(a)
The administrative officers of the city shall be the City Manager,
Assessor, City Attorney, City Auditor, Clerk, Treasurer, the department
heads, and members of city boards. The Council may, by ordinance,
upon the recommendation of the City Manager, create additional administrative
offices, or combine any administrative offices in any manner not inconsistent
with law, and prescribe the duties thereof as it may deem necessary
for the proper operation of the city government. No creation of any
administrative office, nor any combination thereof, shall abolish
the office of the City Manager, nor diminish the duties or responsibilities
of that office, as set forth in this charter.
(b)
In making appointments of administrative officers, the appointing authority shall consider only the good of the public service and the fitness of the appointee for and his ability to discharge the duties of the office to which he is appointed, subject to the prohibitions set forth in Section 6.19 of this chapter.
(a)
The City Manager and the City Attorney shall be appointed by and
shall hold office at the pleasure of the Council, which body shall
also set their compensation.
(b)
The Assessor, the Clerk, the Treasurer, the City Auditor when the
Council separates that position from the office of the Clerk, and
all officers who are not required to be appointed by the Council,
the Mayor, or an administrative board shall be appointed by the City
Manager, subject to the confirmation of the Council. The City Manager
may, at any time, remove any officer of the city who is appointed
by him, except that any removal shall first be subject to the approval
of such action by the Council. Each such removal shall constitute
a suspension from office, until approved or confirmed by the Council.
If within 10 days after such removal by the City Manager, the person
removed shall file with the Clerk a petition for a hearing on his
removal before the Council, the City Manager shall, within five days
after such filing, file with the Clerk a statement of the reasons
for his action and the Council shall hear the person removed and the
City Manager with regard thereto. Such hearing shall be held and the
Council shall approve or disapprove the action of the City Manager
within 30 days after the filing of his reasons by the City Manager.
(c)
All persons employed by the city who are not elective or administrative
officers, or members of a board created by this charter, or declared
to be administrative officers by or under authority of this section,
shall be deemed to be employees of the city.
(d)
The compensation of all administrative officers except that of the
City Manager and Attorney, shall be set by the City Manager in accordance
with budget appropriations.
(a)
To be eligible for appointment as City Manager, a person must have
had training for or previous experience in city, public, or business
administration.
(b)
The Council shall be responsible for all phases of the city government
except the judicial. The City Manager shall be the direct administrative
agent of the Council, shall be vested with all administrative powers
of the City, except as otherwise provided by this charter, and shall
perform the duties of his office under the authority of, and be accountable
to, the Council. Except as otherwise provided in this charter, all
administrative officers, other than the City Attorney and members
of city boards, shall be responsible to him for the performance of
their duties.
(c)
It shall be the duty of the City Manager to:
(1)
Supervise and coordinate the work of the administrative officers and departments of the city, except as otherwise provided in this charter, and except the work of the Clerk insofar as set forth and required of him by Section 6.4 (a) of this chapter;
(2)
Prepare and submit to the Council the annual budget proposal
of the city, together with supporting information in explanation thereof;
(3)
Establish and maintain a central purchasing service for the
city;
(4)
Supervise and coordinate the personnel policies and practices
of the city;
(5)
Keep informed and report to the Council concerning the work
of the several administrative offices and departments of the city,
and to that end, he may secure from the administrative officers and
department heads such information and periodic or special reports
as he or the Council may deem necessary;
(6)
In case of conflict of authority between officers and administrative
departments, or in case of absence of administrative authority, occasioned
by inadequacy of charter or ordinance provisions, resolve the conflict
or supply the necessary authority, so far as may be consistent with
law and the ordinances of the city, and direct the necessary action
to be taken in conformance therewith, making a full report immediately
to the Council;
(7)
Attend all meetings of the Council, with the right to be heard
in all administrative matters before the Council, but without the
right to vote;
(8)
Recommend to the Council, from time to time, such measures as
he deems necessary or appropriate for the improvement of the city
or its services;
(9)
Prepare and maintain an administrative code which, when adopted
by the Council, shall supplement this charter in establishing the
duties and functions of each officer and department of the city;
(10)
Furnish the Council with information concerning city affairs,
and prepare and submit such reports as may be required or which the
Council may request, including an annual report, which shall consolidate
the reports of the several officers and departments of the city;
(11)
Possess such further powers and perform such additional duties
as may be granted to or required of him, from time to time, by the
Council, so far as may be consistent with the provisions of law and
the ordinances of the city.
(a)
The Clerk shall be clerk of the Council and of each appointive Board
of the city, except as otherwise provided by this charter. He or his
deputy shall attend all meetings of the Council and of each board
of the city, and shall keep a permanent journal of the proceedings
thereof, in the English language.
