Statement from Mayor Stone on City Council’s Emergency Purchasing Amendment
Warren, MI (April 12, 2024) – As Mayor, per City Charter I am responsible for ensuring the day-to-day operations of our city. I am committed to delivering dependable and quality public services the citizens of Warren expect with integrity and fidelity. As such, I veto the Emergency Purchasing Ordinance adopted by the Warren City Council on Tuesday, April 9, 2024 under Agenda Item 13b.
I recognize the importance of having an Emergency Purchasing Ordinance because I had to utilize this authority within my first week as mayor, on Monday November 27, 2023. When a major malfunction of the Waste Water Treatment Plant’s only sewage sludge incinerator had a hearth collapse. The equipment had to immediately stop being utilized and an alternative means of disposing of sewage sludge had to be identified. The Department Head proposed a plan of action to get the equipment repaired as quickly as possible and dispose of the waste product in the meantime. Repairs were expected to cost $700,000. The amount necessary to respond was far above the arbitrary amount proposed to be imposed by council.
The City Charter already includes an emergency purchasing ordinance to provide for continuity of service. When unexpected situations arise that potentially disrupt services, the mayor is responsible to ensure services are delivered. The ordinance was framed not only to achieve continuity of service, it also included checks and balances, and transparency to the Council and public.
As defined in the City Charter’s Emergency Purchasing Ordinance, an emergency for the purposes of purchasing allows a mayor to quickly respond to disruptions to city services. However, City Council redefined “emergency” in extreme terms, more specific to a natural disaster or public crisis. The charter includes an Emergency Management Ordinance for the oversight of disasters. Emergency Purchasing serves a different function. The purchasing ordinance is clearly intended to address practical delivery of service.
Another potential problem of the revised language adopted by council is an arbitrary cap on spending. Although City Council increased the cap from the first reading, it fails to provide for effectively managing time-sensitive problems. The Charter mandates, not asks, the mayor to ensure the efficient administration of all departments of city government. Government services, facilities, and equipment can cost into the millions of dollars.
The revised ordinance adopted by council does not require City Council to meet or vote in response to an Emergency Purchase. If City Council strips the executive office of the authority to provide adequate oversight of City operations, City Council must be required to respond quickly and render a decision on any emergency funding that would exceed the arbitrarily imposed funding cap. City operations cannot be left unresolved in emergency situations.
It is unclear what problem the City Council was attempting to solve with the ordinance language adopted. The first reading of the proposed language was on October 25, 2022, in response to the previous administration. Since then, four new City Council members have been elected, and a new mayor. I was disappointed that Council failed to contact the City Attorney, the City Purchasing Agent, the City Controller, or the Mayor’s office to seek input on the potential for unintended consequences of ordinance language.
Having utilized Emergency Purchasing Orders in the past with integrity and fidelity to provide for the continued services to residents that they expect from the City of Warren, it is imperative that the executive branch continues to have Emergency Purchasing capabilities to rapidly address emergencies.
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