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 . . .