(b)
He shall be the custodian of all official actions and rules of the
Council and of each department and board of the city. The records
of such actions, rules, and ordinances, or copies thereof, when certified
by him under the seal of the city, shall be prima facie evidence thereof
for all purposes.
(c)
He shall give to the proper officials ample notice of all actions
of the Council and boards of the city and of the expiration or termination
of their terms of office and of any official bonds, as well as of
franchises, contracts, or agreements to which the city is a party.
(d)
He shall have power to administer all oaths required by law and the
ordinances of the city.
(e)
He shall perform such other duties in connection with his office
as may be required of him by administrative order of the City Manager,
with the approval of the Council, and by law, or the ordinances or
resolutions of the Council.
(a)
The City Auditor shall be the general accountant of the city, shall
keep the books of account of the assets, receipts, and expenditures
of the city, and shall keep the Council and the City Manager informed
as to the financial affairs. He shall provide the accounting system
of the city and each of its departments. The accounting system shall
conform to uniform systems that may be required by law.
(b)
He shall maintain an inventory of city-owned property.
(c)
He shall balance all the books of account of the city at the end
of each calendar month, and shall make a report thereon to the City
Manager.
(d)
He shall, at any time upon direction of the City Manager, examine
and audit all books of account kept by any official or department
of the city. He shall examine and test-check all books of account
of the Treasurer and the Municipal Court at least once each month.
(e)
He shall perform such other duties as the Council, or the City Manager
with the approval of the Council, shall direct.
(f)
Until such time as the Council shall provide for an independent City
Auditor, by ordinance adopted upon the recommendation therefor by
the City Manager, the Clerk shall be and perform the duties of the
City Auditor.
(a)
The Attorney shall act as the legal advisor of and be responsible
to the Council in all respects concerning the performance of the functions
of his official duties. He shall advise the City Manager concerning
legal problems affecting the city administration and the Clerk, Treasurer,
and Assessor concerning their statutory and charter duties, when so
requested. He shall file with the Clerk a copy of all written opinions
given by him.
(b)
He shall prosecute ordinance violations and shall represent the city
in cases before courts and other tribunals.
(c)
He shall prepare or review all ordinances, regulations, contracts,
bonds, and such other instruments as may be required by law or by
the Council, and shall promptly give his opinion as to the legality
thereof.
(d)
He shall attend the meetings of the Council.
(e)
He shall be the attorney for the several boards of the city.
(f)
He shall perform such other duties as may be prescribed for him by
this charter or the Council.
(g)
Upon the attorney's recommendation, or upon its own initiative, the
Council may provide for an assistant to the City Attorney and may
retain special legal counsel to handle any matter in which the city
has an interest, or to assist the City Attorney in connection therewith.
(a)
The Treasurer shall have the custody of all moneys of the city, the
Clerk's bond, if there be one, and all evidences of the value belonging
to or held in trust by the city.
(b)
He shall keep and deposit all moneys or funds in such manner and
only in such places as the Council may determine or as may be required
by law.
(c)
He shall have such powers, duties, and prerogatives in regard to
the collection and custody of state, county, school district, and
city taxes and moneys as are conferred by law.
(d)
He shall perform such other duties as may be prescribed by law or
by the Council, and by the City Manager with the approval of the Council.
The Clerk, the Treasurer, and the City Auditor may appoint and
remove their deputies, subject to the budget allowances therefor and
the approval of the City Manager relative to appointments. Each deputy
shall possess all the powers and authorities of his superior officer.
(a)
The Assessor shall possess all the powers vested in and shall be
charged with all the duties imposed upon assessing officers by law.
(b)
He shall make and prepare all regular and special assessment rolls
in the manner prescribed by law.
(c)
He shall perform such other duties as may be prescribed by law or
the Council, or by the City Manager with the approval of the Council.
(a)
The City Engineer, if there be one, shall be appointed by and responsible
to the City Manager. He shall be qualified by law for performing engineering
design and supervision of public works and by training and experience
in the field of sanitary and public works engineering. He shall be
the official surveyor of the city and shall perform such duties on
behalf of the city as are required by law to be performed by an engineer.
(b)
The City Engineer or the City Manager shall preserve in his office
records concerning the boundaries of the city, the location of city
streets, alleys, and public places, and the location of all utility
and sewer mains, lines, conduits, manholes, valves, junctions, and
appurtenances located therein or thereon.
