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CHAPTER 5. OFFICERS AND PERSONNEL OF THE CITY; ELIGIBILITY FOR OFFICE AND EMPLOYMENT IN CITY

Section 5.1. Residency required to hold elective office

No person shall hold any elective office of the City unless they have been a resident of the City for at least one (1) year immediately prior to the last day for filing original petitions for such office or prior to the time of their appointment to fill a vacancy. No person shall hold any elective office unless they are a qualified and registered elector of the City on such last day for filing or at such time of appointment and throughout their tenure of office.

The members of the Council elected under provisions of this charter shall serve as provided under Section 3.5.

Each member of any City Board or Commission created by, or pursuant to this charter, shall have been a resident of the City for at least one (1) year immediately prior to the day of their appointment and shall be a qualified and registered elector of the City on such day and throughout the tenure of office.

All administrative officers of the City shall be United States citizens.

The Council may by ordinance require residence in the City of South Haven as a condition of employment of full-time appointive officers.

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

Section 5.2. Vacancies in elective office and removal from office

Any elective City office shall be declared vacant by the Council upon the occurrence of any of the following events before the expiration of the term of such office:

(a) For any reason specified by state law or by this charter as creating a vacancy in office;

(b) If no person is elected to, or qualified for, the office at the election at which such office is to be filled;

(c) If the officer shall be found guilty by a competent court of the State of Michigan of any act constituting misconduct in office under the provisions of this charter;

(d) If the officer shall be absent continuously from the City for more than sixty (60) consecutive days in any one (1) year without the permission of the Council;

(e) In case of any members of the Council, if such officer shall miss four (4) consecutive regular meetings of the Council or twenty-five (25) per cent of such meeting in any fiscal year of the city, unless such absences shall be excused by the Council and the reason therefore entered in the proceedings of the Council at the time of each absence;

(f) If the officer is removed from office by the Council in accordance with the provisions of Section 5.4;

(g) Ceasing to be a resident of the City if a City officer, or of the ward from which elected if a Councilperson.

State law reference(s)--Filling vacancy in elective or appointive office, MCL 201.37, MSA 6.717.

Section 5.3. Vacancies in boards and commissions

The office of any member of any board or commission created by, or pursuant to this charter, shall be declared vacant by the Council:

(a) For any reason specified by state law or by this charter as creating a vacancy in office.

(b) If the officer shall be found guilty by a competent tribunal of any act constituting misconduct in office under the provisions of this charter.

(c) If such officer shall miss four (4) consecutive regular meetings of such boards or commissions, or twenty-five (25) percent of such meetings in any fiscal year of the City, unless such absences shall be excused by such board or commission and the reason therefore entered in the proceeding of such board or commission at the time of each absence.

(d) If the officer is removed from office by the Council in accordance with the provisions of Section 5.4.

(e) Ceasing to be a resident of the city.

Section 5.4. Removals from office

In addition to the provisions of state law involving the removal of elective officers or of members of boards or commissions, the Council shall remove such officer for any act declared by this charter to constitute misconduct in office. Removals by the Council shall be made only after the officer has been given notice of the charges, notice of the date of a hearing and afforded an opportunity, in person or by representative, to present a response or defense. Failure of the officer to appear at the hearing and present a response or defense shall constitute grounds for removal. A majority vote of the elected members of the Council, exclusive of any member whose removal is being considered, is required for any such removal.

Section 5.5. Resignations

Resignations of elective officers and of members of boards and commissions shall be made in writing and filed with the Clerk and shall be acted upon by the Council at its next regular meeting following receipt thereof by the Clerk. Resignation of appointive officers shall be made in writing to the appointing officer or body and shall be acted upon immediately.

Section 5.6. Filling vacancies in appointive offices

Vacancies in appointive offices shall be filled in the manner provided for making the original appointment. In the case of members of boards and commissions appointed for a definite term, such appointments shall be for the unexpired term.

Members of all boards and commissions shall be limited to two consecutive terms, and if they serve more than one-half of any term, it shall be considered a full term.

State law reference(s)--Filling vacancy in elective or appointive office, MCL 201.37, MSA 6.717.

Section 5.7. Filling vacancies in elective offices

(a) Any vacancy which occurs in the office of Councilperson or Mayor more than sixty (60) days before the next regular city election shall be filled by appointment within forty-five (45) days by a majority vote of the members of the Council. Said appointee shall hold office until twelve o'clock noon on January 1st following such election, at which election such vacancy shall be filled as provided in Section 3.5 for the balance of the unexpired original term.

(b) If any vacancy in the offices which the Council is authorized to fill is not so filled within sixty (60) days after such vacancy occurs, or if four or more vacancies exist simultaneously in the office of Councilperson, such vacancies shall be filled for the respective unexpired terms at a special 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 in a manner identical to that provided in Sections 3.10 and 3.13 inclusive; the names of all qualified candidates who file sufficient valid nominating petitions thirty (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 5.7, shall govern.

