Charter and Code of Ordinances of the City of Sterling Heights, Michigan CHARTER Charter Adopted by Election held on May 25, 1968, as amended.

Transcription

1 Page 1 of 73 Print Charter and Code of Ordinances of the City of Sterling Heights, Michigan CHARTER 1968 Charter Adopted by Election held on May 25, 1968, as amended. CHAPTER 1. INCORPORATION AND BOUNDARIES Name and boundaries.* The municipal corporation created by the vote of the electors on the 25th day of May, 1968, to be known as the "City of Sterling Heights" shall be the body corporate and politic and shall have perpetual succession in accordance with the provisions of this Charter and the Constitution and the laws of the state which are applicable thereto. It embraces the following described territory in the County of Macomb, State of Michigan, together with such territory as may from time to time be attached thereto and less such territory as may from time to time be detached therefrom in accordance with law: (All that territory known as the Township of Sterling located in Township 2 North, Range 12 East, Macomb County, Michigan, except the following described parcels: All that territory situated in Township 2 North, Range 12 East, Macomb County, Michigan, now incorporated within the corporation limits of the City of Utica, Mich.) *Editor s note: The Charter is printed herein as adopted at an election held on May 25, The Charter became effective at 8:00 p.m. on July 1, Any words appearing in brackets [ ] were added by the editor for clarity. Chapter 21 of the Charter contained provisions concerning the election to be held on its adoption and other provisions which have accomplished their purpose. Pursuant to 21.01, that chapter is no longer a part of the Charter, and it has, therefor, been omitted. CHAPTER 2. MUNICIPAL POWERS General powers. Unless otherwise provided or limited in this chapter, the city and its officers shall be vested with any and all power, privileges and immunities, expressed and implied, which cities and their

2 Page 2 of 73 officers are, or hereafter may be, permitted to exercise or to provide in their Charters under the Constitution and laws of the State of Michigan, including all powers, privileges and immunities which cites are, or may be, permitted to provide in their Charters by Act Number 279 of the Public Acts of 1909, as amended, as fully and completely as though those powers, privileges and immunities were specifically enumerated in and provided for in this chapter, and in no case shall any enumeration of particular powers, privileges or immunities in this chapter be held to be exclusive Additional powers. (A) The city may sue and be sued in its corporate name; may plead or be impleaded in all courts of law or in equity and in all actions whatsoever; may contract and be contracted with; may acquire by condemnation, purchase, lease, construction, gift, or otherwise, any property, real, personal and mixed, and hold, lease, use and dispose of the same, whether the same may lie within or without its boundaries. In any emergency when the necessities of life may not be obtained or essential services performed necessary to the health or welfare of the people, the city may take charge of, and supply such necessities or services, but shall not do such acts for gain or profit. (B) In addition to the powers provided above, the city shall have power and may: (1) Provide for the use, regulation, improvement and control of the surface of its streets, alleys and public ways, and of the space above and beneath them. (2) Provide for the use, by other than the owner, of property located in streets, alleys and public places, in the operation of a public utility, upon payment of a reasonable compensation to the owners thereof. (3) Provide for a plan of streets and alleys within and for a distance of not more than three miles beyond its limits. (4) Acquire by purchase, gift, condemnation, lease, construction or otherwise, either singly or in conjunction with other governmental bodies, either within or without its corporate limits and either within or without the corporate limits of the County of Macomb, the following improvements, including the necessary lands therefor, viz: city hall, police stations, fire stations, boulevards, streets, alleys, public parks, recreation grounds, municipal camps, public grounds, zoological gardens, museums, libraries, airports, cemeteries, public wharves and landings upon navigable waters, levees and embankments, watch houses, city prisons, and work houses, penal farms, institutions, hospitals, quarantine grounds, electric light and power plants and systems, gas plants and systems, waterworks plants and systems, sewage disposal plants and systems, garbage disposal plants, rubbish disposal plants, market houses and market places, office buildings for city officers and employees, public works and public buildings of all kinds; and for the costs and expenses thereof. (5) Acquire by purchase, gift, condemnation, lease or otherwise, private property, either within or without the corporate limits of the County of Macomb, for any public use or purpose within the scope of its powers, whether herein specifically mentioned or not. If condemnation proceedings are resorted to for the acquisition of private property, such proceedings may be brought under the provisions of Act 149 of the Public Acts of 1911, as heretofore or hereafter amended, or under such other provisions as shall be made by law.

