The electors of the city shall elect a City Commission of five
members, and a Mayor. The Commission shall constitute the legislative
and governing body of the city and shall have power and authority,
except as in this charter or by statute may be otherwise provided,
to exercise all powers conferred upon or possessed by the city, and
shall have the power and authority to adopt such ordinances and resolutions
as it shall deem proper in the exercise thereof. In all cases where
the word "Commission" is used in this charter, the same shall be synonymous
with the word "Council" or any other term used in any state or federal
law in referring to municipal legislation or governing bodies.
Members of the Commission shall meet the eligibility requirements
contained in § C-5.1 of this charter. The Commission shall
be the sole judge of the election and qualification of its own members,
subject only to review by the court.
[Amended by the electors 4-7-1969; by the electors 4-3-1978]
The Mayor and Commissioners shall receive such compensation
as is determined by the Local Officers Compensation Commission of
the City of Lapeer in accordance with the provisions of Act 8 of the
Public Acts of 1972, as amended, and the appropriate ordinance adopted by the City of Lapeer
in pursuance thereto. The compensation presently established for the
Mayor and the Commissioners by the Local Officers Compensation Commission
of the City of Lapeer shall continue after the adoption of this section
of the Charter for the remainder of the terms of the Mayor and Commissioners
unless otherwise changed by said Local Officers Compensation Commission
pursuant to said ordinance and law.
Such compensation shall be paid quarterly and except as otherwise
provided in this charter shall constitute the only compensation which
may be paid the Mayor or Commissioners for the discharge of any official
duty for or on behalf of the city during their tenure of office. However,
the Mayor and Commissioners may, upon the order of the Commission,
be paid such necessary bona fide expenses incurred in service on behalf
of the city as are authorized and itemized.
The Commission shall, at its first meeting following each regular
city election, and after the newly elected members take office, elect
one of its members to serve as Mayor Pro Tem. For a term to expire
at the first Commission meeting following each regular city election.
In the event of absence or disability of both the Mayor and
Mayor Pro Tem, the Commission may designate another of its members
to serve as Acting Mayor during such absence or disability.
(a) Insofar as required by statute, and for all ceremonial purposes,
the Mayor shall be the executive head of the city. He shall have a
voice in all proceedings of the Commission but shall have no vote
therein except in the case of a tie; and, in case of a tie, he shall
cast the deciding vote. He shall be the presiding officer of the Commission.
(b) He shall be a conservator of the peace, and may exercise within the
city the powers conferred upon sheriffs to suppress disorder, and
shall have the power to command the assistance of all able-bodied
citizens to aid in the enforcement of the ordinances of the city,
and to suppress riot and disorderly conduct.
(c) The Mayor shall execute or authenticate by his signature such instruments
as the Commission, this charter or any statutes of the State of Michigan
or laws of the United States shall require.
(d) Except as may be required by statute, the Mayor shall exercise only
such power as this charter or the Commission shall specifically confer
upon him.
[Amended by the electors 11-7-2007]
The administrative officers of the city shall be the City Manager,
Attorney, Clerk, Treasurer, Assessor, and such additional administrative
officers as may be created by ordinance. The City Commission may combine
any such offices in one or more persons in any manner not inconsistent
with the provisions of the general laws of the state.
The City Manager and Attorney shall be appointed by the Commission
for an indefinite period, shall be responsible to and serve at the
pleasure of the Commission and shall have their compensation fixed
by the Commission.
All administrative officers of the city, except the City Manager
and Attorney, shall be appointed by the City Manager for an indefinite
period, subject to confirmation by the Commission. Such officers shall
be responsible to the City Manager and shall have their compensation
fixed by him within the limits of budget appropriations. Such officers
may be discharged by the City Manager.
Except as may be otherwise required by statute or this charter,
the Commission may establish by ordinance such departments of the
city as it deems necessary or advisable and shall prescribe therein
the functions of each department and the duties, authorities and responsibilities
of the officers of each department. The City Manager may prescribe
such duties and responsibilities of the officers of each department
responsible to him which are not inconsistent with this charter or
with any ordinance or resolution.
All personnel employed by the city who are not elected officers
of the city or administrative officers by, or under the authority
of, this charter shall be deemed to be employees of the city. The
head of each department shall have the power to hire, suspend, or
discharge the employees of his department with confirmation by the
City Manager.
The functions of the city government shall be divided into two
general divisions, policy forming and administrative. It shall be
the duty of the City Commission to pass such legislation and formulate
such policies as are necessary to the operation of the city government;
and to hire a City Manager who shall have complete charge of enforcing
such legislation and carrying out such policies, and in general, be
charged with and responsible for all details of administration. It
shall be the duty of every member of the Commission and every candidate
for a seat on the Commission to preserve this distinction between
the policy forming and administrative functions of the city government.