State law reference(s)--Filling vacancy in elective or appointive office, MCL 201.37, MSA 6.717.

Section 5.8. Change in term of office or compensation

Except by procedures provided in this charter, the terms of office of the elective officers and of members of boards and commissions appointed to definite terms shall not be shortened. The terms of elective officers of the City shall not be extended beyond the period for which any such officer was elected except that an elective officer shall, after the term has expired, continue to hold office until a successor is elected and has been qualified. The Council shall not grant or authorize extra compensation to any officer or employee after the service has been rendered.

State law reference(s)--Mandatory that Charter provide that terms of elected officials not be extended or shortened, MCL 117.5(d), MSA 5.2084(d).

Section 5.9. Oath of office and bond

Every Councilmember and Mayor, elected or appointed, before entering upon the duties of their office, shall take the oath of office prescribed by the Constitution of the State and shall file the same with the Clerk, together with any bond required by state law, this charter, or by the Council. In case of failure to comply with the provisions of this section within ten (10) days from the date fixed for taking office, such officer shall be deemed to have declined the office, and such office shall thereupon become vacant unless the Council shall, by resolution, extend the time in which such officer may qualify as above set forth.

State law reference(s)--Oath of public officers, Mich. Const. 1963, Art. XI, § 1.

Section 5.10. Surety bonds

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 Council 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 Council shall direct and approve. Such official bond of every officer and employee shall be conditioned that they will faithfully perform the duties of their office, and will on demand deliver over to their successor in office, or other proper officer or an agent of the City, all books, papers, moneys, effects and property belonging thereto, or appertaining to their office, which may be in their custody as an officer or employee, and such bonds may be further conditioned as the Council 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 they will, on demand, pay over or account for to the city, or any proper officer or agent thereof, all moneys received by them as such officer or employee. The requirements of this paragraph may be met by the purchase of one (1) 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 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.

Section 5.11. Delivery of office

Whenever any officer or employee shall cease to hold such office or employment for any reason whatsoever, they shall within five (5) days, or sooner on demand, deliver to their successor in office or to their superior all the books, papers, moneys and effects in their 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 state law.

Section 5.12. Pecuniary interest prohibited

(a) Unless otherwise permitted in the charter or by state law, the City shall not contract for the purchase or sale of goods with an individual or entity in which an elective official, the City Manager or their spouses have a pecuniary interest, either directly or indirectly.

(b) This section shall not apply to a contract if the members of the Council in office at the time, who have no such interest, unanimously determine that the best interest of the City will be served by entering into the contract.

(c) Any elective official or the City Manager who knowingly permits the city to enter into any contract in which that elective official, City Manager or their spouses, has a pecuniary interest without disclosing such interest to the Council prior to the action of the Council in authorizing such contract, shall be guilty of misconduct in office. Except in the instances specified in subparagraph (b) of this Section, the unanimous determination (by vote or written instrument) of all members of the Council that in a particular case an elective official or the City Manager will not have a pecuniary interest in any contract or purchase to be entered into by the City shall be final and conclusive in the absence of fraud or misrepresentation.

(d) No elective official shall stand as surety on any bond to the City or give any bail for any other person which may be required by the charter or any ordinance of the city. Any elective official of the City who violates the provisions of this subparagraph shall be guilty of misconduct in office.

State law reference(s)--Conflicts of interest as to contracts, MCL 15.321 et seq., MSA 4.1700(51) et seq.; standards of conduct and ethics, MCL 15.341 et seq., MSA 4.1700(71) et seq.

Section 5.13. Compensation of employees and officers

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 appropriation and in accordance with any pay plan adopted by the Council or provided by state law.

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 5.14. Employee welfare benefits

The Council shall have the power to make available to the administrative officers and employees of the City, a retirement or pension system, and such other benefits that may be agreed upon through collective bargaining or other such agreements.

Section 5.15. Antinepotism

Except and unless the members of the Council in office at the time shall unanimously determine that the best interests of the City will be served by the employment of individuals hereinafter mentioned, the following relatives and his/her spouses (a) of any elective official or of his/her spouse, or (b) of the City Manager or of his/her spouse, are disqualified from holding any appointive City office or City employment during the term for which said elective official was elected or during the tenure of office of the City Manager, respectively: spouse, child, parent, brother, sister, and their spouses. All relationships shall include those arising from adoption. This section shall in no way disqualify such relatives or their spouses who are bona fide appointive officers or employees of the city at the time of the election of said elective official.

Section 5.16. Merit system; civil service

The Council may provide for a merit or civil service system for the City employees.