3 Page 3 of 73 (6) Maintain, develop and operate its property and upon discontinuance thereof to lease, sell or dispose of the same subject to restrictions placed thereupon by law; provided, that on the sale of any capital asset of a municipally owned utility the money received shall be used in procuring a similar capital asset, or placed in the sinking fund to retire bonds issued for said utility. (7) Acquire by construction, condemnation, or purchase and own, equip, possess, lease, operate and maintain transportation facilities including a rapid transit system consisting of a tunnel, subway, surface or elevated system or any combination or qualification of these, in and through said city, and for a distance of not more than ten miles beyond its limits, for the purpose of furnishing transportation facilities to the city and to the people hereof; the city may provide by ordinance or resolution for the preparation and publication of plans for such construction, equipment and maintenance; for the operation of such facilities independently or in connection with other transportation facilities, or transportation system, owned, operated or controlled by the city or existing therein, or in the territory in which any such rapid transit system is established; for the appropriate designation of such facility; for the taking of the fee of or easement of rightof-way on, under, above and through any property for the purposes thereof; by gift, grant or purchase, and by condemnation proceedings in accordance with any law of the State of Michigan providing therefor; and for the management of such facilities, for the purposes for which the same is or may be acquired or constructed and for the execution of contracts incidental to the carrying out of the purposes hereby contemplated, subject to the general laws of the state. (8) Negotiate, execute and perform contracts with any other municipality or municipalities, duly authorized and empowered to that end, with reference to the construction, equipment, operation, maintenance and management of a rapid transit system and facilities, and finance any obligations assumed under or imposed by any such contract. (9) Provide for the use, control and regulation of streams, waters and watercourses within its boundaries, subject to any limitation imposed by law. (10) Secure by condemnation, by agreement or purchase, or by any other means, an easement on property abutting or adjacent to any navigable stream for the purpose of securing the privilege and right to construct, own and maintain along or adjacent to any navigable stream an elevated structure of one or more levels for the use as vehicular or pedestrian passageway or for any other municipal purposes. (11) Acquire, establish, operate, extend and maintain facilities for the storage and parking of vehicles within its corporate limits, including the fixing and collecting of charges for services and use thereof on a public utility basis, and for such purposes to acquire by gift, purchase, condemnation or otherwise the land necessary therefor. (12) Acquire, construct, establish, operate, extend and maintain facilities for the docking of pleasure water craft within its corporate limits, including the fixing and collection of charges for use thereof, and for such purpose to acquire by gift, purchase, condemnation or otherwise the land necessary therefor. (13) Regulate and restrict the locations of oil and gasoline stations. (14) Establish districts or zones within which the use of land and structures, the height, the area, the size and location of buildings and required open spaces for light and ventilation of such buildings and the density of population therein may be regulated. Such regulations in one or more districts may differ from those in other districts.

4 Page 4 of 73 (15) Regulate trades, occupations and amusements within its boundaries, not inconsistent with state and federal laws, and prohibit such trades, occupations and amusements as are detrimental to the health, morals or welfare of its inhabitants. (16) License, regulate, restrict and limit the number and location of billboards within the city. (17) Enact and enforce all such local, police, sanitary and other regulations for the public peace and health and for the safety of persons and property as are not in conflict with the general laws. (18) Establish any department that the council shall deem necessary for the general welfare of the city and provide for the separate incorporation thereof, subject to general law and the provisions of this Charter. (19) The city and its officers shall have power to exercise all municipal powers in the management and control of municipal property and in the administration of municipal government, whether such powers be expressly enumerated or not; to do any legal act to advance the interest of the city, the good government and prosperity of the municipality and its inhabitants, and through its regularly constituted authority, to pass and enforce all laws, ordinances, and resolutions relating to its municipal concerns, subject to the constitution and general laws of the state and provisions of this Charter Construction. The powers of the city under this chapter shall be construed liberally in favor of the city, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power stated in this chapter Intergovernmental cooperation. The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or civil divisions or agencies thereof, of the United States or any agency thereof Appropriation of private property for public use. Subject to any limitations in the Constitution or general laws of the state or contained in this Charter, the city shall have power to appropriate private property either within or without the city limits for the use or benefit of the public and shall have the power and authority to institute and prosecute proceedings for that purpose. All proceedings to condemn private property either before commissions or in court shall be taken in accordance with the provisions of any state law providing for the condemnation of property for public use, applicable to the purpose for which the city seeks to condemn any particular property, in as close a manner as possible.

