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ARTICLE 7. THE EXECUTIVE BRANCH: PROGRAMS, SERVICES and ACTIVITIES

CHAPTER 1. GENERAL PROVISIONS

Annotations By: Jacqueline Bejma

Sec. 7-101. Existing Programs, Services and Activities

All executive and administrative agencies in existence prior to this Charter will continue until replaced

When this Charter takes effect, all executive and administrative agencies and functions existing under the 1997 Charter or by ordinance or resolution and not superseded by this Charter shall continue with the force and effect of ordinance until superseded by action taken under section 7-102 or 7-104.

Sec. 7-102. Assignment of Authorized Function

The mayor must prepare an executive organization plan the outlines all agencies and their authorized programs, services and activities

The executive organization plan must be filed with city council and be made public

The city council will have 60 days to review this plan and present modifications to the mayor

The executive organization plan becomes effective 60 days after filing with mutual acceptance of the mayor and city council on modifications

The city council can disapprove any mayoral modifications to the plan by resolution with a 2/3 majority

All amendments to the executive organization plan must be initiated by the mayor

The executive organization plan must include the mayor’s office and all 5 departments created by article 6 and 7

The plan cannot include more than 36 departments

The mayor cannot reassign or combine departments other than those in chapters 3, 6, 7, 8, 12, and 13

The Mayor shall prepare an executive organization plan which, consistent with law and this Charter, sets forth all agencies of the executive branch and assigns authorized programs, services and activities to each agency.

The plan as proposed by the Mayor shall be filed with the City Council and made public. The City Council shall study and conduct hearings on the plan and may request the Mayor to make modifications in it. Sixty (60) business days after the filing of the plan with the City Council, it shall become effective, with such modifications as are accepted by the Mayor, unless disapproved by a resolution adopted by a two-thirds (2/3) majority of City Council members serving. All amendments to the plan must originate with the Mayor and are subject to the same procedure in taking effect.

The plan shall include the office of Mayor, the five departments created by Article 6, and all departments or functions created by Article 7 or continued by section 7-101. However, the plan may not provide for more than thirty-six (36) departments, exclusive of any department organized under specific statutory authority, unless authority for a greater number is granted under section 7-104.

The Mayor may not reassign or combine the functions of staff departments, but may, except as to departments created under Chapters 3, 6, 7, 8, 12 and 13 of this Article, assign any of the functions of an operating department to a staff department, reassign the functions of one (1) operating department to another operating department or combine operating departments.

Sec. 7-103. Advisory Commissions

The mayor has the authority to establish and dissolve advisory commissions by Executive Order

All members of advisory commissions must be residents of the City of Detroit, unless the Executive Order provides otherwise

The Mayor may establish by executive order, any commission of members of the public to advise the Mayor or any Director of an Executive Branch department, in the determination of its policies and budgets and the implementation of its programs, services or activities. Appointments to all advisory commissions shall be made by, and members serve at the pleasure of, the Mayor.

The Mayor shall endeavor to make City-wide commissions as representative of the entire City as possible and any commission established to advise the Mayor or any department Director shall be as representative of the People being served as possible. All members of advisory commissions shall be residents of the City of Detroit, unless the Mayor expressly states in the executive order reasons for allowing non-residents to serve.

The executive order may provide for the advisory commission to complete its work within a specific period of time. In the event that the executive order does not do so, the Mayor may terminate the advisory commission through rescission of the executive order that established the commission.

Sec. 7-104. Change In Number of Authorized Functions

The city may increase the number of departments in the executive branch by ordinance

The city may authorize additional programs, services or activities by ordinance

Subject to the general provisions of this Charter, the City may, by ordinance, increase the number of departments of the executive branch beyond the number contemplated by this Charter.

The City may, by ordinance, authorize additional programs, services, or activities; or discontinue authorized programs, services, or activities.