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The following shall constitute the organization of City government:
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A.
There shall be a Mayor and six Councilmen who shall be nominated
and elected by the electors of the City at large. The Council shall
be composed of seven members consisting of a Mayor and six Councilmen.
B.
The Mayor shall be the executive head of the City.
C.
The Council shall constitute the legislative body of the City and
shall have power and authority, except as in this Charter or by statute
otherwise provided, to exercise all powers conferred upon or possessed
by the City, and shall have the power and authority to adopt such
laws, ordinances and resolutions as it shall deem proper in the exercise
thereof. In all cases where the word "Council" is used in this Charter,
the name shall be synonymous with the word commission or any other
term used in any state or federal law in referring to municipal legislative
bodies.
Members of the Council shall meet the eligibility requirements
contained in § C-5.1 of this Charter. The Council shall
be the sole judge of the qualifications of its own members, subject
only to review by the Court.
There shall be a Clerk and a Treasurer, both of whom shall be
nominated and elected by the electors of the City at large. There
shall be an Assessor who shall be appointed by the Mayor as provided
in § C-3.7 of this Charter.
The Clerk, Treasurer and Assessor shall meet the eligibility
requirements contained in § C-5.1 of this Charter.
The elective officers of the City shall be entitled to receive
as full compensation for their services an annual salary to be paid
quarterly as established by the Local Officers Compensation Commission.
The salaries of the elected officials, except as otherwise provided
in this Charter, shall constitute the only compensation which may
be paid to the elected officials for the discharge of any official
duty for and on behalf of the City during their tenure of office.
However, elected officials may, upon order of the Council, be paid
such bona fide expenses incurred in service on behalf of the City
as are authorized, itemized and approved by the Council.
A.
The Councilman who receives the highest number of votes cast at the
first election after this Charter is voted upon, and thereafter the
Councilman who shall have served a tenure of two years and has received
the highest number of votes cast at the time of his election to office,
shall be the Mayor Pro Tem unless such Councilman shall, in writing,
notify the Clerk of his or her declination to so serve before such
appointment becomes effective, in which event the Council shall designate
another of its members to serve as Mayor Pro Tem. The Mayor Pro Tem
shall serve until the first Council meeting following the biennial
election. In case of absence or disability of the Mayor, the Mayor
Pro Tem shall perform the duties of the Mayor during the period of
such absence or disability, and in the event of the absence or disability
of both the Mayor and Mayor Pro Tem, the Council shall designate another
of its members to serve as acting Mayor during such absences or disabilities.
B.
No additional compensation shall attach to the office of Mayor Pro
Tem.
A.
The elective administrative officers of the City shall be the Mayor,
City Clerk and City Treasurer. The appointive administrative officers
of the City shall be the Administrative Coordinator, City Assessor,
City Attorney, Chief of Police, Fire Chief, City Engineer, Director
of Public Works and such additional administrative officers or departments
as may be created by ordinance.
B.
The Council may, by ordinance, create additional administrative offices
and departments and may, by ordinance, combine any administrative
offices and departments in any manner it deems necessary or advisable
for the proper and efficient operation of the City and shall prescribe
the functions of each office and department and the duties, authorities
and responsibilities of the offices of each department, except as
otherwise provided in this Charter.
C.
The Mayor shall, within 30 days after his taking of office following
his election for the office of Mayor, appoint, subject to the approval
and confirmation by majority vote of the Council, those administrative
officers and department heads of the City government whose office
is subject to appointment, whether the office be established by this
Charter or as may be created by ordinance. In case the Mayor fails
to make any such appointments within the herein provided 30 days,
then the Council may make such appointments as the case may be. These
administrative appointments shall be made on the basis of executive
ability and of the training and experience of such appointees in the
work which they are to perform.
D.
The appointive administrative officers and department heads shall
be responsible to the Council, except as otherwise provided by this
Charter, and shall serve for a specified term, by ordinance, and shall
have their compensation fixed by the Council.
E.
The Council, however, shall have the power, by majority vote of its
members, to remove from office any appointive administrative officer
or department head. Removal of administrative officer(s) or department
head(s) appointed by the Council, or of members of boards or commissions,
shall be made for either of the following reasons: for any reason
specified by statute for removal of City officers by the Governor
or for any act declared by this Charter to constitute misconduct in
office. Such removals by the Council shall be made only after a hearing
of which such officer or department head has been given notice by
the Clerk at least 10 days in advance, either personally or by delivering
the same at his last known place of residence. Such notice shall include
a copy of the charges against such officer. The hearing shall afford
an opportunity to the person to be heard in his defense, in person
or by attorney, to cross-examine witnesses and to present testimony.
If such person shall neglect to appear at, or respond to, such hearing
and answer such charges, his failure to do so may be deemed cause
for his removal. A majority vote of the members of the Council in
office at the time, exclusive of any member whose removal is being
considered, shall be required for such removal.