5 Page 5 of 73 CHAPTER 3. ELECTIONS Qualification of electors. The residents of Sterling Heights having the qualifications of voters in the State of Michigan shall be the electors of the city. All electors shall satisfy the requirements of registration as prescribed by general election statutes or as otherwise provided in this Charter Wards and precincts. The City of Sterling Heights shall consist of one ward. The election precincts heretofore established for the Township of Sterling within the boundaries of the City of Sterling Heights shall continue to be the election precincts for the City of Sterling Heights unless otherwise changed pursuant to the laws of the state Election procedure. The election of all city officers shall be on a non-partisan basis. The general election laws of the state shall apply to and control, as nearly as possible, all procedures relating to registration and city elections except as such general laws relate to political parties or partisan procedure and except as otherwise provided in this chapter Notice of elections. Notice of the time and place of holding any city election and of the officers to be nominated or elected and the questions to be voted upon shall be given by the clerk in the same manner and at the same time as provided in the state election statutes for the giving of notice by township or city clerks Primary elections. The primary election, for the nomination of candidates for elective offices, shall be held on the third Saturday in February preceding the regular municipal election. Primary elections shall be conducted as nearly as possible in the manner provided for holding elections under this Charter Regular city elections. A regular city election shall be held on the first Tuesday in September in each odd numbered year Informalities in conducting elections.

6 Page 6 of 73 No informalities in conducting any city primary or election shall invalidate the same, if they have been conducted fairly and in substantial conformity with the requirements of this Charter and the general law of the state Challengers, state law. Challengers may be appointed in such manner and with such rights and privileges as are provided in the general laws of the state General or special election; alternating names; state law. The names of candidates for the several offices shall be printed upon the ballots and the provisions of the general primary law for transposing and alternating the names of candidates shall apply to said ballot Special elections. Special city elections shall be held when called by resolution of the council at least forty-five (45) days in advance of such election or when required by this Charter or the general laws of the state. Any resolution calling a special election shall set forth the purpose of such election. No more than two special city elections shall be held in any one calendar year Voting hours. The polls of all elections shall be opened and closed at the time prescribed by law for the opening and closing of polls at state elections Nominations. Candidates for any elective office to be voted for at any municipal election under the provisions of this Charter shall be nominated at a primary election, and no other names shall be placed on the election ballot for the election of such officers, except those nominated in the manner hereinafter prescribed; provided however, that whenever the number of candidates for nomination to any office does not exceed twice the number to be elected to that office, then in such case, no primary election for the nomination of candidates for such office shall be held, and such candidates shall be deemed to be nominated for such office, and the names of such candidates for any such office shall be placed on the election ballot to be voted for at the next regular municipal election, the same in all respects as though the said candidates had been nominated at a primary election. The names of all candidates for an elective office to fill a vacancy shall be placed on the election ballot for the special election under the provisions of this Charter except that no primary election shall be held. Footnote:

7 Page 7 of 73 This Charter amendment was approved at the General Election held November 8, Statement of candidacy. Any qualified voter of the city who has been a resident of the city for a period of not less than one year prior to the primary election in which he desires to become a candidate for nomination to any elective office shall file his statement of candidacy, including his nomination petitions with the clerk at least thirty days and not more than forty days prior to the date of holding the primary election. The clerk shall publish notice of the last day permitted for filing nomination petitions, at least one week before and not more than three weeks before, that date. Each candidate shall file petitions of candidacy with the clerk containing signatures of a minimum of 1% and no more than 4% of the total registered voters of the city. It shall be unlawful for any person to sign more petitions for any office than there are persons to be elected to such office. Upon receipt of any nomination petition, the city clerk shall affix his certificate thereto certifying as to the number of signers who are registered voters of the city according to the records in his office Form of petition. The form of nominating petition shall be substantially that required by state law for state and county officers, except for references to political parties. A supply of petition forms shall be provided and maintained by the clerk Approval of petition. The clerk shall accept for filing only nomination petitions as described in section 3.14 containing the required number of signatures for candidates having those qualifications required for elective city officials by this Charter. When petitions are filed by persons other than the person whose name appears thereon as a candidate, they may be accepted for filing only when accompanied by the written consent of the person in whose behalf the petition(s) were circulated. The clerk shall provide those persons submitting petitions with an affidavit indicating receipt of nominating petition(s). Upon filing the clerk shall forthwith notify any candidate whose petition does not meet the requirements as to validity and sufficiency according to this Charter and the laws of this state pertaining thereto. No later than seventy-two (72) hours after the final time for filing nominating petitions, the clerk shall notify all candidates, in writing, whose petitions are valid and sufficient. The names of the candidates who file valid and sufficient nominating petitions shall be certified by the clerk to the election commission to be placed upon the ballot for the next subsequent primary city election Ballots. Ballots for primary elections, regular and special elections, shall conform as nearly as possible with the provisions of the state election laws with respect to ballots, except that they shall

