No person shall hold an elective or appointive office in the
City of Rockwood unless he is qualified in the following manner:
A.
A resident of the City for at least 30 days prior to the time of
his filing of original petitions for elective office;
B.
A registered elector of the City of Rockwood on such last day for
filing of petitions and throughout his tenure of office;
C.
No person shall be eligible who is in default to the City unless
such default shall be eliminated within 30 days after written notice
thereof has been served upon him by the Council or unless such person
shall in good faith be contesting the liability of such default;
D.
No person shall be eligible who shall be found guilty by a competent
tribunal of the commission of a felony;
E.
No person shall be eligible at a regular or special election who
is an appointive officer or an elective officer whose term of office
does not expire at 8:00 p.m. on the Monday next following the next
regular election unless he shall resign either as an appointive or
elective officer whose resignation shall be in writing and filed with
the Clerk at least 30 days before the next regular or special election;
F.
All elected officers of the City shall be citizens of the United
States;
G.
While holding an elective office, no elective officer may be appointed
to any City office or be employed by the City;
H.
No elective officer shall be elected or appointed to any office which
was created or the compensation of which was fixed or increased by
the commission while he was a member of such commission until the
expiration of one year from the date when he ceased to be a member
of the commission.
Any elective City office shall be declared vacant by the Council
upon the occurrence of any of the following events before the expiration
of the term of such office:
A.
For any reason specified by statute or by this Charter as creating
a vacancy in office;
B.
If no person is elected to, or qualified for, the office at the election
at which such office is to be filled;
C.
If the officer shall be found guilty by a competent tribunal of any
act constituting misconduct in office under the provisions of this
Charter;
D.
If the officer shall absent himself continuously from the City for
more than 30 consecutive days in any one year without the permission
of the Council;
E.
In the case of any members of the Council, if such officer shall
miss all consecutive regular meetings of the Council for a period
of two months or 25% of such meetings in any fiscal year of the City,
unless such absences shall be excused by the Council and the reason
therefor entered in the proceedings of the Council at the time of
such absence; Council members shall notify the Clerk's office
prior to their absence;
F.
If the officer is removed from office by the Council in accordance
with the provisions hereinafter set forth.
The office of any member of any board or commission created
by or pursuant to this Charter shall be declared vacant by the Council
before the expiration of the term of such office:
A.
For any reason specified by statute or by this Charter as creating
a vacancy in office;
B.
If the officer shall be found guilty by a competent tribunal of any
act constituting misconduct in office under the provisions of this
Charter;
C.
If such officer shall miss all consecutive regular meetings of such
board or commission for a period of two months or 25% of such meetings
in any fiscal year of the City, unless such absences shall be excused
by such board or commission, and the reason therefor entered in the
proceedings of such board or commission at the time of each absence;
D.
If the officer is removed from office by the Council in accordance
with the provisions hereinafter set forth.
Removals by the Council of elective officers or of members of
boards or commissions shall be made for either of the following reasons:
A.
For any reason specified by statute for removal of City officers
by the Governor;
B.
For any act declared by this Charter to constitute misconduct in
office. Such removals by the Council shall be made only after hearings
of which such officer 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 officer, in person or by attorney, to be heard in his defense,
to cross-examine witnesses and to present testimony. If such officer
shall neglect to appear at 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 members whose removal may be being considered, shall be required
for any such removal.
Resignations of elective officers and of members of boards and
commissions shall be made in writing and filed with the Clerk and
shall be immediately acted upon by the Council at its next regular
meeting following receipt thereof by the Clerk. Resignation of the
Clerk shall be made to the Mayor and shall be immediately acted upon
by the Council at its next regular meeting. Resignations of appointive
officers shall be made in writing to the appointing officer or body
and shall be acted upon immediately.
A.
Office of Mayor. Vacancies occurring in the office of Mayor shall
be filled for the balance of the unexpired term of Mayor by the Mayor
Pro Tem, and vacancies occurring in the office of Mayor Pro Tem shall
be filled for the balance of the unexpired term of Mayor Pro Tem by
appointment of a member of the Council in accordance with § C-4.5
of this Charter. Such appointment shall create a vacancy in the office
of Councilman for the unexpired term of the office of Mayor.
B.
Office of the Clerk and Treasurer. Vacancies occurring in the office
of the Clerk and Treasurer, 60 days or more before the next regular
City election, shall be filled at or before the second regular Council
meeting following such vacancy by a majority vote of the members of
the Council, such appointee or appointees to hold office until the
Monday following such election, at which election such vacancies shall
be filled, as provided in § C-4.5, for any balance of the
original unexpired term. Vacancies in the office of Clerk and Treasurer
occurring less than 60 days before the next regular City election
shall not be filled.
C.
