State constitutional law reference Power to adopt and amend Charter, Mich. Const. 1963, Art. VII, 22.

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1 Page 1 of 58 PART I - CHARTER [1] Footnotes: --- (1) --- Editor's note Printed herein is the charter of the City of Hastings, Michigan, as adopted by the electors on November 2, 1993, and effective on January 1, Amendments to the Charter are indicated in parenthetical history notes following amended provisions. The absence of a history note indicates the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings and catchlines has been used. Additions made for clarity are indicated by brackets. State constitutional law reference Power to adopt and amend Charter, Mich. Const. 1963, Art. VII, 22. State Law reference Home rule cities generally, MCL et seq., MSA et seq. PREAMBLE We, the people of the City of Hastings, mindful of the ideals and labors of our predecessors in founding and developing this community, grateful for the blessings of freedom, peace and justice in a free and democratic state and nation, and desirous of further securing these blessings to ourselves and our posterity, do hereby ordain and establish this Charter for the City of Hastings. ARTICLE I. - NAME AND BOUNDARIES Section Name. The City shall be a body corporate under the name "The City of Hastings." Section Boundaries. The City shall embrace all territory constituting the City of Hastings on the effective date of this Charter, together with all territories that may be annexed thereto and less any detachments therefrom that may be made in a manner prescribed by law from time to time. State Law reference Incorporation, consolidation of territory and alteration of boundaries of home rule cities, MCL et seq., MSA et seq. Section Wards. The City of Hastings shall be divided into four (4) wards, apportioned on the basis of the most recent United States decennial census. Said boundaries of the wards shall be redefined from time to time as required by law.

2 Page 2 of 58 State Law reference Mandatory that Charter provide for one or more wards, MCL 117.3(e), MSA , (e); election precincts, MCL et seq., MSA et seq. ARTICLE II. - GENERAL PROVISIONS Section Public sessions Records. All business of the City shall be conducted at a public meeting held in compliance with the Open Meetings Act [Act No. 267 of the Public Acts of Michigan of 1976 (MCL et seq., MSA (11) et seq.)], unless otherwise provided by law. All public records of the City shall be available for inspection during normal business hours at the office of the City Clerk/Treasurer in compliance with the Freedom of Information Act [Act No. 442 of the Public Acts of Michigan of 1976 (MCL et seq., MSA et seq.)], unless otherwise provided by law. State Law reference Mandatory that Charter provide that all sessions of the legislative body and all records of the municipality shall be public, MCL 117.3(l), MSA , (l). Section Session journal. The Council shall keep a written or printed journal in the English language of all its sessions. State Law reference Mandatory that Charter provide for keeping of a journal of every session, MCL 117.3(m), MSA , (m). Section Chapter and section Headings. The chapter and section headings used in this Charter are for convenience only and shall not be considered as part of this Charter. Section Amendments. This Charter may be amended at any time in any manner as provided by law. Should any two (2) or more amendments adopted at the same election have conflicting provisions, the amendment receiving the largest affirmative vote shall prevail as to those provisions. Charter cross reference Amendments, State constitutional law reference Power to adopt and amend Charter, Mich. Const. 1963, Art. VII, 22.

3 Page 3 of 58 State Law reference Charter amendment procedure, MCL et seq., MSA et seq. Section Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Charter, shall have the meaning hereinafter designated: (c) (d) (e) (f) (g) (h) (i) City[.] The City of Hastings; Council[.] The City Council of the City of Hastings; Law[.] Applicable Federal law, the Constitution and Statutes of the State of Michigan, applicable common law, and this Charter; Officer[.] The Mayor, the members of the Council, and, as herein provided, the administrative officers, deputy administrative officers, members of city boards and commissions created by and pursuant to this Charter; Person[.] An individual, partnership, copartnership, firm, company, corporation, association, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all federal, state or local governmental entities. The masculine gender shall include the feminine; the singular shall include the plural where indicated by context; Printed or Printing[.] Reproductions by typewriting, printing, engraving, stencil duplicating, lithographing, photostating, or any similar method of reproducing or recording language; Publication, publish, or published. Publication of any matter provided by law, or, where there is no applicable law, in one or more newspaper of general circulation within the City and which is qualified by law to publish legal advertisements; Written or In Writing[.] Handwritten script, printing, typewriting, teletype and telegraphic communications; except in reference to signatures.[;] [Time.] All words indicating the present tense are not limited to the time of the adoption of this Charter, but shall extend to and include the time of happening of any event or requirement to which a Charter provision is applied. Section Severability.

