Charter requirements for city manager

This is the section from the charter regarding the city manager in its entirety. Emphasis all mine.

Sec. 9-18 City manager; appointment; qualifications; compensation

The council- and mayor-elect shall, by a majority vote of its total membership, appoint a city manager solely on the basis of executive and administrative qualifications. The council- and mayor-elect shall set the manager’s compensation and conditions of employment in a written contract. The city manager shall serve as an “at will” employee of the city. Upon a vacancy in the position of city manager, the job description shall be published in professional publications of city management and municipal associations. The manager need not be a resident of the city or State of Michigan at the time of appointment, but shall reside within a thirty (30) mile radius of the City of Hamtramck except as otherwise provided in MCL 15.602.

In addition to the required qualifications of the city manager provided elsewhere in this charter, any city manager hired shall have the following qualifications: a minimum of three years experience as a city manager or assistant city manager in a city with a population of at least 10,000, and that the candidate shall be a member of a professional city or county manager association. The search for a city manager shall begin in January 2005. An interim city manager who has the above qualifications may be appointed by the council- and mayor-elect.

(a) Powers and duties. The city manager shall be the chief administrative officer of the City. He shall be responsible to the council and mayor for the administration of all city affairs placed in his charge by this charter. He shall have the following powers and duties:

(1) He shall appoint and, when he deems it necessary for the good of the City, suspend or remove all city employees and department heads provided for in this charter or by ordinance, except as otherwise provided by law. He may authorize any person appointed by him who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office, or agency.

(2) He shall be responsible for the efficient administration of all departments of the city government, control and supervise the department heads of the city government that he appoints and their subordinates, and see that all such officers of the city faithfully comply with and discharge their official duties, except as otherwise provided by this charter or state law.

(3) He shall attend all council meetings, unless excused by a resolution of council, and have the right to take part in discussion, but shall not vote.

(4) He shall see that all laws, provisions of this charter, and acts of the council subject to enforcement by him or by officers subject to his direction and supervision are faithfully executed.

(5) He shall prepare and submit the annual budget and capital improvement program to the council.

(6) He shall submit a monthly report and shall within ninety (90) days after the end of each fiscal year submit to the council and make available to the public a complete report on the financial operations prepared by the Controller, financial condition, and administrative activities of the City as of the end of each fiscal year.

(7) He shall keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as he deems advisable.

(8) He shall make such other reports as the council may require concerning the operations of the city departments, offices, and agencies subject to his direction and supervision.

(9) He shall be responsible for implementing and maintaining an effective training program for the police and fire departments. Such training shall be reported to council on a semi-annual basis.

(10) He shall have the custody and control of all property, books, records, and equipment belonging to the several departments under his control, with the exception of any evidentiary property, records, books and equipment as determined by the discretion of the chief of the police department or the chief of the fire department.

(11) He shall perform such other duties as are specified in this charter or may be required of him by the council.

(12) He shall be responsible for scheduling and performing maintenance and improvements to all city property.

(b) Acting City Manager. The city manager shall, by letter filed with the city clerk, designate, subject to approval by resolution of city council, an administrative employee of the City of Hamtramck to exercise the powers and perform the duties of city manager during his temporary absence, disability, or vacancy in office. During such absence, disability, or vacancy, council may revoke such designation at any time and appoint another acting city manager to serve until the city manager shall return, or his disability shall have ceased or, a new city manager shall have been appointed.

(c) No person who has been elected or appointed a member of the council or the mayor under this charter, or who is a member of the council or is the mayor at the effective date of this charter shall be eligible for appointment as city manager or as acting city manager until two years have elapsed following the expiration of the term for which he was elected or appointed.

(d) Petition to Remove the City Manager. In the event that a petition requesting the removal of the city manager by the council- and mayor-elect be filed with the clerk, signed by not less than fifteen percent (15%) of the registered voters of the city and setting forth as reasons for the requested removal specific act(s) or failure(s) to act on the part of the city manager which constitute violations of the Charter, or failure to perform the duties of his office as set forth in this Charter, a committee of three (3) members shall be designated from among the mayor and councilmembers. Such committee shall make a report of its investigation of such statement of reason at the second regular meeting of the council following its appointment. If the committee finds and reports that the statements contained in the petition do not constitute violations of this Charter or that the acts or failures to act complained of were performed at the direction of the council or in conformance with policies established by it, no further action shall be taken on such petition. If the committee finds and reports that the reasons set forth in the petition are true and the acts or failures to act were not in accordance with directives or policies of the council, the council shall, at its next regular meeting, vote to remove or to retain the city manager.

