The form of government provided for in this Charter shall be known as the Commission-Manager form. There is hereby created a Commission, consisting of a Mayor and six Commissioners, who shall be qualified electors of said City, and who shall be elected in the manner hereinafter specified, shall have full power and authority, except as herein otherwise provided, to exercise all the powers conferred upon the City.
The Commission shall constitute the legislative and governing body of said City, possessing all the powers herein provided for, with power and authority to pass such ordinances and adopt such resolutions as they shall deem proper in order to exercise any or all of these powers possessed by said City.
[Amended and adopted 9-12-1950; 11-7-1967; 8-2-2016; 7-24-2017; 8-7-2018]
The members of the Commission shall be elected on a non-partisan ballot by the City at large and shall be subject to recall as hereinafter provided. Any person to be eligible for the office of Mayor or Commissioner shall have been a resident of the territory included in the City of Royal Oak at least one year immediately preceding election and shall be a registered voter.
[Amended and adopted 11-4-1947; 11-8-2011; 7-24-2017; 11-7-2023]
The Mayor of the City shall be elected for the term of two years. In the Biennial City Election of 1947 the six candidates receiving the highest number of votes for the Commission shall be elected as Commissioners, the three highest to serve for a term of four years, the other three for a term of two years; thereafter, the three candidates for Commissioner receiving the highest number of votes shall be elected to serve a term of four years. The Commission shall be the judge of the election and qualification of its own members. The term of all elective officers shall commence at 12:00 noon on the third Monday in November following their election except as hereinafter provided for the first election under this Charter. However, in the event state law allows for the use of ranked choice voting for the offices of Mayor and City Commission, and voting machine equipment capable of implementing ranked choice voting is available and obtained by the City, and such equipment is approved by the City Election Commission, beginning in the election of 2023, or such subsequent odd year election once these conditions are satisfied, candidates for Mayor and City Commission shall be determined in the manner prescribed in Section 20A.
Notwithstanding any other Charter provision:
The term of City Commissioners elected in 2013 shall start at 12:00 noon on the first Monday in December following their election but shall end on the third Monday in November after their election in 2017 at 7:30 pm.
The term of City Commissioners elected in 2015 shall start at 12:00 noon on the first Monday in December following their election but shall end on the third Monday in November after their election in 2019 at 7:30 pm.
The term of the Mayor elected in 2015 shall start at 12:00 noon on the first Monday in December following his or her election but shall end on the third Monday in November after his or her election in 2017 at 7:30 pm.
Starting in 2017, the term of elected officials shall commence at 7:30 pm on the third Monday in November following their election.
[Amended 8-5-2008; 7-24-2017]
The first meeting of the Commission shall be held at 7:30 p.m., on the third Monday of November following their election, provided however that the first meeting of the first Commission elected under this Charter shall be held on the second Monday of December following their election at 7:30 p.m., and thereafter the Commission shall meet at least twice every month, and they may meet such other number of times as the Commission shall by ordinance or resolution provide. The Mayor or any two members of the Commission may call special meetings of the Commission, upon at least 18 hours' written notice to each member, served personally or left at his or her usual place of residence; provided, however, any special meeting at which all members of the Commission are present shall be a legal meeting for all purposes, without such written notice. All meetings of the Commission shall be public and any citizen may have access to the minutes and records thereof at all reasonable times. The Commission shall determine its own rules and order of business and shall keep a journal of its proceedings in English.
A majority of all members elected to the Commission shall constitute a quorum, but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The Commission shall act only by ordinance or resolution.
In times of public danger or emergency, the Mayor may take command of the police and of such other departments and subordinates as may be deemed necessary by him or her to maintain order and enforce laws. The Commission shall also, at the first regular meeting, select a member of the Commission Mayor pro tem, who, during the absence or the disability of the Mayor, shall perform his or her duties and shall act in the name and stead of the Mayor, and shall during the time of such absence or disability, exercise all the duties and possess all the powers of the Mayor.