4 Page of 58 If any provision, paragraph, word, section, or article of this Charter, or the application thereof to any person or circumstance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or articles or applications of this Charter, which can be given effect without the invalid portion or application, shall not be effected and shall continue in full force and effect. Charter cross reference Severability, ARTICLE III. - POWERS OF THE CITY Section Powers of the city. The City shall have all powers possible for a city to have under the constitution and laws of the State of Michigan as fully and completely as though they were specifically enumerated in this Charter. Section Construction. The powers of the City under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in this Charter shall not be construed as limiting in any way the general power granted in this Article. Section Intergovernmental relations. 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 any state civil division or agency or any subdivision of any state or the United States or any of its agencies. State Law reference Permissible that in providing for the public peace, health and safety, a city expend funds or enter into contracts with a private organization, the federal or state government, a county, village or township, or another city for services considered necessary by the municipal body vested with legislative power, MCL 117.3(j), MSA , (j). ARTICLE IV. - OFFICERS AND RELATED GENERAL PROVISIONS Section Elected city officers.

5 Page 5 of 58 The elective officers of the City shall be the Mayor, the eight (8) council members, and the three (3) members of the Board of Review. State Law reference Mandatory that Charter provide for election of certain officers, MCL 117.3, MSA ,. Section Appointive city officers. The appointive officers of the City shall be the City Manager, the Clerk/Treasurer, the City Attorney, the Police Chief, the Fire Chief, the Director of Public Services, the City Assessor, or such other appointive offices as the Council may create from time to time in accordance with the law. The Council shall have the authority to combine or eliminate any of the appointive offices specified above from time to time, in accordance with the law. State Law reference Mandatory that Charter provide for the appointment of certain officers, MCL 117.3, MSA ,. Section City employees. All personnel employed by the City, who are not elective officers, or declared to be appointive officers, by or under the authority of this Charter or applicable law, shall be deemed to be employees of the City. Section Eligibility for city office. Elective Office. To be eligible to hold an elective office, a person shall be a qualified elector of the City. Appointive Office. To be eligible to hold an appointive office, a person shall be a resident of the City, unless the residency requirement is waived by the Council. State Law reference Mandatory that Charter prescribe qualifications of officers, MCL 117.3(d), MSA , (d). Section Ineligibility for city office or employment.

6 Page 6 of 58 No person who holds or has held an elective city office shall be eligible for appointment to any city office or employment for which compensation is paid by the City, until two (2) years have elapsed following the term for which they were elected or appointed, unless their appointment thereto is approved by a two-thirds (2/3) vote of the Council. Section Compensation of officers. The compensation of all elective and appointive officers shall be established by the Council or as otherwise provided by law. Mandatory that Charter provide for compensation of officers, MCL (d), MSA , (d). Section Oath of office. Every officer of the City elected or appointed, before entering upon the duties of their office, shall take the oath or affirmation prescribed by the Constitution of the State of Michigan and shall file the same with the Clerk/Treasurer, and file an annual conflict of interest statement as prescribed by the Council. Oath of public officers, Mich. Const. 1963, Art. XI, 1. Section Surety bonds. Except as otherwise provided in this Charter, the Council may require any officer or employee to give appropriate surety bonds, to be approved by the Council, conditioned upon the faithful and proper performance of the duties of the office or employment concerned, in such sum as the Council shall determine. Unless otherwise determined by a two-thirds (2/3) vote of the Council, bonds required by this section shall not be renewed upon the expiration of the terms for which issued, but, in each case, a new bond shall be furnished. Blanket bonds covering two or more officers or employees, or both, may be substituted for individual bonds. All official bonds shall be corporate surety bonds and the premiums thereon shall be paid by the City. Section Vacancies in office. Any City office shall become vacant for any one or more of the following reasons: Expiration. The expiration of the term of office;

