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.
There shall be a Village Council composed of the Village President
and six Council members.
Only registered voters of the Village shall be eligible to hold
the office of Council member or 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:
A. 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.
B. 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.
C. 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.
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.
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.
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.
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.