Hello Jeremy,
| am sending the attached document on behalf of Randall Byrne. Please let me know if you will be needing any other
documents.
With regard,
Alexandr Heimann
Municipal Anlayst
Local Government Financial Services Division
Michigan Department of Treasury
Office (517) 335-2434
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EMERGENCY MANAGER
CITY OF FLINT
GENESEE COUNTY MICHIGAN
ORDER No. 3
CITY ADMINISTRATOR
BY THE POWER AND AUTHORITY VESTED IN THE EMERGENCY MANAGER
(“EMERGENCY MANAGER”) FOR THE CITY OF FLINT, MICHIGAN (“CITY”)
PURSUANT TO MICHIGAN'S PUBLIC ACT 436 OF 2012, LOCAL FINANCIAL
STABILITY AND CHOICE ACT, (“PA 436”); GERALD AMBROSE, THE EMERGENCY
MANAGER, ISSUES THE FOLLOWING ORDER:
Pursuant to PA 436, the Emergency Manager has broad powers in receivership to rectify the
financial emergency and to assure the fiscal accountability of the City and its capacity to provide
or cause to be provided necessary services essential to the public health, safety and welfare; and
Pursuant to PA 436, the Emergency Manager acts in place of local officials, specifically the
Mayor and City Council, unless the Emergency Manager delegates specific authority; and
Pursuant to PA 436, the Emergency Manager has broad power to manage the local government,
and may issue orders to elected and appointed officials necessary to accomplish the purpose of
the Act. An Order issued under PA 436 is binding on the person to whom it is issued; and
IT IS HEREBY ORDERED:
The City Administrator shall serve as the City’s Chief Administrative Officer at the pleasure
of the Mayor, City Council and Emergency Manager or Receivership Advisory Transition Board
(hereinafter “Board”), in accordance with the provisions of her contact with the City of Flint
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dated February 23, 2015, and is charged with implementing executive and legislative directives
and policies of the Mayor and City Council, subject to oversight of the Board, including strategic
planning and budgeting, and with directing the management of
activities and appointed staff officials.
Consistent with the City Administrator Employment Agreement and Position Description,
and subject to the approval and directives of the Board, the City Administrator shall have the
following authority, duties and responsibilities notwithstanding any provision of the City Charter
or Code of Ordinances:
1.
Serve, advise and report to the Mayor with respect to the Mayor’s executive functions, as
set forth in Charter §4-101.
Serve and advise the Counci! with respect to the Council’s legislative functions, as set
forth in Charter §3-101.
Serve, advise and report to the Emergency Manager, as required by Public Act 436, so
long as an Emergency Manager is in place.
Serve, advise and report to the Board, including:
a. Advise and report to the Board as required by Public Act 436;
b. Fully comply and assist the Board in meeting all duties assigned to it by the
governor pursuant to MCL 141.1563(h);
c. Provide all budgetary information requested by the Board;
d. Serve as the primary contact between the Board and the City, including any
department heads, officers, attorneys, accountants, employees, and any other
contractors or consultants hired by the City to assist the City Administrator or the
City in the discharge of powers, duties, functions, and responsibilities;
e. Promptly and effectively communicate with the Board regarding any matter that
may have a significant financial impact on the City.
. Direct City department heads in carrying out the daily activities of the City, in the
assembly of financial and management information; and in the gathering and assembly of
pertinent data and information and recommendations for the Mayor and City Council’s
consideration in making executive determinations and policy.
Translate executive decisions and policies of the Mayor into administrative procedures
for the cost effective and efficient operation of the City.
Implement legislative action of the City Council.
Monitor and manage the administrative inter-activity of the City departments so the
delivery of public services represents an efficient, effective, and coordinated effort.
Interact with other governmental agencies as requested by the Mayor or City Council.
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10. Prepare and review correspondence, reports, speeches, resolutions, and other material for
public relations purposes. Answers citizen and official inquiries regarding City policy
matters. .
11. In consultation with the Mayor, direct the assembly of information and items for
consideration by the Council, and provide them to the City Clerk for inclusion on the
appropriate agendas.
12. Regularly consult with the Mayor in the development of actions with respect to the
Mayor’s executive functions, and with matters relating to the daily administrative
functions of the City, including the evaluation of the performance of department heads,
and the resolution of customer service issues.
13. Except to the extent prohibited by or in material conflict with applicable laws and
authorities, the City Administrator or designee shall attend all meetings of the City
Council, both public and closed, with the exception of those closed meetings devoted to
the consideration of any action or lack of action on, or pursuant to, this Agreement, or
any amendment thereto, or the City Administrator's evaluation. The City Administrator
shall advise members, and make recommendations consistent with policy objectives,
strategic planning and administrative activities.
14. Attend public meetings and events; give presentations and information to the public
regarding matters of City business.
15, Manage and oversee all department heads, division heads, managers and non-elected City
employees. This shall include an annual written performance evaluation of all
department heads, including those identified in paragraphs 15, 16 and 17.
16. Recommend, subject to the Mayor’s approval, the following appointments:
Chief of Police;
. Fire Chief;
Director of Finance;
Planning & Development Director;
Director of Department of Public Works;
Chief Legal Officer;
. Chief Personnel Officer.
