No person shall hold any elective office of the City unless he has been a resident of the City for at least one year immediately prior to the last day for filing original petitions for such office or prior to the time of his appointment to fill a vacancy. No person shall hold any elective office unless he has been a qualified and registered elector of the City for at least 30 days immediately preceding such last day for filing petitions or at such time of appointment and continue to be a qualified and registered elector throughout his tenure of office.
No person shall be elected or appointed to any office of the City who is a defaulter to the City or any board of officers thereof. All votes for, or any appointment of, any such defaulter shall be void.
No person shall be eligible to any elective office of the City unless he shall have been a taxpayer, or exempt from taxes by operation of the law, to the City of Lapeer for a period of a least six months immediately prior to the last day for filing original petitions for such office or prior to the time of his appointment to fill a vacancy.
No person who holds or has held the office of mayor or commissioner shall be eligible to hold any appointive office of the City for which there is compensation paid by the City until two years have elapsed following the expiration of the term of office for which he was elected.
Each candidate for elective office shall file with his petition his affidavit that he possesses the qualifications for such office provided in this section. Failure to file such affidavit shall invalidate this petition.
Each member of a City Board or Commission other than a public corporation of the City shall have been a resident of the City for at least one year prior to the date of his appointment and shall be a qualified and registered elector of the City on such day and throughout his tenure of office. [Amended by the electors 4-2-1984]
No person shall be eligible for appointment to any public corporation of the City unless either (1) he shall have been a resident of the City for at least one year prior to the date of his appointment and shall be a qualified and registered elector of the City on such date and throughout his tenure of office, or (2) he shall have been a taxpayer to the City of Lapeer for a period of at least one year prior to such appointment and shall be a taxpayer to the City of Lapeer and a qualified and registered elector in the County of Lapeer on such day and throughout his tenure of office. [Amended by the electors 4-2-1984]
No incumbent elective city officer shall become a candidate for any elective city office, except to succeed himself, without first resigning from his then incumbent elective city office. Provided, that the provisions hereof shall not apply to any incumbent elective city officer whose term of office will expire with the election at which he is to be a candidate for another elective city office. No appointive city officer or employee, shall seek any elective office of the city, unless he resigns from his position with the city nor shall any elected official serve the city in any other position for compensation.
Any elective city office or the office of any member of any board or commission created by, or pursuant to, this charter, shall be declared vacant by the Commission before the expiration of the term of such office.
(a) 
For any reason specified by statute or by this charter as creating a vacancy in office;
(b) 
If the officer shall be found guilty by a competent court of any act constituting misconduct in office under the provisions of this charter;
(c) 
If such officer shall miss four consecutive regular meetings of such board, or commission, or City Commission or 25% of such meetings in any fiscal year of the city, unless such absence shall be excused by such board, commission, or City Commission as the case may be, and the reason therefor entered in the proceedings of the appropriate body at the time of each absence;
(d) 
If the officer is removed from office by the Commission in accordance with the provisions of § C-5.3;
(e) 
If no person is elected to, or qualified for, the office at the election at which such office is to be filled.
Removals by the Commission of elective officers, or officers appointed by the Commission, or of members of boards or commissions shall be made for either of the following reasons:
(a) 
For any reason specified by statute for removal of city officers by the Governor,
(b) 
For any act declared by this charter to constitute misconduct in office.
Such removals by the Commission shall be made only after a hearing of which such officer has been given notice by the Clerk at least 10 days in advance, either personally or by delivering the same at his last known place of residence. Such notice shall include a copy of the charges against such officer. The hearing shall afford an opportunity to the officer, in person or by attorney, to be heard in his defense, to cross-examine witnesses and to present testimony. If such officer shall neglect to appear at such hearing and answer such charges, his failure to do so may be deemed cause for his removal. A majority vote of the members of the Commission in office at the time, exclusive of any member whose removal is being considered shall be required for such removal.
Resignations of elective officers shall be made in writing and filed with the Clerk and shall be acted upon by the Commission at its next regular meeting following receipt thereof by the Clerk. Resignations of officers appointed by the Commission shall be made in writing to the Commission. All resignations shall be immediately acted upon.
Any vacancy which occurs in the Commission or office of Mayor shall be filled within 30 days by a majority vote of the remaining members of the Commission, said appointee to hold office until the Monday following the election at which such vacancy shall be filled for any balance of the unexpired original term.
If any vacancy in the office of Commissioner or Mayor which the Commission is authorized to fill is not so filled within 30 days after such vacancy occurs, or if three or more vacancies exist simultaneously in the office of Commissioner, such vacancies shall be filled for the respective unexpired terms at a special election, which shall be forthwith called by the City Clerk unless such vacancy or vacancies shall occur and be unfilled less than 90 days prior to a regular election. In connection with any special election to fill a vacancy or vacancies in any elective office no primary election shall be held; candidates shall be nominated by petitions and the names of all qualified candidates who file sufficient valid nomination petitions 30 days before such special election shall be certified to the Election Commission and placed on the ballot; and all other provisions of this charter, not inconsistent with this section shall govern.
The provisions of this section shall not apply to the filling of vacancies resulting from recall.
Vacancies in appointive offices, boards, and commissions shall be filled in the manner provided for making the original appointment for the unexpired term of such position.
[1]
Editor's Note: Former Section 5.7, Filling vacancies in the office of Justice of the Peace, was repealed by the electors 4-7-1969. Section 26, Article VI of the Constitution and the State of Michigan of 1963 abolished this office on 1-1-1969.
