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.
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.
A.
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.
B.
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.
C.
Term. The Village Manager shall serve at the pleasure of the Village
Council.
D.
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.
E.
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.
F.
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.
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.
A.
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.
B.
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.
C.
Residency. The Village Clerk/Treasurer shall not be required to reside
within the municipal boundaries of the Village of Spring Lake.
D.
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.
E.
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.
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.