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1 Page 1 of 65 Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> PART I - CHARTER [1] PREAMBLE We, the people of the City of Warren, grateful to God for the blessings of freedom, peace, and justice, and in order to secure the benefits of efficient self government and otherwise to promote our common welfare, do ordain and establish this charter for the government of our city, pursuant to authority granted by the Constitution and Laws of the State of Michigan. CHAPTER 1. - BOUNDARIES AND SUBDIVISION OF THE CITY CHAPTER 2. - DEFINITIONS AND GENERAL PROVISIONS CHAPTER 3. - MUNICIPAL POWERS AND LIABILITIES CHAPTER 4. - OFFICERS CHAPTER 5. - THE CITY COUNCIL CHAPTER 6. - CITY LEGISLATION CHAPTER 7. - CITY ADMINISTRATION CHAPTER 8. - GENERAL FINANCE CHAPTER 9. - TAXATION CHAPTER SPECIAL ASSESSMENTS CHAPTER COUNTY SUPERVISORS CHAPTER JUSTICE COURT CHAPTER ELECTIONS CHAPTER CONTRACTS CHAPTER PUBLIC UTILITY SERVICES CHAPTER MUNICIPAL PENSION PLANS FOOTNOTE(S): (1) Editor's note Printed herein is the Warren Charter as adopted by the electors on October 2, Amendments have been inserted and are indicated by history notes in parentheses following the amended sections. Obvious misspellings have been corrected. Other changes made for clarity are indicated by brackets. (Back) (1) State Law reference Home rule cities generally, MCL et seq.; power to adopt and amend Charter, Mich. Const. 1963, Art. VII, 22. (Back) Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 1. - BOUNDARIES AND SUBDIVISION OF THE CITY >> CHAPTER 1. - BOUNDARIES AND SUBDIVISION OF THE CITY Sec Boundaries. Sec Wards. Sec Election precincts. Sec Boundaries.

2 Page 2 of 65 The following described territory, together with all territories that may be annexed thereto, shall be a body corporate with the official name and title of "City of Warren", shall constitute one ward, and shall be subject to the municipal control of the city: Commencing at the intersection of the base line of the state of Michigan and the western boundary line of T. 1N., R. 12E., thence north along the said western boundary line of T. 1N., R. 12E. (substantially the centerline of Dequindre Avenue) to the northern boundary line of T. 1N., R. 12E., thence east along the said northern boundary line of T. 1N., R. 12E. (substantially the centerline of Fourteen Mile Road) to the eastern boundary line of T. 1N., R. 12E., thence south along the said eastern boundary line of T. 1N., R. 12E. (substantially the centerline of Hayes Road and Hayes Road extended) to the northeast corner of Section 25 of T. 1N., R. 12E., thence west along the north line of Section 25 a distance of 200 feet, thence south along a line 200 feet distant from and parallel to the east line of Section 25 to a point 200 feet north of the south line of the northeast ¼ of Section 25, thence westerly from that point to a point on the west line of the east ½ of the east ½ of Section 25 which is 20 feet north of the south line of the northeast ¼ of Section 25, thence south along the west line of the east ½ of the east ½ of Sections 25 and 36 to the base line of the state of Michigan, thence west along the said base line to the point of beginning: and excepting therefrom the territory comprising the City of Center Line, which territory is described as follow: Commencing at the north quarter post of Section 22, T. 1N., R. 12E., thence southerly on the north and south quarter section line through Sections 22 and 27 to the center post of Section 27, thence southerly and along the westerly line of the southwest quarter of Section 27 to a point of intersection with a line produced easterly and being the southerly line of the northerly twelve acres of the northeast quarter of the southeast quarter of Section 28, thence westerly along the southerly line of said northerly twelve acres and said southerly line produced to a point 200 feet westerly of the west property line of the Michigan Central Railroad, thence northerly parallel with and 200 feet westerly on the westerly property line of the Michigan Central Railroad through Sections 28 and 21 to a point on the northerly line of Section 21 and 200 feet westerly of the westerly property line of the Michigan Central Railroad, thence easterly on the north line of Sections 21 and 22 to the north quarter post of Section 22, to the point of beginning. State law reference Incorporation, consolidation of territory and alteration of boundaries of home rule cities, MCL et seq. Sec Wards. The city shall consist of one ward. State law reference Mandatory that Charter provide for establishment of one (1) or more wards, MCL 117.3(e). Sec Election precincts. The city shall be divided into election precincts in the manner required by law. State law reference Election precincts, MCL