Except by procedures provided in this charter, the terms of office of the elective officers and of members of boards and commissions appointed for a definite term shall not be shortened. The terms of elective officers shall not be extended beyond the period for which any such officer was elected except that an elective officer shall, after his term has expired, continue to hold office until his successor is elected or appointed and has qualified.
The Commission shall not grant or authorize extra compensation to any officer or employee after his service has been rendered. The salary of any elective officer shall not be increased or decreased from the day he is elected until the end of the term of office for which he was elected.
Every officer, elective or appointive, before entering upon the duties of his office, shall take the oath of office prescribed for public officers by the Constitution and shall file the oath with the Clerk, together with any bond required by statute, this charter or by the Commission. In case of failure to comply with the provisions of this section within 10 days from the date he is notified in writing of his election or appointment, such officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the Commission shall by resolution extend the time in which such officer may qualify.
Except as otherwise provided in this charter, all officers of the city whose duties involve the custody of public property or the handling of public funds, either by way of receipt or disbursement or both, and all other officers and employees so required by the Commission shall, before they enter upon the duties of their respective offices, file with the city an official bond, in such form and amount as the Commission shall direct and approve. Such official bond of every officer and employee shall be conditioned that he will faithfully perform the duties of his office, and will on demand deliver over to his successor in office, or other proper officer or agent of the city, all books, papers, monies, effects and property belonging thereto, or appertaining to his office, which may be in his custody as an officer or employee; and such bonds may further be conditioned as the Commission shall prescribe. The official bond of every officer whose duty it may be to receive or pay out money, besides being conditioned as above required, shall be further conditioned that he will, on demand, pay over or account for to the city, or any proper officer or agent thereof, all monies received by him as such officer or employee. The requirements of this paragraph may be met by the purchase of one or more appropriate blanket surety bonds covering all, or a group of, city employees and officers.
All official bonds shall be corporate surety bonds and the premiums thereon shall be paid by the city. The Clerk shall be the custodian of all the bonds of all officers or employees, except that the Treasurer shall be custodian of any bonds pertaining solely to the Clerk unless provided otherwise by ordinance.
Whenever any officer or employee shall cease to hold such office or employment for any reason whatsoever, he shall within five days, or sooner on demand, deliver to his successor in office or to his superior all the books, papers, monies, and effects in his custody as such officer or employee. Any officer violating this provision may be proceeded against in the same manner as public officers generally for a like offense under statute. Any employee found guilty of violating this provision by a competent court may be punished by a fine of not to exceed $500 or imprisonment for not to exceed 90 days, or both, in the discretion of the court.
No person holding any elective or appointive office under the city government shall take any official action on any contract with the city or other matter in which he or any relative by blood or marriage, within the second degree of consanguinity or affinity, is financially interested, or be a bondsman or surety on any contract or bond given to the city. A "contract" shall for the purposes of this section include any arrangement or agreement pursuant to which any material, service or other thing of value is to be furnished to the city for a valuable consideration to be paid by the city or sold or transferred by the city, except the furnishing of personal services as an officer or employee of the city. Financial interest shall not include the ownership, either individually or in a fiduciary capacity, by any such person or such relatives of said person or any beneficial interest in securities of any corporation with which a contract is made, unless the aggregate amount of such securities or beneficial interest in such securities, so owned by such person and such relatives of said person, shall amount to 10% or more of any class of the securities of such corporation then issued and outstanding.
Any officer who knowingly permits the city to enter into any contract in which he has a financial interest without disclosing such interest to the Commission prior to the action of the Commission in authorizing such contract, shall be guilty of misconduct in office. Any officer of the Commission or other officer found guilty of violating this provision by a court of competent jurisdiction may be punished by a fine of not to exceed $500 or imprisonment for not to exceed 90 days or both in the discretion of the court.
Except and unless relatives by blood or marriage of the Mayor, any Commissioner, or of the City Manager, within the second degree of consanguinity or affinity, are bona fide appointive officers or employees of the city at the time of the election of such officers or appointment of such City Manager, such relative shall be disqualified from holding any appointive office or from being employed by the city, during the term for which such Mayor or Commissioner was elected, or during the tenure of office of such City Manager. If the status of relationship between any employee of the city and any officer of the city changes to a relationship prohibited hereby after one year following the employment of such person or election or appointment of such officer, the provisions of this section shall not apply.
(a) 
The compensation of all employees and officers of the city whose compensation is not provided for herein shall be fixed by the appointing officer or body within the limits of budget appropriations without regard to specific allocations therein and in accordance with any duly adopted pay plan.
(b) 
The respective salaries and compensation of officers and employees as fixed by, or pursuant to, this charter shall be in full for all official services of such officers or employees and shall be in lieu of all fees, commissions and other compensation receivable by such officers or employees for their services.
Such fees, commissions, and compensation shall belong to the city and shall be collected and accounted for by such officers or employees, and be paid into the city treasury and a statement thereof filed periodically with the City Manager. The provisions of Paragraph (b) of this section shall not apply to fees, commissions or other compensation paid by the County of Lapeer to any officer or employee serving as a city representative on the Board of Supervisors.
(c) 
Nothing contained in this section shall prohibit the payment of necessary bona fide expenses incurred in service on behalf of the city.
The Commission shall have the power to make available to the elective or appointive officers and employees of the city and its departments and boards any recognized standard plan of group life, hospital, health, or accident insurance either independently of, or as a supplement to, any retirement plan provided for such officers and employees.
The Commission may make available to the regular administrative officers and employees of the city and its department heads or boards, a pension and retirement plan.
The Commission may provide for a merit system for city employees.