[Amended 11-13-2015]
(a) 
No person shall hold any elective office in the City unless he was a resident of the City for at least one year immediately prior to, and was a registered elector on, the last day for filing petitions for such office or prior to the time of his appointment to fill a vacancy.
(b) 
No person shall be eligible for any elective or appointive City office who is in default to the City. Any person who has not paid his City taxes or any special assessments when due shall be deemed to be in default to the City.
(c) 
Each member of a City Board or Commission created by, or pursuant to, this Charter shall have resided in the City for at least one year immediately prior to the day of his appointment and shall be a qualified and registered elector of the City on such day and throughout his tenure of office.
After notice and hearing, any City office shall be declared vacant by the Council upon the occurrence of one or more of the following events before the expiration of the term of such office:
(a) 
For any reason specified by statute or this Charter as creating a vacancy in office and for any reason specified by statute for removal of municipal officers by the governor;
(b) 
If the officer shall absent himself continuously from the City for more than 60 days without the permission of the Council;
(c) 
If the officer shall be found guilty of any act constituting misconduct in office under the provisions of this Charter by any court or by the vote of four or more members of the Council at or following such hearing.
For the purposes of this section, notice shall be given to the officer 10 days before the hearing personally or by delivering the same at his last known place of residence. Such notice shall include a statement of reasons for the proposed removal. The hearing shall afford an opportunity to the officer, in person or by attorney, to cross-examine witnesses and present testimony in defense.
(a) 
Resignations of elective officers and of members of Boards and Commissions shall be made in writing and filed with the Clerk and shall be acted upon by the Council at its next regular meeting following receipt thereof by the Clerk.
(b) 
Resignations of appointive officers shall be made in writing to the appointing officer or body and shall be acted upon immediately.
(a) 
Vacancies in appointive offices shall be filled in the manner provided for making the original appointment.
(b) 
If a vacancy occurs in an elective office, the Council shall, within 60 days after such vacancy occurs, appoint a person who possesses the qualifications required of holders of said office for the balance of the unexpired term of the officer whose position has become vacant. However, if any such vacancy is not so filled within 60 days, or if three or more vacancies in the positions of Mayor and Councilmen exist simultaneously, the Clerk shall within 10 days call a special election to be held within 60 days thereafter to fill such vacancies for the unexpired terms. Notwithstanding the foregoing, no vacancy in an elective office shall be filled in any manner if the term of office of the person whose office has become vacant expires within 60 days after the vacancy occurs.
Except by procedures provided in this Charter, the terms of office of the elective officers and of members of Boards and Commissions appointed for definite terms shall not be shortened. The terms of elective officers of the City shall not be extended beyond the period for which any such officer was elected, except that an elective officer shall, after his term has expired, continue to hold office until his successor is elected and has qualified. The Council shall not grant or authorize extra compensation to any officer or employee after the service has been rendered. The salary of any elective officer shall not be increased or decreased from the time of his election or appointment until the end of his term of office for which he was elected or appointed.
Every officer, elected or appointed, before entering upon the duties of his office, shall take the constitutional oath of office and shall file the same with the Clerk, together with any bond required by law or by the Council. In case of failure to comply with the provisions of this section within 10 days from the date of his election or appointment, such officer shall be deemed to have declined the office and such office shall thereupon be vacant, unless the Council shall, by resolution, extend the time in which such officer may qualify as above set forth.
(a) 
The Council may require any officer or employee to give a bond, to be approved by the City Attorney, in such sum as the Council determines. The bond shall be conditioned upon the faithful and proper performance of the duties of the office or employment concerned. All officers and employees who receive, distribute, or are responsible for City funds or investments shall be bonded. The resignation, removal, or discharge of any officer or employee, or the appointment of another person to the office or employment, shall not exonerate the officer or employee or his sureties from any liability incurred by them.
(b) 
All official bonds shall be corporate surety bonds and the premiums thereof shall be paid by the City. No official bonds shall be issued for a term exceeding three years, except bonds which are required of officers serving terms of office which are longer than three years. No bond shall be renewed upon its expiration but a new bond shall be furnished in each case.
(c) 
The bonds of all officers and employees shall be filed with the Clerk, except that the Clerk's bond, unless he is covered within the scope of a blanket surety bond, shall be filed with the Treasurer.
(d) 
The requirements of this section may be met by the purchase by the City of one or more blanket corporate surety bonds covering all or any group or groups of the officers and employees of the City. Any officer or employee who is covered by a blanket surety bond need not be bonded individually for the purpose of qualifying for office.
Whenever any officer or employee shall cease to hold such office or employment for any reason whatsoever, he shall within five days, or sooner on demand, deliver to his successor in office, or to his superior, all the books, papers, moneys, and effects in his custody as such officer or employee. Any officer violating this provision may be proceeded against in the same manner as public officers generally for a like offense under statute.
No officer of the City shall have any financial interest, directly or indirectly, (other than the common public interest) in the profits of any contract job, work, or service to be performed for the City nor shall be stand as surety or give any bail or sign any bail or appearance bond required by the ordinances of the City. The foregoing prohibitions, as the same may apply to any Councilman, shall not apply if the Council shall declare in its records, by the unanimous vote of the remaining members of the Council that the best interests of the City are to be served by the waiving of any such prohibition. No officer of the City shall personally, or as an agent, provide any bond which is subject to approval by the Council. Any officer of the City who violates the provisions of this section shall be guilty of misconduct in office.
(a) 
The compensation of all officers and employees of the City whose compensation is not provided for herein shall be fixed by the appointing officer or body within the limits of budget appropriations and in accordance with any pay plan adopted by the Council.
(b) 
Except as otherwise provided by law, the respective salaries and compensation of officers and employees as fixed by, or pursuant to, this Charter shall be in full for all services to the City of such officers or employees and shall be in lieu of all fees, commissions, and other compensation receivable by such officers or employees for such services. Such fees, commissions, and compensations shall belong to the City and shall be collected and accounted for by such officers or employees and be paid into the City treasury. A statement thereof shall be filed periodically with the City Manager. The provisions of Paragraph (b) of this section shall not apply to fees, commissions, or other compensation paid by the County of Berrien to any officer or employee serving as a City representative on the Board of Supervisors or to the Constable.
(c) 
Nothing contained in this section shall prohibit the payment of necessary bona fide expenses actually incurred in or for any service on behalf of the City.
The Council shall have the power to make available to the officers and employees of the City and of its departments and boards any recognized standard plan of group life, hospital, health, or accident insurance.
The following relatives and their spouses (1) of any elective official or of his spouse, or (2) of the City Manager or of his spouse, are disqualified from holding any appointive office or employment of the City of New Buffalo during the term for which said elective official was elected or during the tenure of office of the City Manager, respectively: child, grandchild, parent, grandparent, brother, sister, half-brother and half-sister. All relationships shall include those arising from adoption. This section shall in no way disqualify such relatives or their spouses who are bona fide appointive officers or employees of the City at the time of the election of said elective official or the appointment of said City Manager, or in the case the relationship arises after the persons were, in each case, an officer of the City.