3 Page 3 of 65 Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 2. - DEFINITIONS AND GENERAL PROVISIONS >> CHAPTER 2. - DEFINITIONS AND GENERAL PROVISIONS Sec Records to be public. Sec Definitions and interpretations. Sec Public records and evidence. Sec Quorum. Sec Sundays and holidays. Sec Penalties for violations of charter. Sec Chapter and section headings. Sec Amendments. Sec Severability of charter provisions. Sec Records to be public. All records of the city shall be public, unless otherwise provided by law, shall be kept in city offices, except when required for official reasons or for purposes of safekeeping to be elsewhere, and shall be available for inspection at all reasonable times. State law reference Mandatory that Charter provide that all records of the municipality shall be public, MCL 117.3(l); freedom of information act, MCL et seq. Sec Definitions and interpretations. Except as otherwise specifically provided or indicated by the context of this charter: (c) (d) (e) (f) (g) (h) The word "city" shall mean the city of Warren; The word "council" shall mean the city council of the city of Warren, and shall be synonymous with the word commission, or any other word used in any law to designate the governing body of a city; The word "constitution" shall denote the constitution of the state of Michigan, as it is in effect at the time the provision containing the word "constitution" is to be applied; The word "law" shall denote this charter, the constitution and statutes of Michigan, and the applicable common law; The word "officer" shall include, but shall not be limited to, the mayor, the members of the council, the justices of the peace [2], the administrative officers, deputy administrative officers, and members of city boards and commissions created by or pursuant to this charter: provided, that city representatives; [3] on the board of supervisors of Macomb County, when acting in such capacity, shall not be officers of the city within the meaning of this charter; The word "person" may extend and be applied to bodies politic and corporate and to partnerships and associations, as well as to individuals; The words "printed" and "printing" shall include printing, engraving, stencil duplication, lithographing, or any similar method; The words "publish" or "published" shall include publication of any matter, required to be published, in the manner provided by law, or where there is no applicable law, in one

4 Page 4 of 65 (i) (j) (k) (l) (m) or more newspapers of the city or by posting on the official bulletin boards of the city of which the council shall provide and maintain at least ten in the city; The words "public utility" shall include all common carriers in the public streets; water, sewage disposal, electric light, gas, electric power, and heating works; telephone and telegraph lines; subways, conduits, market and market houses, garbage collection, garbage disposal and reduction plants, paving plants and appliances; and such other and different enterprises as the council may from time to time determine or designate; The word "statute" shall denote the public acts of the state of Michigan, as they are in effect at the time the provision containing the word "statute" is to be applied; Except in reference to signatures, the words "written" and "in writing" shall include hand written script, printing, typewriting, and teletype and telegraphic communications; All words indicating the present tense shall not be limited to the time of the adoption of this charter, but shall extend to and include the time of the happening of any event or requirement for which provision is made herein; The singular number shall include the plural, the plural number shall include the singular and the masculine gender shall extend to and include the feminine gender and the neuter. Sec Public records and evidence. All papers, books, or other records of any matter required to be kept by any of the several departments of the municipal government, either by law or by the provisions of any ordinance or regulation, shall be deemed public records of such department, and they, or copies duly certified by the custodian thereof, shall be prima facie evidence of their contents in all suits at law or in equity, or in other proceedings. State law reference Mandatory that Charter provide that all records of the municipality shall be public, MCL 117.3(l); freedom of information act, MCL et seq. Sec Quorum. Except as otherwise expressly provided in this charter, a quorum of any board created by or under authority of this charter shall consist of a majority of the number of its members, as established by this charter or by the ordinance creating such commission or board. The concurring vote of a majority of such established number of members of each such board shall be necessary for official action by it. Sec Sundays and holidays. Except as otherwise expressly provided in this charter, whenever the date fixed by law or ordinance for the doing or completion of any act falls on a Sunday or legal holiday, such act shall be done or completed on the next succeeding day, which is not a Sunday or legal holiday. Sec Penalties for violations of charter. Any person found guilty of an act constituting a violation of this charter may be punished by a fine which, in addition to court costs charged to him, shall not exceed five hundred dollars or imprisonment for not more than ninety days, or by both such fine and imprisonment, in the discretion of the court. Imprisonment for violations of this charter may be