8 Page 8 of 73 contain no party mark, emblem vignette or designation whatsoever. It shall be the duty of the city election commission, hereinafter provided, to provide for the printing of such ballots Election commission. An election commission is hereby created consisting of the clerk who shall serve as chairman, and two (2) additional members appointed by the city council from the qualified voters of the city. Except for the clerk who is designated as chairman, other elective or appointive officials shall not be eligible for appointment to the election commission. The members shall serve without compensation for a period of two (2) years and shall take office sixty (60) days after the municipal regular election. Any two (2) members of such board shall be a quorum Duties of election commission. The election commission shall provide all necessary voting booths, equipment and supplies for the conduct of all elections. The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the city. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. When a city election is held on the same day as a state or county election, the same election officials shall act in both the city and state or county elections Appointment and compensation of election inspectors. The election commission shall, before each election, appoint for each election precinct of the city a board of such number of inspectors of election as the commission may determine. They shall receive such compensation as shall be fixed by the council Canvass of votes. Four (4) persons having the qualifications of electors shall be appointed by the council as provided by statute (M.S.A., Sec (1)-(7) incl.); and shall be the board of canvassers to canvass the votes of all city elections. The board of canvassers shall convene at its regular place of meeting at 8 o'clock p.m. within three (3) days following any primary, general or special election and shall publicly canvass the results of such election and shall determine the vote upon all questions and propositions and declare whether the same have been adopted or rejected and what persons have been nominated or elected to the several offices. When only one person is to be elected to any one office at any election, then the two (2) candidates receiving the highest number of votes for nomination to that office at the preceding primary election shall be deemed to have been nominated thereto and shall be the candidates and the only candidates whose names shall be placed on the ballot for that office at such election. When more than one person is to be elected to any office at any election, then the candidates equal in number to twice the number of persons to be elected to that office receiving the highest number of votes for nomination to said office at the preceding primary election, shall be deemed to have been nominated thereto and shall be the candidates and only candidates whose names shall be placed on the ballot for said office at such election. At any election the person receiving the highest number of votes for any

9 Page 9 of 73 office to which one person only is to be elected shall be deemed to have been duly elected to that office. If more than one person is to be elected to any office, then the persons equal in number to the number to be elected to that office receiving the highest number of votes, shall be deemed to have been duly elected to that office. The clerk shall notify within five (5) days, in writing, by certified mail, the successful nominees or candidates of their nomination or election Election by lot in case of tie vote. If, at any election, it shall appear that two (2) or more persons have an equal number of votes for the same office for which but one person is to be nominated or elected and such number shall be the highest number cast therefore, the election commission shall determine the successful candidate by lot as provided in the general election laws of the state Proposition submitted at primary election. Any question or proposition which may be submitted at any election may be submitted at a primary election Recount. A recount of the votes cast at any city election for any office, or upon any proposition may be had in accordance with the general election laws of the state. Unless otherwise provided by state law, a petition for the recount of votes cast at any city primary or election shall be filed with the clerk within six (6) days after the board of canvassers has canvassed the votes cast at such primary or election. Any counter petition shall be filed within twenty-four (24) hours thereafter. No officer shall be qualified to take office until the final determination of any recount of the votes cast for such office Same (recount); deposit required. Such petitioner shall deposit or cause to be deposited with the clerk the sum of ten dollars for each and every election precinct referred to in his petition, but no petitioner shall be required to deposit more than one hundred dollars. Said deposit shall not be returned unless the result of the original count is substantially changed Recall. Any elected official may be recalled from office by the voters of the city in the manner provided by statute. A vacancy created by such recall shall be filled in the manner prescribed by this Charter General election laws.

