(a)
The City Council shall have full power and authority to exercise
all the powers conferred upon the City, except as herein otherwise
provided.
(b)
The City Council is empowered to pass all ordinances relating to
the municipal concerns of the City to provide for the public peace,
health, safety and welfare of persons and property of the City and
to provide proper penalty for the violation thereof, subject to the
provisions of law and this Charter.
(c)
The City Council, or any person or committee authorized by it, may
make investigations into the affairs of the City and the conduct of
any City department, office or agency and for this purpose may subpoena
witnesses, administer oaths, take testimony and require the production
of evidence. Any person who fails or refuses to obey a lawful order
issued in the exercise of these powers by the City Council shall be
guilty of a misdemeanor and punishable by a fine of not more than
five hundred dollars ($500.00), or by imprisonment for not more than
ninety (90) days, or both.
(d)
There shall be no standing committees of the City Council.
(e)
The City Council shall provide by ordinance or resolution for such
boards and commissions as it may, from time to time, deem necessary,
subject to law and provisions of this Charter. Members shall serve
without compensation unless otherwise provided by law or by the City
Council.
(a)
The City Council shall consist of the Mayor and six (6) Councilmembers.
The Mayor shall be elected at-large on a nonpartisan ballot and shall
serve a term of two (2) years. The six (6) Councilmembers shall be
elected at-large on a nonpartisan ballot and shall serve for four
(4) year staggered terms.
(b)
No individual shall be a candidate for more than one City elected
office at the same election.
(c)
Newly elected members shall take the oath of office and assume the
duties of their office at the next regularly scheduled meeting following
their election.
(a)
Members of the City Council, including the Mayor, shall be qualified
and registered electors of the City and shall have been residents
of the City for at least one (1) year immediately prior to their election.
Appointments made to fill a vacancy shall also be subject to the one
(1) year residency requirement and be qualified and registered electors
of the City.
(b)
The City Council shall be the sole judge of the election and qualification
of its own members, subject to review by the courts. No member of
the City Council shall hold any other compensated City office during
their term of office unless otherwise provided in this Charter.
(c)
No person shall be eligible for membership on the City Council who
is in default to the City. The holding of office by any member who
is in default shall create a vacancy unless such default shall be
eliminated within thirty (30) days after written notice thereof has
been served at his or her last known place of residence by first class
mail by the City Clerk upon the direction of the Council, or, unless
the member contests his or her liability for the default in a court
of competent jurisdiction or an appropriate administrative proceeding.
(a)
Insofar as required by law and for all ceremonial purposes, the Mayor
shall be recognized as the Chief Executive Officer of the City. The
Mayor shall exercise only such powers as the law, this Charter or
the City Council specifically confer upon him or her. As a member
of City Council, the Mayor shall have a voice and vote in the proceedings
of the City Council, but no veto power. The Mayor shall authenticate
by his or her signature such instruments as the City Council, this
Charter or state law shall require.
(b)
At the first regular meeting after each City general election, the
City Council shall appoint one of its elected members to serve as
Mayor Pro Tem. The Mayor Pro Tem shall perform all the duties of the
Mayor allowed by law when, on account of illness, absence from the
City or disability, the Mayor is temporarily unable to perform the
duties of the office of Mayor.
(a)
The compensation of each member of the City Council shall be fifty
dollars ($50.00) per each regular and special meeting attended, except
the Mayor shall receive sixty dollars ($60.00) per each regular and
special meeting attended. City Council shall not be paid for more
than one meeting per day unless more than four (4) hours has passed
between meetings. In all cases, the compensation shall not exceed
a combination of fifty (50) regular and special meetings annually.
Compensation shall be payable monthly.
(b)
As set forth in paragraph (a) of this section, compensation for each
member of City Council shall be increased by five dollars ($5.00)
effective July 1, 2015, and every five (5) years thereafter. Each
five dollar ($5.00) increase shall commence with the start of the
fiscal year of the City.
(c)
Councilmembers shall be reimbursed for their actual and necessary
expenses incurred in the performance of their duties of office as
authorized by the City Council.
(a)
The Contracts of Public Servants with Public Entities Act, MCL Sec.
15.321, et seq., shall govern the conduct of public servants of the
City in respect to contracts with the City.