5 Page 5 of 65 in the city or the county jail, or in any work house of the state which is authorized by law to receive prisoners of the city. This section shall not operate to limit or prejudice the power to remove officers or discharge employees as provided in this charter. Sec Chapter and section headings. The chapter and section heading used in this charter are for convenience only, and shall not be considered as part of this charter. Sec Amendments. This charter may be amended at any time in the manner provided by law. Should two or more amendments adopted at the same election have conflicting provisions, the amendment receiving the largest affirmative vote shall prevail as to those provisions. State law reference Power to adopt and amend Charter, Mich. Const. 1963, Art. VII, 22; Charter amendment procedure, MCL et seq. Sec Severability of charter provisions. If any provision, section, or clause of this charter, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any remaining portion or application of the charter, which can be given effect without the invalid portion or application, and, to this end, this charter is declared to be severable. FOOTNOTE(S): (2) Editor's note Justices of the peace were abolished by MCL , which created the district court system. (Back) (3) Editor's note There are no longer any so-called city representatives on the board of supervisors since MCL et seq., now provides for the election of supervisors by apportioned districts with the county. (Back) Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 3. - MUNICIPAL POWERS AND LIABILITIES >> CHAPTER 3. - MUNICIPAL POWERS AND LIABILITIES Sec General powers. Sec Vested rights and liabilities continued. Sec General powers. Unless otherwise provided or limited in this charter, the city of Warren shall possess and be vested with all the powers, privileges, and immunities, expressed or implied, which cities are, or hereafter may be permitted by law to exercise or to include in their charters. The enumeration of particular powers, privileges, or immunities in this section or elsewhere in this charter shall not be held to be exclusive. State law reference Permissible that Charter provide that the city may exercise all municipal powers in the management and control of municipal powers in the management and control of municipal powers in the

6 Page 6 of 65 management and control of municipal property and in the administration of the municipal government, MCL 117.4j(3). The city shall have power to manage and control the finances, rights, interests, buildings, and property, to enter into contracts, to do any act to advance the interests, good government, and prosperity of the city and its inhabitants, and to protect the public peace, morals, health, safety, and general welfare. In the exercise of such powers, the city may enact ordinances, rules, and regulations, and take such other action as may be required, not inconsistent with law. The power of the city shall include, but shall not be limited to, the following: State law reference Mandatory that Charter provide for the public peace and health, and for the safety of persons and property, MCL 117.3(j). (1) Abatement of nuisances. To declare as a hazard or nuisance any act or condition, upon public or private property, or both, including, but not limited to, the accumulation of rubbish and the growing of noxious weeds, which is or may be dangerous to the health, safety, morals, or welfare of the inhabitants of the city; to provide for the abatement thereof; and to provide that the costs of such abatement shall be charged as a special assessment against the real property on which the hazard or nuisance is located; (2) Public welfare. To provide for the public welfare by: Trades, occupations and amusements. Regulating trades, occupations, and amusements within the city, and prohibiting trades, occupations, and amusements which are detrimental to the safety, health, morals, or welfare of its inhabitants; State law reference Permissible that Charter provide for regulation of trades, occupations and amusements, MCL 117.4i(4). (c) (d) (e) (f) Foods and drugs. Regulating the preparation, storage, transportation, and sale of foods, drugs, and beverages for human consumption; Garbage and rubbish. Collecting and disposing of garbage and rubbish; Oil, gasoline stations. Licensing and regulating oil and gasoline stations and the locations thereof, and limiting the number thereof within the city; Vehicles for hire. Licensing and regulating the number of vehicles which carry persons or property for hire and limiting the number thereof within the city, fixing the rates of fare and charges, and determining the location of stands for such vehicles; Signs and billboards. Licensing and regulating billboards and advertising signs and the locations thereof; State law reference Permissible that Charter provide for regulation of billboards, MCL 117.4i(5). (g) Buildings and structures. Regulating the construction, erection, alternating, equipment, repair, moving, removal, demolition, and maintenance of buildings and structures and their appurtenances and service equipment; (h) Zoning. Establishing zones within the city and regulating therein the use and occupance of lands or structures; the height, area, size, and location of buildings; the required open spaces for light and ventilation of buildings; and the density of population; State law reference Permissible that Charter provide for zoning, MCL 117.4i(3).