7 Page of 58 (c) (d) (e) (f) (g) (h) (i) Death. The death of the incumbent; Resignation. A resignation; Removal. The removal from office in any manner provided by law. Recall. The recall of an elected official. Qualifications. Ceasing to possess at any time the qualifications or eligibility for office required by this Charter for election or appointment to an office by any person elected or appointed thereto. Felony conviction. Conviction of a felony, involving moral turpitude, or an offense involving a violation of an oath of office. Attendance. The absence of the Mayor or a Council member from four (4) consecutive regular meetings of the Council, or from twenty-five (25%) percent of such meetings in any calendar year, unless such absences shall be excused by the Council at the time it occurred. Absence/Failure to Perform. The absence from the City or the failure to perform the duties of office, for sixty (60) consecutive 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 sixty (60) day period. Vacancies in city offices, MCL , MSA Section Filling of vacancies. Elective Office. If a vacancy occurs in any elective office, except in the case of recall, the Council shall, within forty-five (45) days thereafter, appoint a person who possesses the qualifications required of the holder of said office who shall serve until a successor is elected for the unexpired term at the next general city election. (1) (2) If the Council fails to fill the vacancy within forty-five (45) days, or if the Council deems it advisable, a special election shall be called to fill any such vacancy. In the event the vacancy occurs on the Council at a time too late for the filing of nominating petitions for election to fill such vacancy at the next regular city election, such vacancy shall be filled by appointment for the balance of the term at the first regular meeting of the Council following such election. (3)

8 Page 8 of 58 In the event that three (3) or more vacancies in the Council exist simultaneously, or in the event four (4) or more positions on the Council are either vacant or filled by appointment, there shall be held, as soon as practicable, a special election and all said vacancies and appointed offices shall be filled thereby for the remainder of their unexpired terms. Appointive Office. If a vacancy occurs in any appointive office, such vacancy shall be filled within ninety (90) days thereafter, in the manner provided for making the original appointment. ARTICLE V. - CITY COUNCIL Section General powers and duties. All powers of the City shall be vested in the City Council, except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law. Section Composition, election and terms. (c) (d) Composition. There shall be a City Council composed of the Mayor and eight (8) Council members, two (2) to be elected from each of the wards of the City. The Mayor shall be elected by the registered voters of the City at large. Election and Terms Council. The regular election of Council members shall be held on the Tuesday succeeding the first Monday in November in every odd numbered year, in the manner provided by law. At the first election under this Charter, four (4) Council members whose seats are scheduled for reelection under the existing charter shall be elected. At the second election under this Charter, the remaining four (4) Council members shall be elected. The elected Council members shall take office at twelve o'clock a.m. on January 1 following the election. Election and Terms Mayor. The regular election of the Mayor shall be held on the Tuesday succeeding the first Monday in November in every other odd numbered year, in the manner provided by law. The first election under this Charter shall occur on the Tuesday succeeding the first Monday in November The elected Mayor shall take office at twelve o'clock a.m. on January I following the election. Terms. The Council members and the Mayor shall serve for terms of four (4) years.

9 Page of 58 Mandatory that Charter provide for election of certain officers, MCL 117.3, MSA , ; odd year general elections; applicability to home rule city, MCL j, MSA (10). Section Election procedure. All primary and general city elections for the nomination and election of officers of the City of Hastings shall be nonpartisan. The general election laws of the State of Michigan shall apply to and control, as near as may be, all procedures relating to registration and city elections, except as such general laws relate to political parties or partisan procedures, or require more than one publication of notice, and except as otherwise provided by this Charter. The compensation of all election personnel shall be determined by the Council. Michigan election law, MCL et seq., MSA et seq. Section Mayor. The Mayor shall, in addition to any powers and duties otherwise provided or required of them by law, have powers and duties as follows: (c) (d) (e) (f) (g) (h) (i) The Mayor shall be a member of the City Council and shall preside over all meetings of the Council; The Mayor shall represent the City in intergovernmental relationships; The Mayor shall appoint with the advice and consent of the Council a City Manager for an indefinite term; The Mayor shall appoint, with the advice and consent of the Council, the City Attorney for terms of one (1) year; The Mayor shall appoint, with the advice and consent of Council, the members of the Boards and Commissions; The Mayor shall be recognized as the chief executive officer of the city; The Mayor shall have all the powers and duties of a Council member including the power and duty to vote, but shall not possess the veto power; The Mayor shall execute or authenticate by his or her signature such instruments as the Council, this Charter, or any law may require; and The Mayor shall perform other duties as may be specified by the Council from time to time.

