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Why Amend the City Charter?
Times change, so:
Terms like "freeholder" are no longer appropriate.
Dollar amounts specified decades ago have become meaningless.
Departmental organization and operational procedures established to serve a small population become ineffective, even counterproductive after a city and city hall’s staffing have grown. The change of our Municipal Court to a District Court is one example.
Most city charters contain language which is pre-empted by State law and therefore is no longer binding.
Why these proposed amendments now?
Royal Oak voters last approved charter amendments in 2005. Amendment is an ongoing process, and the task of the Charter Review Committee is to initiate proposed amendments and to examine proposals from voters, the City Commission, and the City Administration – then to select only a few to appear on any one ballot. The amendments being proposed for the 2007 election were selected from twice as many suggestions.
The format used below provides the intent of each amendment, acknowledges any voiced objection, and offers CRC’s reply to the objections.
Serving on the current Charter Review Committee:
Chairman David Poulton
Vice Chairman Frank Versagi
City Commissioner
Chuck Semchena
Ronald George
Najia Aubrey
Proposed Charter Amendments: 2007
The Charter Review Committee (CRC) attempts with these proposals to (a) bring the Royal Oak Charter into compliance with State rules, which in any case pre-empt conflicting local language, and (b) modify several numerical and procedural specifications which have become out-dated. The formal ballot language is available on the city’s website and at the City Clerk’s Office. Further information is available from Chairman David Poulton, poultonlaw@yahoo.com or Commissioner Ginotti, ccginotti@ci.royal-oak.mi.us.
Proposal 07-01
Objective
The proposed amendment transfers the power of appointing the City Treasurer and the City Assessor from the City Commission to the City Manager. The Commission retains the power to appoint and remove from office: City Manager, City Clerk, City Health Officer, and Director of Law (City Attorney).
Objection
The proposed change places too much power in the hands of the City Manager and dilutes the effectiveness of Commission oversight over the Administration.
CRC Reply to the Objection
1. The proposed amendment continues the centralization of reporting responsibilities in city hall which voters approved in 2005 by agreeing to have the Finance Director report directly to the City Manager, rather than to the Commission.
2. Commission oversight is actually increased by making the City Manager responsible for the workers under his command, and freeing the Commission from any need to actively monitor the performance of more than those positions mentioned under Objective, above.
3. As is true of any decades-old operational document, some original language remains in place long after its intent and effectiveness have given way to practical practices.
Proposal 07-02
Objective
The proposed amendment would have the Finance Director appoint the city’s Purchasing Agent and have that position be connected to the Finance Department.
The current language specifies that the City Commission shall designate "the City Manager or some officer other than a person connected with the Department of Finance" to act as Purchasing Agent.
Objection
1. The present language has served the city for decades. Why change it now?
2. The proposed change dilutes the effectiveness of Commission oversight over the Administration.
CRC Reply to the Objection
1. To meet day-to-day operational necessities, past practice for decades has paid lip-service to that language. Currently, it is understood by both the Administration and the Commission that the position of purchasing agent logically fits into the Finance Department.
2. The proposed amendment assigns the Finance Director control over the Purchasing Agent, whose responsibilities are essentially financial. In practice, except that "Claims" are reviewed at each Commission meeting, the Commission does not actually oversee the activities of the Purchasing Agent.
Proposal 07-03
Objective
The proposed amendment would replace the $1,000 limit on city purchases which do not require Commission pre-approval with language which permits the Commission to specify that limit by resolution at the same time as each budget is approved.
Objection
The major objection to this proposal is that it would grant arbitrary power over monetary matters to the Commission.
CRC Reply to the Objection
1. Almost all dollar amounts in historical documents like a city charter are out-of- date and get more out-of-date each year. The Chapter Three, Section 34 limit of $1,000 was adopted in 1955. In 2006, the equivalent number would have been $7,243.67.
2. Voters can call elected officials to account if voters conclude that the officials are misusing or abusing their authority over financial matters.
Proposal 07-04
Objective
The proposed amendment would replace the $1,000 limit on bids for public work which do not require Commission pre-approval with language which permits the Commission to specify that limit by resolution at the same time as each budget is approved.
Objection
The major objection to this proposal is that it would grant arbitrary power over monetary matters to the Commission.
CRC Reply to the Objection
1. Almost all dollar amounts in historical documents like a city charter are out-of-date and get more out-of-date each year. The Chapter Fourteen, Section 2 limit of $1,000 was adopted in 1921. In 2006, the equivalent number would have been $9,746.00.
2. Voters can call elected officials to account if voters conclude that the officials are misusing or abusing their authority over financial matters.
Proposal 07-05
Objective
The proposed amendment would eliminate the City Board of Canvassers which convenes "within seven days after any election having municipal [concerns]" with language which recognizes that the city’s canvassing activity is redundant in that State Law already grants the city the authority to retain the services of the Oakland County Board of Canvassers to canvas city’s ballots and to certify elections.
Objection
1. Why lose local control of canvassing by outsourcing it to the county?
2. The City Clerk’s office is already staffed, so canvassing work is already paid for. What would the county charge?
CRC Reply to the Objection
1. The duties of the Board of Canvassers is essentially mechanical, checking vote counts and tabulations. No local political power is lost by outsourcing such work.
2. Even should staffing return to its former level, the City Clerk’s Staff is better employed in directly serving residents than in checking precinct-counts. Additionally, several voters have to devote volunteer time and effort to the task.
3. The cost would be on the order of $25.00 per precinct, possibly less if the Royal Oak joins with the School District (which already uses the County services) to contract with the County.
Ballot Issue 2007-07
This is a proposed ORDINANCE, not a proposed Charter Amendment
Objective
The proposed ordinance is intended "to designate a portion of the Barbara A. Hallman Memorial Plaza for Continued Use as a Memorial honoring members of the American and Canadian Armed Forces who have lost their lives in service to their country."
Objection
No objections have been raised to this proposed ordinance.
CRC’s reasons for including this ballot item in this tabulation
1. The intent of the Royal Oak Memorial Society and the City Commission is to assure that the portion of the "Veteran’s War Memorial Plaza", which is also called the "Library Lawn", be protected in perpetuity. So that no future City Commission or city department can force movement of the monuments, the Charter Review Committee was asked to develop an appropriate charter amendment. Amendments can be approved, modified, or deleted only by the voters.
2. In keeping with its long-term goal to un-clutter and simplify the charter, the CRC considers it unwise to amend the charter for a unique one-of-a-kind need, and recommended that a properly composed ordinance would assure the public that only another vote of the people could reverse the protection sought. The goal of protection in perpetuity will be accomplished if the voters approve this ordinance.