(c)
The City Engineer or the City Manager shall make, or cause to be
made, all necessary surveys, maps, plats, diagrams, plans, and specifications
for all public improvements, buildings, and grounds of the city. The
Council and the Board of Public Utilities, with approval of the Council,
shall each have the power to employ the engineering services of any
qualified engineer or engineering firm in connection with any specific
engineering work. Such services may be performed in conjunction with
or independently of the City Engineer at the direction of the Council,
but a copy of all final plans and specifications provided by such
engineer or engineering firm shall be filed with the City Engineer
or the City Manager.
(a)
The Police Department shall be in charge of the Chief of Police,
who shall be appointed by and responsible to the City Manager.
(b)
Police Officers of the city shall have all the powers, immunities,
and privileges granted to peace officers by law for the making of
arrests, the preservation of order, and the safety of persons and
property in the city. Any person arrested shall be taken before the
proper magistrate or court for examination or trial, without unnecessary
delay. Police Officers shall make and sign complaints to or before
the proper officers and magistrates against any person known to be,
or, upon complaint or information, believed to be guilty of any violation
of this charter or ordinances of the city, or of the penal laws of
the State. For purposes of making arrests, violations of this charter
and of city ordinances shall be deemed to be misdemeanors.
[Amended 11-7-2000]
(a)
The Fire Department shall be under the direction of the Fire Chief,
who shall be appointed by and responsible to the City Manager, and
shall be staffed by full-time professional firefighters.
[Amended 11-4-2014]
(b)
The Fire Department shall be responsible for the prevention and extinguishment
of fires and the protection of persons and property against damage
and accident resulting therefrom. The Fire Chief shall be responsible
for the use, care, and management of the city's fire fighting apparatus
and property. He shall conduct supervisory and educational programs
to diminish the risk of fires within the city. He, or any of his authorized
subordinates, may command any person present at a fire to aid in the
extinguishment thereof, and to assist in the protection of life or
property. If any person wilfully disobeys any such lawful requirement,
he shall be deemed guilty of a violation of this charter.
(c)
The Fire Chief or any of his authorized subordinates, with the concurrence
of the Mayor, or 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 a fire. In such case no action
shall be maintained against the city or any person therefor. If any
person having an interest in such building shall apply to the Council
within three months after the fire for damages or compensation for
such building, the Council may pay him such compensation as it may
deem just. The Council may ascertain the amount of such damage or
compensation by agreement with the owner of the property, or by the
appraisal of a jury selected in the same manner as in the case of
juries selected to appraise damages for the taking of property for
public use. No compensation shall be paid on account of any loss which
would probably have occurred to a building, if it had not been pulled
down or destroyed under authority of this section.
(b)
Each of such boards shall be comprised of five citizens of the city
who have the qualifications required by this charter for elective
officers of the city: Provided, that, when the scope of interest of
any board may extend beyond the limits of the city, one member of
the board may be a nonresident of the city. Except as otherwise provided
by this charter, no person shall serve on more than one board of the
city. The terms of members of such boards shall be for five years,
and shall be so arranged that the terms of one member of each board
shall expire in each year. The members of such boards shall be appointed
by the Mayor, subject to confirmation by the Council, and shall receive
no compensation for their services to the city, but shall be allowed
reasonable and actual expenses when incurred on behalf of the city
and approved by the Council. The Council may appoint such additional
non-voting members of any of such boards as the Council shall deem
desirable.
(c)
Each such board shall hold at least one meeting in each calendar
month, and the minutes of each meeting shall be filed with the Clerk
as a public record. If any member of a board shall fail to attend
four consecutive board meetings, his membership on such board shall
thereupon cease, and the vacancy for the balance of his term shall
be filled as set forth in (b) above. The Council may remove any member
of a board after a hearing, for inefficiency, neglect of duty, or
malfeasance in office. Each such board shall consider the problems
and functions of the city to which its name applies, and shall, from
time to time, on its own motion or at the request of the Council,
make investigations, reports, and recommendations thereon to the Council.
Unless the Council shall otherwise provide by a vote of five or more
of its members, all questions presented to the Council concerning
the acquisition, extension, and improvement of library or recreation
property facilities, or programs shall be submitted to the appropriate
board for investigation and report to the Council thereon. If the
Council desires that any matter be investigated by more than one of
the said boards, such referrals may be made for the purpose of giving
the Council the benefit of a full investigation of all aspects of
the matter before it. In performing their duties and functions, the
several boards shall be entitled to the benefit of the facilities
and experience of the City Manager, the Planning Commission, and all
other sources of information in the city bearing upon the scope of
such duties and functions.