10 Page 10 of 58 Section Mayor Pro Tem. The Council shall, at its first regular meeting in each calendar year, elect from among its members a Mayor Pro Tem who shall perform the duties of Mayor during the absence or disability of the mayor and, if a vacancy occurs, shall perform the duty of Mayor until the Council fills the vacancy or calls a special election. Section Compensation; expenses. The Council may determine the annual salary of the Mayor and Council members by ordinance, or their compensation may be determined as otherwise provided by law. The Mayor and Council members shall receive their actual and necessary expenses incurred in the performance of their duties of office. Mandatory that Charter provide for compensation of officers, MCL (d), MSA , (d). Section Judge of qualifications. The Council shall be the judge of the election and qualifications of its own members and of the grounds for forfeiture of their office. The Council shall have the power to set additional standards of conduct for its members beyond those specified in the Charter and may provide for such penalties as it deems appropriate, including forfeiture of office. In order to exercise these powers, the Council shall have the power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the City at least one week in advance of the hearing. Section Investigations. The Council may make investigations into the affairs of the City and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the Council shall be a misdemeanor punishable by a fine of not more than $500.00, or by imprisonment for not more than 90 days or both.

11 Page 11 of 58 Section Meetings of council. (c) (d) (e) (f) (g) (h) Meetings. The Council shall hold two (2) regular meetings, subject to the Open Meetings Act [Act No. 267 of the Public Acts of Michigan of 1976 (MCL et seq., MSA (11) et seq.)], each month at such times and places as the Council may prescribe by rule. Special Meetings. Special meetings may be held on the request of the Mayor, the City Manager, or of two (2) or more Council members and, whenever practicable, upon no less than eighteen (18) hours notice to each member designating the time and purpose of such meeting. Special meetings of Council shall be held at the regular meeting place of the Council. Notice. No business shall be transacted at any special meeting of the Council unless the same has been stated in the notice of such meeting. Public Meetings. All regular and special meetings of the Council shall be public meetings unless otherwise provided by law and the public shall have a reasonable opportunity to be heard. Rules. The Council shall determine its own rules and order of business annually. Additionally, the Council shall provide for keeping a written or printed journal in the English language of its proceedings. The journal of each meeting of Council shall be signed by the Clerk/Treasurer and the Mayor after the approval thereof by the Council. This journal shall be a public record. Voting. Voting, except on procedural motions, shall be by roll call and the yeas and nays shall be recorded in the journal. The vote of at least five (5) members shall be required for official action by the Council, unless a larger majority is required by law, or this Charter. Except as otherwise provided in this Charter, each member of the Council shall vote on each question before the Council for a determination unless excused therefrom by a vote of at least a majority of the members of the Council or unless the provisions of applicable law would prevent them from voting. No member of Council may vote on any question upon which they have a direct financial interest. Quorum. Five (5) members of the Council shall constitute a quorum for the transaction of business, but a smaller number may adjourn any regular or special meeting from time to time. Attendance. The Council may compel the attendance at its meetings of absent members in the manner and subject to the penalties prescribed by the rules of the Council. (i)

12 Page 12 of 58 Emergency Meetings. The Council may in an emergency hold an emergency meeting which shall be a legal meeting, without written notice or time constraints, in the event of severe and imminent threat to the health, safety or welfare of the City, and if two-thirds (2/3) of the Council members vote that a delay would be detrimental to efforts to lessen or respond to the threat. Mandatory that Charter provide for public meetings, MCL 117.3(l), MSA , (l); mandatory that Charter provide for keeping of a journal of every session, MCL (m), MSA , (m); conflicts of interest as to contracts, MCL et seq., MSA (51) et seq.; standards of conduct and ethics, MCL et seq., MSA (71) et seq. ARTICLE VI. - ADMINISTRATIVE SERVICE Section Administrative officers. (c) (d) (e) (f) Officers. The administrative officers of the City shall be the City Manager, the City Clerk/Treasurer, the City Assessor, the City Attorney, the Chief of Police, the Fire Chief, the Director of Public Services, and the members of the Board of Review. Altering Offices. The Council may, by ordinance, create additional administrative offices or combine or in any way alter any administrative offices in any manner it deems necessary or advisable for the proper and efficient operation of the City. The Council may not under any circumstance eliminate the office of the City Clerk/Treasurer. Appointing Officers. All appointive administrative officers of the City, with the exception of the City Attorney and City Manager, shall be appointed by the City Manager, by and with the advice and approval of the Council. Term. Each administrative officer shall be appointed on an annual basis subject to paragraph "f" of this section. Compensation. The compensation of administrative officers shall be approved annually by the Council. Removal. All appointive administrative officers of the City, with the exception of the City Attorney and City Manager, shall hold office at the pleasure of and subject to removal by the City Manager, with or without cause. The City Attorney and the City Manager shall hold office at the pleasure of and subject to removal by the Council, with or without cause. MCL 117.3, MSA ,. Mandatory that Charter provide for the appointment of certain officers,