F.
Such removed officer or officers shall not be reappointed to the
same office during the same term of the office of said Mayor. However,
such removed officer may be appointed by the Mayor to another office,
but such appointment shall not be effective until it is confirmed
by majority vote of the Council. In case the Council shall so remove
any appointee of the Mayor, the term of office of such appointee shall
terminate, and the Mayor shall proceed to fill the vacancy in the
manner so set forth for the appointment of administrative officers
and department heads. In case the Mayor fails to make any such reappointments
within 30 days after the termination, the Council shall make such
reappointment, as the case may be.
Under the provisions of this Charter, the Mayor shall, in addition
to any powers and duties otherwise provided by law, have powers and
duties as follows:
A.
Shall be the executive head of the City;
B.
Shall have a voice and vote in all proceedings of the Council equal
with that of the other members of the Council, but shall have no veto
power;
C.
Shall be the presiding officer of the Council;
D.
Shall be the conservator of the peace and, in emergencies, may exercise
within the City the powers conferred upon sheriffs to suppress riot
and disorder, and shall have the authority to command the assistance
of all able-bodied citizens to aid in the enforcement of the ordinances
and regulations of the Council and the authority of the City government;
E.
Shall execute or authenticate by his signature such instruments as
this Charter or any statutes of the State of Michigan or the laws
of the United States shall require;
F.
Shall see that all the laws and ordinances are enforced;
G.
Shall see that all terms and conditions imposed in favor of the City
or its inhabitants, in any public utility franchise or any contract,
are faithfully kept and performed;
H.
Shall be responsible for the preparation, submission and administration
of the annual budget;
I.
Shall recommend to the Council for adoption such measures as he may
deem necessary or expedient;
J.
Shall be responsible for the effective management of all departments
of the City government;
K.
Shall have such other powers and perform such other duties as may
be prescribed by law or this Charter or as may be required of him
by ordinance or direction of the Council;
L.
Shall approve the rules and regulations of the several departments
of the City government;
M.
Shall be recognized as the official head of the City for all ceremonial
purposes;
N.
Shall be responsible for the submission of an annual report of the
affairs of the City. Copies of such annual report shall be made available
for public inspection at the office of the Clerk within 30 days after
receipt of the audit.
The Clerk shall:
A.
Be the Clerk of the Council and shall attend all meetings of the
Council and shall keep a permanent journal of its proceedings and
sessions in the English language and shall authenticate the same by
affixing his signature;
B.
Certify by his signature all ordinances and resolutions enacted or
adopted by the Council;
C.
Keep a public record of all proceedings of the Council and shall
authenticate the same by his signature;
D.
Be custodian of all papers, documents, bonds and records pertaining
to the City, unless custody thereof is otherwise provided by law or
this Charter;
E.
Be custodian of the City seal and shall affix it to documents and
attest the same;
F.
Give notice to City officers, personally, of the expiration of the
terms of their respective offices and of any official bonds required
of them;
G.
Under authority of the Council, sign or countersign all contracts,
deeds, licenses or other public documents, communications and correspondence
on behalf of the City and shall keep a record thereof;
H.
Publish and post all notices, proceedings and other matters required
to be published or posted by law, this Charter or ordinance;
I.
Be the Chief Elections Officer of the City;
J.
Perform such other duties as may be required of him by law, this
Charter, the Mayor and/or the ordinances and resolutions of the Council;
K.
Have the power to administer oaths of office.
The Treasurer shall be the Chief Accounting Officer of the City
and shall:
A.
Have custody of all monies, funds and securities of the City, keep
accounts thereof, deposit same in the manner and in the places designated
by the Council and report the same forthwith in detail to the Council;
B.
Except as otherwise provided by this Charter or by ordinance, collect
all monies of the City, including charges for water and sewer services.
He shall receive from other officers and employees all monies belonging
to and receivable by the City that may be collected by them and shall
give receipts therefor.
C.
For the collection of taxes, have and exercise all of the powers
and immunities which are granted and reserved to him by this Charter
and by law;
D.
Disburse all City funds in accordance with the provisions of law
and this Charter and shall sign or countersign all checks or warrants
accordingly;
E.
Establish and maintain a general accounting plan for the City government,
which shall conform to any uniform system of accounting prescribed
for cities by law;
F.
Act as advisor and assist the Mayor in the formulation of each annual
budget proposal;
G.
Keep a separate account of each item of budget appropriation made
by the Council to a City administrative unit, and to other governmental
units and agencies, to the extent and in the manner required by law;
H.
Keep a daily account of all monies received and disbursed on behalf
of the City and shall keep a separate account with every department
and for each improvement for which funds are appropriated or raised
by tax or assessment;
I.
