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2009-2011 Detroit Charter Revision Process

In May 2009, Detroit residents voted to revise the City Charter. To facilitate charter revision, voters elected 9 commissioners to guide the process, which takes place in 3 phases.

Phase I: Education

Phase I of the charter revision took place between April and October 2010. During this time, the commission hosted 25 community meetings across the City to educate the public about issues that are dealt with by the Charter. These issues include important topics like the legal form of the government, balance of power between different branches of the government, governance of city agencies and departments and implications of implementing a City Council elected by district.

Phase II: Charter Conventions

Phase II of the charter revision process took place in November and December 2010. Charter Conventions were held on November 6-7, 2010 to discuss Structure, Relationships and Allocation of Power between Government Officials, Service Delivery and General Fund Departments; on November 20-12, 2010 to discuss Service Delivery and Enforcement, Enterprise Departments, Tax Policy, Growth, Economic and Neighborhood Development; and on December 4-5, 2010 with presentations from elected officials from the Executive and Legislative branches of City government.

Through Phases I and II, the charter revision commission noted all the recommendations for charter revisions proposed by community residents, community groups, civic leaders, professional consultants, City Council, the City Clerk and the Mayor's office. All of these recommendations (571 in total) are the items that will be considered as the commission enters Phase III of the charter revision process.

Phase III: Drafting the Charter

Phase III of the charter revision process will take place from January 8 - May 14, 2010. During this time, the commission will consider each of the 571 recommendations and evaluate them based on research conducted by staff, community feedback and professional advice. Each recommendation will be debated during a discussion session and placed into 1 of 3 categories: "ACCEPT", "REJECT" or "FURTHER RESEARCH".

A disposition session then takes place where commissioners vote. "REJECT" proposals will not be considered for inclusion in the draft charter. "ACCEPT" proposals will be considered for inclusion in the charter. "FURTHER RESEARCH" proposals will be returned to commission staff so they can find out more information about the proposal.

Phase III concludes with the actual drafting of a charter by the commissioners from April-August 2010. The draft charter is then submitted to the State of Michigan Attorney General to make sure it does not conflict with any State laws. After this, Detroit residents will vote to accept or reject the draft charter.

Rules of Operations for Phase III
(Adopted on January 8, 2011)

On December 15, 2009, the City of Detroit Charter Revision Commission (the “Commission”) unanimously adopted a four phase revision process (“the “Charter Revision Process”) to revise the City of Detroit Charter (the “Charter”). 

Phase III of the Charter Revision Process provides for “drafting of proposed Charter” from January to March 2011.  It also provides for “public review of proposed Charter” in April 2011.

On October 12, 2010, the Commission adopted a detailed timeline for Phase III which schedules, among other events, meetings of the Commission on every second and fourth Tuesday and every Saturday from January 8 to April 16, 2011 and public hearings on a proposed draft Charter on April 30 and May 7, 2011.

To facilitate the Commission’s work in Phase III, the below rules are submitted for the Commission’s deliberation and adoption.

DEFINITIONS

“Accepted Proposal” shall mean a charter revision recommendation which the Commission votes to further consider for inclusion in a Proposed Draft Charter.

“Research Proposal” shall mean a charter revision recommendation which the Commission votes to further consider for inclusion in a Proposed Draft Charter but requires more information and support material.  As to each charter revision recommendation carrying this designation, staff will be directed to obtain additional information to aid the Commission in its deliberations.

“Rejected Proposal” shall mean any charter revision recommendation that the Commission does not select for inclusion in a Proposed Draft Charter.

“Discussion Session” shall mean a session of meeting of the Commission where the Commission considers and debates proposed revisions and makes a preliminary determination on a proposed revision, including but not limited to, acceptance, rejection or referral for further research.  All proposed revisions shall be subject to a “Discussion Session” prior to being advanced to a disposition session.

“Disposition Session” shall mean a session of a meeting of the Commission where the Commission takes formal action on a charter revision recommendation including, but not limited to, acceptance, rejection or referral for further research.  All formal sessions shall be chaired by the Chair of the Commission or a designee appointed by the Chair of the Commission.