Office of Council. Vacancies occurring in the office of Council for
more than 90 days before the next regular City election shall be filled
within 45 days by a majority vote of the remaining members of the
Council, said appointee to hold office until the Monday following
such election, at which election such vacancies shall be filled as
provided in § C-4.5 for any balance of the original unexpired
term.
D.
Any vacancies which occur for 90 days or less before the next regular
City election shall not be filled.
E.
If any vacancy in the office of Council which the Council is authorized
to fill is not so filled within 45 days after such vacancy occurs,
or if three or more vacancies exist simultaneously in the office of
Council, such vacancies shall be filed for the respective unexpired
terms at a special election. In connection with any special election
to fill a vacancy or vacancies in any elective office, no primary
election shall be held; candidates shall be nominated by petitions
in a manner identical to that provided in §§ C-4.8
to C-4.11 inclusive; the names of all qualified candidates who filed
sufficient valid nomination petitions 30 days before each special
election shall be certified to the Election Commission and placed
on the ballot; and all other provisions of this Charter, not inconsistent
with this § C-5.6, shall govern.
F.
The provisions of this § C-5.6 shall not apply to the filling
of vacancies resulting from recall.
Vacancies in appointive offices shall be filled in the manner
provided for making the original appointment. In the case of members
of boards or commissions appointed for a definite term, such appointments
shall be for the unexpired term.
All full-time administrative officers of the City, if not residents
of the City at the time of their appointment, shall become residents
thereof within one year thereafter and shall so remain while so serving.
A.
Except by procedure provided in this Charter, the terms of elected
officials and members of boards or commissions appointed for a definite
term may not be shortened or extended beyond the period for which
the officer was elected or appointed, except that a Councilman shall,
after his term has expired, continue to hold office until his successor
is elected or appointed and has qualified. Where several terms of
Councilmen expire simultaneously, the Councilman who was elected by
the highest number of votes (or any appointee who filled his position)
shall be deemed to be succeeded by the candidate who received the
highest number of votes, that Councilman who was elected by the second
highest number of votes, by the candidate who receives the second
highest number of votes, etc.
B.
The Council shall not grant or authorize extra compensation to any
officer or employee after the service has been rendered.
A.
The compensation of all employees and officers of the City whose
compensation is not provided for herein shall be fixed by the Council
within the limits of budget appropriations and in accordance with
any pay plan adopted by the Council. The Council shall not grant or
authorize extra compensation to any officer or employee after the
service has been rendered.
B.
No officers, except the City Attorney or City Engineer, shall be
paid on a fee basis. The respective salaries and compensation of officers
and employees as fixed pursuant to this Charter shall be in full for
all official services of such officers or employees and shall be in
lieu of all fees, commissions and other compensation receivable by
such officers or employees for their services.
C.
Any such fees, commission and other compensation shall belong to
the City and shall be collected and accounted for by such officers
or employees and be paid into the City treasury, and a statement thereof
filed periodically by the Treasurer with the Clerk. The provisions
of Subsection B of this section shall not apply to fees, commissions
or other compensation paid by the County of Wayne to any officer or
employee serving as a City representative of the Board of Commissioners.
D.
Nothing contained in this section shall prohibit the payment of necessary
bona fide expenses incurred in service on behalf of the City.
A.
Except as permitted by this section, no contract or purchase involving
an amount in excess of 300 dollars shall be made by the City in which
any officer or any member of his family has any financial/ personal
interest, direct or indirect. A "contract" shall, for the purposes
of this section, include any arrangement pursuant to which any material,
service or other thing of value is to be furnished to the City for
a valuable consideration to be paid by the City or is to be sold or
transferred by the City, except the furnishing of personal services
as an officer or employee of the City; and the term "member" of his
family shall include only spouse, child, grandchild, father, mother,
sister, brother and the spouse of any of them.
B.
Without limiting the generality of Subsection A of this section,
an officer shall be deemed to have a financial/personal interest in
a contract if he or any member of his family is an employee, partner,
officer, director or sales representative of the person, firm or corporation
with which such contract is made or of a sales representative of such
person, firm or corporation. Ownership, individually or in a fiduciary
capacity, by an officer or member of his family of securities or of
any beneficial interest in securities of any corporation with which
a contract is made, or which is a sales representative of any person,
firm or corporation with which such contract is made, shall not be
deemed to create a financial/personal interest in said contract unless
the aggregate amount of such securities or interest in such securities,
so owned by such officer and the members of his family, shall amount
to ten percent of any class of the securities of such corporation
then outstanding.
C.
A contract in which an officer or member of his family has a financial
interest may be made by the City if the members of the Council, having
no such interest, shall unanimously determine that the best interests
of the City would be served by the making of such contract and if
such contract is made after comparative prices are obtained.
D.