(d)
If any recommendation of a board shall be disallowed by the Council
for financial reasons, such recommendation shall be referred to in
the budget statement of the City Manager for the next ensuing fiscal
year of the city, and the Council shall give consideration to each
such recommendation at the time it considers the budget covered by
such statement of the City Manager.
(a)
The city's park and cemetery and recreation properties and facilities
and services shall constitute a department of the city government.
(b)
The Council may provide by ordinance for a Director of Cemeteries
and Parks as the coordinating and directing head of the department.
Until such time as such office is created, the City Manager shall
be responsible for the proper functioning of the department. The Director,
if there be one, shall have general superintendence of and shall be
appointed by and responsible to the City Manager for the operation
and maintenance of the city's park and recreation properties, facilities,
and programs. He or the City Manager, as the case may be, shall have
the control and direction of the employees of the city who are assigned
to or work for the department, subject to the provisions of this charter.
Under and responsible to the Director, if there be one, otherwise
the City Manager, there shall be a Park Superintendent who shall be
responsible for the care and maintenance of the city's parks, and
a Recreation Superintendent who shall be responsible for the recreational
facilities and programs of the city.
(c)
The Council shall provide in each annual budget of the city for the
operation and conduct of the city's park and recreation properties,
facilities, and programs, and shall appropriate for such purpose such
amounts as will assure the operation and maintenance of the same in
a manner consistent with the needs of the community.
(d)
The Council shall provide and maintain a plan for financing the perpetual
care of the city's cemeteries.
(e)
The city may join and cooperate with the School District of the city
and with any unit of government in the operation, maintenance, and
improvement of park and recreation property and facilities, and in
the conduct of recreational programs.
There shall be a Planning Commission. The voting members of the Planning Commission shall be nine in number, and shall be comprised of the Mayor, a member of the Council who shall be appointed by the Council annually in the month of April, an administrative officer of the city to be appointed by the Mayor with the approval of the Council, and six persons, who possess the qualifications required by this charter for elective officers, and by Act No. 285 of the Public Acts of 1931, as amended, to be appointed by the Mayor subject to the approval thereof by the Council: Provided, that with the consent of the Council, one of such persons may be a non-resident of the city who has an interest in planning of the general area of which the City of Coldwater is a part. Each such person shall be appointed for a three year term and shall be subject to removal by the Mayor after a public hearing for inefficiency, neglect of duty, or malfeasance in office. The Planning Commission shall possess and shall exercise all of the powers and functions granted to and required of planning commissions under the provisions of Act No. 285 of the Public Act of 1931, and such amendments and superseding acts as may be enacted. Insofar as practicable, there shall be representation on the Planning Commission from the Recreation Board created by Section 6.13 of this chapter.
The Council may create citizen advisory committees for the purpose
of studying and investigating specific problems or needs of any department,
function, or interest of the city where there is no board created
to make such studies or investigations. Each such committee shall
conduct its study in cooperation with the City Manager, and his subordinates
and submit its findings and recommendations to the Council. Each such
committee shall render its report to the Council within two years
after its creation, and shall then cease to exist unless the work
of the committee is extended thereafter by the Council for a period
not exceeding one year.
From time to time, upon the recommendation of the City Manager,
the Council may, by ordinance, prescribe additional powers and duties,
not inconsistent with this charter, to be exercised and administered
by appropriate officers and departments of the city.
Relatives by blood or marriage who are a brother, sister, spouse,
parent, grandparent, child, or grandchild of the Mayor, any Councilman,
the City Manager, any member of the Board of Light and Power or its
Director, or bear such relationship to any of their spouses, shall
not be qualified to hold any appointive office or to be employed by
the city during the term for which any such officers were elected,
or appointed or during the tenure of office of such City Manager or
Director, except and unless they are bona fide appointive officers
or employees of the city at the time of election or appointment of
such officers or Director. If the status of relationship between any
employee of the city and a person holding one of the positions enumerated
herein changes to a relationship prohibited hereby, following employment
of such employee or the election or appointment of a person holding
one of the enumerated positions, the provisions of this section shall
not apply.
The Council may provide, by ordinance, for a merit system of
personnel management for employees in the service of the city. Whether
or not a merit system plan of personnel management be adopted, the
standards for employment and the salary and wage scales for comparable
city positions of employment and work in all city departments shall
be as uniform as possible.
The Council shall have power to make available to the administrative
officers and employees of the city, other than members of the several
boards, any recognized standard plan of group life, hospital, health,
or accident insurance, either independently of, or as a supplement
to, any pension plan provided by the city for its employees.
The pension plan of the city which was in effect on the effective
date of this charter shall remain in full force and effect as it existed
on such effective date, except as it may be hereafter altered or changed
as permitted by law.
