The Detroit Charter and City Government
ARTICLE 6. THE EXECUTIVE BRANCH: STAFF DEPARTMENTS
CHAPTER 3. FINANCE DEPARTMENT
Annotations By: Jacqueline Bejma
Sec. 6-301. Finance Department
The Finance Department is headed by the Finance Director.
Sec. 6-302. Departmental Divisions
The finance director directs and coordinates all financial activities of the:
- Accounts division
- Assessments division
- The treasury
- The purchasing division
The finance director must follow all laws related to financial controls for the protection of public funds
The Finance Director shall direct and coordinate the financial activities of the accounts division, the assessments division, the treasury, and the purchasing division. The Finance Director shall also secure and maintain compliance with all laws pertaining to financial controls for the protection of public funds.
Sec. 6-303. Accounts Division
The accounts division is headed by the chief accounting officer, who is appointed by the finance director with the approval of the mayor
The chief accounting officer maintains records showing the financial condition of the city
The Accounts Division is headed by the Chief Accounting Officer. The Finance Director, with the consent of the Mayor, shall appoint the Chief Accounting Officer, who serves at the pleasure of the Finance Director.
The Chief Accounting Officer shall maintain records showing the financial condition of the city and perform such other duties as provided by law, this Charter or ordinance.
Sec. 6-304. Assessments Division
The assessments division is headed by a 3 member board of assessors
Membership on the board of assessors lasts 3 years
One member term expires each year
Compensation for the board members is established by ordinance
The mayor appoints members of the board of assessors
The finance director will approve and provide staff requested by the board of assessors
A majority of the board can correct an assessment made by any employee of the division
The powers, duties and procedures of the board and division are provided by law
The Assessments Division is headed by a three (3) member Board of Assessors. The term of membership on the Board is three (3) years. One (1) term expires each year. Compensation for Board members shall be established by ordinance.
The Mayor shall appoint the members of the Board and may remove a member for cause. Each member must possess the qualifications required by law for assessing officers.
Staff services required by the Division shall be provided as determined by the Finance Director.
A majority of the Board may review and correct any assessment made by an employee of the Division.
Except as otherwise provided by this Charter or ordinance, the powers, duties and procedures of the Board and the Division are those provided by law.
Sec. 6-305. Treasury Division
The treasury division is headed by the treasurer
The finance director appoints the treasurer, with approval of the mayor
The treasurer will:
- Collect all money for the city
- Receive any money collected on behalf of the city
- Have custody of all moneys, funds and securities of the city
- Keep accounts of all moneys and deposit them as directed by law or ordinance
- Disburse all city funds in accordance with the law
- Have power and immunities for the collection of taxes as provided by law
The Treasury Division is headed by the Treasurer. The Finance Director, with the consent of the Mayor, shall appoint the Treasurer, who serves at the pleasure of the Finance Director.
The Treasurer shall:
- Collect all moneys of the city and receive from other officers and employees all moneys of the city collected by them.
- Have custody of all moneys, funds and securities of the city, keep accounts of them and deposit them as directed by law or ordinance.
- Disburse all city funds in accordance with law, this Charter or ordinance.
- Except as otherwise provided by this Charter or ordinance, have such powers and immunities for the collection of taxes as provided by law.
Sec. 6-306. Purchasing Division
The purchasing division is headed by the purchasing director, who is appointed by the finance director, with the approval of the mayor
The purchasing director will:
- Procure all property and services from independent contractors required by the city
- Follow all procedures to assure fairness in procuring property and services (competitive bid process)
- Sell, lease or transfer any city property that has become unusable
- Follow all procedures to assure fairness in disposing of city property (competitive bid process)
The Purchasing Division is headed by the Purchasing Director. The Finance Director, with the consent of the Mayor, shall appoint the Purchasing Director, who serves at the pleasure of the Finance Director.
The Purchasing Director shall, subject to the provisions of section 4-122:
- Procure all property and all services of independent contractors to be paid for from appropriations made in the annual budget in accordance with section 8-302, except that an agency may be authorized by ordinance to procure specified kinds of property and services directly.
- Follow all procedures established by ordinance to protect the interests of the city and to assure fairness in procuring property and services. Except in cases of emergency, those procedures shall require competitive bidding for purchases and contracts which are major as defined by ordinance. However, for purposes of this requirement, the “lowest responsible bidder” may be defined by ordinance in terms of lowest overall cost to the City.