Draw no check or draft for the payment of any claim against, or obligation
of, the City unless it states particularly against which fund it is
drawn. No fund shall be overdrawn nor shall any check or draft be
drawn against one fund to pay a claim chargeable to another.
J.
Render quarterly and at such other times as the Mayor or the Council
may direct a detailed report to the Mayor and Council of the funds
and financial condition of the City;
K.
Perform such other duties as may from time to time be prescribed
by law or by ordinance of the Council, not inconsistent with the provisions
of this Charter or the laws of the State.
The Administrative Coordinator shall be responsible for the
supervision of all administrative services of the City, except as
otherwise provided by the Charter. He shall be chosen on the basis
of his executive and administrative ability and shall be a full-time
administrative officer. He shall be appointed by the Mayor, subject
to the approval and confirmation by majority vote of the Council.
He shall serve for a specified term and shall have his compensation
fixed by the Council by resolution. The Administrative Coordinator
shall assist the Mayor by:
A.
Coordinating the work of all administrative offices, including City
Clerk and Treasurer and such additional administrative offices as
the Council may from time to time establish, providing for efficient
administration of all departments of the City government;
B.
Assisting in the preparation and administration of the annual budget;
C.
Keeping informed with respect to the operation of the several administrative
departments, and, to that end, the heads of all administrative departments
shall furnish him with such information and periodic or special reports
as the Mayor and Council may deem necessary;
D.
Performing such additional duties as may be directed by the Mayor
and Council;
E.
Attending all Council meetings, but shall have no vote in Council
proceedings;
F.
Preparation of Council agendas and information packets for meetings
and workshops;
G.
Serving as general office manager of City Hall;
H.
Acting as liaison between Council and City boards and commissions;
I.
Completion of various reports, questionnaires, surveys and other
requests for information about the City;
J.
Coordination of City purchasing, within budget;
K.
Preparation and implementing of grant applications;
L.
Handling complaints about City services and providing answers to
citizen inquiries;
M.
Serving as Community Development Director and Personnel Coordinator;
N.
Representing the City to external boards as directed by Council;
O.
Implementing appropriate and adequate surety bonds for all personnel
as required by this Charter or ordinance (refer to § C-5.14,
Surety Bonds);
P.
Receiving reports of the activities of each department at the end
of each month and preparing a summary of all such reports for submission
to the Council;
Q.
Updating and maintaining the Administrative Manual;
R.
Notifying proper officials of the expiration or termination of each
franchise and contract to which the City is a party.
The Assessor shall possess all the powers vested in and shall
be charged with the duties imposed upon assessing officers by statute.
He shall prepare all regular and special assessment rolls in the manner
prescribed by § C-9.6 of this Charter or by ordinance or
statute. He shall perform such other duties as may be prescribed for
him in this Charter or by the Council.
A.
The Attorney shall:
(1)
Be attorney and counsel for the City and be responsible to the Council;
(2)
Act as legal advisor to the Mayor and attorney and counsel for the
Council and all of its members relating to their official duties;
(3)
Give written opinions to any officer, department head or commission
of the City when requested in writing by the Mayor, the Council or
the commission to do so and file with the Clerk a copy of the same;
(4)
Prosecute ordinance violations when so directed by the Council and
represent the City in cases before courts and other tribunals and
shall file with the Clerk copies of such records and files relating
thereto as the Council may direct;
(5)
Prepare or review all ordinances, regulations, contracts, bonds and
such other instruments as may be required by this Charter or by the
Council and shall promptly give his opinion as to the legality thereof;
(6)
Attend all regular meetings of the Council, and other meetings as
requested by the Council.
B.
Upon recommendation of the Attorney, or upon its own initiative,
the Council may retain special legal counsel to handle any matter
in which the City has an interest or assist in counsel with the City
Attorney therein.
The Chief of Police shall be the administrative head of the
Police Department and shall be accountable and responsible to the
Mayor for the performance of his duties. He shall perform all duties
prescribed for him by law, this Charter, the Mayor and/or ordinances
or resolutions of the Council.
The Fire Chief shall be the administrative head of the Fire
Department and shall be accountable and responsible to the Mayor for
the performance of his duties. He shall be responsible for the function
and duties of a Fire Marshal. He shall perform all duties prescribed
for him by law, this Charter, the Mayor and/or ordinances or resolutions
of the Council.
A.
The Mayor and Council shall, from time to time as the need arises,
secure the services of a City Engineer. He shall be a registered engineer
and qualified to act within the State of Michigan and shall be accountable
and responsible to the Mayor for the performance of his duties.
B.
He shall be responsible for all engineering work required in the
administration of the functions of the City government.
C.
He shall be responsible for the preparation of all necessary plats,
maps, surveys, diagrams and estimates of cost required by the Council
or the administrative services of the City relating to the buildings,
grounds, streets, parks and public improvements of the City.
