No person shall hold any elective office of the City unless
he has been a resident of the City for at least one year immediately
prior to the last day for filing original petitions for such office
or prior to the time of his appointment to fill a vacancy. No person
shall hold any elective office unless he has been a qualified and
registered elector of the City for at least 30 days immediately preceding
such last day for filing petitions or at such time of appointment
and continue to be a qualified and registered elector throughout his
tenure of office.
No person shall be elected or appointed to any office of the
City who is a defaulter to the City or any board of officers thereof.
All votes for, or any appointment of, any such defaulter shall be
void.
No person shall be eligible to any elective office of the City
unless he shall have been a taxpayer, or exempt from taxes by operation
of the law, to the City of Lapeer for a period of a least six months
immediately prior to the last day for filing original petitions for
such office or prior to the time of his appointment to fill a vacancy.
No person who holds or has held the office of mayor or commissioner
shall be eligible to hold any appointive office of the City for which
there is compensation paid by the City until two years have elapsed
following the expiration of the term of office for which he was elected.
Each candidate for elective office shall file with his petition
his affidavit that he possesses the qualifications for such office
provided in this section. Failure to file such affidavit shall invalidate
this petition.
Each member of a City Board or Commission other than a public
corporation of the City shall have been a resident of the City for
at least one year prior to the date of his appointment and shall be
a qualified and registered elector of the City on such day and throughout
his tenure of office. [Amended by the electors 4-2-1984]
No person shall be eligible for appointment to any public corporation
of the City unless either (1) he shall have been a resident of the
City for at least one year prior to the date of his appointment and
shall be a qualified and registered elector of the City on such date
and throughout his tenure of office, or (2) he shall have been a taxpayer
to the City of Lapeer for a period of at least one year prior to such
appointment and shall be a taxpayer to the City of Lapeer and a qualified
and registered elector in the County of Lapeer on such day and throughout
his tenure of office. [Amended by the electors 4-2-1984]
No incumbent elective city officer shall become a candidate
for any elective city office, except to succeed himself, without first
resigning from his then incumbent elective city office. Provided,
that the provisions hereof shall not apply to any incumbent elective
city officer whose term of office will expire with the election at
which he is to be a candidate for another elective city office. No
appointive city officer or employee, shall seek any elective office
of the city, unless he resigns from his position with the city nor
shall any elected official serve the city in any other position for
compensation.
Any elective city office or the office of any member of any
board or commission created by, or pursuant to, this charter, shall
be declared vacant by the Commission before the expiration of the
term of such office.
(a) For any reason specified by statute or by this charter as creating
a vacancy in office;
(b) If the officer shall be found guilty by a competent court of any
act constituting misconduct in office under the provisions of this
charter;
(c) If such officer shall miss four consecutive regular meetings of such
board, or commission, or City Commission or 25% of such meetings in
any fiscal year of the city, unless such absence shall be excused
by such board, commission, or City Commission as the case may be,
and the reason therefor entered in the proceedings of the appropriate
body at the time of each absence;
(d) If the officer is removed from office by the Commission in accordance with the provisions of §
C-5.3;
(e) If no person is elected to, or qualified for, the office at the election
at which such office is to be filled.
Removals by the Commission of elective officers, or officers
appointed by the Commission, or of members of boards or commissions
shall be made for either of the following reasons:
(a) For any reason specified by statute for removal of city officers
by the Governor,
(b) For any act declared by this charter to constitute misconduct in
office.
Such removals by the Commission shall be made only after a hearing
of which such officer has been given notice by the Clerk at least
10 days in advance, either personally or by delivering the same at
his last known place of residence. Such notice shall include a copy
of the charges against such officer. The hearing shall afford an opportunity
to the officer, in person or by attorney, to be heard in his defense,
to cross-examine witnesses and to present testimony. If such officer
shall neglect to appear at such hearing and answer such charges, his
failure to do so may be deemed cause for his removal. A majority vote
of the members of the Commission in office at the time, exclusive
of any member whose removal is being considered shall be required
for such removal.
Resignations of elective officers shall be made in writing and
filed with the Clerk and shall be acted upon by the Commission at
its next regular meeting following receipt thereof by the Clerk. Resignations
of officers appointed by the Commission shall be made in writing to
the Commission. All resignations shall be immediately acted upon.
Any vacancy which occurs in the Commission or office of Mayor
shall be filled within 30 days by a majority vote of the remaining
members of the Commission, said appointee to hold office until the
Monday following the election at which such vacancy shall be filled
for any balance of the unexpired original term.
If any vacancy in the office of Commissioner or Mayor which
the Commission is authorized to fill is not so filled within 30 days
after such vacancy occurs, or if three or more vacancies exist simultaneously
in the office of Commissioner, such vacancies shall be filled for
the respective unexpired terms at a special election, which shall
be forthwith called by the City Clerk unless such vacancy or vacancies
shall occur and be unfilled less than 90 days prior to a regular election.
In connection with any special election to fill a vacancy or vacancies
in any elective office no primary election shall be held; candidates
shall be nominated by petitions and the names of all qualified candidates
who file sufficient valid nomination petitions 30 days before such
special election shall be certified to the Election Commission and
placed on the ballot; and all other provisions of this charter, not
inconsistent with this section shall govern.
The provisions of this section shall not apply to the filling
of vacancies resulting from recall.
