Village of Spring Lake, MI Administrative Departments, Offices, and Agencies

§ C-46 Departments.

The Village Council shall establish by ordinance such departments of the Village it determines necessary and advisable, and shall prescribe by ordinance the organization and functions of departments.

§ C-47 Administrative officers.

The administrative officers of the Village shall include the Village Manager, Village Clerk/Treasurer, and such additional administrative officers as may be created by ordinance. The Council may combine any administrative offices and departments, or separate, or eliminate them, in any manner it considers advisable for the proper and efficient operation of the Village, except as may be otherwise provided by law.

§ C-48 Village Manager.

Appointment; qualification; compensation. The Village Council, by a majority vote of its total membership, shall appoint a Village Manager for an indefinite term and fix the manager's compensation. The Village Manager shall be appointed solely on the basis of executive and administrative qualifications.

Residency. The Village Manager need not be a resident of the Village at the time of employment but may reside outside the Village while in office only with the approval of the Council.

Term. The Village Manager shall serve at the pleasure of the Village Council.

Acting Village Manager. By letter filed with the Village Clerk/Treasurer, the Village Manager shall designate a Village officer or employee to exercise the powers and perform the duties of Village Manager during the Manager's temporary absence or disability. The Village Council may revoke such designation at any time and appoint another officer of the Village to serve until the Village Manager returns.

Powers and duties of the Village Manager. The Village Manager shall be the chief administrative officer of the Village, responsible to the Village Council for the administration of all Village affairs placed in the manager's charge by or under this Charter. The Village Manager shall:

(1)

Appoint, suspend, or remove any or all Village employees and appointive administrative officers provided for by, or under this Charter, except as otherwise provided by this Charter or personnel rules adopted pursuant to this Charter. (The Village Manager may authorize any administrative officer to exercise these powers with respect to subordinates in that officer's department or office);

(2)

Direct and supervise the administration of all departments and offices of the Village, except as otherwise provided by this Charter;

(3)

Maintain custody of the Village Clerk/Treasurer's bond;

(4)

Attend all Village Council meetings (The Village Manager shall have the right to take part in discussion but shall not vote.);

(5)

Ensure that all laws, provisions of this Charter and acts of the Village Council subject to enforcement by the Village Manager or by officers subject to the Village Manager's direction and supervision, are faithfully executed;

(6)

Prepare and submit the annual budget and capital program to the Village Council;

(7)

Submit to the Village Council and make available to the public a complete report on the finances and administrative activities of the Village as of the end of each fiscal year;

(8)

Make such other reports as the Village Council may require concerning the operations of Village departments and offices subject to the Village Manager's direction and supervision;

(9)

Keep the Village Council fully advised as to the financial condition and future needs of the Village;

(10)

Make recommendations to the Village Council concerning the affairs of the Village;

(11)

Provide staff support services for the Village President and Council members; and

(12)

Perform such other duties as are specified in this Charter or may be required by the Village Council.

Performance review. The performance of the Village Manager shall be reviewed on an annual basis by the Council. The criteria for this evaluation shall be formulated jointly by the Council and the Village Manager; however, the Council shall make the final determination concerning the criteria for the evaluation.

§ C-49 Direction by the Village Manager.

All departments, offices and agencies under the direction and supervision of the Village Manager shall be administered by an officer appointed by and subject to the direction and supervision of the Village Manager. The Village Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them.

§ C-50 Village Clerk/Treasurer.

Election; qualification; compensation. The Village Clerk and Village Treasurer shall be elected in 1997 in accordance with the election procedures set forth in the 1930 Village Charter, as amended. The individuals so elected shall complete their one-year terms which shall expire on March 31, 1998. Thereafter, the Village Council by majority vote of its total membership shall elect a Village Clerk/Treasurer for a four-year term. The Village Clerk/Treasurer shall be elected solely on the basis of administrative qualifications. In addition, the Council shall fix the compensation for the Clerk/Treasurer.

Removal.

(1)

The Clerk/Treasurer shall be removed from office by the Council or shall forfeit that office if the Clerk/Treasurer:

(a)

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

(b)

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

(c)

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

(2)

If the Clerk/Treasurer forfeits the office or is removed from office by the Village Council, the Council shall elect another Clerk/Treasurer for the remainder of the term vacated.

Residency. The Village Clerk/Treasurer shall not be required to reside within the municipal boundaries of the Village of Spring Lake.

Surety bonds. The Village Clerk/Treasurer shall file with the Village Manager an official bond in such form and amount as the Council shall direct and approve or in accordance with state law. The bond shall be a corporate surety bond and its premium paid by the Village.

Powers and duties of the Village Clerk/Treasurer. The Village Clerk/Treasurer shall:

(1)

Give notice of Council meetings to its members and the public;

(2)

Keep a record of all ordinances, resolutions and other actions of the Council;

(3)

Be the custodian of the Village seal and affix it to all required documents;

(4)

Be the custodian of all papers, documents and records pertaining to the Village, unless otherwise required by law;

(5)

Provide the appropriate officials with ample notice of the expiration or termination of any franchise, license, contract or agreement;

(6)

Administer all oaths required by law;

(7)

Certify all ordinances and resolutions enacted or passed by the Council;

(8)

Maintain a supply of forms for all petitions required to be filed with the Clerk/Treasurer for any purpose;

(9)

Maintain a system of Village accounts which conforms to any uniform system required by state law or the Council;

(10)

Balance all Village accounts at the end of each quarter of the fiscal year;

(11)

Be responsible for the operation of the Municipal Ordinance Violations Bureau as required by state law;

(12)

Be the general accountant of the Village, and as such receive and maintain custody of all Village monies and all evidences of value belonging to or held in trust by the Village;

(13)

Disburse Village funds according to the direction and the procedures established by the Village Manager, Council, this Charter and state law;

(14)

Keep and deposit all monies or funds only in such places as the Village Council and the Village Manager may direct, and as allowed by state law;

(15)

Have all powers and immunities for the collection of taxes as are conferred by state law;

(16)

Perform those duties and functions as enumerated by statute for Village clerks or treasurers; and

(17)

Perform such other duties as are assigned by this Charter, the Council, or the Village Manager.

§ C-51 Village Attorney.

The Village Attorney shall serve as chief legal advisor to the Village Council, Village Manager and all Village departments, offices and agencies, authorities, commissions, and boards unless such representation is held to be incompatible or a conflict of interest exists. The Village Attorney shall serve at the pleasure of the Village Council and shall be bound by professional ethical constraints. The Village Attorney shall represent the Village in all legal proceedings and shall perform any other duties as the Council shall prescribe. The Council may retain specific counsel in any matter in which the Village is a party or in which the Village has an interest.