The government of the City, and all the powers thereof, except
the judicial powers, shall be vested in the Council. The Council shall
exercise such powers in the manner and through the agencies provided
by law; shall exercise the management and control of all municipal
property and the administration of the municipal government whether
or not such powers be expressly enumerated in this Charter. It shall
pass upon and secure the performance of any act necessary to advance
the interests of the City, the good government and prosperity of the
municipality and its inhabitants; and shall make all laws which may
be necessary and proper for carrying into execution the powers granted
to the City by law.
In the case of Councilmen, a person shall be eligible for this
office who is a duly registered elector in the City and has the qualifications
of elective officers in general.
[Amended 3-13-1967]
The electors of the City shall elect a City Council which shall
consist of five members, one of whom shall serve as Mayor of the City.
Each Councilman shall serve for a term of three years. Two Councilmen
shall be elected each year except that one Councilman shall be elected
every third year. The names of all candidates for Council shall appear
on the same ballot and each elector shall be entitled to vote for
not more than the number of candidates to be elected. The terms of
all Councilmen shall expire at the next regular Council meeting following
the regular election in which their successors are elected.[1]
[1]
Editor's Note: Effective 1-1-2014, each Councilman shall serve
for a term of four years. Two Councilmen will be elected in the 2014
November general election and three Councilmen will be elected in
the 2016 November general election.
[Amended 3-13-1967; 11-13-2015]
The Council shall provide by resolution for the place and day
of its regular meetings and shall hold one regular meeting each month
which shall be held at 6:30 p.m. If the time set for the holding of
a regular meeting of the Council shall be a holiday, the regular meeting
shall be held at the same hour and place on the next secular day which
is not a holiday.
[Amended 3-12-2001]
Special meetings of the City Council shall be called by the
Clerk on the written request of the Mayor, or any two members of the
Council on at least 18 hours written notice to each member of the
Council, served personally or left at his usual place of residence;
but a special meeting of the City Council may be held on shorter notice
if all members of the Council are present or have waived notice thereof
in writing.
No business shall be transacted at any special meeting of the
Council unless the same has been stated in the notice of such meeting.
However, any business which may lawfully come before a regular meeting
may be transacted at a special meeting if all the members of the Council
present consent thereto and all the members absent file their written
consent.
All regular and special meetings of the Council shall be open
to the public and rules of order of the Council shall provide that
citizens shall have a reasonable opportunity to be heard.
A majority of the Councilmen constitute a quorum for the transaction
of business at all meetings of the Council but in the absence of a
quorum a lesser number may adjourn any meeting to a later date.
The Council shall determine its own rules and order of business
and shall keep a journal of all its proceedings in the English language
which shall be signed by the Mayor and the Clerk. The vote upon the
passage of all ordinances and upon the adoption of all resolutions
shall be taken by "Yea" and "Nay" vote and entered upon the records.
No member shall vote on any question in which he is financially interested
(other than the common public interest) or any question concerning
his own official conduct, but on all other questions each member of
the Council who shall be recorded as present shall vote on all questions
decided by the Council unless excused by the unanimous consent of
the other members present. Any citizen or taxpayer of the City shall
have access to the minutes and records of all regular and special
meetings of the Council at all reasonable times.
Absence from three consecutive regular meetings shall operate
to vacate the seat of a member unless the absence is excused by the
Council by resolution setting forth such excuse and entered upon the
journal.
There shall be no standing committees of the Council.
The Council, or any person or committee authorized by it for
the purpose, shall have power to inquire into the conduct of any department,
office, or officer of the City and to make investigations as to municipal
affairs, and for that purpose may subpoena witnesses, administer oaths,
and compel the production of books, papers, and other evidence. Failure
on the part of any officer of the City to obey such subpoena or to
produce books, papers, or other evidence as ordered under the provisions
of this section shall constitute misconduct in office. If such failure
shall be on the part of any employee of the City, it shall constitute
a misdemeanor.
The Council shall see that provision is made for the public
peace and health, and for the safety of persons and property. Until
otherwise provided by ordinance or resolution, the Council shall constitute
the Board of Health of the City, and it and its officers shall possess
all powers, privileges and immunities granted to boards of health
by statute.
[Amended 11-13-2015]
The proceedings or an abstract of the proceedings of the Council
shall be published on the official Website for the City of New Buffalo
once within 15 days after each Council meeting.
At its regular meeting following each regular election the Council
shall elect one of its members to serve as Mayor for a term expiring
at the first Council meeting following the next regular City election.
The Clerk shall preside at this meeting until the Mayor has been selected.
At the same meeting the Council shall also elect one of its members
to serve as Mayor Pro Tem for a term expiring at the first Council
meeting following the next regular City election.[1]
[1]
Editor's Note: Appointment of the Mayor and Mayor Pro Tem
will be at the regular meeting following each regular even-year November
election.
Insofar as required by law, and for all ceremonial purposes,
the Mayor of the City shall be executive head of the City.
(a)Â
He shall have an equal voice and vote in the proceedings of the Council,
but shall have no veto power.
(b)Â
He shall be conservator of the peace, and may exercise within the
City the powers conferred upon sheriffs to suppress disorder, and
shall have the power to command the assistance of all able-bodied
citizens to aid in the enforcement of the ordinances of the City,
and to suppress riot and disorderly conduct.
(c)Â
He shall exercise only such powers as the State law, this Charter,
or the Council shall specifically confer upon, or require, of him.
(d)Â
The Mayor Pro Tem shall serve as executive head of the City in the
absence of the Mayor and shall have all of the powers and duties of
the Mayor in his absence.
[Deleted 11-13-2015]