13 Page 13 of 58 Section City Manager. The City Manager shall be the Chief administrative officer of the City, responsible to the Council for the administration of all city affairs placed in the Manager's charge by or under this Charter, or by the Council. Qualifications. The City Manager shall have had training for or previous experience in city, public, or business administration, and shall be appointed on the basis of executive and administrative qualifications. Powers and Duties. (1) (2) (3) (4) (5) (6) (7) (8) (9) The City Manager shall be vested with all administrative powers of the City, except as otherwise provided by this Charter; The City Manager shall see that all laws, provisions of this Charter, ordinances, resolutions, and acts of the Council, subject to enforcement by the City Manager, or by officers subject to the City Manager's discretion and supervision, are faithfully executed; The City Manager shall direct, supervise, and coordinate the work of the administrative officers, departments, offices and agencies of the City, except as otherwise provided in this Charter or by law; The City Manager shall have the power to hire any City employee that does not require Council approval, and to appoint and hire the appointive administrative officers with the advice and consent of the Council. The City Manager shall have the power to suspend from employment any City employee, to remove from employment any City employee, and to remove from employment any appointive administrative officer, except as otherwise provided for by this Charter or by law; The City Manager shall attend all City Council meetings and shall have the right to take part in discussion, but shall not have the right to vote; The City Manager shall prepare and submit the annual budget proposal of the City; The City Manager shall submit to the City Council and make available to the public, a complete report on the finances and administrative activities of the City as of the end of each fiscal year or from time to time as deemed necessary; The City Manager shall establish and maintain a central purchasing service for the City;

14 Page 14 of 58 (10) The City Manager shall supervise and coordinate the personnel policies and practices of the City; (11) The City Manager shall recommend to the Council, from time to time, such measures as he or she deems necessary or appropriate for the improvement of the City administration or its services; (12) The City Manager shall furnish the Council with information and make recommendations concerning City affairs and prepare and submit such reports as may be required or which shall consolidate the reports of the several officers and departments of the City; (13) The City Manager may designate, with the advice and consent of the Council, a Deputy City Manager who shall serve in the City Manager's absence; (14) The City Manager shall possess such further powers and perform such additional duties as may be granted or required, from time to time, by the Council, so far as may be consistent with provisions of law, ordinances of the City, and this Charter. MSA , (d). Mandatory that Charter provide for duties of city officers, MCL 117.3(d), Section Clerk/Treasurer. The Clerk/Treasurer shall be the Clerk of the Council, and the custodian of all the moneys of the City and all evidences of value belonging to or held in trust by the City. Powers and Duties. (1) (2) (3) (4) (5) The Clerk/Treasurer shall attend all meetings of the Council and keep a permanent journal in the English language of every session of the Council; The Clerk/Treasurer shall keep a record of all ordinances, resolutions, and actions of the Council, and shall keep the City Manager informed with respect thereto; The Clerk/Treasurer shall have the power to administer all oaths required by law, ordinance of the City or this Charter; The Clerk/Treasurer shall be the custodian of all papers, documents, bonds, and records pertaining to the City, the custody of which is not otherwise provided for by law, ordinance of the City or this Charter; The Clerk/Treasurer shall be the custodian of the City seal and shall affix it to all documents and instruments requiring the seal of the City, and shall attest the same; (6)