10 Page 10 of 73 The general election laws of the state, when applicable, shall apply to all primary, general and special elections in the city; provided however, that when there is a conflict between such general laws and this Charter as to any matter which may be lawfully regulated by charter, then the provisions of this Charter shall control. CHAPTER 4. GENERAL PROVISIONS AFFECTING ELECTIVE AND APPOINTIVE OFFICERS OF THE CITY Council-Manager government. The city shall have the council-manager form of government Officers to be elected at large. The elective officers shall be the mayor and six (6) councilpersons all of whom shall be elected from the city at large as provided in section 5.01 of this Charter. Footnote: This Charter amendment was approved at the General Election held in November, Qualifications of elective or appointive officers in city. (A) No person shall hold any elective office under this Charter, except as otherwise herein provided, unless he has been a resident of the city for at least one year immediately prior to the primary election in which he desires to become a candidate for nomination or prior to the time of his appointment to fill a vacancy; and unless such person is a registered and qualified voter at the time of the filing of his petition for said office. No person shall hold any elective office unless he is a qualified and registered voter of the city on such last day for filing or at such time of appointment and throughout his tenure of office except as hereinbefore provided. (B) No person shall be eligible for any elective or appointive office who is in default to the city. The holding of office by any person who is in such default shall create a vacancy unless such default shall be eliminated within thirty (30) days after written notice thereof by the clerk or unless such person shall in good faith be contesting the liability for such default. (C) Each candidate for elective office shall file with his petition his affidavit that he possessed the qualifications for such office provided in this section. Failure to file such affidavit shall invalidate his petition. (D) Each member of a city board or commission 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 voter of the city on such day and throughout his tenure of office.

11 Page 11 of 73 (E) No person who has been removed from office by recall or removed pursuant to sections 3.25 or 4.04 of this Charter, or who has resigned from office after a petition for recall has been filed with the clerk, shall be eligible to be elected or appointed to any office within two (2) years after such removal or resignation Vacancy in elective office. In addition to the other provisions of this Charter, a vacancy shall be deemed to exist in any elective office when such officer fails to qualify within ten (10) days after his election or appointment, fails to perform the duties of his office for a period of ninety (90) days, dies, resigns, is removed from office, moves from the city, is convicted by a court of competent jurisdiction of a felony, or misconduct in office, or is judicially declared to be mentally incompetent Vacancy on boards and commissions. In addition to the other provisions of this Charter, a vacancy shall be deemed to exist on any board or commission [to] which members are appointed for a specific term of office, when such board member fails to qualify within ten (10) days after his appointment, fails to perform the duties of his office for a period of ninety (90) days, dies, resigns, is removed from office, moves from the city, is convicted by a court of competent jurisdiction of a felony, or of misconduct in office or is judicially declared to be mentally incompetent Filling vacancies in elective office. (A) If a vacancy occurs in any elective office, then the Council, by a majority vote of its members, shall fill such vacancy within sixty (60) days. If the Council fails to do so, then the City Clerk shall conduct a special election within the next ninety (90) days to fill such vacancy following procedures set forth in Sections 3.12 through 3.15 of this Charter. (B) No vacancy arising within one hundred fifty (150) days of the general city election shall be filled by special election. Footnote: This Charter amendment was approved at the General Election held November 8, Filling vacancies in appointive office. Vacancies that occur in appointive offices of an unspecified term shall be filled in the manner provided for making the original appointments, and vacancies that occur in appointive offices of a specified term shall be filled for the balance of the unexpired term in the manner provided for making the original appointments Resignations.

