CHAPTER 4. ORGANIZATION OF GOVERNMENT; COUNCIL

Section 4.1. Powers and authority of council

There shall be a Council consisting of the Mayor and two (2) Councilmembers from each ward of the City. The Council shall constitute the legislative and governing body of the City and shall have power and authority, except as otherwise provided in this charter or by law, 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 ``Council'' is used in this charter, the same shall be synonymous with the word ``Commission'' or any other term used in any state or federal law in referring to legislative or governing bodies.

State law reference(s)--Mandatory that Charter provide for election of certain officers, MCL 117.3(a), MSA 5.2073(a).

Section 4.2. Qualifications of councilmembers

Members of the Council shall meet the eligibility requirements contained in Section 5.1, and the Council shall be sole judge of the qualifications of its own members.

State law reference(s)--Mandatory that Charter provide for qualifications of officers, MCL 117.3(d), MSA 5.2073(d).

Section 4.3. Compensation of councilmembers

Members of the Council, including the Mayor, shall receive such compensation as recommended by the Compensation Commission and approved by the Council.

The Compensation Commission shall meet every two (2) years and shall review Council and Mayoral compensation. The Compensation Commission shall consider such compensation as an honorarium and in no case shall such compensation be considered equal to a full-time paid position.

Editor's note--The compensation of elected officers is now determined by the local officers' compensation commission pursuant to Code of Ordinances, § 2-131 et seq.

State law reference(s)--Mandatory that Charter provide for compensation of officers, MCL 117.3(d), MSA 5.2073(d).

Section 4.4. Election of mayor pro tem

The Council shall at its first meeting of the New Year following each regular City Election, elect one (1) of its members to serve as Mayor Pro Tem, for a term expiring at the first Council meeting of the New Year following the next regular City Election. In the event of absence or disability of both the Mayor and Mayor Pro Tem, the Council may designate another of its members to serve as Acting Mayor during such absence or disability.

Section 4.5. Duties of mayor

(a) Insofar as required by state law, and for all ceremonial purposes, the Mayor shall be the executive head of the city.

(b) The Mayor shall be the presiding officer of the Council, shall have a voice equal with that of other members of the Council and shall vote in all proceedings of the Council.

(c) The Mayor shall be a conservator of the peace, and in emergencies declared by the Council may exercise within the City the powers conferred upon sheriffs to suppress riot and disorder, and shall have authority to command the assistance of citizens to aid in the enforcement of the ordinances of the City and to suppress riot and disorder and to respond to natural or manmade disasters, as prescribed by state law.

(d) The Mayor shall execute or authenticate by signature such instruments as the Council, this charter or any law of the State of Michigan or law of the United States shall require.

(e) Except as may be required by state law, the Mayor shall exercise only such powers as this charter or the Council shall specifically confer upon the Mayor.

(f) In the absence or disability of the Mayor, the Mayor Pro Tem shall perform the duties of Mayor. In the absence or disability of both, the designated Acting Mayor shall perform such duties.

Section 4.6. Administrative service

The Administrative offices of the City shall be the City Manager, Clerk, Treasurer, Assessor, and such additional administrative offices as may be created by ordinance. The Council may by ordinance create additional administrative offices and may by ordinance combine any administrative offices in any manner it deems necessary or advisable for the proper and efficient operation of the City, but the Council may not diminish the duties or responsibilities of the office of City Manager. The City Manager shall be appointed by the Council for an indefinite period, shall be responsible to and serve at the pleasure of the Council, and shall have compensation fixed by the Council.

All administrative officers of the City, except the City Manager shall be appointed by the City Manager for an indefinite period subject to confirmation by the Council. Such officers shall be responsible to the City Manager and shall have their compensation fixed by the City Manager in accordance with budget appropriations and subject to approval by the Council. Such officers may be discharged by the City Manager.

Except as may be otherwise required by state law or this charter, the Council shall 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 those departments responsible to the City Manager 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 or deputies by, or under the authority of, this charter shall be deemed to be employees of the City.

State law reference(s)--Mandatory that Charter provide for election or appointment of certain officers, MCL 117.3(a), MSA 5.2073(a).

Section 4.7. City Manager; appointment and qualifications

The Council shall appoint a City Manager within one hundred twenty (120) days after any vacancy exists in such position. The City Manager shall hold office at the pleasure of a majority of the Council. The City Manager shall be selected solely on the basis of executive and administrative qualifications with special reference to training and experience. At the time of appointment, the City Manager need not be a resident of the City or State, but during tenure of office shall reside within the City.