12 thoughts on “Charter requirements for city manager

  1. The lunatics are truly running the insane asylum. How can they hire an unqualified person as interim city manager, and then pay him as if he were a highly respected & qualified one. This, while their financial guru is more of a financial student in the bottom of his class.

  2. (b) …During such absence, disability, or vacancy, council may revoke such designation at any time and appoint another acting city manager to serve until the city manager shall return, or his disability shall have ceased or, a new city manager shall have been appointed.

    So, they appointed Mr. Norris, City Clerk. Then revoked it and appointed another acting city manager, Mr. Tungate. But, shouldn’t we assume that the second appointed acting city manager should have the same requirements of the first acting city manager?

  3. I was taught that when constructing paragraphs, the first sentence states the subject of the paragraph, and the following sentences support the first, else they should be in separate paragraphs. Our city attorney claims that the two sentences of Section 9-18.b are unrelated.

    Bob Zwolak pointed out after the meeting that his resolution to appoint Michael Wilk revoked the appointment of Norris first. The resolution that passed did not.

    • 1. How can you have 2 different definitions for the same position.

      2. So, Norris is still Manager? Huh?

  4. Oh, wait. Tungate is actual not acting city manager?

    “a minimum of three years experience as a city manager or assistant city manager in a city with a population of at least 10,000, and that the candidate shall be a member of a professional city or county manager association.”

    Does he have the above qualifications per the Charter?

    -Development Officer, Wayne County Michigan
    -Senior Project Manager, National Business Development & Attraction, Urban Economic Development Team. Michigan Economic Development Corporation
    -Business Development Manager. Detroit Economic Growth Corporation (DEGC)
    -Director, Community & Economic Development & Executive Director, Hamtramck DDA, City of Hamtramck
    -Senior Commercial Credit/Financial Analyst, Commercial Real Estate and Middle Market Lending, Comerica Bank

    Impressive resume for a young man, but does it fit the qualifications per the Charter?

  5. If they were indeed looking for an interim city manager why was it not advertised with the MML or made public like they did for the income tax director, and the dpw superintendant positions.

  6. I have no problem with Ed Norris as acting city manager as established by the Hamtramck City Charter. I, as a member of the Hamtramck Charter reivision Commission, am well aware of our delibration and authoring the provisions of City Manager and acting manager provisions. The intent was to prevent the current political appointment. We have an opportunity to utilize a free retired City Manager from the Michigan Municipal League, which Mayor Majewski is president and active member of, paid for by the City of Hamtramck. This is temporary until the city advertises and hires another city manager. If another acting city manager is to be considered, then I proposed Michael Wilk, the current City Treasurer which complies with the City Charter requirements. My resolution also presented revoking the previous appointment of Ed Norris to allow the appointment of Michael Wilk. Thank you Ed for being there when we needed you. I think you could have done the job till we hired a legidiment replacement. I did not support CM Cooper firing with only Five months left in his contract. He made a excellent dicision to hire an in house attorney with some outside legal services. Without hesitation, saying our current legal services has not been nor advocated the best enterest of the Hamtramck Community. Negative or positive, I always welcome and encourage feedback.
    Bob Zwolak

  7. Another note to the successions of City Manager, the city manager shall appoint an interim city manager with approval of the the City Council. Ed Norris was the the city manager. He did not appoint another city manager nor did he resign and there was no vacancy since Ed Norris was there. Question, do we have two city managers?

    • Are you saying that the acting city manager has the power to appoint another acting city manager? The charter says that only council has that authority. I don’t see the special meeting minutes on the web site, so I don’t know if council voted to revoke Norris’ designation.

      And, I still don’t understand how the same position can have two different definitions.

  8. I’m just saying, so much for Hamtramck being an equal opportunity employer, I guess you have to know the mayor.

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