor does not appoint someone within
30 days of a vacancy, or within 30 days of taking
office, he loses the right to nominate a candidate
for the appointive office, and council makes the appointment.
Evaluations of department heads must be done by Council,
or by its designate, the City Administrator.
Meanwhile department heads have full authority
to discipline, suspend, and fire their employees,
without interference by the mayor-- only the council
is to give “confirmation” if there is a question about
it.
After a department head is appointed by the Mayor, and accepted
by Council in terms of providing a salary, then the
department head works at the “pleasure” of the Council
for an “indefinite” term.
The Council can terminate any department head
by majority vote.
Note that Sec. 4.10 (g) says the Mayor can
appoint and remove department heads, “except as otherwise
provided” in the charter.
In 1988, the charter was amended so that 4.9
would prevent a mayor from firing a department head,
as happened with a police chief at that time, so 4.9
supercedes 4.10(g).
Obviously the department heads must satisfy the Council at
all times, regardless what the Mayor asks them to
do, because Council sets their salaries.
Nor can the mayor remove an employee by making their job
obsolete. It
is up to the Council to create administrative jobs
and decide what duties will be assigned to those people.
If the City employs a dog catcher, and the
Mayor does not want a dog catcher working for the
city, he cannot end the position unilaterally.
He must convince the Council to make that change
and abolish the post.
It is the duty of the Council to listen to
the Mayor’s recommendations. Sec. 4.10 (k).
Cooperation is the key so that the Council and Mayor will
work together in all these things.
The charter is vague about who supervises the department
heads. In
Chapter 4, the clerk and treasurer are told to report
to Council, while the police chief, fire chief, and
DPW director are said to report to the Mayor.
Employees report to Council. This is a distinction
without a difference since the Council sets out the
duties of the police chief and all other department
heads, sets their salaries, and can terminate any
of them. Obviously
the DPW director will not obey the Mayor about a particular
item, knowing the Council thinks otherwise.
The Council has one “soft spot” in its ability to enforce
its authority.
Council can act only twice a month at regular
meetings. When
events occur between meetings, it is difficult for
the Council to set things right until the next regular
meeting, and then it is even more difficult if the
Council is not informed of what happened.
The solution is for the Council to be more active in gaining
information about the City, and staying in communication
with the Mayor.
I recommend that individual Council members
systematically sit down with the Mayor and talk to
him about issues affecting the City.
The more we know, and the more we stay in step
with the Mayor, the more likely we can keep the City
running smoothly.
It is important that the Council and Mayor work together
so as not to send mixed signals to our department
heads. Our
department heads want to know what to expect, and
hearing different signals from different directions
would make their jobs extremely unpleasant.
Charter citations:
4.1 Council is composed of seven members, mayor and six councilmen.
4.1 Mayor is executive head of the city.
See also 4.10 (a)
4.1 Council is legislative body of the city and has power
and authority, except as in this charter or by statute
otherwise provided, to exercise all powers conferred
upon or possessed by the city.
4.1 Council has power and authority to adopt such laws, ordinances
and resolutions as it shall deem proper in the exercise
thereof.
4.8 Council may create new department heads (“administrative
appointive officers”) by ordinance and set any responsibilities
or duties for them.
Council is not required to have the new department
head report solely to the mayor.
4.8 Mayor has until mid-January to appoint department heads
after his election to office, not 30 days as stated
in the charter, because his appointments must be approved
by Council and would normally be done at a regularly
scheduled meeting.
Therefore the fourth Monday of the month is
the mayor’s last chance to nominate a department head
when the Mayor is starting his term of office.
4.9. The appointive
administrative officers or department heads shall
be responsible to the Mayor, but shall serve at the
“discretion and pleasure of the Council for an indefinite
term,” and shall have their compensation fixed by
the Council.
4.9 The Council shall have the power by simple majority to
remove from office any appointive administrative officer
or department head.
4.9 In case the
Council shall so remove an appointee of the Mayor
[or in case the appointee resigns], the term of office
of such appointee shall terminate, and the Mayor shall
proceed to fill the vacancy so created in accordance
with the provisions [above].
[If the mayor fails to appoint someone within
30 days of the vacancy, the Council may appoint someone.]
4.10 (b) Mayor has one vote on council, same as other council
members, but no veto power.
