Village of Spring Lake, MI Village Council

All powers of the Village shall be vested in the Village Council, except as otherwise provided by this Charter or law, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the Village by law. The Council shall provide for the public peace, health, safety, and the general welfare of persons and property.

§ C-22 Composition.

There shall be a Village Council composed of the Village President and six Council members.

§ C-23 Eligibility.

Only registered voters of the Village shall be eligible to hold the office of Council member or President.

§ C-24 Terms of office: Village Council and President.

Council members shall be elected for four-year terms, and the President shall be elected for two-year terms. The transition from the terms of office prescribed by the 1930 Village Charter, as amended, to terms set forth herein shall be as follows:

Elections for the three Council seats elected in 1996, shall take place in 1998 at the conclusion of the two-year terms; the elections shall be conducted in accordance with the election procedures set forth in the 1930 Village Charter, as amended. The Council members elected in 1998 shall serve a term which shall expire on the first Monday in January 2002. Elections for the three Council seats shall be conducted in 2001 in accordance with the election procedures set forth in this Charter. Thereafter, the Council members shall serve four-year terms, which terms shall begin the first Monday in January following their election.

Elections for the three Council seats elected in 1997, shall take place in 1999; the elections shall be conducted in accordance with the election procedures set forth in the 1930 Village Charter, as amended. The Council members elected in 1999 shall serve a term which shall expire on the first Monday in January 2004. Elections for the three Council seats shall be conducted in 2003 in accordance with the election procedures set forth in the Charter. Thereafter, the Council members shall serve four-year terms, which terms shall begin the first Monday in January following their election.

Election of the President shall take place in 1997, 1998 and 1999 in accordance with the election procedures set forth in the 1930 Village Charter, as amended. The President elected in 1999 shall serve until the first Monday in January 2002. Election of the President shall be conducted in 2001, in accordance with the election procedures set forth in this Charter. Thereafter, the President shall serve two-year terms, which terms shall begin the first Monday in January following the election.

NOTE: A chart detailing the timing of elections is attached hereto as Exhibit A.[1]

[1]

Editor's Note: Exhibit A is included as an attachment to this chapter.

§ C-25 Village President.

The President shall be a member of the Village Council and preside at meetings of the Council, shall be the executive head of the Village, shall represent the Village in intergovernmental relationships, shall appoint with the advice and consent of the Council the members of citizen advisory boards and commissions, and shall perform other duties specified by the Council. The Village President shall be recognized as head of the Village government for all ceremonial purposes and by the Governor of the State of Michigan for purposes of military law but shall have no administrative duties. The Council shall elect from among its members a President Pro Tempore who shall act as President during the absence or disability of the President and, if a vacancy occurs, shall become President for the remainder of the unexpired term. The Council shall appoint one of its members to act as President in the absence of the President and the President Pro Tempore.

§ C-26 Compensation; expenses.

The Village Council may determine the annual salary of the President and Council members by ordinance or resolution, but no such ordinance or resolution increasing such salary shall become effective until the expiration of the terms of the current members. The President and Council members shall receive their actual and necessary expenses incurred in the performance of their duties of office as approved by a majority of the Village Council.

§ C-27 Restrictions on the Council.

Holding other office. Except where allowed by law, no Council member shall hold any other elected public office during the term for which the member was elected to the Council. No Council member shall be employed by the Village during the terms for which the member was elected to the Council. No former Council member shall hold any compensated appointive office or employment with the Village until one year after the expiration of the term for which the member was elected to Council. Nothing in this section shall be construed to prohibit the Council from selecting any current or former Council member to represent the Village on the governing board of any regional or other intergovernmental agency.

Appointments and removals. Neither the Village Council nor any of its members shall in any manner control or demand the appointment or removal of any Village administrative officer or employee whom the Village Manager or any subordinate of the Village Manager is empowered to appoint, but the Council may express its views and fully and freely discuss with the Village Manager anything pertaining to appointment and removal of such officers and employees.

Interference with administration. Except for the purpose of inquiries and investigations under § C-30, the Council or its members shall deal with Village officers and employees who are subject to the direction and supervision of the Village Manager solely through the Village Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.