Any officer who knowingly permits the City to enter into any contract
or purchase in which he has a financial/personal interest without
disclosing such interest to the Council prior to the action of the
Council in authorizing such contract shall be guilty of misconduct
in office. Except in the instances specified in Subsection C of this
section, the unanimous determination by vote or written instrument
of all members of the Council that in a particular case an officer
or member of his family will not have a financial/personal interest
in any contract or purchase to be entered into by the City shall be
final and conclusive in the absence of fraud or misrepresentation.
E.
No member of the Council shall vote on any question in which he has
a financial/personal interest, other than the common public interest,
or on any questions concerning his own conduct, but on all other questions
each member who is present shall vote when his name is called, unless
excused by the unanimous consent of the remaining members present.
Any member refusing to vote, except when not so required by this subsection,
shall be guilty of misconduct in office.
F.
No officer or employee shall devote any City property or labor to
private use.
G.
This section shall be governed by and in compliance with 1968 PA
317, MCLA 15.321.
A.
Unless the Council shall, by unanimous vote, which vote shall be
recorded as part of its official proceedings, determine that the best
interests of the City shall be served, the following relatives of
any elective or appointive officer are disqualified from holding any
appointive office or employment during the term for which said elective
or appointive officer was elected or appointed: spouse, child, parent,
grandchild, grandparent, brother, sister, half-brother, half-sister
or the spouses of any of them. All relationships shall include those
arising from adoption. This section shall in no way disqualify such
relatives or their spouses who are bona fide appointive officers or
employees for the City at the time of the election or appointment
of said official.
B.
The provisions of this relationship, above, specifically apply to
the prohibition of the employment of relatives to be directly under
the supervision of another relative. Employment of another department
than that of the relatives' supervision is permissible subject
to review by the Council.
C.
No member of the Council shall vote on any question in which he has
a personal/financial interest, other than the common public interest,
or on any question concerning his own conduct, but on all other questions
each member who is present shall vote when his name is called, unless
excused by the unanimous consent of the remaining members present.
Any member refusing to vote, except when not so required by this paragraph,
shall be guilty of misconduct in office.
Every officer, elective or appointive, before entering upon
the duties of his office, shall take the oath of office prescribed
for public officers by Section 1 of Article XI of the Constitution
of the State of 1963 and shall file the oath with the Clerk, together
with any bond required by statute, this Charter or the Council. In
case of failure to comply with the provisions of this section within
10 days from the date he is notified in writing of his election or
appointment, such officer shall be deemed to have declined the office,
and such office shall thereupon become vacant unless the Council shall,
by resolution, extend the time in which such officer may qualify.
A.
Except as otherwise provided in this Charter, all officers of the
City whose duties involve the custody of public property or the handling
of public funds, either by way of receipt or disbursement, or both,
and all other officers and employees so required by the Council shall,
before they enter upon the duties of their respective offices, file
with the City an official bond in such form and amount as the Council
shall direct and approve. Such official bond of every officer and
employee shall be conditioned that he will faithfully perform the
duties of his office and will, on demand, deliver over to his successor
in office or other proper officer or an agent of the City all books,
papers, monies, effects and property belonging thereto, or appertaining
to his office, which may be in his custody as an officer or employee;
and such bonds may be further conditioned as the Council prescribes.
The official bond of every officer or employee whose duty it may be
to receive or pay out money, besides being conditioned as above required,
shall be further conditioned that he will, on demand, pay over or
account for to the City or any proper officer or agent thereof all
monies received by him as such officer or employee. The requirements
of this subsection may be met by the purchase of one or more appropriate
blanket surety bonds covering all or a group of City employees and
officers.
B.
All official bonds shall be corporate surety bonds, and the premiums
thereon shall be paid by the City. All bonds of all officers or employees
shall be filed with the Clerk, except that any bond pertaining solely
to the Clerk shall be filed with the Treasurer.
Whenever any officer or employee shall cease to hold such office
or employment for any reason whatsoever, he shall, within five days
or sooner, on demand, deliver to his successor in office or to his
superior all the books, papers, monies and effects in his custody
as such officer or employee. Any officer violating this provision
may be proceeded against in the same manner as public officers generally
for a like offense under statute.
The Council shall have the power to adopt and make available
to the administrative officers and employees of the City and its departments
and boards any recognized standard plan of group life, hospital, health
or accident insurance, either independently of, or as a supplement
to, any retirement plan provided for such employees and officers.
The Council may submit to the electors by referendum a proposal
for the establishment of a civil merit system for City employees;
provided, however, the Council shall, upon a majority vote of the
electors voting for the aforesaid proposal, provide by ordinance for
a civil merit system for City employees.
The Council shall provide by ordinance for an orderly retirement
system for full-time City employees.