4.10 (g) Except as in this charter otherwise provided, Mayor
shall have power of appointment and removal of all
appointed administrative officers and department heads.
4.11 The Administrative Assistant Officer, if the Council
decides to create one, shall be accountable and responsible
to the mayor for the performance of his duties.
He shall assist the mayor as directed by him,
etc. (Note: as with other department heads, however,
Council sets the salary and has the power to terminate
him, so he would not serve the mayor in opposition
to the council.)
4.11 (a) The City Administrator has the authority to supervise
and evaluate the department heads.
4.20. Department
heads have the right to supervise, discipline, and
fire their employees.
This may require confirmation by the Council
if there is some question about it.
5.7. Any vacancy
in the office of a department head is filled the same
way as the original appointment. If
a department head quits in April, the mayor has 30
days to nominate a replacement, otherwise the Council
should replace the person.
QUESTION:
Does the City Administrator work for the Mayor
or the Council?
ANSWER: Both.
The Charter contains a provision which seems
to say that the “Administrative Assistant” works for
the Mayor. However,
the Charter says elsewhere that all department heads
work “at the pleasure” of the Council.
The description of “Administrative Assistant” is somewhat
similar to the job duties of a City Administrator,
but not exactly.
It does say the “Administrative Assistant”
is obliged to keep the Council informed of the budget
and the city’s finances, and any other “needs” of
the City. Section
4.11(b). This
provision says nothing about any independent duty
of the city administrator to keep the mayor informed
separately. Since
the mayor is a member of city council, the mayor would
be kept informed either way.
It is up to the Council to make sure we have an ordinance
in place creating the City Administrator position,
setting the job duties, and specifying who has supervisory
control. We
already have a job description which we have agreed
to. We
don’t want citizens taking isolated snips out of the
Charter and making it appear that any one individual
has control of the City Administrator other than this
Council. Charter citations:
Sec. 4.8, Council may create administrative
offices, and prescribe the functions and duties of
department heads.
QUESTION:
Does the City Attorney work for the Mayor or
the Council?
ANSWER: Both.
The City Attorney is in an awkward situation
if asked by one for advice against the other.
The charter seems to contemplate a harmonious
relationship between mayor and council, and does not
provide for dispute resolution as between them.
Therefore it is the duty of both the mayor
and the council members to foster cooperation as between
and among themselves, for the betterment of the city.
4.12. The Attorney shall be attorney and counsel for the
city, and shall be responsible to the Council.
He shall act as legal advisor to the Mayor,
and be attorney and counsel for the council and all
of its members relating to city business.
Any board or commission of the city may contact
the attorney directly for a written opinion.
QUESTION:
Does the Mayor have a duty to enforce and follow
union contracts negotiated by the city with its employees?
ANSWER: Yes.
Under Sec. 4.10 (h), duties of the mayor, “He
shall see that all terms and conditions imposed in
favor of the City or its inhabitants, and any public
utility franchise or other contract, are faithfully
kept and performed.”
Sec. 12.2 states that the authority to enter into a contract
vests with the Council.
Union contracts are among the most important for the City.
These Contracts give our employees the right
to file grievances, and have their disputes aired
in front of an impartial, outside arbiter or mediator.
Certainly the employees would not want their
contracts disregarded and their disputes politicized.
The Charter contains a provision stating that an employee,
if fired, may come before Council within 10 days and
have his situation heard.
Sec. 4.20.
This provision was written in the 1960’s, long
before the unions came into being.
This provision is therefore obsolete, being
superceded by the union contracts.
The union contracts are far better, since they
allow a neutral, objective party to make a decision
on the facts, relatively free of political pressures.
QUESTION:
Does the Mayor have to prepare the budget?
ANSWER: The charter
says that he must prepare the budget, see Sec. 4.10
(i) and Sec. 8.2.
The provision at 8.2 goes into great detail
about the mayor’s obligations to present the budget.
In 1967, when the Charter was written, this
made sense. Now,
as a practical matter, the budget is left up to the
professionals, including the City Administrator and
City Clerk-Treasurer.
As a member of the Council, the Mayor has an equal voice
in expressing his preferences with regard to spending
and taxation.
The Mayor and Council are ordinary citizens
elected to use their judgment to make policy decisions,
and they are not expected to have financial expertise.