Vacancies in appointive offices, boards, and commissions shall
be filled in the manner provided for making the original appointment
for the unexpired term of such position.
Except by procedures provided in this charter, the terms of
office of the elective officers and of members of boards and commissions
appointed for a definite term shall not be shortened. The terms of
elective officers 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 or appointed and has qualified.
The Commission shall not grant or authorize extra compensation
to any officer or employee after his service has been rendered. The
salary of any elective officer shall not be increased or decreased
from the day he is elected until the end of the term of office for
which he was elected.
Every officer, elective or appointive, before entering upon
the duties of his office, shall take the oath of office prescribed
for public officers by the Constitution and shall file the oath with
the Clerk, together with any bond required by statute, this charter
or by the Commission. In case of failure to comply with the provisions
of this section within 10 days from the date he is notified in writing
of his election or appointment, such officer shall be deemed to have
declined the office and such office shall thereupon become vacant
unless the Commission shall by resolution extend the time in which
such officer may qualify.
Except as otherwise provided in this charter, all officers of
the city whose duties involve the custody of public property or the
handling of public funds, either by way of receipt or disbursement
or both, and all other officers and employees so required by the Commission
shall, before they enter upon the duties of their respective offices,
file with the city an official bond, in such form and amount as the
Commission shall direct and approve. Such official bond of every officer
and employee shall be conditioned that he will faithfully perform
the duties of his office, and will on demand deliver over to his successor
in office, or other proper officer or agent of the city, all books,
papers, monies, effects and property belonging thereto, or appertaining
to his office, which may be in his custody as an officer or employee;
and such bonds may further be conditioned as the Commission shall
prescribe. The official bond of every officer whose duty it may be
to receive or pay out money, besides being conditioned as above required,
shall be further conditioned that he will, on demand, pay over or
account for to the city, or any proper officer or agent thereof, all
monies received by him as such officer or employee. The requirements
of this paragraph may be met by the purchase of one or more appropriate
blanket surety bonds covering all, or a group of, city employees and
officers.
All official bonds shall be corporate surety bonds and the premiums
thereon shall be paid by the city. The Clerk shall be the custodian
of all the bonds of all officers or employees, except that the Treasurer
shall be custodian of any bonds pertaining solely to the Clerk unless
provided otherwise by ordinance.
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, monies, 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. Any employee found guilty of violating
this provision by a competent court may be punished by a fine of not
to exceed $500 or imprisonment for not to exceed 90 days, or both,
in the discretion of the court.
No person holding any elective or appointive office under the
city government shall take any official action on any contract with
the city or other matter in which he or any relative by blood or marriage,
within the second degree of consanguinity or affinity, is financially
interested, or be a bondsman or surety on any contract or bond given
to the city. A "contract" shall for the purposes of this section include
any arrangement or agreement pursuant to which any material, service
or other thing of value is to be furnished to the city for a valuable
consideration to be paid by the city or sold or transferred by the
city, except the furnishing of personal services as an officer or
employee of the city. Financial interest shall not include the ownership,
either individually or in a fiduciary capacity, by any such person
or such relatives of said person or any beneficial interest in securities
of any corporation with which a contract is made, unless the aggregate
amount of such securities or beneficial interest in such securities,
so owned by such person and such relatives of said person, shall amount
to 10% or more of any class of the securities of such corporation
then issued and outstanding.
Any officer who knowingly permits the city to enter into any
contract in which he has a financial interest without disclosing such
interest to the Commission prior to the action of the Commission in
authorizing such contract, shall be guilty of misconduct in office.
Any officer of the Commission or other officer found guilty of violating
this provision by a court of competent jurisdiction may be punished
by a fine of not to exceed $500 or imprisonment for not to exceed
90 days or both in the discretion of the court.
Except and unless relatives by blood or marriage of the Mayor,
any Commissioner, or of the City Manager, within the second degree
of consanguinity or affinity, are bona fide appointive officers or
employees of the city at the time of the election of such officers
or appointment of such City Manager, such relative shall be disqualified
from holding any appointive office or from being employed by the city,
during the term for which such Mayor or Commissioner was elected,
or during the tenure of office of such City Manager. If the status
of relationship between any employee of the city and any officer of
the city changes to a relationship prohibited hereby after one year
following the employment of such person or election or appointment
of such officer, the provisions of this section shall not apply.
(a) The compensation of all employees and officers 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 without
regard to specific allocations therein and in accordance with any
duly adopted pay plan.
(b) The respective salaries and compensation of officers and employees
as fixed by, or pursuant to, this charter shall be in full for all
official services of such officers or employees and shall be in lieu
of all fees, commissions and other compensation receivable by such
officers or employees for their services.
Such fees, commissions, and compensation shall belong to the
city and shall be collected and accounted for by such officers or
employees, and be paid into the city treasury and a statement thereof
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 Lapeer to any officer or employee
serving as a city representative on the Board of Supervisors.
(c) Nothing contained in this section shall prohibit the payment of necessary
bona fide expenses incurred in service on behalf of the city.
The Commission shall have the power to make available to the
elective or appointive officers and employees of the city and its
departments and boards any recognized standard plan of group life,
hospital, health, or accident insurance either independently of, or
as a supplement to, any retirement plan provided for such officers
and employees.
The Commission may make available to the regular administrative
officers and employees of the city and its department heads or boards,
a pension and retirement plan.
The Commission may provide for a merit system for city employees.