7 Page 7 of 65 (i) Fire prevention. Regulating, limiting, and prohibiting the construction and use of buildings and lands in order to promote the public safety and to prevent fires; (j) Streams, waters, water courses. Regulating and controlling the use of streams, waters, and water courses within the city; State law reference Permissible that Charter provide for regulation of water courses, MCL 117.4h(4). (3) Streets and public ways. To establish and reasonably control streets, alleys, bridges, and public places, and the space above and beneath them, and the use thereof by: State law reference Permissible that Charter provide for regulation of public ways, MCL 117.4h(1). Same; creating, vacating. Creating and vacating the same and acquiring and disposing of land, or any interest in land, required therefor; Streets and alleys, plan. Providing a plan of streets and alleys within the city and for a distance of not more than three miles beyond its limits; State law reference Permissible that Charter provide for plan of streets and alleys within 3 miles of city, MCL 117.4h(3). (c) (d) (e) (f) (g) Laying sidewalks. Requiring the owners of real property to build and maintain public sidewalks in the area of streets immediately adjacent to such property, and, upon the failure of any owner to do so, constructing and maintaining such sidewalks and assessing the cost thereof against such property as a special assessment; Space between curb and sidewalk; weeds, encumbrances. Compelling all persons to care for the untraveled portions of streets lying between the curbs and sidewalks, which abut upon premise's owned, controlled, or occupied by them, and to keep the same free from weeds and from objects which are offensive or hazardous to public health and safety, and, upon the failure of any owner of such property to do so, to cut and remove such weeds and objects and assess the cost thereof against such property as a special assessment; Snow, ice, dirt, etc. Compelling all persons to keep sidewalks which are in the area of streets immediately adjacent to the premises owned, controlled, or occupied by them, free from snow, ice, dirt, wood, weeds, or any other object which obstructs such sidewalks, or which makes the same offensive or hazardous to the public health or safety, and upon the failure of any owner of such property to remove or cut such objects and assess the cost thereof against such property as a special assessment; Street grades, public utilities; railroads. Providing for the grade of streets and requiring public utility users of the streets to conform thereto with respect to their tracks or facilities located on, above or under the streets; requiring railroads to keep their tracks and the street surface between, and for a distance of one and one half feet or such other distance as may be required by federal or state law, on each side of them in reasonable repair at all times; and requiring railroads to give warning by person or automatic signal of the approach of trains upon or across the streets; Vehicles, trains; speed, stopping, parking. Regulating the speed of vehicles, trains, and locomotives upon or across the streets within the

8 Page 8 of 65 provisions and limitations of law, and the stopping and parking of the same upon the streets and at street crossings; (h) Streets, alleys; lighting. Providing for and regulating the lighting of streets and alleys; (i) Same; preventing encumbrances. Preventing and abating the encumbering of streets and alleys or any part thereof; (j) Buildings, street numbers. Providing for and regulating the numbering of buildings upon property abutting streets and alleys and compelling the owners and occupants thereof to affix numbers thereto; (k) Public ways; public utilities, use. Providing for the use by others than the owner, of property located on or under the streets, alleys, and public places in the operation of a utility, upon the payment of a reasonable compensation therefor to the owner; State law reference Permissible that Charter provide for joint use of public property, MCL 117.4h(2). (l) Trees and shrubs. Providing for the planting and general care and protection of trees and shrubbery within streets and public places, and requesting or preventing the cutting of limbs and branches for the placing and maintenance of utility wires; (4) Public improvements. To undertake any public work or make any public improvement or any repair or replacement thereof whether directly or by contract with private persons; and to participate in any public work or public improvement under any lawful plan by which the whole or partial support of such work or improvement is provided by another governmental unit or agency; (5) Public buildings. To construct, provide, maintain, extend, operate, and improve: Office, community buildings. Within the city; a city hall; city office buildings; community buildings; police stations; fire stations; civic auditoriums; public libraries; and polling places; and, Parks, recreation, transportation, public utility facilities. Either within or without the corporate limits of the city or of Macomb County; public parks; recreation grounds; stadiums; municipal camps; public grounds; zoological gardens; museums; airports and landing fields; cemeteries, levees, embankments, and channels for flood control and other purposes related to the public health, safety, and welfare; electric light and power plants and systems; gas plants and systems; public heating plants and systems; waterworks and water treatment plants and systems; sewage disposal plants and systems; storm sewers; garbage disposal facilities; refuse and rubbish disposal facilities; market houses and market places; public transportation facilities; facilities for the storage and parking of vehicles; hospitals; facilities for the landing of helicopters; and any other structure or facility which is devoted to or intended for public purposes within the scope of the powers of the city; (6) Property for public use. To acquire by purchase, gift, condemnation, construction, lease, or otherwise, property, and interests in property, either within or without the corporate limits of the city or of Macomb County, for any public use or purpose within the scope of its powers, including, but not by way of limitations, the uses and purposes set forth in this section, and including the necessary lands therefor; State law reference Permissible that Charter provide for condemnation, MCL 117.4e(2).