[Amended and adopted 11-8-2005]
Except for the purpose of inquiry, the Commission and each of its members shall deal with the Administrative branch of the Government solely through the Manager, except in the Department of Law, and neither the Commission nor any member thereof shall give any order or direction either publicly or privately, to any of the subordinates of the Manager.
[Amended and adopted 11-4-1947; 7-24-2017]
A vacancy on the City Commission shall be filled by appointment by a majority of the remaining members of the Commission and a vacancy in any other elective office shall be filled by appointment by the Commission. Such appointee shall hold office until the next biennial municipal election, at which election a successor shall be elected for the unexpired term of the person in whose office the vacancy occurs, beginning the following third Monday in November.
Absence from five consecutive regular meetings shall operate to vacate the seat of a member, unless the absence is excused by the Commission, by resolution setting forth such excuse and entered upon the journal.
[Amended and adopted 11-2-2021]
The administrative functions and powers of the City shall be divided into five departments as follows: Law, Finance, Public Works and Service, Public Welfare and Public Safety, subject to modifications as hereinafter provided.
[Amended and adopted 11-8-2005; 11-2-2021]
There shall be a director of every department who shall have the supervision and control thereof and who, with the exception of the Director of Law, shall be appointed by and be immediately responsible to the City Manager for the administration of the department. The Director of Law shall be responsible to the Commission for the discharge of their duties. Excepting the Department of Law, the Manager shall be the Director of each and every department of the City, until otherwise provided for by the Commission.
[Amended and adopted 11-8-2005]
The director of every department, except that of Law, shall be subject to the supervision and control of the Manager in all things, except as otherwise herein specifically provided.
The Commission shall, by ordinance, determine and prescribe the functions and duties of each department, subject to the expressed provisions contained herein, and may by a vote of five of its members create new departments, combine existing departments, and establish temporary departments for special work.
[Amended and adopted 11-2-2021]
The Commission shall appoint a City Manager, City Clerk, City Treasurer, City Assessor, and Director of Law, each of whom shall be appointed for an indefinite period and be subject to removal by the Commission.
The Manager shall be the chief administrative officer of the City. He or she shall be chosen by the Commission solely on the basis of his or her executive and administrative qualifications, and shall, during his or her term of office, reside in the City of Royal Oak; provided, however, he or she shall be a citizen of the United States of America and shall have attained the age of 25 years.
The Manager shall be responsible to the Commission for the proper administration of the affairs of the City and to that end shall make all appointments, including the heads of departments, except as herein otherwise specifically provided.
He or she shall be required to be present at all meetings of the Commission and be entitled to be present at all meetings of its committees and to take part in all discussions, but shall have no vote.
[Amended and adopted 4-4-1949; 11-3-2015]
The City Commission may enter into a written agreement with the City Manager, who serves at the pleasure of the City Commission as head of the City's administrative branch. The City Manager's contract may be for up to two years, one year's severance pay and six month's severance benefits.
The Commission may appoint an Assistant Manager, who shall, when directed by the Commission, perform the duties of Manager in case of his or her sickness, absence from the City, disability, suspension, removal, or resignation.
The City Clerk shall be Clerk of the Commission and shall, with the Mayor, sign and attest all ordinances; and the journal or record of the Commission's proceedings shall be prepared, kept, and signed by the City Clerk and approved in writing by the Mayor. In addition, the City Clerk shall perform such other duties as are prescribed by this Charter, the General Laws of the State, or by the Commission.
The Director of the Department of Law must be an attorney-at-law and may be termed "City Attorney." He or she shall be the legal adviser, City Attorney, and counsel for the City and for all the officers and departments thereof in all matters relating to their official duties, and shall perform such other duties as may be imposed upon him or her from time to time by the Commission, either by ordinance or resolution, provided, however, that the City Commission may at any time employ such other counsel as it may deem necessary for the good of the City.
