The council shall designate a qualified person to perform the
duties of city manager. He shall be selected by the council on the
basis of training and ability alone and shall serve at the pleasure
of and be subject to removal by the council at any time. With the
consent and approval of the council, the city manager may designate
an administrative officer or employee of the city to act as city manager
if he is temporarily absent from the city or unable to perform the
duties of his office. No person who holds or has held any elective
city office shall be eligible for appointment as city manager or acting
city manager during a vacancy in that office, until two years have
elapsed following the expiration of the term for which he was elected.
The city manager shall carry out the policies formulated by
the council. In conformity with the provisions of this Charter, he
shall be charged with and be responsible to the council for the supervision
and management of all of the services, works, and undertakings of
the city, except as otherwise provided in this Charter. He shall be
responsible for the enforcement of the ordinances of this city, the
administrative provisions of this Charter, and the applicable laws
of the state, the administration of the annual budget of the city
and the efficient administration of all departments of the city government.
He shall keep the council fully advised at all times as to the financial
condition and needs of the city. He shall make all reports to the
council required by this Charter, the ordinances, and resolutions
of the council, and, in addition thereto, such as he may deem advisable.
He shall propose to the council an administrative plan for the administration
of the affairs of the city government and may propose amendments thereto
at any time, which plan and amendments, when approved by resolution
of the council shall constitute the administrative plan of the city.
He shall have the right to take part in the discussion of all matters
coming before the council, but shall have no vote thereon. He shall
recommend to the council for adoption by it such measures as he may
deem expedient. In addition to the duties prescribed by this Charter,
the city manager shall perform such other administrative duties as
may be required of him by ordinance or resolution of the council.
The city manager shall appoint and remove all appointive officers
of the city, except the city manager and the city attorney; provided,
that any such appointment to or removal from the office of the clerk,
city auditor, treasurer, and assessor shall be effective only when
formally approved by resolution of the council. Each appointive officer
of the city, except the city attorney, shall hold office for an indefinite
term. On or before the first Monday in May following each regular
city election, the mayor shall appoint the city attorney with the
advice and consent of the council. The city attorney shall hold office
for a term of two years, beginning on and dating from the first day
of July of the year in which he is appointed to such office.
The council and its members shall deal with the administrative
service solely through the city manager, and neither the council nor
any member thereof shall give orders as to the performance of his
duties to any subordinate of the city manager, either publicly or
privately. Any violation of the provisions of this section by a councilman
shall constitute misconduct in office.
All administrative officers of the city, except the city attorney,
and the clerk insofar as he serves as the clerk of the council and
of the boards of the city, shall be subordinate to and responsible
to the city manager in the performance of the duties of their several
offices.
(a) The clerk shall be the clerk of the council and shall attend all
its meetings and keep a permanent journal of every session of the
council in the English language;
(b) He shall keep a record of all ordinances, resolutions, and actions
of the council, which record shall be public;
(c) He shall have power to administer all oaths required for municipal
purposes by state law, this Charter, and the ordinances of the city;
(d) He shall be custodian of all papers, documents, bonds, and records
pertaining to the City of Holland, the custody of which is not otherwise
provided for by this Charter;
(e) He shall be custodian of the city seal and shall affix it to all
documents and instruments requiring the seal of the city, and shall
attest the same;
(f) He shall give ample notice to the proper officials of the city of
the expiration or termination of any franchise, contract, or agreement
to which the city is a party, and to city officers personally of the
expiration of the terms of their respective offices and of any official
bonds required of them;
(g) He shall certify by his signature all ordinances and resolutions
enacted or passed by the council and perform any other duties required
of him by state or federal law, this Charter, the city manager, or
the ordinances and administrative plan of the city;
(h) He shall be the recording clerk of the boards of the city and shall
attend all their meetings and keep a permanent journal, in the English
language, of every session thereof;
(i) He shall issue all licenses required to be issued by the ordinances
of the city;
(j) He shall be the chief election officer of the city.
(a) The treasurer shall have custody of all moneys of the city, the clerk's
bond, if any, and all evidences of value belonging to the city or
held in trust by the city;
(b) Except as otherwise provided in this Charter, he shall receive all
moneys belonging to and receivable by the city, that may be collected
by any officials or employees of the city, including license fees,
taxes, assessments, and all other charges belonging to and payable
to the city, and shall in all cases, give a receipt therefor;
(c) He shall keep and deposit all moneys or funds in such manner and
only in such places as the council may determine and shall report
the same in detail to the city auditor;
(d) He is hereby vested with and shall exercise all powers, duties, immunities,
and prerogatives in regard to the collection and custody of state,
county, school district, and city taxes, assessments, charges, and
moneys as are conferred by law upon township treasurers to enforce
the collection of state, county, township, and school district taxes
upon real and personal property;
(e) He shall perform such other duties as may be prescribed for him by
state or federal law, this Charter, the ordinances and administrative
plan of the city, or by the city manager.
The clerk and the treasurer may appoint their own deputies,
subject to the written confirmation of the city manager. The clerk
and treasurer may terminate the status of their deputies at their
pleasure, upon written notice to the city manager. Such deputies shall,
in each case, possess all the powers and authorities of their superior
officers, except as the same may be from time to time limited by their
superiors or by the city manager.
