Except as otherwise provided in this charter, a person is eligible
to hold any city office if he is (1) over 21 years of age, (2) a registered
elector of the city, and (3) a resident of the city or of territory
annexed to the city, or both, for at least two years continuously
immediately preceding his election or appointment, as the case may
be. As to appointive officers, other than members of city boards,
the foregoing requirements, other than as to age, may be waived by
a vote of six or more members of the Council. When such requirement
is waived, the appointment shall be provisional, until the appointee
becomes a registered elector of the city. No person shall hold office
under a provisional appointment after two years from the date of his
first appointment.
(a)
A person who is in default to the city shall not be eligible to hold
any city office.
(b)
A person who holds or has held an elective city office shall not
be eligible for appointment to an appointive office or employment,
for which compensation is paid by the city, until two years have elapsed
following the term for which he was elected, or appointed in case
of a vacancy.
(b)
Each appointive officer, except members of boards, shall serve for
an indefinite term.
(c)
Terms of office of persons appointed to fill vacancies shall commence
at the time of appointment, and shall continue until the end of the
term of office vacated.
(d)
With the consent of the Council, and for so long as the Council shall
permit, an elective officer may continue in the office held by him
after the expiration of his terms, until his successor has been elected
or appointed and has qualified for the office.
Within three days after the canvass of the vote of the election
at which a person has been elected to office, or after the Council
has made or confirmed an appointment, the Clerk shall mail to the
person elected or appointed a certificate of such election or appointment.
The Council shall fix the compensation for all officers, except
as otherwise provided by law. Within budget appropriations, reasonable
expenses may be allowed to officers when actually incurred and after
they have been audited by the City Auditor and approved by the Council.
Every officer, before entering upon his duties, and all employees
designated by the Council, before entering upon their employment,
shall take the oath prescribed by Section 2 of Article XVI of the
Constitution, and shall file the same with the Clerk.
In order to protect the city and the public, the Council may
require appropriate corporate surety bonds of its officers and employees.
The city shall pay the premium on all such bonds. No official bond
shall be issued for a term exceeding three years, except bonds which
are required of officers serving terms of office which are longer
than three years. The terms of bonds required by this section shall
not be extended by the renewal thereof. The requirements of this section
may be met by the purchase by the city of one or more blanket corporate
surety bonds covering all or any group or groups of the officers and
employees of the city.
Except for himself or his immediate family, no officer shall
give or furnish any bail or recognizance in connection with any complaint
or warrant charging the violation of this charter or any ordinance
of the city. No officer or employee of the city shall give or become
a surety, nor shall be be the agent of any surety or insuror in connection
with any bond or insurance required by the Council, this charter,
or any ordinance of the city.
(a)
A city office shall become vacant upon the occurrence of any of the
following events: (1) expiration of the term of office; (2) death
of the encumbent; (3) resignation; (4) removal from office; (5) ceasing
to be an inhabitant of the city; (6) conviction of an infamous crime,
or of an offense involving a violation of oath of office; (7) default
to the city, unless such default is eliminated within 30 days after
written notice thereof by the Clerk upon the direction of the Council,
or, unless the officer in good faith contests, by recognized means
of legal procedures, his liability for the default; (8) a decision
of a competent tribunal declaring the officer's election or appointment
void; (9) failure to take the oath or file the bond required for the
office within 10 days from the date of election or appointment or
within such other time, thereafter, as the Council may fix; (10) in
the case of a Councilman, including the Mayor, absence from four consecutive
regular meetings of the Council, unless such absences, with reasons
therefor stated at the time and appealing in the journal of the meeting
from which the member was absent, be excused, or 25% of such meetings
in any calendar year, unless such absences are so excused; (11) absence
from the city or failure to perform the duties of such office for
60 consecutive days, unless such absence from the city or failure
to perform the duties of office shall be excused by the Council prior
to the expiration of such sixty-day period; or (12) any other event
which, by law, creates a vacancy.
(b)
The Council may remove any officer who is appointed for a definite
term of office for misfeasance, non-feasance, or malfeasance in office
by a vote of not less than six of its members.
Resignations of elective officers shall be made in writing to
the Clerk. Resignations of appointive officers shall be made in writing
to the appointing authority. The appointing officer or the Clerk,
as the case may be, shall announce the resignation of any officer
to the Council at its next meeting.
An elective officer may be recalled, and the vacancy so created
shall be filled, in the manner prescribed by law.
(a)
If a vacancy occurs in the office of the Mayor, any Councilman, or
the Municipal Judge, the Council shall, within 30 days thereafter,
fill the vacancy for the balance of the term.
(b)
If a vacancy occurs in an appointive office, such vacancy shall be
filled within 30 days thereafter in the manner provided for making
the original appointment. Such time may be extended once, for not
to exceed 60 days, by resolution of the Council setting forth the
reasons therefor. If no appointment has been made within such time
and the extension thereof, the Council may appoint a committee of
three of its members to make such appointment in the stead of the
officer required by this charter to do so.
(c)
Notwithstanding the provisions of Section 3.13(a), if a vacancy occurs in the office of City Councilperson, which vacancy is filled by appointment by the Council, and the next November general city or State election is to be held more than 182 days after the vacancy occurs, and which election is not the general November election at which a successor in office would be elected if no vacancy, then the person appointed shall hold office only until a successor is elected at the next general city or State November election in the manner provided by law, and qualifies for office. If such November general election is the State general election, then a special city election shall be held on the same day for the purpose of filling a vacancy as provided in this paragraph; with a primary election, if necessary, held on the same day as the regular State August primary election. The circulating and filing of petitions shall be in accordance with the provisions of the city ordinance adopted pursuant to M.C.L.A. 168.644(1). The successor in office elected in accordance with this paragraph shall hold office for the remainder of the unexpired term. (Amended November 8, 1994)
Whenever an officer or employee resigns or is removed from office,
or his tenure in office expires, he shall deliver, forthwith, to his
successor in the office or to the Clerk, all books, papers, moneys,
and effects in his custody which were necessary to or were obtained
as a part of the performance of his duties.
