The Detroit Charter and City Government
ARTICLE 13. SCHEDULE
Annotations By: Jacqueline Bejma
Sec. 13-101. Effect on Existing City Legislation
All ordinances and resolutions of the city that are not consistent with this charter remain in effect until they are changed by an action taken under this charter
All ordinances and resolutions of the City and all orders, rules and regulations made by any officer or agency of the City which are not inconsistent with this Charter shall remain in effect, until changed by action taken under this Charter.
The Corporation Counsel shall, within six (6) months after the effective date of this Charter, recommend to the City Council such changes as may be necessary to make the provisions of the 1997 Charter which have been continued in force as well as existing ordinances, resolutions, orders, rules, and regulations consistent with this Charter.
Sec. 13-102. Continuation of Public and Private Rights
All writs, actions, suits, proceedings, liabilities and judgments existing before this charter remain in effect until changed under this charter
All writs, actions, suits, proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, contracts, claims, demands, titles and rights existing when this Charter takes effect shall continue unaffected except as modified in accordance with this Charter.
Sec. 13-103. Rights of Officers and Employees
No provision of this charter can affect or impair the rights or privileges of city officers or employees existing when this charter takes effect
Any person in city government at the time this charter takes effect can only be removed for cause unless:
- Cause for removal is established by the civil service commission
- The person is transferred to another position with equal pay, rank and benefits
- The person comes to a mutually agreeable settlement with the city
No provision of this Charter shall affect or impair the rights or privileges of city officers or employees existing when this Charter takes effect with respect to appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, or the civil rights or privileges of city officers or employees.
Any person who, at the time this Charter takes effect, holds a position in city government from which he or she could have been removed only for cause or under the rules of the Civil Service Commission, may not be removed under this Charter unless:
- Cause for the removal is established in proceedings before the Civil Service Commission;
- The person is transferred to another position in city government and is assured of salary and benefits at least as favorable as would have been earned by service in the position from which transferred until mandatory retirement age is reached; or
- A mutually agreeable settlement is made by the City with the person discharging all rights against the City which the person may assert.
Sec. 13-104. Effective Date
This charter becomes effective January 1, 2012
Except as otherwise provided, this Charter shall become effective on January 1, 2012.
Sec. 13-105. Employees Benefit Plan
City of Detroit employee benefit programs can only be changed by ordinance
The General Retirement System Board of Trustees is the governing body for the employee benefit plan
The governing provisions of the City of Detroit employees benefit plan may be changed by ordinance. However, the benefits provided by the City of Detroit employees benefit plan may be amended by resolution of the Detroit City Council.
The governing body of the employees benefit plan shall be the General Retirement System Board of Trustees, except the civilian member.
Sec. 13-106. Condemnation
Procedures for eminent domain that exist when this charter takes effect will remain in effect until changed by ordinance
The procedures for the exercise of the City’s power of eminent domain existing when this Charter takes effect shall remain in effect until changed by ordinance.
Sec. 13-107. Fire and Police Pension Committees
All provision of the 1974 charter related to the fire department and police department pension committees remain in effect until changed by ordinance
The provisions of the 1974 Charter relating to the Fire Department Pension Committee and the Police Department Pension Committee, existing when this Charter takes effect, shall in all respects continue in existence exactly as before until changed by ordinance.
Sec. 13-108. Police Fund
The police commissioner’s power under the 1974 charter remains in effect until changed by ordinance
The Police Commissioner’s power under the 1974 Charter shall in all respects continue in existence exactly as before until changed by ordinance.
Sec. 13-109. Initial Appointments
Notwithstanding any provision of this Charter, the first appointments after the effective date of this Charter to the vacant positions on any multi-member body may be for varying terms less than the length prescribed by this Charter in order that thereafter not more than the specified number of terms will expire in any year.
The term of a member serving a fixed term of office on any multi-member body when this Charter takes effect shall expire at the end of the fixed term, unless otherwise indicated in this Charter. Appointments to vacancies arising on the multi-member bodies shall then be made in accordance with the provisions in this Charter.
Sec. 13-110. General Provision
If any question concerning transition from the 1997 Charter to this Charter (for which this Charter has not provided) arises, the City may provide for a resolution of the question by ordinance.
Sec. 13-111. Submission of the Charter
This Charter shall be submitted for adoption at the general election to be held November 8, 2011, in the manner and with the effect prescribed by state law as follows:
Proposal C - Proposal to Adopt a New City Charter.
Shall the City of Detroit Home Rule Charter proposed by the Detroit Charter Revision Commission be adopted?