12 Page 12 of 73 Resignations of elective officers shall be made in writing, filed with the clerk and shall be acted upon by the council at its next regular meeting, following receipt thereof by the clerk. Resignations of appointive department heads, board and commission members shall be made in writing to the appointing officer and shall be acted upon immediately Change of term of office. (A) Except by procedures provided in this Charter, the terms of office of the elective officers and of the members of boards and commissions appointed for a definite term shall not be shortened. (B) 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 and has qualified Compensation: Elective and appointive officers. (A) Compensation for all members of boards and commissions where permitted by law shall be established by council ordinance. (B) The compensation of all employees and officers of the city whose compensation is not provided for herein shall be fixed by ordinance and shall be within the limits of budget appropriations and shall be in accordance with any pay plan adopted by the council. (C) Except as otherwise provided in this Charter, 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 his services. (D) Such fees, commissions and compensations shall belong to the city and shall be collected and accounted for by such officers or employees, and paid into the city treasury and a statement thereof filed periodically with the council. The provisions of paragraph (C) of this section shall not apply to fees, commissions, or other compensation paid by the County of Macomb to any officer or employee serving as a city representative on the Board of Supervisors. (E) Nothing contained in this section shall prohibit the payment of necessary bona fide expenses incurred in service in behalf of the city. (F) The council shall not grant or authorize extra compensation to any officer or employee after his service has been rendered Oath of office and bonds. (A) All of the officers of the city before entering upon the duties of their office shall file with the clerk such bonds as are required by law or this Charter. Footnote: This Charter amendment was approved at the General Election held in November, 1992.

13 Page 13 of 73 (B) All bonds shall be surety company bonds subject to approval as to form and content by the city attorney, or by an assistant in his office, and the premiums thereon shall be paid by the city. The council shall have the authority to require bonds of a larger amount than is required by law and shall have the authority to authorize the issuance of a blanket surety bond to cover all of the officers and such employees of the city as they deem proper in lieu of individual bonds. (C) Failure on the part of the officers or employees to furnish such bonds as are required by this section or upon their failure to qualify for such bonds shall be deemed sufficient grounds for removal from office by the council Officers must not have interest in city contracts. (A) No officer of the city shall be financially interested, directly or indirectly, in any contract, sale, job, work or service (other than official service), to be performed for the city except as hereinafter provided in paragraph (B), nor shall he stand as, give, or provide any bail, security, or bond required by this Charter or the ordinances of the city; nor personally, nor as an agent, provide any bond required by law of any liquor licensee whose license is subject to approval by the council. Any officer of the city offending against the provisions of this section shall be guilty of misconduct in office. (B) A contract in which an officer or member of his family has a financial interest may be made by the city if the members of the council having no such interest shall unanimously determine that the best interests of the city will be served by the making of such contract after comparative prices are obtained Solicitation of political contributions or support. No elective officer of the city shall orally, by letter or otherwise solicit, or be in any manner concerned in soliciting any assessment, subscription, contribution, or support for any political party, or for any candidate for public office, from any classified employee of the city. Any elective officer of the city who offends against the provisions of this section shall be guilty of misconduct in office Officer shall hold no office except elective office. No elective officer shall hold more than one elective or appointive office, the compensation for which is paid out of city funds. No classified employee of the city shall seek any elective city office, unless he first resigns from his position with the city Department regulations: Hiring of employees. Subject to the provisions of this Charter, the department heads, commission or board in charge of the city government shall formulate all rules and regulations required for the organization and conduct of its department and unless otherwise specifically provided to the contrary in this Charter, each department head, commission or board shall hire the necessary employees for his

14 Page 14 of 73 or her department, subject, to the approval of the council and to any civil service provision that may be hereinafter enacted by the council in accordance with the Charter Employees maybe appointed to two or more appointive offices. The city manager, with the approval and consent of the council, shall have the authority to appoint one person to fulfill the functions and duties of two (2) or more offices provided that the functions of such appointive offices are not incompatible with each other, unless otherwise provided in this Charter Residence requirements for employees. All full-time employees of the city, if not residents of Macomb County at the time of their appointment, shall become residents thereof within six (6) months thereafter and shall remain so while so employed. The council may, by resolution or by ordinance, extend the six (6) month period. Footnote: This Charter amendment was approved at the General Election held in November, Private use of public property. No officer or employee of the city shall devote any city property or labor to his own personal use Delivery of office. When any elective or appointive officer or employee of the city has qualified and is entitled to assume the duties of his office his predecessor in such office or position shall surrender to him forthwith, all the books, papers, records and other city property which may be in his possession. The failure of such predecessor to comply with this provision shall constitute a misdemeanor Anti-nepotism. Unless the council shall by five-sevenths vote, which shall be recorded as part of its official proceedings, determine that the best interests of the city shall be served and the party considered by such a vote has met the requirements for such a classified position as are specified in section 8.19 (1-4 of this Charter), the following relatives of any elective or appointive officer are disqualified from holding any appointive office or employment during the term for which said elective or appointive officer was elected or appointed: Spouse, child, parent, grandchild, grandparent, brother, sister, half-brother, half-sister or the spouses of any of them. All relationships shall include those arising from adoption. This section shall in no way disqualify