It is general practice for the Council to express
its wishes early on, and let the department heads
use their professional education and experience to
make it a reality.
QUESTION:
Does the Mayor have more power than the Council?
ANSWER: Various
job duties for the Mayor are sprinkled throughout
the charter.
He is supposed to quell riots, Sec. 4.10(d),
prepare a detailed budget all by himself, Sec. 8.2,
and single-handedly run the water and sewer utilities,
Sec. 13.2. Basically,
it is not possible for those tasks to be done by amateurs,
and the charter might just as well ordain that the
mayor’s job duties involve flying out of the window
of a tall building.
The charter is not very clear about the powers of the Mayor
as different from the Council.
According to 4.10 (o), the Council can actually
impose more work and duties upon the Mayor because
he must perform any duties at the “direction of the
council.”
Milan
has been described as a “weak mayor” form of government.
However, where the City Council fails to exercise
its power and responsibility to run the city, it may
be the mayor’s responsibility to step in.
Sec. 4.10 (n).
QUESTION:
What are the qualifications for mayor and city
council?
ANSWER: The main
qualification is to gain the confidence and trust
of the voters.
Beyond that, it is required by City Charter
to be a resident of
Milan for 2 years before taking
office, however this requirement may have disappeared
on account of state law.
Another requirement: to be a registered voter.
Department heads and city employees may not
serve as Mayor or Council members.
Sec. 5.1
It is not required to have a college degree, a high school
diploma, or even the ability to read and write.
Someone with a disability who has a visual
handicap may need the services of a reader or secretary,
but could still serve on the Council or as Mayor.
It is possible to serve on a Board or Commission
after living in
Milan only 6 months. Sec.
5.1. Again, under state law, the six-month requirement
may not be valid.
QUESTION:
How can City Council members find out what
is going on?
ANSWER: The charter
provides a system for the Council to send written
questions to the department heads and demand answers.
A department head can also be forced to show
his books, documents, papers, and records to Council
upon request.
Failure to obey constitutes misconduct in office.
Furthermore, anyone guilty of not cooperating
with this type of investigation could be jailed for
up to 90 days, or fined up to $100.
Sec. 6.8
Sec. 6.8 is rather drastic.
An easier way to find out what is going on,
would be to talk to the Mayor; the City Administrator;
or the department head in charge of what you want
to know. Individual
Council members should feel free to ask questions
and expect answers from department heads, so long
as the questions are asked politely and at a convenient
time. Individual
council members may also attend department head meetings,
if they wish, to find out what is going on.
Odd
things found in the charter:
Election commission includes Clerk, City Attorney, and Assessor.
All must serve without
pay, including the attorney.
Sec. 3.9.
Mayor is required to appoint a fire chief.
Sec. 4.8
We are violating the charter at council meetings when a member
of the Council has an excused absence, and we fail
to mention on the record that it is excused and the
reason for the excuse.
5.2 (e).
The same for the Planning Commission, when
a member was absent and no excuse was given on the
record-- violates
Charter.
Mayor is required to appoint a public health officer.
Sec. 6.9.
We are violating the charter at City Council meetings whenever
the mayor says “All in favor say Aye.”
According to the Charter, we are supposed to
vote Yes or No, and “Aye” is not yes or no.
Sec. 6.7 (b)
Any three members of City Council can compel the attendance
of another council member or a department head at
a meeting. Once
compelled, that person must attend or be guilty of
misconduct in office.
The only excuse is to be sick, or out of town
(such as Pinckney, Clinton
, or Belleville
).
If the person is within Washtenaw or Monroe
County , and doesn’t
attend the meeting as required, he’s guilty of misconduct.
But if he goes to Mooreville and heads south
over the border into
Lenawee
County , he’s home free.
Sec. 6.6.
It requires at least five votes of the council to sell or
lease real estate.
It takes five votes to impose a tax.
Sec. 7.6
Certain board and commission members must be landowners.
Sec. 4.22 and 4.23.
2.2(11) says the city can set up a special assessment district
including property owners near the lake, to pay part
of the cost of dredging the lake.
A
department head cannot have his grand-daughter’s husband
working as an employee of the City in any department,
but he can have his aunt work directly for him, under
the charter’s anti nepotism provision.
Sec. 5.12.