In order to secure the efficiency of the city government, insofar
as possible under this plan and to prevent embarrassment of the City
Manager in his administrative duties, therefore the following rules
shall be observed:
1. No candidate for a seat on the Commission shall promise employment
to any person, the letting of any contract, or the purchase of any
equipment or supplies, or promise any other favor, or emolument or
expenditure of the city for the purpose of securing votes, but this
provision shall not be held to apply to any promise which any candidates
for a seat on the Commission may make regarding the advancement or
consummation of any public improvement, the passage of any legislation,
or any other question of public policy within the authority of the
Commission.
2. Except for purposes of inquiry in administrative matters the Commission
and its members shall deal solely with the Manager, and neither the
Commission nor any member thereof shall give orders to any subordinate
employee of the city, either publicly or privately; neither shall
any member of the Commission direct or request:
(a) The appointment of any person to or the removal of any person from,
any employment or office for which the City Manager is responsible;
(b) The purchase of any specific materials, supplies or equipment;
(c) The recommendation of any specific firm or person for a city contract.
It is not the intention of this provision to prevent frank discussion
of the business of the city between the Manager and any member of
the Commission at any time, but to prevent the personal favoritism
or prejudice of any member of the Commission from hampering the administration
on the city under the plan set forth in this section.
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Any violation of provisions one and two of this section shall constitute misconduct in office. Any citizen, official, or employee of the city may bring charges of the violation of provision one of this section to the Commission in person or in writing, either before the regular city election or within 90 days thereafter, which charge must be accompanied by a sworn statement of at least one specific violation of this provision: under provision two, such charges may be made at any time during the term of office of any member of the Commission. After presentation of such charges under either of the above provisions and such further inquiry as the Commission may desire to make, if the Commission shall adopt, by at least three affirmative votes, a resolution setting forth the charges and declaring that this section of the charter appears to have been violated, the Commission shall undertake removal proceedings against any so accused candidate or incumbent in office pursuant to § C-5.3. Any person found guilty of such misconduct in office shall immediately forfeit his office and be ineligible to hold office for three years. The decision of the Commission for any violation of this Section shall be subject to appeal to the Circuit Court.
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The Commission shall appoint a City Manager within 90 days after
any vacancy exists in such position. The City Manager shall hold office
at the pleasure of the majority of the Commission, but he shall not
be removed from office during a period of 60 days following any regular
city election except by the affirmative vote of five members of the
Commission. He shall be selected on the basis of his executive and
administrative qualifications with special reference to his training
and experience. No member of the Commission shall be eligible to the
position of City Manager within two years of the expiration of his
last previous term on the Commission.
The Commission may appoint or designate an Acting Manager during
the period of a vacancy in the office or during the absence of the
City Manager from the city. Such Acting City manager shall, while
he is in such office, have all the responsibilities, duties, functions
and authority of the City Manager.
The City Manager shall be the chief administrative officer of
the city government. His functions and duties shall be:
(a) To be responsible to the Commission for the efficient administration
of all departments and utilities of the city government, except the
department under the direction of the Attorney:
(b) To see that all laws and ordinances are enforced;
(c) To appoint the heads of the several city departments whose appointment
is not otherwise specified in this charter, and to direct and supervise
such department heads;
(d) To give to the proper department or officials ample notice of the
expiration or termination of any franchise, contracts, or agreements;
(e) To see that all terms and conditions imposed in favor of the city
or its inhabitants in any public utility franchise, or in any contract,
are faithfully kept and performed:
(f) To recommend an annual budget to the Commission and to administer
the budget as finally adopted under policies formulated by the Commission,
and to keep the Commission fully advised at all times as to the financial
condition and needs of the city;
(g) To recommend to the Commission for adoption such measures as he may
deem necessary or expedient; and to attend Commission meetings with
the right to take part in discussions but not to vote;
(h) To exercise and perform all administrative functions of the city
that are not imposed by this charter or ordinance upon some other
official;
(i) To be responsible for the maintenance of a system of accounts of
the city which shall conform to any uniform system required by law
and by the Commission and to generally accepted principles and procedure
of governmental accounting. He shall submit financial statements to
the Commission quarterly, or more often as the Commission directs.
(j) To act as Purchasing Agent for the city or, under his responsibility,
delegate such duties to some other officer or employee of the city.
(k) To perform such other duties as may be prescribed by this charter
or required of him by ordinance or by direction of the Commission.