D.
He shall have and exercise within the City the rights, powers and
duties as are conferred by law upon county surveyors.
E.
He shall perform such other duties as are prescribed by law, this
Charter, the Mayor and/or ordinances or resolutions of the Council.
A.
The Director of Public Works shall be the administrative head of
the Department of Public Works and shall be accountable and responsible
to the Mayor for the performance of his duties.
B.
He shall be responsible for the maintenance, alteration, improvement
and repair of streets, sidewalks, sewers, sewage disposal facilities,
water mains and water facilities and all other public grounds, buildings,
facilities and equipment which are not placed under the charge of
some other department by this Charter, the Mayor and/or the Council
in accordance with the authority granted by this Charter.
C.
He shall perform such other duties as may be prescribed by law or
this Charter or as may be required of him by the Mayor or Council.
A.
The full-time personnel other than elected and appointive officers
shall be deemed City employees.
B.
The Council may, with respect to City employees, establish a system
for their selection, tenure, promotion, demotion, discharge and fixing
of terms and conditions of employment of City employees. The City
shall not discriminate on the grounds of sex, race, color, religion
or national origin.
The head of each department shall have the power to hire, suspend,
discharge or otherwise take other appropriate disciplinary action
against the employees of his department, with confirmation by the
Council. An employee who has been discharged may, within 10 days thereafter,
petition the Council to hear the facts regarding such discharge, and
in such case, the Council may, in its sole discretion, order a hearing
and inquire into such facts and may make such decision in the matter
as it considers proper.
The administrative officers may recommend to the Council the
appointment and/or termination of their respective deputies and may
also recommend a person or persons to such office. Such deputies as
may be appointed by the Council shall, in any case, possess all of
the powers and authorities of their superior officers except as the
same may be from time to time limited by their superior officers.
A Local Officers Compensation Commission is created which shall
determine the salaries of each elected official.
A.
The Commission shall consist of five members. The members shall be
registered electors of the City, appointed by the Mayor, subject to
approval of the Council. The terms of office shall be five years,
except that the members first appointed shall be appointed for terms
of one, two, three, four and five years, on a staggered basis, so
that the term of one member expires each year. Members other than
the first members shall be appointed before October 1 of the year
of the appointment for a term of five years. Vacancies shall be filled
for the remainder of the unexpired term. A member or employee of the
legislative, judicial or executive branch of government shall not
be a member of the Commission.
B.
The Commission shall determine the salary of each local elected official.
The determination shall be the salary unless the Council, by resolution
adopted by two-thirds of the Council, rejects it. The determination
of the Commission shall be effective 30 days following its filing
with the City Clerk, unless rejected by the legislative body. If the
determination is rejected, the existing salary shall prevail.
C.
The Commission shall meet for not more than 15 session days in each
odd-numbered year and shall make its determination within 45 calendar
days after its first meeting. A majority of the members constitute
a quorum for conducting business of the Commission. The Commission
shall not take action or make a determination without a concurrence
of a majority of the members appointed and serving on the Commission.
D.
The Commission shall comply with Acts No. 267 and No. 442 of Public
Acts of 1976, MCLA 15.261 et seq. and 15.231 et seq.
A.
The Council shall maintain a City Planning Commission in accordance
with and having the powers and duties granted by the provisions of
statute relating to such commissions.
B.
The Council shall maintain a Zoning Ordinance in accordance with
the provisions of statute relating to such ordinances. Insofar as
may be, such ordinance shall provide that zoning be coordinated with
the work of the City Planning Commission and a Zoning Board of Appeals
consisting of six members who shall be electors of the City, and of
whom not less than one nor more than two shall be administrative officers.
Insofar as may be, said Zoning Board of Appeals shall coordinate its
work with the Building and Safety Appeal Board as hereinafter provided.
The Council shall maintain a building and safety ordinance in
accordance with the provisions of statute relating to such ordinances
and a Building and Safety Appeal Board consisting of five members
of whom not less than one nor more than two shall be administrative
officers. Insofar as may be, said Board shall coordinate with the
Zoning Board of Appeals as heretofore provided.
A.
The Council may not create any board or commission, other than those
provided in this Charter, to administer any activity, department or
agency of the City government, except:
C.
All members of the City boards and commissions shall be appointed
by the Mayor, subject to the approval and confirmation by a majority
vote of the City Council.
The Council may maintain a Community Center Authority in accordance
with and having the powers and duties granted by the provisions of
statute relating to such authorities.
The Council may maintain an Economic Development Corporation
in accordance with and having the powers and duties granted by the
provisions of statute relating to such corporations.
The Council shall maintain a Housing Commission in accordance
with and having the powers and duties granted by the provisions of
statute relating to such commissions.
