Lawsuit Seeks to Remove Dearborn Ballot Proposal
Former Dearborn Civil Service Commissioner Marjorie Powell is seeking a court order to prevent Dearborn city officials from trying to eliminate the city’s Civil Service system through a Nov. 8 ballot question.
In a lawsuit filed by Dearborn attorney Morris Goodman, plaintiff Powell claims the city of Dearborn is in violation of Michigan law and is seeking an injunction to have the question removed from the ballot.
The Nov. 8 ballot question asks Dearborn residents to decide on a measure that would eliminate the city’s civil service system, a governing commission that oversees city employee matters, including hiring, promotions and rate of pay. While commissioners are not paid, the city’s human resources administrator, who reports to the appointed commission, earns a six figure salary.
Elected city leaders claim the commission is redundant, duplicating the protections provided by unions. Powell and her lawyer say the ballot question is “disingenuous” and in violation of state law.
“It is clear the real reason that the City of Dearborn wants to change from a Civil Service System to a Human Resources Commission is to rid itself of Marjorie Powell, the litigation in case (she has against the city) and Human Resources Administrator Valerie Murphy Goodrich,” the lawsuit states.
“. . . By eliminating the Civil Service Commission, both Powell and Murphy-Goodrich would also be eliminated so they could not be in a position to thwart attempts to appoint unqualified political cronies to positions of power within Dearborn city government.”
The wording of the ballot proposal says:
“The Dearborn Civil Service System as defined in Chapter 11 of the Dearborn City Charter was created before city employees formed 8 distinct labor unions to represent their interests in negotiating contracts that cover wages, benefits and work rules. The provisions in these contracts take precedence over the Civil Service policies. Dearborn is one of the few Michigan cities that still has a Civil Service Commission. If necessary, the City Council could create a Human Resources Commission by ordinance to oversee any employment issues for City employees.
“Shall the Dearborn City Charter be amended to eliminate the Civil Service Commission by repealing Chapter 11?”
According to the lawsuit, the city is in violation of Michigan law because the ballot question cannot be more than 100 words and “shall consist of a true and impartial statement of the purpose of the amendment or question in language that does not create prejudice for or against the amendment or question . . .”
In addition, the lawsuit points out that most larger Michigan cities do indeed have a Civil Service Commission, including: Detroit, Grand Rapids, Warren, Flint, Sterling Heights, Lansing, Livonia, Westland, Troy, Southfield, Kalamazoo, Wyoming, Pontiac, Taylor, St. Clair Shores, Saginaw, Royal Oak, Dearborn Heights and Muskegon.
“To say ‘Dearborn is one of the few Michigan cities that still has a Civil Service Commission’ is disingenuous and needs and explanation,” according to the lawsuit.
The lawsuit also notes that a new City Charter was passed by voters in 2007 that “maintained and even strengthened the prior Civil Service Commission provision.”
This could get messy. Stay tuned . . .
October 11th, 2011 at 9:41 am
“Could get messy”, you got that right.
October 11th, 2011 at 11:47 am
Marge to say this is going to be messy is a joke, they want u out of the City period. They (Big Boy) and his rat pack feel u are useless, and a thorn in their ass, so they are going after u. They hope this will put an end to u, and Goodrich, and I have already received info, via the mail and they feel this will be the end of the both of u. You better line up your friends, or else they are going to win. Good Luck, but I think they got u and Goodrich.
October 11th, 2011 at 10:40 pm
The big guy does what he want, the Civil Service Commission is a sham, currently all hires, promotions and raises must have Mark Guidos’ stamp of approval on it. Don’t believe it, F.O.I.A. a few documents and see for yourself it will be there.
October 12th, 2011 at 7:45 am
Civil service laws maintain transparency and the civil service commission upholds those laws and holds politicians accountable. This check and balance against rampant cronyism must be maintained. Why eliminate this commission now after 60 years? Government must be transparent and accountable to the people it serves. Eliminating this commission only adds excessive secrecy and serves no public policy purpose
October 12th, 2011 at 1:18 pm
Why stop with the civil service commission? Why not list ALL the commissions whose members are hand-picked by the mayor and his minions and ask voters which ones they would like to keep or eliminate. But that would require transparency, as lists of the committees and their members are not easily available to the public, and sometimes require filing a FOIA request.
October 12th, 2011 at 5:01 pm
When did the Civil Service Commission ever vote to reverse any hiring, firing or disciplinary decision made by a city department head? Seems like a “watchdog” who has no teeth to me.