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.
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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.
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.
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.