The Commission, City Manager, the director of any department, or any officer or board, not included in any department, may require the opinion of the City Attorney upon any question of law, involving their respective powers and duties.
[Amended and adopted 11-4-30; 11-8-2005]
The Director of Finance shall have direct supervision over the administration of the financial affairs of the City insofar as they relate to the keeping of accounts and financial records and the disbursing of City funds. He or she shall be the disbursing agent of the City, and shall perform such other duties as the Commission may by ordinance or resolution prescribe. The City Treasurer shall have supervision over the collection of taxes, special assessments, or other revenue, and of the proper recording of such receipts. The Treasurer shall make daily report to the Director of Finance of the financial transactions of the day, including the amount of cash received, and such other information as may be necessary for a proper financial record of the City's business, and shall perform such other duties as may be prescribed by the City Commission.
The Director of Public Works and Service shall, except as otherwise provided in this Charter, or by the Commission, manage and have charge of the construction, improvement, repairs, maintenance of streets, sidewalks, alleys, lands, bridges, viaducts, and other public highways; of sewers, drains, ditches, culverts, canals, and water courses; of municipal water supply, and all works, lands, water, lands under water, dams, pumping station, ways, mains, pipes, and all other works connected therewith, of all public buildings, public places, and grounds; of the establishment, development, and maintenance of parks and playgrounds, but not the management and supervision of such parks; of all sewage and garbage disposal and reduction plants and all other public utilities owned or operated by the City. He or she shall have charge of the enforcement of all the obligations of privately owned or privately operated public utilities enforceable by the City; of making and preservation of surveys, maps, plans, drawings, and estimates for public work; of the cleaning, sprinkling, and lighting of the streets and public places.
The Director of Public Welfare shall have the supervision and management of all charitable, correctional, and reformatory institutions and agencies belonging to the City; the supervision of the use of recreational facilities of the City, including parks and playgrounds; the inspection and supervision of public entertainments; the study and research into the causes of poverty, delinquency, crime, and the relief and prevention thereof; and other welfare and social problems in the community, and such other duties as the Commission may by ordinance or resolution prescribe.
[Amended and adopted 11-2-2004]
The Director of Public Safety shall have supervision of and enforce all the laws and ordinances relating to buildings, weights, and measures, City pounds, the preservation of the public peace and order, and all other laws and ordinances, the enforcement of which is not specifically provided for in this Charter. He or she shall have the control and management of the Police and Fire Departments, which Departments shall consist of a Chief of each and such other officers, patrol officers, firefighters, and other employees or members as the Manager may determine, except that the City shall employ not less than 1.17 full-time professional fire fighters per 1,000 of population, as indicated by the most recent United States census.
The Director of Public Safety and the Chief of the Fire Department shall be vested with all the powers of State Fire Wardens.
The Director of Public Safety and all members of the Police Department shall have the same powers as sheriffs and constables in the serving of civil and criminal process, in the making of arrests, both within and without the City, but within the state. They shall have the power to arrest, without process, all persons, who in the presence of the officer, shall be engaged in the violation of any law, and to detain such person until complaint shall be made as speedily as possible after such arrest.
The Chief of the Fire Department or person in charge of the department at any fire, may cause any building to be razed or destroyed, when deemed necessary, in order to arrest the progress of a fire, and no action shall be maintained against any person or against the City therefor.
The Director of Public Safety shall have such other powers and perform such other duties as the Commission may by resolution or ordinance prescribe.
[1]
Editor's Note: Former Section 32, Director of Public Health, was repealed 11-2-2021.
[Amended and adopted 11-6-2007]
The Director of Finance shall designate a purchasing agent, by whom all purchases for the City shall be made and all vouchers for the payment of the same approved. He or she shall also conduct all sales of personal property which the City Commission may authorize to be sold.