15 Page 15 of 73 such relatives or their spouses who are bona fide appointive officers or employees for the city at the time of the election or appointment of said official. CHAPTER 5. THE CITY COUNCIL The council: Composition and term of office. The legislative and governing body of the city shall be the city council, which shall consist of the mayor and six (6) councilpersons, all of whom shall serve a two-year term of office. At the regular city election to be held in 1993, the mayor and three (3) councilpersons shall be elected for a two-year term of office. At each biennial election thereafter, the mayor and six (6) councilpersons shall be elected for a two-year term of office. Footnote: This Charter amendment was approved at the General Election held in November, Compensation of mayor and councilmen. Each councilman shall receive as compensation thirty dollars for each regular and special meeting of the council which he attends, but the compensation so paid shall not exceed $1800 in any fiscal year. The mayor shall receive as compensation forty dollars for each regular and special meeting of the council which he attends, but the compensation so paid shall not exceed $2500 in any fiscal year. Such compensation shall be paid monthly and except as otherwise provided in this Charter shall constitute the only compensation which may be paid the mayor or councilmen for the discharge of any official duty for or on behalf of the city during their tenure of office. However, the mayor and councilmen may, upon order of the council be paid such necessary bona fide expenses incurred in service in behalf of the city as are authorized and itemized Election; mayor pro tem. The highest vote-getter in each regular city election for councilperson shall serve as mayor pro tem. Vacancies in the office of mayor pro tem shall be filled by the next highest vote-getter. 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. Footnote: This Charter amendment was approved at the General Election held in November, 1992; amended and approved at the General Election held November 8, Duties of mayor.

16 Page 16 of 73 (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 and vote in all proceedings of the council, equal with that of other members of the council, but shall have no veto power. He shall be the presiding officer of the council. (B) The mayor shall be a conservator of the peace and in emergencies may exercise within the city the powers conferred upon sheriffs to suppress riot and disorder, and shall have authority 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 disorder. (C) The mayor shall execute or authenticate by his signature such instruments as the council, this Charter, or statute or laws of the United States shall require. (D) Except as may be required by statute, the mayor shall exercise only such powers as this Charter or the council shall specifically confer upon him. (E) 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 Regular meetings of the council. The council shall meet not less than twice each month commencing at a time to be set by council resolution at the usual place of holding meetings of the council. If any time set for the holding of a regular meeting of the council shall fall on a legal holiday, then such regular meeting shall be held at the same time and place on the next secular day which is not a holiday Special meetings of the council. Special meetings may be called by the clerk of the council on the written request of the mayor or any three (3) members of the council on twenty-four (24) hours written notice to each member of the council, designating the purpose of such meeting and served personally or left at his usual place of residence by the clerk or someone designated by him. Any special meeting at which all members of the council are present or have waived notice in writing, shall be a legal meeting for all purposes, without such notice Business at special meetings. No business shall be transacted at any special meeting of the council unless the same has been stated in the notice of such meeting. However, if all the members of the council are present at any special meeting of the council, then any business which might lawfully come before a regular meeting of the council, may be transacted at such special meeting Meetings of the council to be public.

17 Page 17 of 73 All regular and special meetings of the council shall be open to the public and rules of order of the council shall provide that citizens shall have a reasonable opportunity to be heard Quorum. The majority of the council shall constitute a quorum for the transaction of business at all meetings of the council, but in the absence of a quorum two (2) or more members may adjourn any regular or special meeting to a later date Rules of procedure; journal of proceedings required. The council shall determine its own rules, policies and order of business and shall keep a written or printed journal of all its proceedings in the English language which shall be signed by the mayor and the council clerk. The vote upon the passage of all ordinances, and upon the adoption of all resolutions shall be taken by "yes" and "no" votes and entered upon the record except that where the vote is unanimous, it shall only be necessary to so state. An affirmative vote of the majority of the quorum of the council is necessary to validate any resolution except as otherwise required by law or this Charter. Neither the mayor nor any councilperson shall vote on any question in which he has any financial interest other than the common public interest. Any citizen or taxpayer of the city shall have access to the minutes and records of all regular and special meetings of the council at all reasonable times. There shall be no standing committees of the council. Footnote: This Charter amendment was approved at the General Election held in November, Discipline. The council may by vote of not less than a majority of its members, compel the attendance of its members at its regular meetings and enforce orderly conduct therein; and any member of the council who refuses to attend such meetings and conduct himself in an orderly manner thereat shall be deemed guilty of misconduct in office. The council may require the attendance of the city manager and that of any elective or appointive officer of the city for the purpose of securing from them any information upon the affairs of the city within their jurisdiction Investigations. The council, by majority of its members, or any person or committee authorized by it for the purpose, shall have power to inquire into the conduct of any department, office or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence. Failure on the part of any officer of the city to obey such subpoena or to produce books, papers, or other evidence as ordered under the provisions of this section shall constitute misconduct of