(b)
Except for public contracts governed by MCL 15.321 et seq., no member
of the City Council shall have an interest, directly or indirectly,
in any contract, job or work with the City. No member of the City
Council shall be financially interested directly or indirectly in
the sale to the City of any land, materials, supplies or services.
This does not apply to the official services of his or her office.
(c)
Any member of the City Council offending the provisions of this section
shall, upon conviction thereof, be fined not more than five hundred
dollars ($500.00) or be imprisoned not more than ninety (90) days,
or both, in the discretion of the court, and shall forfeit their office.
(d)
The foregoing prohibitions of this section, as they apply to a Councilmember
or Councilmembers, shall not apply if the City Council shall declare
on its records by an affirmative vote of five (5) of the remaining
members of the City Council that the best interests of the City are
served despite a personal interest, direct or indirect, and if in
compliance with the Contracts of Public Servants with Public Entities
Act, MCL § 15.321, et seq.
(a)
Regular meetings. Regular meetings of the City Council shall be held
each month as prescribed by ordinance.
(b)
Special meetings. Special meetings of the City Council may be called
by the City Clerk on the written request of the Mayor or any three
(3) members of the City Council, provided such written request has
been submitted to the City Clerk at least twenty-four (24) hours prior
to the special meeting. The City Clerk, or the Clerk's designee,
shall serve written notice of such special meeting on each member
at least 18 hours prior to the special meeting. The notice shall be
served either personally or left at the member's usual place
of residence. Alternatively, the notice may be served via email, text
message or other electronic means if such preference has been filed
with the City Clerk in writing by the individual member. Any special
meeting at which all members of the City Council are present shall
be a legal meeting for all purposes without such notice.
(c)
Open to the public. All regular and special meetings of the City
Council shall be open to the public and the rules of order of the
City Council shall provide that the citizens shall have reasonable
opportunity to be heard, except as otherwise provided by law.
(d)
Quorum. Four (4) members of the City Council shall be a quorum for
the transaction of business. In the absence of a quorum, two (2) or
more members may adjourn any regular or special meeting.
(e)
Rules of Order. The City Council shall determine its rules and order
of business.
(f)
Voting. All ordinances or resolutions shall be adopted or passed
by an affirmative vote of at least four (4) members of the City Council.
All votes shall be taken by "Yes" and "No" votes and entered upon
the record; except when the vote is unanimous, it shall only be necessary
to so state. Each member present shall vote on each question before
the City Council for a determination unless required by law to abstain.
(g)
Journal of the proceedings. The City Clerk shall keep a written or
printed journal of the proceedings of each City Council meeting in
the English language. The proceedings of each City Council meeting
shall be available for inspection at all reasonable times during normal
business hours in accordance with law.
(a)
A member of City Council shall forfeit their office if at any time
during their term of office they:
(1)
Lack any qualification for the office prescribed by this Charter
or by law;
(2)
Violate any expressed prohibition of this Charter;
(3)
Fail to attend four (4) consecutive regular meetings of the City
Council without being excused by a majority vote of the members thereof;
or
(4)
Are convicted of a felony while holding office.
(b)
Pursuant to paragraph (a) of this section, the City Council may declare
the forfeiture of office of any member by an affirmative vote of five
(5) members. No City Councilmembers may have their office declared
forfeited until such member has been granted a hearing and notice
of such hearing has been served upon the member at least ten (10)
business days before such hearing. The hearing notice shall be served
either personally, or if they cannot be found in the City, sent by
certified mail to their last known address. The notice of such hearing
shall state the grounds for forfeiture of the office. Such member
shall have the right to be heard at such hearing in person or by counsel.
Resignations of all elected officials shall be made in writing
and filed with the City Clerk. The resignation shall be placed on
the agenda of the next regular meeting of the City Council and shall
be received and become effective at the conclusion of said meeting.
The resignation may be withdrawn up to the time it is received by
the City Council by written notice of such withdrawal delivered to
the office of the City Clerk.
(a)
A vacancy on City Council shall exist when any member of the City
Council, including the Mayor, dies, resigns, is removed from office,
moves from the City, or otherwise lacks any qualifications for the
office to which they were elected or appointed, is convicted by a
court of competent jurisdiction of a felony, or of misconduct in office
under this Charter, or is judicially declared to be mentally incompetent.