[Amended and adopted 11-8-1955; 11-6-2007]
No purchase shall be made excepting on requisition, by the head of a department, countersigned by the City Manager, and when the office of the Director of Finance is created by the Commission, then such requisition shall also be approved by the Director of Finance. No purchase shall be made in excess of appropriations. The City Commission shall set a purchasing limitation by resolution, adopted at the same time the annual city budget is approved. No purchase shall be made in excess of the purchasing limitation without the approval of the City Commission.
[Amended and adopted 11-5-1957; 11-8-2005]
The Manager, with the approval of the City Commission, shall fix the salary or compensation of the heads of all the departments, except the Departments of Law and the City Clerk, and shall also fix the salary or compensation of the employees of all the departments, including the employees of the Departments of Law and the Office of the City Clerk; provided that this shall not be deemed to include officers or employees required in the conduct of elections, either primary, general, or special. The Commission shall fix the salary of the Manager, the Directors of the Departments of Law, Associate Counsel, and the City Clerk.[1]
[1]
Editor's Note: Former Sections 35 and 36, which provided for appointment of representatives to the Board of Supervisors of Oakland County and for said representatives rights and responsibilities, were repealed and Sections 37 through 48 were renumbered as Sections 35 through 46, respectively 11-3-2015.
All appointive officers of the City shall perform such duties as shall be prescribed by ordinance, this Charter, and the General Laws, which may be required by the Commission and the heads of departments.
Relatives by blood or marriage of any Commissioner or the Manager, within the first degree of consanguinity or affinity, are hereby disqualified from holding any appointive office during the term for which the said Commissioner was elected, or during the tenure of office of said Manager.
The compensation of all officers and employees of the City, including all election officials, shall be fixed by the Commission, except as otherwise specifically provided herein.
Every officer shall, before he or she enters upon the duties of his or her office, subscribe and file with the Clerk an oath to support the Constitution of the United States and the Constitution of the State of Michigan, and faithfully perform the duties of the office to the best of his or her ability.
The Commission may require any officer or employee to give a bond for the faithful performance of his or her duty, in such amount as it may determine, and the premium thereof shall be paid by the City.
Any officer or employee, required by the provisions of this Charter, and General Laws of the State, by any ordinance of the City of Royal Oak, or by the Commission, to give bond, shall not enter upon the duties of his or her office or employment until such bond shall be duly filed, approved, and recorded.
All such bonds, except as herein otherwise provided, shall be approved by the Commission and filed with the Clerk, excepting the bond of the Clerk, which shall be filed with the Treasurer.
No elective officer shall hold any office or employment, except that to which he or she was elected, compensation for which is to be paid out of City funds, nor be elected or appointed to any office created or the compensation of which was increased or fixed by the Commission while he or she was a member thereof, until the expiration of one year from the date when he or she ceased to be a member of the Commission.
All bonds required under the provision of this Charter shall be surety company bonds.
[Amended and adopted 11-8-1955]
Each Commissioner hereafter elected shall receive the sum of $20 for each regular or special meeting of the Commission attended by him or her, but not to exceed the sum of $1,200 per annum. The Mayor shall receive the sum of $40 for each regular or special meeting of the Commission attended by him or her, but not to exceed the sum of $2,000 per annum.
[Amended and adopted 11-6-1928; 11-3-2015]
The Public Library of the City of Royal Oak shall be administered by a Library Board of not less than five members, whose duties shall be fixed by ordinance and whose members shall be appointed for fixed terms by the City Commission. Such Board shall appoint the Librarian and subordinate employees of the library and fix their compensation. Such Board may also make purchases for the library without the requisition specified in Section 34 of this chapter; provided, however, the total amount expended by said Board in any one year for compensation of employees, purchases, and other expenses shall not exceed the appropriation allowed for library purposes in the annual budget; and provided further, that no purchase or lease in excess of $10,000 shall be made without the approval of the Commission. The spending limit is tied to the rate of inflation.