9 Page 9 of 65 (7) Joint government agreements. To join with any municipal corporation or with any other unit of government, or with any number or combination thereof, by contract, or otherwise, as may be permitted by law, in the ownership, operation, or performance, jointly, or by one or more on behalf of all, of any property, facility, or service which each would have the power to own, operate, or perform separately. Sec Vested rights and liabilities continued. After the effective date of this charter, the city and all its agencies shall be vested with all property, moneys, contracts, rights, credits, effects, and the records, files, books, and papers of the village of Warren and the township of Warren, of which the city shall, in each case, be the successor. No right or liability, contract, lease, or franchise, either in favor of or against either the said village or the said township, existing at the time this charter became effective, and no suit or prosecution of any character, shall be affected in any manner by any change resulting from the incorporation of the city or the adoption of this charter, but the same shall stand or proceed as if no change had been made, except that the same shall be in the name of the city as the successor to the said village and township. All taxes, debts, and liabilities, due to the said village and township from any person, and all fines and penalties, imposed and existing at the time of the incorporation of the city and effective date of its charter, shall be collected by the city. Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 4. - OFFICERS >> CHAPTER 4. - OFFICERS Sec City officers. Sec Eligibility for city office; general qualifications. Sec Certain persons ineligible for city office. Sec Terms of office. Sec Notice of appointments. Sec Compensation of officers. Sec Oath of office. Sec Surety bonds. Sec Giving of surety by officers forbidden. Sec Vacancies of office. Sec Resignations. Sec Removal of officers. Sec Recall. Sec Filling vacancies. Sec Delivery of office to successor. Sec City officers. The elective officers shall be the mayor, the seven council members, the clerk, and treasurer.

10 Page 10 of 65 The appointive officers shall be the city attorney, the assessor, the controller, the police commissioner, the fire commissioner, the director of public service and other department heads, and members of the several boards and commissions created by or under authority of this charter. (Amended by electors on ) Editor's note The municipal court was abolished by MCL , which created the district court system. State law reference Mandatory that Charter provide for election or appointment of a mayor, clerk and treasurer, and such officers as may be deemed necessary, MCL Sec Eligibility for city office; general qualifications. Except as otherwise provided in this charter, a person is eligible to hold an elective city office if he has been a registered elector of the city, or of territory annexed to the city, or both, for at least two years immediately preceding his election or appointment. This requirement may be waived as to persons appointed to the offices of assessor, controller, and any office created by the council, other than membership on a board, by resolution concurred in by not less than five members of the council. When such requirement is waived, the appointment shall be provisional, until the appointee becomes a registered elector of the city. No person shall hold office under a provisional appointment after one year from the date of his first appointment. The council shall be the judge of the election and qualifications of its members, subject to the general election laws of the state and review by the courts, upon appeal. State law reference Mandatory that Charter provide for qualifications of its officers, MCL 117.3(d). Sec Certain persons ineligible for city office. (c) (d) A person who has been convicted of violating any provision of the election laws of the state or of the city, or who has been convicted of a felony or of an offense involving a violation of his oath of office, or who is in default to the city, shall not be eligible for any city office. No person shall simultaneously hold two city offices or a city office and a city employment, nor shall any person simultaneously hold an elective city office and an elective county and school district office. No person who holds an elective county or school district office shall be eligible to qualify for or to assume an elective city office to which he has been elected, until he first resigns from the elective county or school office held by him. Any elective officer who assumes an elective county or school district office shall thereupon be deemed to have vacated the city office held by him. A person who holds or has held an elective city office shall not be eligible for appointment to a city office or employment, for which compensation is paid by the city, until one year has elapsed following the term for which he was elected or appointed. A person shall not be eligible to hold the office of mayor, city council, city clerk or city treasurer for more than the greater of three (3) complete terms or twelve (12) years in that particular office. This provision shall be applied to commence with the term of office that took effect after the election on November 7, (Res. of ) State law reference Mandatory that Charter provide for qualifications of its officers, MCL 117.3(d). Sec Terms of office.

11 Page 11 of 65 The terms of office of all elective officers shall be two years, commencing on and dating from the Monday following their election, unless otherwise provided in this charter. Each appointive officer, except members of boards, shall serve at the pleasure of the officer or authority appointing him. The term of office of each appointive officer to serve on any city board except the library board, the board of review, and the civil service commission of the policemen's and firemen's civil service plan, shall be for three years and shall commence on that date from July 1 of the year in which his appointment is made, except where the appointment is to fill a vacancy. (c) With the consent of the council, and for so long as the council shall permit, an officer may continue, provisionally, in the office held by him, after the expiration of his term, until his successor has been elected or appointed and has qualified for the office. (d) A person shall not hold the office of mayor, city council, city clerk or city treasurer for more than the greater of three (3) complete terms or twelve (12) years in that particular office. (Res. of ) Sec Notice of appointments. Within three days after a person has been elected to office or an appointment has been made or confirmed, if confirmation is required, the clerk shall mail to the person elected or appointed a certificate of such election or appointment. Sec Compensation of officers. The council shall fix the compensation for all officers, except as otherwise provided by law. The council shall not act to change the compensation of any elected officer after the thirtieth day preceding the last day for filing nomination petitions for that office, or of an appointive officer, serving for a definite term, after his appointment. Reasonable expenses may be allowed to officers when actually incurred and after they have been audited by the controller. State law reference Mandatory that Charter provide for the compensation of its officers, MCL 117.3(d). Sec Oath of office. Every officer, before entering upon his duties, and all employees designated by the council, before entering upon their employment, shall take and subscribe to the oath prescribed by Section 2 of Article XVI of the Constitution, and shall file the same with the clerk. Such oath shall, in each case be taken and subscribed before the clerk, except that the clerk shall do so before the mayor. Editor's note The constitutional oath of office found in Article XVI, Section 2 of the 1908 Michigan Constitution was incorporated without change into Article XI, Section 1 of the 1963 Michigan Constitution. Sec Surety bonds. The council may require any officer or employee to give a bond, to be approved by the city attorney, in such sum as the council determines. The bond shall be conditioned upon the