§ C-28 Vacancies; removal from office and forfeiture of office; recall; filling of vacancies.

Vacancies. The office of a Council member shall become vacant upon the member's death, resignation, removal from office or forfeiture of office in any manner authorized by law.

Removal from office and forfeiture of office. A Council member shall be removed from office by the Council, or shall forfeit that office, if the Council member:

(1)

Lacks at any time during the term of office for which elected any qualification for the office prescribed by this Charter or by law;

(2)

Fails to attend three consecutive regular meetings of the Village Council without being excused by the Council;

(3)

Intentionally violates or aids another person in the violation of any express prohibition of this Charter;

(4)

Is convicted of a felony while holding the office or appointment; or

(5)

Is guilty of misfeasance, malfeasance, or nonfeasance of the office.

Recall. Any Council member may be removed from office by the electors of the Village in the manner provided by the general election laws of the State of Michigan. Vacancies created by recall shall be filled in accordance with state law.

Filling of vacancies. A vacancy in the Village Council shall be filled for the remainder of the unexpired term, if any, at the next regular election. If the next regular election occurs more than 60 days from the date of the vacancy, the Council, by a majority vote of all its remaining members, shall appoint a qualified person to fill the vacancy until the next regular election. If the Council fails to do so within 30 days following the occurrence of the vacancy, the Village President shall make the appointment. Notwithstanding the requirement in § C-31D, if at any time the membership of the Council is reduced to less than four, the remaining members may by majority action appoint additional members to raise the membership to four.

§ C-29 Judge of qualifications.

The Village Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of and removal from office. The Council shall have the power to set additional standards of conduct for its members beyond those specified in the Charter and may provide for such penalties as it deems appropriate, including forfeiture of and removal from office. In order to exercise these powers, the Council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the Village at least one week in advance of the hearing. The procedure utilized by the Council under this section shall be in accordance with law and the determination of Council shall be subject to judicial review. If the determination is contested, the Council shall have the burden of substantiating the determination utilizing a preponderance of the evidence standard.

§ C-30 Investigations.

The Village Council, or any person or committee authorized to act on its behalf, may make investigations into the affairs of the Village and the conduct of any Village department or office and may subpoena witnesses, administer oaths, take testimony, and require the production of evidence in any matter pending before the Village Council or any of its committees. Failure to obey a subpoena or to produce evidence shall constitute misconduct in office. The Council shall apply to the appropriate court to enforce a subpoena or order for production of evidence or to impose any penalty for failure to obey a subpoena or order.

§ C-31 Procedures.

Meetings. The Council shall provide by resolution for the time and place of its regular meetings. The Council shall meet regularly at least once every month and at such other times and places as the Council may prescribe by resolution. As a general practice, however, it is anticipated that the Council shall hold two meetings per month. Public notification of regular meetings shall be in accordance with the Open Meetings Act as adopted by the State of Michigan.

Special meetings. Special meetings shall be called by the Clerk/Treasurer at the request of the President or a majority of the Council members. Written notice stating each matter to be considered at a special meeting shall be given to each Council member and the President, as provided by Council rules, unless the entire Council and the President are present and waive notice. Public notification of special meetings shall be in accordance with state law. Village Council meetings will be held in accordance with the Open Meetings Act[1] as adopted by the State of Michigan.

[1]

Editor's Note: See MCLA § 15.261 et seq.

Rules and journal. The Village Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. Procedures for Village Council meetings shall be determined by the Village Council and may be adapted from Robert's Rules of Order. The journal shall be a public record as provided by law.

Voting.

(1)

Voting, except on procedural motions, shall be by roll call and the "Yes" and "No" votes shall be recorded in the journal. Four members of the Council may constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. In all matters, a majority vote of those present shall be required to approve an action of Council unless otherwise provided for in this Charter or by state law.

(2)

Should a Council member hold a direct or indirect interest in any matter upon which, under state law, the Council must vote, that Council member must declare or make known the fact that a conflict of interest exists. A member of the Council may not vote on a matter in which that Council member maintains a direct or indirect interest. The matter before the Council shall be approved if the matter receives an affirmative vote of not less than 2/3 of the full membership of the Council without the vote of the member making the disclosure.