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17. Recommend, subject to the Council’s approval, the following appointments: City Clerk
and City Auditor.
18. With the exception of those positions set forth in paragraphs 16 and 17, appoint all
department heads, division heads and management positions, including the City
Treasurer, Purchasing Director and the City Assessor, subject to any collective
bargaining agreement(s) that may be applicable.
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19. Ensure that all appointment processes, whether by the Mayor, Council or City
Administrator, are open, competitive, and administered by the Human Resources
Department or a qualified recruitment firm, with selection of the most qualified candidate
to be based on defined education, experience, and professional standards appropriate to
the position.
20. All appointments made pursuant to paragraphs 15, 16 and 17 shall serve at the pleasure of
the City Administrator based on performance review.
2
—
. Review current and potential litigation and labor disputes with the City Attorney and
Mayor, and as needed the Board, and have complete decision making authority on behalf
of the City, on all matters of litigation and labor disputes, including the ability to settle or
initiate lawsuits and resolve labor disputes. The Mayor and City Council shall be
consulted on such matters prior to implementation.
22. Negotiate all collective bargaining agreements on behalf of the City.
23. Work collaboratively with the City Council, the Mayor, other City or State officials and
the Board to successfully transition to the termination of receivership for the City by
supporting, implementing, and maintaining the financial and operating plans and the
reforms instituted by the City’s emergency managers, including but not limited to, the
financial and operating plan for the city under Section II Act 436, and by providing
appropriate training and explanation of City operations.
24, Serve as an official City representative before the Board, State departments and agencies,
and the Michigan Legislature, with assistance from the Finance Director and the Mayer.
25. Be responsible for and vested with full authority necessary to effectively direct and
supervise the day-to-day operations of the City by seeing that all laws and ordinances are
faithfully executed, preparing the proposed annual budget as recommended by the
Finance Director and any accounting firm retained by the City, and supervising the
expenditures of all sums appropriated to and the attainment of all objectives established
for departments of the executive branch of the City and working collaboratively with all
officers and officials to effectively execute daily operations.
26. Ensure that a rolling six-year capital improvement plan is annually prepared in
accordance with applicable law and the City’s Code of Ordinances. Coordinate with the
Mayor on the annual preparation of a rolling two-year budget
27. Review, approve and co-sign with the Mayor all contracts on behalf of and entered into
by the City and modify or terminate any current contract with the City.
28. Approve all financial policies, City policies and procedures, job descriptions and
personnel policies for the City, after consultation with the Mayor and City Council.
29. Designate check signers on all City bank accounts.
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30. Refer City Council communications to the appropriate City employee or investigate such
matter(s) and inform the City Council of the results of such efforts. Provided, however,
when responding to City Council referrals, the City Administrator shall have discretion to
utilize the personnel and resources the City Administrator deems reasonable and so as to
avoid unnecessary interruption of services or incurrence of unnecessary costs.
31. Any investigation by the City Council, as contemplated by Charter §3-205 and §3-206,
including the power to subpoena witnesses, shall be subject to the City Administrator’s
review and approval, so as to avoid unnecessary interruption of services or incurrence of
unnecessary costs.
32. In the event the Mayor or Council fails to perform any duty or take any required action
after having been afforded a reasonable opportunity to do so, the City Administrator may
perform the duty or function of the Mayor or Council upon approval of the Board.
This Order may be amended, modified, repealed or terminated by any subsequent Order issued
by the Emergency Manager.
Dated: 7 VO id By: GM .
id Ambrose
Emergency Manager
City of Flint
xc: State of Michigan Department of Treasury
Mayor Dayne Walling
Flint City Council
Inez Brown, City Clerk
S\P 3 City.Admmustrator 03 30 15 pmb docx
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Jason Lorenz
Public Information Officer
Office: (810) 237-2039
Cell: (810) 875-2576
For Immediate Release
[email protected]
Flint Water Optimization Plan Receives Go Ahead from MDEQ for
Additional Corrosion Control
Flint, Michigan - November 05, 2015 — The City of Flint's Department of Public Works
(DPW) has received approval from the Michigan Department of Environmental Quality
(MDEQ) for its plan to introduce additional corrosion control agents to water it buys from
Detroit. It is expected that the additional corrosion control agents will further reduce the
damage caused to water mains and service lines by water corrosion. While using the Flint
River as a water source, the City was not required to use corrosion control as part of its
Water Optimization Plan. That decision led to accelerated damage to underground pipes
due to the corrosiveness of Flint River water.
“We are trying to reverse the effects of the more corrosive river water and better protect
our underground infrastructure from deteriorating, and in turn protect our families and our
children from exposure to metals such as lead and copper,” said DPW Director Howard
Croft. Older houses built before 1986 have the likelihood of having plumbing and services
lines containing lead and copper.
Last month Flint resumed buying treated water from Detroit after it was learned that
elevated levels of lead had been found in children living in the City. Flint also worked with
local aid agencies to provide water tap mounted filters to every water customer in the
City. Tests on water hardness throughout the City have confirmed that Detroit water has
made its way to every customer.
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City Hall
1101 S. Saginaw Street - Flint, Michigan 48502
810-766-7346 FAX: 810-766-7218 wwwcityofflint.com
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Hudson, Deanna (TREASURY)