Debarment Ordinance

← Back to Detroit Action Issues

Issue Brief

In an effort to eliminate fraud and corruption in the granting and bidding of contracts for the City of Detroit, the 2012 Charter mandates that the City Council craft and adopt a comprehensive debarment (ban) policy and procedure ordinance for all contractors, vendors to be included in all contract language by April 30, 2012. The ordinance must include (at minimum), the following:

1. Debarment for a period commensurate with the seriousness of the offense, not to exceed twenty (20) years;

2. Identify the Inspector General as the chief investigative agent for allegations or instances of illegal conduct or unethical contractual activity;

3. Require, under penalty of debarment, that persons or entities with City contracts, or those seeking contracts with the City, report to the Inspector General any improper, unethical or illegal activity or requests from elected officials, those on their behalf or City employees in connection with the contract;

4. Provide for no statute of limitations in connection with investigations, findings of violation of the debarment policy or initiation of debarment proceedings;

5. Require that the City report actual or suspected illegal activity to the proper state or federal authorities;

6. Invest the City Council, as a body, and the Mayor with the authority to request the Inspector General to investigate suspected improper activity related to City contracts; and

7. Require that all City contracts and contractors be made subject to the debarment ordinance.

Departments Involved

• City Council

• Law Department

• Finance Department

Charter Language

Sec. 6-308. Debarment.

The Corporation Counsel shall prepare, and City Council shall implement by ordinance, a comprehensive debarment policy and procedure for City vendors and contractors within one hundred twenty (120) days of the effective date of this Charter. The debarment policy shall, at a minimum, include the following:

1. Debarment for a period commensurate with the seriousness of the offense, not to exceed twenty (20) years;

2. Identify the Inspector General as the chief investigative agent for allegations or instances of illegal conduct or unethical contractual activity;

3. Require, under penalty of debarment, that persons or entities with City contracts, or those seeking contracts with the City, report to the Inspector General any improper, unethical or illegal activity or requests from elected officials, those on their behalf or City employees in connection with the contract;

4. Provide for no statute of limitations in connection with investigations, findings of violation of the debarment policy or initiation of debarment proceedings;

5. Require that the City report actual or suspected illegal activity to the proper state or federal authorities;

6. Invest the City Council, as a body, and the Mayor with the authority to request the Inspector General to investigate suspected improper activity related to City contracts; and

7. Require that all City contracts and contractors be made subject to the debarment ordinance.

Resources

DetCharter Resources

• Philadelphia City Code on Procurement of Contracts

• St. Paul, Minnesota Contracting Requirements

• Chicago, Illinois Contracting Requirements

• Glendale, California Contracting Requirements

• New York State List of banned Contractors

User Generated Resources

• If you have any information relevent to this topic please mail it to info@detcharter.com and we will include it in our list of resources.