12 Page 12 of 65 faithful and proper performance of the duties of the office or employment concerned. All officers and employees who receive, distribute, or are responsible for city funds or investments shall be bonded. The resignation, removal, or discharge of any officer or employee, or the appointment of another person to the office or employment, shall not exonerate the officer or employee or his sureties from any liability incurred by them. All official bonds shall be corporate surety bonds and the premiums thereof shall be paid by the city. No official bonds shall be issued for a term exceeding three years, except bonds which are required of officers serving terms of office which are longer than three years. No bond shall be renewed upon its expiration but a new bond shall be furnished in each case. The bonds of all officers and employees shall be filed with the clerk, except that the clerk's bond, unless he is covered within the scope of a blanket surety bond, shall be filed with the treasurer. The requirements of this section may be met by the purchase by the city of one or more blanket corporate surety bonds covering all or any group or groups of the officers and employments of the city. Any officer or employee who is covered by a blanket surety bond need not be bonded individually for the purpose of qualifying for office. Sec Giving of surety by officers forbidden. No officer shall give or furnish any bail or recognizance in connection with any complaint or warrant charging the violation of a city ordinance, give or become surety, or be the agent of any surety or insurer in connection with any license granted by the city or with respect to which the approval of the council or any officer of the city is required. A violation of this section shall be a violation of this charter. Sec Vacancies of office. A city office shall become vacant upon the occurrence of any of the following events: expiration of the term of office; death of the incumbent; resignation; removal from office; ceasing to be an inhabitant of the city; conviction of an infamous crime or of an offense involving a violation of oath of office, default to the city, unless such default is eliminated within thirty days after written notice thereof by the clerk upon the direction of the council, or, unless the officer, in good faith, contests his liability for the default; a decision of a competent tribunal declaring the officer's election or appointment void; failure to take the oath or file the bond required for the office within ten days from the date of election or appointment or within such other time as the council may fix; in the case of councilmen, absence from four consecutive regular meetings of the council unless such absences be excused by the council at the time they occur, or from ten regular meetings in any calendar year; in the case of other elective officers, absence from the city or failure to perform the duties of such office for ninety days, unless such absence from the city or failure to perform the duties of office shall be excused by the council prior to the expiration of such ninety day period; or any other event which, by law, creates a vacancy. In any case, absence from council meetings or from the city on city business at the direction or with the approval of the council shall not be included in the number of meetings or duration of absence set herein for creating a vacancy. Sec Resignations. A resignation from office shall become effective immediately upon the acceptance thereof by the appointing authority in the case of appointive officers, and by the council in the case of elective officers. Resignations of elective officers shall be made in writing and filed with the clerk. Resignations of appointive officers shall be made in writing to the appointing

13 Page 13 of 65 officer. The appointing officer or the clerk, as the case may be[,] shall announce the resignation of any officer to the council at its next meeting. Sec Removal of officers. With the consent of the council, the mayor may remove any appointive officer whose appointment was required to be approved by the council. He may suspend any such officer pending an investigation of any complaint or charge against him. Officers appointed by the mayor not requiring council confirmation, may be suspended or removed by him at any time. Sec Recall. An elective officer may be recalled, and the vacancy thereby created shall be filled, in the manner prescribed by law. State law reference Permissible that Charter provide for recall of its officers, MCL 117.4i(6); recall generally, MCL et seq. See also Mich. Const. 1963, Art. 11, 8. Sec Filling vacancies. (c) If a vacancy occurs in the office of city clerk, city treasurer, or one of the five city council districts, other than by recall, the council shall, within thirty days thereafter fill the vacancy for the balance of the unexpired term thereof. If a vacancy occurs in the membership of council at-large district, the unexpired term of such member shall be filled by the person receiving the highest number of votes of those who did not finish in the top two at the last council election. If for any reason said person would not then qualify for said office, the unexpired term would pass to the next highest eligible vote recipient of said election. However, if the vacancy occurs in the membership of any council position within forty days prior to a regular city election, it shall not be filled. Except as otherwise provided in this charter, if a vacancy occurs in an appointive office, such vacancy shall be filled within thirty days thereafter in the manner provided for making the original appointment: provided that such time may be extended, for not to exceed sixty days[,] by council resolution setting forth the reasons therefor. (Amended by electors on ; amended by electors on ) Sec Delivery of office to successor. Whenever an officer or employee resigns, or is removed from office, or his tenure in office expires, he shall deliver, forthwith, to his successor in the office or to the mayor all books, records, papers, moneys, and effects in his custody which were necessary to or were obtained as a part of the performance of his duties. A violation of this section shall be a violation of this charter. Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 5. - THE CITY COUNCIL >>