The City Manager shall be the chief administrative officer of the City Government, whose functions and duties shall be:

            (a)        To be responsible to the Council for the efficient administration of all departments of the City Government;

            (b)        To see that all laws and ordinances are faithfully enforced;

            (c)        To direct, supervise, and administer all departments, offices, and agencies of the City. To establish personnel policies and procedures acceptable to the Council;

            (d)        To give to the proper department or officials ample notice of the expiration or termination of any franchises, 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 prepare and submit an annual budget to the Council for approval and to administer the budget as finally adopted under policies formulated by the Council, and to keep the Council fully advised at all times as to the financial condition and needs of the City;

            (g)        To recommend to the Council for adoption such measures as may be deemed necessary or expedient; and to attend council 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 Council and to generally accepted principles and procedure of governmental accounting;

            (j)         To perform such other duties as may be prescribed by this charter or as may be required by ordinance or by direction of the Council.

State law reference(s)--Mandatory that Charter provide for the qualifications and duties of its officers, MCL 117.3(d), MSA 5.2073(d).

Section 4.8. Acting City Manager

The Council may appoint or designate an Acting City Manager during the period of vacancy or disability in the office. Such Acting Manager shall, while in such office, have all the responsibilities, duties, functions, and authority of the City Manager.

Section 4.9. Relationship of council to administrative service

Neither the Council nor any of its members or committees shall dictate the employment of any person by the City Manager, except as herein provided, or in any way interfere with the City Manager or other City officers to prevent them from exercising their judgment in the employment of employees in the administrative service. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give an order to any of the subordinates of the City Manager except as herein provided.

Section 4.10. Clerk; functions and duties

(a) The Clerk shall be the Clerk of the Council and shall attend all meetings of the Council 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. The Clerk shall also be custodian of all papers, documents, bonds pertaining to other officers and employees of the City other than the Clerk, and records pertaining to the City, the custody of which is not otherwise provided.

(c) The Clerk shall certify by signature all ordinances and resolutions enacted or passed by the Council.

(d) The Clerk shall provide and maintain in the Clerk's 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 also serve as chairperson of the Election Commission as provided in Section 3.14.

(f) The Clerk shall have power to administer oaths of office.

(g) The Clerk shall perform such other duties as may be prescribed by this charter, by the Council, or by the City Manager.

State law reference(s)--Mandatory that Charter provide for keeping in the English language a written or printed journal of every session of the legislative body, MCL 117.3(m), MSA 5.2073(m).

Section 4.11. Treasurer; functions and duties

(a) The Treasurer shall have the custody of all moneys of the City, and 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 moneys of the City unless otherwise specified by charter or ordinance. The Treasurer shall receive from other officers and employees of the City all moneys 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 and costs. All money shall be turned over to the Treasurer after collection or receipt, and the Treasurer shall in all cases give a receipt therefore.

(c) The Treasurer shall keep and deposit all moneys or funds in such manner and only in such places as the Council 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 state law, this charter, and procedures to be established by the Council.

(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 state law 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 by this charter, by the Council, or by the City Manager.

Section 4.12. Assessor; functions and duties

The Assessor shall possess all the powers vested in, and shall be charged with all the duties imposed upon assessing officers by state law. The Assessor shall prepare all regular and special assessment rolls in the manner prescribed by this charter, by ordinance, and by state law. The Assessor shall perform such duties as may be prescribed in this charter, by the Council, or by the City Manager.

Section 4.13. Legal counsel and representation

The City Council may, as it deems necessary, appoint or retain one (1) or more attorneys or law firms to provide legal representation and counsel to the City. The Council may designate any attorney or law firm to have responsibilities for particular legal matters and shall designate an attorney or law firm to prosecute ordinance violations. Such Legal Counsel shall advise any officer or department head of the City as to the officer's or department head's official duties or as to matters concerning the City as a whole, but such Legal Counsel shall serve at the will of and be responsible solely to the Council.

Section 4.14. Deputy administrative officers

(a) 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 possess all the powers and authorities of their superior officers except as the same may be from time to time limited by their superior or by the Council.

(b) It is expressly understood that any person designated to be Deputy Assessor shall possess all the qualifications requisite for the position as provided by state law.

(c) The City Manager is required to designate a City officer or employee to serve as Deputy City Manager during the temporary absence of the Manager. This designation shall be done by written notice to the heads of the various City departments. The Deputy City Manager will serve in that office at the will of the City Manager.

Section 4.15. Boards and Commissions

The Council shall maintain a City Planning Commission in accordance with and having the powers and duties granted by the provisions of state law relating to such commissions.

The Council shall maintain a Zoning Ordinance in accordance with the provisions of state law relating to such ordinances. Insofar as may be, such ordinance shall provide that zoning be coordinated with the work of the City Planning Commission.

The Council shall create by ordinance additional boards or commissions as deemed necessary or as required by law.

The members of all Boards and Commissions shall be limited to serving two (2) consecutive terms, and if they serve more than one-half of any term, it shall be considered a full term.

Anyone having served the maximum permitted time as a Board or Commission Member may again become eligible after two (2) years following the expiration of the last term.