18 Page 18 of 73 office and shall also constitute a misdemeanor. If such failure shall be on the part of any employee of the city, it shall constitute a misdemeanor Official newspaper. The council, after investigating the circulation, rate, quality of printing, deliveries and responsibility of available newspapers, and after receiving bids, shall designate at least one newspaper of general circulation in the city which is qualified to publish legal notices under the laws of the State of Michigan, as the official newspaper of the city for the next twelve (12) months. All notices, ordinances, and other records required by the provisions of this Charter to be published, shall be published in said official newspaper in the manner and form [prescribed] in this Charter; provided, however, that the council may order additional publications of any such notice, ordinance or other record in other newspapers, in any financial or trade paper, journal or magazine. If at any time, no newspaper had been designated as the official newspaper of the city, or in case the newspaper designated as the official newspaper of the city ceases regular publication or is violating any of the terms of its contract, the council shall order publication of such notices, proceedings, ordinances, or other records as are required to be published, in some other newspaper printed in the English language and circulated in the city; provided, however, that the city shall not be without an official newspaper more than thirty (30) days Publication of council proceedings. No proceedings of the council shall be published in the official newspaper of the city until the meeting following the meeting at which said proceedings were adopted. A synopsis of such proceedings, prepared by the clerk of the council and approved by the presiding officer, showing the substance of each separate proceeding of the council, shall be sufficient compliance with the requirements of this section except for ordinances adopted by the council. Ordinances shall be published in the complete form Public hearings. The council shall have the power to hold hearings on any matter within its province, and to compel by subpoena, the attendance of witnesses and the production of books, papers and data in any hearing pending before it. Such subpoena may be served by any person of legal age. Each witness shall be entitled to receive the same fees for attendance as is provided by law for the payment of witness fees in the circuit court for the County of Macomb. The council may by ordinance prescribe the method to more effectually carry out the foregoing provisions. Any person who having been personally served with subpoena willfully refuses to comply with the same, may be punished with a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days, or both in the discretion of the court Claims and accounts. The council shall audit and pass on all accounts and claims against the city. All claims whether arising out of contract or tort shall be made under oath and shall be filed with the clerk for

19 Page 19 of 73 consideration by the council within sixty (60) days after the cause of action in every case has arisen. It shall be a sufficient defense to any action for the collection of any demand or claim against the city that such claim has not been filed with the clerk as hereinbefore provided Power to enter into insurance contracts. The council shall have the power to adopt and make available to the administrative officers and employees of the city and its departments any recognized standard plan of group life, hospital health or accident insurance Licenses: Requiring council approval. (A) The council shall by ordinance prescribe the terms and conditions upon which licenses may be granted, suspended, or revoked, and may require an exact payment of such reasonable sums for any licenses as it may deem proper. The persons receiving the licenses shall, before the issuing thereof, execute a bond to the city, when required by any ordinance, in such sum and with such securities as prescribed by such ordinance, conditioned for the faithful observance of the Charter of the city, the ordinance under which the license is granted and otherwise conditioned as any such ordinance may prescribe. (B) The licensing power granted to cities by state law shall be vested in the council unless otherwise provided by ordinance Depository of city funds. The council shall select a depository or depositories in which the funds of the city shall be deposited. CHAPTER 6. CITY LEGISLATION: ORDINANCES, RESOLUTIONS, INITIATIVE AND REFERENDUM Legislative power, council authority. The legislative power of the city is vested exclusively in the council, except as otherwise provided by law Prior township legislation. All valid ordinances, resolutions, rules and regulations of the Township of Sterling which are not inconsistent with this Charter and which are in full force and effect at the time of the effective date of this Charter shall continue in full force and effect until repealed or amended.