- Sell, lease or transfer in the ordinary course of city operations all personal property of the city which has become unsuitable for public use. Dispositions of personal property which are not in the ordinary course of city operations shall be defined by ordinance and are subject to City Council control.
- Follow procedures established by ordinance to protect the interests of the city and to assure fairness in disposing of personal property. Except in cases of emergency, those procedures shall require competitive bidding for all sales, leases and transfers which are major as defined by ordinance.
Sec. 6-307. Privatization of City Services
A city ordinance must be proposed to engage a private company for the provision of city services that must contain the following:
- A complete report that details the need for privatization
- Complete written estimates of current costs to the city and the comparative private costs
- Approval of the legislative body to solicit bids for the service
- An opportunity for the employees affected by privatization to prepare a bid for the services
- A procedure for a written analysis of all bids received for the service (including costs, performance, unemployment, pension and benefits)
- Any other factors to be considered in the case of privatization
- Approval by 2/3 of the legislative body
- A provision that requires annual evaluation of the performance of the privatized service
- Nothing in the ordinance can prevent the city from obtaining additional or supplemental services to the private service
The City shall provide by ordinance for a process by which the City shall act prior to any determination or action to enter into any agreement, by which a non-governmental person or entity provides services to the city substantially similar in whole or in part, to services provided by a regular employee of an agency of the City. Such ordinance shall provide for the following:
- The preparation of a comprehensive report which details the need for the privatization.
- Comprehensive written estimates of the total current costs to the city of the agency providing the subject services in the most cost efficient manner, including all direct and indirect costs.
- A requirement for approval of the legislative body to solicit bids for the privatization, after its review of the comprehensive report and cost analysis.
- An opportunity for the affected employees to organize and prepare a bid to provide the subject services.
- A process whereby the agency prepares a comprehensive written analysis of all bids of public employees and non-governmental entities, which would include, but not be limited to the cost of the bid to provide the services, contract performance; and unemployment, pension or other accrued benefits resulting from loss of agency employees.
- Other factors to be included in the consideration, other than cost, which could affect the public interest including the effect of transfer of services from the public to the private sector on the access, delivery or quality of services to be provided; the reduction in the employment level of city residents; the differences in work rules and management practices of the workers in the private sector, including those related to legal and constitutional protections and any loss of accountability to city residents which would result from the services being provided by a non-governmental person or entity.
- The provision that any final recommendation for the privatization of services would require the two-thirds (2/3) approval of the legislative body, which would be required to certify that it was its determination that the availability and quality of the subject services would be likely to equal or exceed the quality of services which could be provided by regular agency employees.
- Provisions which would require the annual evaluation of the privatized services and the providing of such evaluation to the City Council.
No provision of this section should be construed to abrogate or limit any legal rights afforded to the employees under the collective, bargaining process.
Nothing in this section shall supersede provisions of section 6-417 of this Charter.
In addition, nothing in the ordinance should be construed as prohibiting the city from obtaining contractual services which are an expansion or addition to services already provided by governmental employees, provided that the contractual services are not a replacement for existing governmental positions.
An ordinance implementing this section shall be adopted within one hundred eighty (180) days of the effective date of this Charter.
Sec. 6-308. Debarment
Corporation Counsel must draft and city council will adopt by ordinance, a debarment procedure for vendors and contractors within 120 days of the effective date of this Charter
The debarment policy must include (at least):
- Debarment or ban on contracted work for a period of up to 20 years;
- Note that the Inspector General is the chief investigator for charges of illegal or unethical conduct;
- Require that anyone doing business with the City to report suspicions of wrongdoing to the Inspector General;
- Give no statute of limitations;
- Require that the City report any suspicions of wrongdoing to the proper authorities;
- Give the City Council and the Mayor the authority to request an inspection by the Inspector General;
- Require that all contractors and contracts be subject to the debarment policy.
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:
- Debarment for a period commensurate with the seriousness of the offense, not to exceed twenty (20) years;
- Identify the Inspector General as the chief investigative agent for allegations or instances of illegal conduct or unethical contractual activity;
- 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;
- Provide for no statute of limitations in connection with investigations, findings of violation of the debarment policy or initiation of debarment proceedings;
- Require that the City report actual or suspected illegal activity to the proper state or federal authorities;
- 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
- Require that all City contracts and contractors be made subject to the debarment ordinance.