“Majority Vote” shall mean a vote of a majority of Commission members serving on the Commission.

“Master Index” shall mean the index listing all of the charter recommendations submitted to the Commission.  It shall assign all recommendations to one of seven categories including: (1) BF (Budget and Finance); (2) CED (Community & Economic Development); (3) GDS (Government Departments & Services); (4) GOS (Government Operation & Structure); (5) EPS (Enforcement & Public Safety); (6) CMS (Charter Structure/Continuity & Miscellaneous); and (7) YSS (Youth & Senior Services).

“Phase III Timeline” shall mean the timeline, adopted by the Commission on October 12, 2010, which governs Phase III of the Charter Revision Process.

“Proposed Draft Charter” shall mean the draft charter that the Commission adopts and presents to the voters for adoption.

“Simple Majority Vote” shall mean a vote of a majority of Commission members present and voting at a meeting.

“Super Majority Vote” shall mean a vote of 2/3 of members serving on the Commission.

“Timely Charter Recommendation” shall mean a charter revision recommendation that was submitted to the Commission by the December 15, 2010 deadline included in the Phase III Timeline, or by a deadline as extended by the Commission.

“Untimely Charter Recommendation” shall mean a charter revision recommendation that was submitted to the Commission after the December 15, 2010 deadline included in the Phase III Timeline, or by a deadline as extended by the Commission.

RULES

1. All charter revision recommendations shall be included in the Master Index.

2. The Master Index shall be published on the Commission’s website at www.2009dcrc.org.

3. The Commission shall consider Timely Charter Recommendations.

4. The Commission may consider Untimely Charter Recommendations upon Simple Majority Vote of the Commission.

5. The Commission staff shall review all Timely Charter Recommendations and approved Untimely Charter Recommendations and present to the Commission a recommendation, along with appropriate analysis and rationale, as follows:

• Accept for review;

• Additional research required; or

• Reject for review.

6. The Commission shall determine whether a charter revision recommendation is an “Accepted Proposal” by Simple Majority Vote.

7. The Commission may vote on whether a charter revision recommendation is an “Accepted Proposal” at any meeting of the Commission held during Phase III.

8. If the Commission deems a charter revision recommendation to be an “Accepted Proposal,” the recommendation will be advanced for further consideration by the Commission at a subsequent meeting of the Commission.

9. All charter revision recommendations which receive support for revision may be discussed at any meeting of the Commission held during Phase III.  However, any vote to adopt a particular revision for inclusion in a Proposed Draft Charter may only occur in a Disposition Session of a meeting of the Commission.

10. Any revision to be included in a Proposed Draft Charter shall require a Majority Vote of the Commission.

11. A Disposed Item may only be re-considered by the Commission upon Super Majority Vote of the Commission.

12. The Commission may limit discussion on a charter revision recommendation by Super Majority Vote.

13. When considering charter revision recommendations, the Commission shall sit as a committee of the whole.  It is contemplated that ad-hoc advisory committees may be required to assist the Commission in considering a charter revision recommendation.  If any such adhoc advisory committee is required, it shall be created at the sole discretion of the Chair of the Commission.  The Chair of the Commission shall also have the authority to discharge a matter forwarded to any adhoc advisory committee.  An adhoc committee must complete its work, including presenting recommendations, reports and proposed charter revision language to the Commission, within the time frame established by the Chair of the Commission in consultation with the Commission but by no later than the time frame established in the Phase III Time Line.

14. The Timely Charter Recommendation and Untimely Charter Recommendation designations shall not apply to revisions which are intended to harmonize the Proposed Draft Charter and eliminate internal contradictions between adopted charter revisions and existing Charter language.

15. The Timely Charter Recommendation and Untimely Charter Recommendation designations shall not apply to revisions which arise as a result of the discovery/presentation of new or updated information helpful in the consideration of a charter revision recommendation properly pending before the Commission.

16. The Commission shall publish the draft revised Charter, as resources permit and approved by the Commission through budget approval, in a wide variety of ways which could include mailing copies to Detroit voters.

17. These rules may be amended by a Simple Majority Vote of the Commission.

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