(a) The auditor shall keep and shall be the custodian of the books of
account of the assets, receipts, and expenditures of all departments
of the city;
(b) He shall prescribe a method of keeping accounts for all departments
and offices of the city, which method shall be uniform as near as
practicable and shall conform to the laws of the state;
(c) He shall examine and audit all accounts and claims against the city,
except claims for unliquidated damages. He shall not issue or sign
any draft, check, or warrant, until he has verified the correctness
of the account for which the same is issued. He shall not allow the
payment of any account unless the money has been appropriated therefor;
nor shall be issue or sign any draft, check, or warrant for any account
against the city, unless sufficient money is in the fund against which
it is drawn;
(d) He shall examine and audit all books of account of the city treasurer
and of the municipal court at least once each month. At the end of
each fiscal year, and at any other time upon the direction of the
council, he shall examine and audit all books of account kept by each
officer, board, or department of the city;
(e) He shall prepare the annual budget of the city under the direction
of, and in the manner prescribed by, the city manager;
(f) He shall perform such other duties as may be required of him by this
Charter, or by the city manager.
(a) The assessor shall possess all the powers vested in, and shall be
charged with all the duties imposed upon, assessing officers by state
law.
(b) He shall make and prepare all regular and special assessment rolls
in the manner prescribed by this Charter, the ordinances of the city,
or by state law.
(c) He shall perform such other duties as may be prescribed for him by
state law, this Charter, the ordinances or administrative plan of
the city, or by the city manager.
The city attorney shall be the corporate counsel of the city.
He shall give his opinion in writing when requested to do so by the
council, the city manager or any board of the city. He shall act as
attorney for the city in all actions or hearings in all courts and
before all legally constituted tribunals or commissions whenever the
city is a party thereto or requires legal representation. He shall
prepare or officially pass upon, in writing, before execution, all
contracts, franchises, bonds, or other instruments in which the city
is concerned. The salary, as set by the council, shall be in contemplation
of the normal duties of the office of city attorney. The council may
pay additional special compensation for extraordinary or special undertakings,
provided the special compensation is agreed to by the council and
the attorney before the service for which such special compensation
is to be paid has been rendered.
The council may retain and compensate special legal counsel
in relation to any special project, undertaking, or litigation. Such
counsel may be employed to work independently in the special matter
or in cooperation with or as assistant to the city attorney.
The police forces of the city shall have and exercise all the
immunities, privileges, and powers of police officers under the common
law and statutes of the state for the preservation of quiet, good
order, and for the safety of persons and property in the city. They
shall arrest upon view, and with or without process, any person found
in the act of committing any offense against the laws of the state
or the ordinances of the city amounting to a breach of the peace and
shall forthwith take such person before the proper magistrate or court
for examination or trial.
The fire fighting and prevention forces of the city shall be
responsible for the use, care, and management of the city's fire fighting
apparatus and property and shall conduct such supervisory and educational
programs within the city and with its inhabitants and industrial and
business interests as will diminish the risk and potentiality of fires
within the city. The Fire Chief, or any person lawfully acting in
his stead, may command any person present at a fire to aid in the
extinguishment thereof and to assist in the protection of property
thereat. If any person shall wilfully disobey any such lawful requirement
or other lawful order of any such officer, he shall be deemed guilty
of a violation of this Charter, which Charter constitutes the governing
law of the City of Holland, and shall be subject to punishment therefor
as in this Charter provided. The chief executive officer of the fire
forces of the city, or any person lawfully acting in his stead, with
the concurrence of the mayor, or of the city manager, or of any two
councilmen, may cause any building to be pulled down or destroyed,
when deemed necessary in order to arrest the progress of fire. Reimbursement
by the city for the cost of any such building to persons having an
interest therein shall be made in the manner provided by section 11
of chapter XXIX of Act No. 215 of the Public Acts of 1895, which section,
insofar as it establishes the procedure for such reimbursement, is
hereby adopted and made a part of this Charter by reference.
The duties of all administrative officers, not otherwise provided
for herein, shall be those established by law and the administrative
plan proposed by the city manager and approved by the council.
The council shall maintain within the administrative service
of the city such city departments or agencies as may be required to
provide for the public peace and health and for the safety of persons
and property.
The council may provide by ordinance for a merit system of personnel
management for the city. Such ordinance shall provide a professional
and impartial approach to municipal personnel problems based solely
upon the fitness, training, and experience of the individual with
no discrimination on account of political or religious opinion. It
is the intent of this section to secure the establishment of a merit
system program as an integral part of the administrative service of
the city to the end that the handling of the personnel activities
will be done in a manner equitable to the city employee, satisfying
for the administrative officials to use, and, by increased efficiency
and improved administration, economical to the citizens.
The council may maintain for the benefit of the administrative
officers and employees of the city, either with the State of Michigan,
or by a plan of its own, a sound pension and retirement plan. No such
plan, established by the city, shall contain pension and retirement
benefits to such officers and employees which are less than the standards
set by the state-wide pension plan for municipal officers and employees
established and administered by the State of Michigan.
The council shall have the power to make available to the administrative
officers and employees of the city and its departments, and boards,
federal social security, if available, and recognized standard plans
of group life, hospital, health, or accident insurance.