[Adopted 3-3-2005 by Ord. No. 236 (Ch. 2, Art. III, Div.
3, of the 2003 Code of Ordinances)]
As authorized by Section 1(3) chapter II of the 1895 PA 3,[1] as amended, the Village Clerk shall be chosen by nomination
by the Village President and appointment by a majority vote of the
Village Council. The Village Clerk is an administrative officer of
the Village.
[1]
Editor's Note: See MCLA § 62.1(3).
The term of office of the Village Clerk shall be two years from
the second Monday of March of each even-numbered year and until a
successor is appointed. The person first appointed as Village Clerk
under this section shall have an initial term of office commencing
as of the date such person takes and subscribes the oath of office
and files the same with the Village Clerk, together with the filing
of any bond required by law, but such initial term of office shall
commence not earlier than the second Monday of March 2007.
A.
The Village Manager shall be responsible for the employment (but
not the nomination of or the appointment of the Clerk, which is reserved
solely to the Village President and the Village Council, respectively),
suspension and discharge of the Village Clerk subject to the Village
Council approval. The Village Manager shall make such recommendations
to the Village President, who with the concurrence of four or more
trustees, will effect such actions. The Clerk shall serve at the pleasure
of the Village Manager and may, upon recommendation of the Village
Manager to the President be removed by the affirmative vote of four
or more trustees, but only after hearing before the Council.
B.
The Village Clerk will report and be responsible to the Village Manager
for the official functions and activities of the Clerk's position
and for the day-to-day operations of the Village, except as otherwise
provided by state law. The Village Clerk shall be selected on the
basis of administrative and technical abilities with special reference
to achieving and maintaining certifications at the appropriate level
for the Village. The Village Council shall establish the preferred
qualifications based on recommendations made to the Council by the
Village Manager.
A.
The Clerk shall possess all the powers vested in and shall be charged with the duties imposed upon clerks by the General Law Village Act, 1895 PA 3, MCLA § 61.1 et seq., except those duties and responsibilities reserved to the Village Manager by §§ 40-1 through 40-4 of this chapter. In addition, the Clerk shall perform all other such duties in the manner prescribed by Village ordinances or as directed by the Village Manager in accordance with the duties of Village Manager as set forth in §§ 40-1 through 40-4 of this chapter. The Clerk shall also perform such other duties as may be assigned or prescribed by ordinances of the Village, the Council or the Village Manager.
B.
The Clerk's duties shall include but shall not be limited to:
(1)
Be the Clerk of the Council and keep a permanent journal of its proceedings.
(2)
Keep a record of all ordinances, resolutions, and actions of the
Council.
(3)
Have power to administer all oaths required by state law, this article
and ordinances of the Village.
(4)
Be custodian of the Village seal, and affix it to all documents and
instruments requiring the seal and shall attest the same.
(5)
Be custodian of all papers, documents and records pertaining to the
Village, the custody of which is not otherwise provided for in this
article.
(6)
Give the proper officials of the Village ample notice of the expiration
or termination of any official bonds, franchises, contracts or agreements.
(7)
Issue and sign all licenses granted after the license fee has been
paid to the Treasurer and register the same.
(8)
Certify by signature all ordinances and resolutions enacted or passed
by the Council.
(9)
Conduct elections in accordance with this article and state election
law.
(10)
Be the general accountant of the Village and maintain a system
of accounts which conform to such uniform system as may be required
by state law.
(11)
Publish and post notices of the Village as required by this
article, state law, and ordinances of the Village.
