Text: Susan Malie memo

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Following is the full text of Susan Malie's memo on whether City Council needed to approve the appointment of a new General Services director, Yarone Zober:

TO: Luke Ravenstahl, President, City Council

FROM: Susan E. Malie, City Solicitor

DATE: July 25, 2006

SUBJECT: Designation of Heads of Non-Major Administrative Units

     Pursuant to Section 209 of the Home Rule Charter, City Council is required to confirm Mayoral appointments of heads of "major administrative units." The Charter expressly defines a major administrative unit as a subdivision of City government "whose head reports directly to the Mayor..."

     Under the current management structure and the Revised 206 Operating Budget, the position identified as "Director of General Services" is included as a sub-section within the Department of Finance. See pp. 100-103, "Finance: General Services Administration." As the director of a sub-section within the Department of Finance, the Director of General Services reports to the Director of Finance, i.e. the Director of General Services does not report directly to the Mayor. Therefore, the Home Rule Charter does not recognize the director of such a sub-section as a head of a major adminstrative unit.

     Thus, Council is not required, and arguably is not authorized to confirm the designation by the Mayor of a head of a non-major administrative unit, here, the position of "Director of Finance: General Services Administration." The Mayor is therefore free to designate an individual of his choosing for this position, subject, of course, to applicable guidelines of the Department of Personnel and Civil Service.

c: The Honorable Bob O'Connor


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