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xxxEND_PAGE:treasury01_b20_2634_2931_149 Wayne Workman to host Call in - 14 Access Code sy Maxine: Please forward this meeting notice to Peter Bade. Thank you. Poter M Bade Chiet Tegal Oiticer Cat ot Flint p X10 766 7140 f Xiu 2322114 xxxEND_PAGE:treasury01_b20_2634_2931_150 EMERGENCY MANAGER CITY OF FLINT GENESEE COUNTY MICHIGAN ORDER No. 13 PROHIBITING COUNCILMAN ERIC MAYS FROM ACCESS TO LOCAL GOVERNMENT FACILITIES 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"); DARNELL EARLEY, THE EMERGENCY MANAGER, ISSUES THE FOLLOWING ORDER: Pursuant to Public Act 436, the Emergency Manager has broad powers in receivership to rectify the financial emergency and to assure the fiscal accountability of the City of Flint and its capacity to provide or cause to be provided necessary services essential to the public health, safety and welfare; and Pursuant to Public Act 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 Public Act 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 Pursuant to Public Act 436, the Emergency Manager may prohibit a local elected official from access to the local government’s office, facilities, electronic mail, and internal information systems for failure to abide by an order which disrupts the Emergency Manager’s ability to manage the local government; and xxxEND_PAGE:treasury01_b20_2634_2931_151 Emergency Manager Order 3, Directives to Councilman Eric Mays, dated December 13, 2013, a copy of which is attached, attempted to address a pattern of extremely disruptive and disorderly behavior by Councilman Eric Mays that has interfered with my ability to manage the City of Flint; and Councilman Mays has consistently disregarded and not carried out the provisions of Order 3, including but not limited to: 1. Engaging in loud, disruptive and obnoxious behavior during meetings of the Flint City Council. 2. Repeatedly disregarding directives of the Council President during meetings. 3. Continuing to speak after having been called to order by the Council President. 4. Repeatedly engaging in disorderly conduct that causes the Council President to seek police assistance in removing him from Council Chambers. Openly refusing to comply with the Council President’s efforts to restore order at meetings. Openly advocating that the Emergency Manager orders be disregarded at meetings. Interrupting other members of Council and speaking over them. Speaking out of turn and speaking without being recognized by the Council President. Engaging in disjointed, rambling and excessively long diatribes that unnecessarily delay Council action. 10. Inappropriately engaging members of the public during meetings. 11. Being verbally abusive toward staff, other Council members, Council leadership, and the Emergency Manager. ui Cena Emergency Manager Order 8, Council Meeting Protocol, dated March 5, 2014, a copy of which is attached, provides, in part, that “Council members shall not make comments during Council meetings, other than to respond to roll call or to respond directly to a request of the Council President, or at his recognition. When recognizing a member, the Council President shall limit comments, discussion or debate to a reasonable amount of time;” and Councilman Mays has consistently disregarded and not carried out this provision of Order 8. He has repeatedly spoken at meetings without being recognized; refused to follow the directives of the Council President; ignored the Council President’s efforts to call him to order; continued speaking after having been requested by the Council President to stop; and interfered with the Council President’s efforts to conduct meetings in an orderly manner; and Emergency Manager Order 8 and Emergency Manager Order 10, Council Meeting Agenda, dated April 1, 2014, copies of which are attached, seek to ensure that “the business of the City of Flint conducted at City Council meetings occurs in an orderly, dignified, and efficient manner, reflecting the level of professionalism deserved by Council members, City officials, staff and the public;” and Councilman Eric Mays has consistently disregarded and not carried out this provision of Orders 8 and 10. Councilman Mays’ behavior significantly undermines the orderly conduct of Council xxxEND_PAGE:treasury01_b20_2634_2931_152 meetings, and causes an undignified, inefficient and highly unprofessional atmosphere for conducting the important business of the City of Flint; and Governance of the City of Flint is subject to extraordinary circumstances due to a financial emergency necessitating a response to Mr. Mays’ disruptive behavior; and Emergency Manager Orders 3, 8 and 10 are necessary to accomplish the purposes of Public Act 436; and Councilman Mays’ consistent refusal to abide by Order Nos. 3, 8, and 10 has substantially disrupted and interfered with my ability to manage the local government; and Implementation of my financial and operating plan requires that Council function in a competent, professional and efficient manner, and that it properly address assignments; and I have assigned important matters to Council, including review of the Fiscal Year 2015 budget; proposed ordinances and ordinance amendments; formation of multiple advisory committees; and have increasingly solicited their input regarding municipal affairs; and It is my intention to increase the assignments to Council, with the expectation that Council will assume greater responsibility for duties mandated in the Flint City Charter, and allowing the City to move to a transition advisory board, as contemplated by MCL 141.1563; and Councilman Mays’ continuous disruptive behavior has significantly impaired Council’s ability to address the assignments I have directed to that body, thereby disrupting my ability to manage the local government; and Order No. 3 was issued as a progressive step in an attempt to persuade Councilman Mays to correct his behavior and participate as a member of Council in a professional, constructive and thoughtful manner, consistent with the purposes of Public Act 436; and If allowed to continue, Councilman Mays’ disruptive behavior will significantly undermine my efforts to address the financial emergency and to accomplish the purposes of Public Act 436; and Based upon the above, Councilman Eric Mays is prohibited from access to Flint City Hall and all other City governmental office facilities, electronic mail, and internal information systems. This Order is effective May 21, 2014. This Order may be amended, modified, repealed or terminated by any subsequent order issued by the Emergency Manager. Dated: By: Darnell Earley Emergency Manager xxxEND_PAGE:treasury01_b20_2634_2931_153 City of Flint xc: State of Michigan Department of Treasury Mayor Dayne Walling Flint City Council Inez Brown, City Clerk S\P Bade\EM2014\Orders\Order No 13 Mays 05 20 14.doc xxxEND_PAGE:treasury01_b20_2634_2931_154 Byrne, Randall (T. reasury)