14 Page 14 of 65 CHAPTER 5. - THE CITY COUNCIL Sec The city council. Sec Organization of the council. Sec Meetings of the council. Sec Health functions of council. Sec Restrictions of power of the council. Sec The city council. The council shall consist of seven members, one of whom shall be the mayor pro-tem. There shall be five council districts and one at-large district established in the city. One member shall be elected from each of the five (5) council districts and two members shall be elected at-large. Each candidate for a city council district shall be a resident of the council district he or she seeks to represent. A city council member's office is vacated if the member moves his or her residence outside of the council district that the member represents. Within 60 days after voter approval of the charter amendment herein, the redistricting commission shall meet and adopt an apportionment plan for the five (5) council districts. The redistricting commission shall consist of five (5) members, which shall be the three (3) members of the election commission and 2 citizen representatives appointed by the mayor and confirmed by the city council. The redistricting commission shall thereafter meet within 30 days after publication of the latest official figures of the federal decennial census to reapportion the city. The city redistricting commission shall adopt its own rules of procedure. Three (3) members constitute a quorum and all actions shall be by majority vote. The redistricting commission shall provide for equal representation for each single-member council district, and each single-member council district shall be as nearly equal in population and compact as is practicable based on the latest federal decennial census. In subsequent reapportionments, the apportionment plan shall make only incremental changes to the single-member election district boundaries that are necessary to accommodate population change requirements. Each single-member election district shall be designated by number. (c) Candidates seeking nomination for the office of city council shall continue to follow section 13.6 of this charter. However, a candidate for city council district member may submit a petition signed by a number of voters of the district equal in number to not less than one per cent nor more than four per cent of the number of votes cast in the district for the office of secretary of state at the last preceding November election. In lieu of a petition, all candidates may submit a $100 filing fee pursuant to the provisions in section 13.6 of this charter. (d) Any charter provision which requires the affirmative majority vote of five (5) members of the council is hereby superseded and shall hereafter require the affirmative vote of four (4) members of council. Any charter provision which requires a supermajority vote of six (6) members of the council is hereby superseded and shall hereafter require the affirmative vote of five (5) members of council. Four (4) members of city council shall constitute a quorum. (Amended by electors on ) Editor's note

15 Page 15 of 65 Compensation of the council has been superseded by Code of Ordinances Section et seq., which created the Local Officers Compensation Commission pursuant to MCL 117.5c. State law reference Mandatory that Charter provide for election of a body vested with legislative power, MCL Sec Organization of the council. The council shall meet and organize on the first Monday following each regular city election. At such meeting, or within two weeks thereafter, the council shall appoint such standing committees as it shall deem fit and do such other acts as may be required for its organization and the conduct of its business. The council shall appoint a secretary of the council who shall attend all its meetings and keep a permanent journal, in [the] English language, of its proceedings, which journal shall become official when approved by the council and filed with the clerk. State law reference Mandatory that Charter provide for keeping of a journal of every session, MCL (m). Sec Meetings of the council. (c) (d) (e) The council shall meet in the established council chambers or such other place as may be established by ordinance and shall hold at least two regular meetings in each month. All regular meetings of the council shall be held in the evening at the time and on the days established by ordinance. If any time set for the holding of a regular meeting of the council shall be a 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 shall be held at the regular meeting place of the council. Special meetings shall be called by the secretary of the council on the written request of the mayor or any three members of the council, on at least six hours written notice to each member of the council, designating the time and purpose of such meeting, and served personally on each member of the council, or left at his usual place of residence by the secretary of the council or by someone designated by him. Notwithstanding the foregoing requirements for the calling of special meetings, any special meeting of the council shall be a legal special meeting if all members are present thereat, or in the event that any member or members be absent, if all absent members have, in writing, waived the requirement that notice be given: provided, that a quorum be present. At the time of sending out or the delivery of notices for any special meeting, a copy of the notice of such meeting shall be also sent out or delivered to the offices of the newspaper or newspapers published in the city. Proof of the service of notices required by this section or of the waiver thereof shall be entered in the journal of such meeting. (Amended by electors on ) No business shall be transacted at any special meeting of the council, except that stated in the notice of the meeting. All regular and special meetings of the council shall be public meetings and the public shall have a reasonable opportunity to be heard. Five members of the council shall be a quorum for the transaction of business at all of its meetings. In the absence of a quorum, any number less than a quorum may adjourn any meeting to a later date.

