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.
[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.
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.