(a) The Clerk shall be the Clerk of the Commission and shall attend all
meetings of the Commission and shall keep a permanent journal of its
proceedings in the English language.
(b) The Clerk shall be custodian of the city seal, and shall affix it
to all documents and instruments requiring the seal, and shall attest
the same. He shall also be custodian of all papers, documents, bonds,
and records pertaining to the city the custody of which is not otherwise
provided for.
(c) The Clerk shall certify by his signature all ordinances and resolutions
enacted or passed by the Commission.
(d) The Clerk shall provide and maintain in his office a supply of forms
for all petitions required to be filed for any purpose by the provisions
of this charter.
(e) The Clerk shall have power to administer oaths of office.
(f) The Clerk shall perform such other duties as may be prescribed for
him by this charter, by the Commission or by the City Manager.
(a) The Treasurer shall have the custody of all monies of the city, any
bond pertaining solely to the Clerk, and all evidences of indebtedness
belonging to the city or held in trust by the city.
(b) The Treasurer shall collect all monies of the city the collection
of which is not provided for elsewhere by charter or ordinance. He
shall receive from other officers and employees of the city all money
belonging to and receivable by the city that may be collected by such
officers and employees, including fines, license fees, taxes, assessments
and all other charges. All money shall be turned over to the treasurer
after collection and he shall in all cases give a receipt therefor.
(c) The Treasurer shall keep and deposit all monies or funds in such
manner and only in such places as the Commission may determine and
shall report the same in detail to the City Manager.
(d) The Treasurer shall disburse all city funds in accordance with the
provisions of statute, this charter and procedures to be established
by the Commission.
(e) The Treasurer shall have such powers, duties and prerogatives in
regard to the collection and custody of state, county, school district
and city taxes as are conferred by statute upon township treasurers
in connection with state, county, township and school district taxes
upon real and personal property.
(f) The Treasurer shall perform such other duties as may be prescribed
for him by this charter, by the Commission or by the City Manager.
The Assessor shall possess all the powers vested in, and shall
be charged with all the duties imposed upon, assessing officers by
statute. He shall prepare all regular and special assessment rolls
in the manner prescribed by this charter, by ordinance and by statute.
He shall performs such other duties as may be prescribed for him in
this charter, by the Commission or by the City Manager.
(a) The Attorney shall act as legal advisor to, and be attorney and counsel
for, the Commission and shall be responsible solely to the Commission.
He shall advise any officer or department head of the city in matters
relating to his official duties when so requested and shall file with
the Clerk a copy of all written opinions given by him.
(b) The Attorney shall prosecute such ordinance violations and he shall
conduct for the city such cases in court and before other legally
constituted tribunals as the Commission may request. He shall file
with the Clerk copies of such records and files relating thereto as
the Commission may direct.
(c) The Attorney shall prepare or review all ordinances, contracts, bonds
and other written instruments which are submitted to him by the Commission
and shall promptly give his opinion as to the legality thereof.
(d) The Attorney shall call to the attention of the Commission and the
City Manager all matters of law, and changes and developments therein,
affecting the city.
(e) The Attorney shall perform such other duties as may be prescribed
for him by this charter or by the Commission.
(f) Upon the recommendation of the Attorney, or upon its own initiative,
the Commission may retain special legal counsel to handle any matter
in which the city has an interest, or to assist and counsel with the
Attorney therein.
The compensation of the attorney shall be set by the Commission.
No compensation to special legal counsel shall be paid except in accordance
with an agreement between the Commission and the Attorney or Special
Counsel made before the service for which such compensation is to
be paid has been rendered.
The Clerk, Treasurer and Assessor may appoint their own deputies
subject to the written confirmation of the City Manager, and may terminate
the status of their deputies at their pleasure upon written notice
to the City Manager. Such deputies shall, in each case, possess all
the powers and authorities of their superior officers except as the
same may be from time to time limited by their superiors or by the
City Manager.
[Amended by the electors 4-3-1978]
The Commission may not create any board or commission to administer
any activity except:
(e) Local Officers Compensation Commission,
(g) Any activity, board or commission required or permitted by law to
act or administer.
The Commission may establish quasi-judicial appeal boards and
may also establish boards or commission to serve solely in an advisory
capacity.
[Amended by the electors 4-7-1969]
The Commission shall have the power and authority to establish,
by ordinance, a Violations Bureau for the handling in accordance with
law of violations of ordinances and regulations of the city regarding
the parking of vehicles. The creation of such Violations Bureau shall
not operate so as to deprive any person of a full and impartial hearing
in court should such person so choose.