A vacancy shall also be deemed to exist on City Council when no candidate
is elected to a City Council seat, including the office of Mayor.
(b)
A vacancy, except one caused by recall or in the office of Mayor,
shall, if possible, be filled at the next regularly scheduled City
Council meeting after the vacancy exists. The process to fill the
vacancy shall be that the next highest vote getter in the preceding
election for City Council for the vacancy to be filled who received
at least twenty-five percent (25%) of the total ballots cast shall
fill the vacancy. If the identified person to this procedure lacks
any qualifications to fill the vacancy, then the process shall be
repeated until such vacancy is filled.
(c)
If no candidate from the preceding election fills the vacancy by the process in paragraph (b) of this section, or if the vacancy is caused by no candidate being elected to the City Council seat other than the office of Mayor, the City Council shall solicit and consider letters of interest from qualified and registered City electors who are qualified to fill the vacancy. The City Council may, by a vote of not less than four (4) members, fill the vacancy by appointing a person to serve who meets the requirements of Chapter 2.
(d)
If a vacancy is filled more than four (4) months before the next
City general election, the person filling the vacancy shall hold office
until the next City general election, at which time a successor shall
be elected to serve the remainder of any unexpired term. If a vacancy
is filled less than four (4) months before the next City general election
and the office is not due to be filled at that election, the person
shall serve for the remainder of the unexpired term.
(e)
If the City Council is unable to fill a vacancy within forty-five
(45) calendar days of the effective date of the vacancy, the City
Clerk shall schedule an election for the next available election date
for the purpose of filling such vacancy. There shall be no primary
election and candidates shall be nominated by petitions in a manner
identical to that provided in § C4-4 of this Charter. The
City Clerk shall publish notice of the last day, time and place for
filing nominating petitions as required by law.
(f)
When a vacancy has been created because of the succession of a Councilmember
to the office of Mayor, the term of office for the person filling
this vacancy shall end when a newly elected Mayor takes office. A
Councilmember who succeeded to the office of Mayor shall retake his
or her seat on the City Council if their term has not expired.
(g)
In case of a vacancy in the office of Mayor, the Mayor Pro Tem shall
succeed to the office of Mayor for the unexpired term and the City
Council shall appoint one (1) of its elected members to serve as Mayor
Pro Tem. Upon completion of the unexpired term of the Mayor, a Mayor
Pro Tem who has succeeded to the office of Mayor shall retake their
vacated seat as Councilmember if their term as Councilmember has not
expired.
(h)
In case of a simultaneous vacancy in the office of Mayor and the
office of Mayor Pro Tem, the member of City Council with the longest
continuous service shall serve as Mayor. Between members of City Council
with equal length of continuous service on the City Council, the person
who received the highest number of votes at the time of his or her
last election shall serve as Mayor. The City Council shall appoint
one of its elected members to fill the vacancy in the office of Mayor
Pro Tem. Upon completion of the unexpired term of the Mayor, the Councilmember
who succeeded to the office of Mayor shall retake their vacated seat
as Councilmember if their term as Councilmember has not expired.
(i)
If the membership of City Council is for any reason reduced to less
than four (4) members, and the membership of City Council cannot be
brought up to at least four (4) members by the process provided in
paragraph (b) of this section, appointment(s) sufficient to bring
the total number of members of City Council to four (4) shall be made
by an affirmative vote of a majority of the remaining members of City
Council. A member who is appointed under this subsection shall not
vote on the appointment of himself or herself to an elective or appointive
City office. A member of the City Council appointed under this subsection
shall hold the office only until the member's successor is elected
and qualified. The successor shall be elected at a special or regular
election on the next regular election date that is not less than 120
days after the appointment is made and the successor shall serve for
the balance of the unexpired term of the City Council seat he or she
is filling. There shall be no primary election and candidates shall
be nominated by petitions in a manner identical to that provided in
§ C4-4 of this Charter. The City Clerk shall publish notice
of the last day, time and place for filing nominating petitions as
required by law.
(j)
In the case of recall, vacancies shall be filled in accordance with
the law, except as provided in paragraph (i) of this section.
