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City of New Buffalo, MI
Berrien County
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[Adopted 8-19-2019 by Ord. No. 242]
There is hereby created a City administrative board known as the Park and Harbor Commission. The Park and Harbor Commission is a successor entity to the disestablished boards formerly known as the Park and Recreation Board and the Harbor Commission.
A. 
Composition. The Park and Harbor Commission shall consist of five members, who shall be resident electors of the City. The following individuals are ineligible to serve as members: City Council members, the City Manager, Department of Public Works Director, or any other elected official and/or employee of the City.
B. 
Appointments. Initial appointments made to the Park and Harbor Commission shall provide for staggered terms of office. Appointments to fill expired positions on such commission shall be for a period of three years, and shall be made by the Mayor with the consent of the majority of the City Council at the regular organizational meeting of the City Council following the regular City election.
C. 
Alternate members. The Mayor with the consent of the majority of the City Council may appoint up to two alternate members, who shall have the same membership requirements as regular commission members. Alternate members have voice and vote on the commission in the event a regular member is absent. At the time of appointment of alternate members, the City Council shall designate one alternate to serve first in the event of an absence during a meeting, with the other alternate member serving if the first alternate member is unavailable, or in the event of a second absence during a meeting.
D. 
Filling vacancies. Appointments to fill vacancies on the commission shall be for a period of time equivalent to the unexpired term of that office. Appointments to fill such vacancies shall be made by the Mayor with the consent of the majority of the City Council, but shall be made within 60 days of the date such vacancy occurs.
Members of the Park and Harbor Commission shall serve without compensation and shall not be employees of the City.
The members of the Park and Harbor Commission shall within 20 days after their appointment in the first instance, and thereafter annually within 20 days following the regular organizational meeting of the City Council following the regular City election, organize and elect one of their members chairperson, one of their members vice-chairperson, and one of their members secretary. The commission may elect such other officers as it may deem advisable and expedient. A majority of the commission shall constitute a quorum for the transaction of business.
The Park and Harbor Commission shall establish by general rule the time and place for holding all regular and special meetings of such commission and the manner of giving notice thereof. The commission is also authorized to establish by general rule procedures for the transaction of the business of such commission.
The City Council shall have the power and authority to remove any member of the Park and Harbor Commission for malfeasance, misfeasance, misconduct or neglect of duty after having given such member notice and an opportunity to be heard.
A. 
Making of policies and recommendations. The Park and Harbor Commission shall study and make recommendations to the City Council concerning policies, rules, regulations, and ordinances dealing with:
1. 
The management, government, maintenance, operation, improvement, and use of City parks, recreational areas, and playgrounds.
2. 
The management, government, maintenance, operation, improvement, and use of the harbor, waterways, channels, municipal docks, or other navigational facilities which are under the control of the City.
B. 
City Council review. The reasonableness and necessity of any such policy, rule or regulations pertaining to any City park, recreational area, playground, recreation program, harbor, waterway, channel, municipal dock, or other navigational facility shall be determined by the City Council after a review of the recommendation of the Park and Harbor Commission.
C. 
Other duties. The Park and Harbor Commission shall also carry out all other duties assigned to it in this Code, as well as all duties assigned to its predecessor boards (i.e., the Parks and Recreation Board and the Harbor Commission).
The Park and Harbor Commission is hereby empowered and authorized to solicit, receive and acquire gifts, appropriations, bequests, donations or endowments of money, funds or property from any person, which shall be immediately turned over to the City Council and shall be used for the creation, improvement, maintenance and operations of the City parks, recreation programs, harbors, waterways, channels, municipal docks, or other navigations facilities.
The Park and Harbor Commission shall annually submit to the City Manager, at a date of the City Manager's choosing, a proposed budget showing in detail the amount of money which, according to the judgment of the commission, may be necessary for navigational, park, or other recreational purposes, and the supervision, maintenance and operation thereof during the ensuing fiscal year, which fiscal year shall correspond to that of the City. The proposed budget submitted and recommended by the Park and Recreation Board may be increased, modified or adopted by the City Council in its sole discretion, as the City Council may deem advisable and expedient.