16 Page 16 of 65 (f) (g) (h) (i) (j) The council shall determine its own rules and order of business and shall keep a journal, in the English language, or all its proceedings. The journal of each meeting of the council shall be signed by the secretary of the council. The vote upon the passage of all ordinances, and upon the adoption of all resolutions shall be taken by "yes" or "no" votes and shall be entered upon the record, except that, where the vote is unanimous, it shall only be necessary to so state. The public shall have access to the minutes and records of all regular and special meetings of the council. The secretary of the council shall prepare an agenda of business to be considered at each regular council meeting, and, except when this rule is waived by the affirmative vote of five members of the council, no item of business shall be placed on the agenda for a council meeting, unless notice thereof was filed in the office of the secretary of the council by 5:00 o'clock, p.m., on the third secular day preceding such meeting. The council shall prescribe by rule the items of routine business which shall be placed on each agenda without the necessity of giving notice thereof to the secretary of the council. The council may consider any matter not on the agenda by the vote of five members. Each member of the council shall attend all council meetings. The council may compel the attendance of its own members and of all other officers and department heads of the city at its meetings, and may enforce fines for nonattendance in such amount and manner as it may, by ordinance, prescribe. Any member of the council, or other officer of the city, who refuses to attend such meetings, for reasons other than confining illness, or to conduct himself in an orderly manner thereat, shall be deemed guilty of a violation of this charter. The police chief, or such other person as the council shall designate, shall serve as the sergeant-at-arms of the council in the enforcement of the provisions of this section to maintain order at council meetings. Each member of the council shall vote on each question before the council for a determination, unless excused therefrom by the affirmative vote of at least five of the members, but no member of the council shall vote on any question upon which he has a private interest or a financial interest other than as a citizen of the city. If a question is raised under this section at any council meeting, such question shall be determined before the main question shall be voted on, but the council member affected shall not vote on such determination. Except in those cases where a large majority is required by law or the provisions of this charter, no ordinance or resolution shall be adopted or passed, nor shall any other official action be taken, except by the affirmative vote of at least five members. Editor's note The Open Meetings Act (MCL et seq.) supersedes all local Charter provisions which relate to requirements for meetings of local public bodies to be open to the public. State law reference Mandatory that Charter provide that all meetings of the council shall be open to the public, MCL 117.3(l); mandatory that Charter provide for keeping of a journal of every session, MCL 117.3(m). Sec Health functions of council. To the extent and for the time that the health functions of the city are joined with or absorbed by the health department of the county of Macomb, as provided or permitted by law, the powers normally exercised by boards of health in cities shall be exercised for the city by such health department. In the event that the health department of Macomb county shall cease to exist or to exercise and perform any of the health functions of cities which are

17 Page 17 of 65 normally exercised by the boards of health thereof, the council shall constitute the board of health of the city and shall exercise and perform such functions. Sec Restrictions of power of the council. The council shall not have the power to make any contract with or give any official position to any person who is in default to the city. Except in the course of an investigation, neither the council, nor any of its committees shall deal directly with any appointive administrative officer or department of the city, but shall conduct its affairs with such officers and departments through the mayor. Further, the council shall not have the power to sell any park, cemetery, or any part thereof, except where such park is not required under an official master plan of the city, or any property bordering on a water front, or to engage in any business enterprise requiring an investment of money in excess of ten cents per capita, unless approved by three-fifths of the electors of the city, voting thereon at any general or special election. Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 6. - CITY LEGISLATION >> CHAPTER 6. - CITY LEGISLATION [4] Sec Legislative power. Sec Prior legislation preserved. Sec Introduction, consideration, and style of ordinances. Sec Publication of ordinances. Sec Penalties. Sec Time limit for prosecution of ordinance violations. Sec Proceedings for prosecution of ordinance violations. Sec Veto of council action. Sec Initiative or referendary petition. Sec Same; council procedure. Sec Same; submission to electors. Sec Same; status of ordinances adopted. Sec Same; ordinance suspended. Sec Legislative power. The legislative power of the city is vested exclusively in the council, except as otherwise provided by law. State law reference Mandatory that Charter provide for body vested with legislative power, MCL Sec Prior legislation preserved. All ordinances, resolutions, rules, and regulations of the Charter Township of Warren and of each administrative agency of the township, to the extent that they are consistent with the provisions of this charter, which are in force on the effective date of this charter, shall