15 Page 15 of 58 The Clerk/Treasurer shall give ample notice to the proper City officials of the expiration or termination of their terms of office, any official bonds, and any franchise, contract, insurance or agreement to which the City is a party; (7) (8) (9) (10) The Clerk/Treasurer shall certify, by signature, all ordinances and resolutions enacted or passed by the Council; The Clerk/Treasurer shall issue all licenses required to be issued by the ordinances of the City; The Clerk/Treasurer shall be the chief elections officer of the City; The Clerk/Treasurer shall keep and shall be the custodian of the books of account of assets, receipts, and expenditures of all departments of the City; (11) The Clerk/Treasurer shall prescribe a method of keeping accounts for all departments and offices of the City, which shall be uniform, as near as practicable, and shall conform to law; (12) The Clerk/Treasurer shall examine and verify all accounts and claims against the City, except claims for unliquidated damages. The Clerk/Treasurer shall not sign any draft, check, or warrant, until he or she has verified the correctness of the account for which the same is issued. The Clerk/Treasurer shall not allow the payment of any account unless the money has been appropriated therefor and allowed by the Council; nor shall any draft, check, or warrant for any account against the City be signed, unless sufficient money is in the fund against which it is drawn; (13) The Clerk/Treasurer shall at least once a month, and at any other time upon the direction of the Council, examine and verify all books of account kept by each officer, board, or department of the City; (14) The Clerk/Treasurer shall receive all moneys belonging to and receivable by the City that may be collected by any officials or employees of the City, including license fees, taxes, assessments, and all other charges belonging to and payable to the City, except as otherwise provided by law, ordinance of the City, and shall in all cases, give a receipt therefor; (15) The Clerk/Treasurer shall keep and deposit all money or funds of the City in such manner and only in such places as the Council may determine or as may be required by law or ordinance of the City; (16) The Clerk/Treasurer shall perform such other duties as may be prescribed by law, the Council, or by the City Manager. Mandatory that Charter provide for duties of city officers, MCL 117.3(d),

16 Page 16 of 58 MSA , (d). Section Deputies of the Clerk/Treasurer. The Clerk/Treasurer shall be entitled to appoint and remove deputies, subject to budget allowances therefor and the approval of the City Manager. Each deputy shall possess all the powers and authorities of their superior officer, except as may be limited from time to time by the superior officer or the Council. Section City Assessor. (c) The City Assessor shall possess all the powers vested in, and shall be charged with all the duties imposed upon, assessing officers by law. The City Assessor shall make and prepare all regular and special assessment rolls in the manner prescribed by law, ordinance of the City, or this Charter. The City Assessor shall perform such other duties as may be prescribed by law or by the City Manager. MSA , (d). Mandatory that Charter provide for duties of city officers, MCL 117.3(d), Section City Attorney. The City Attorney shall be the corporate counsel of the City. Powers and Duties: (1) (2) (3) (4) The City Attorney shall act as legal advisor of and be responsible to the Council in all respects concerning the performance of his or her official duties; The City Attorney shall advise the City Manager concerning legal problems affecting the City administration, and the Clerk/Treasurer and Assessor concerning their statutory and Charter duties; The City Attorney shall give an opinion in writing when requested to do so by the Council or the City Manager, and shall file with the Clerk/Treasurer a copy of all the written opinions; The City Attorney shall prosecute ordinance violations and shall represent the City in cases before all Courts and legally constituted tribunals or commission; (5)

17 Page 1of 58 The City Attorney shall prepare or officially pass upon, in writing, all ordinances or regulations and before execution, all contracts, franchises, bonds, or other instruments in which the City is concerned; (6) (7) (8) The City Attorney shall attend the meetings of the Council; Upon the City Attorney's recommendation or upon its own initiative, the Council may provide for an assistant to the City Attorney and may retain special legal counsel to handle any matter in which the City has an interest, or to assist the City Attorney in connection therewith; The City Attorney shall perform such other duties as may be prescribed by this Charter or the Council. MSA , (d). Mandatory that Charter provide for duties of city officers, MCL 117.3(d), Section Department of Public Services. The Department of Public Services shall be under the direction of the Director of Public Services. Powers and Duties: (1) (2) (3) The Department of Public Services shall be responsible for all matters relating to the construction, management, maintenance, and operation of the physical properties and services of the City; The Department of Public Services shall be responsible for all planning in connection with any changes in, improvements of, or additions to such properties or services as are required to meet the needs of the City and its inhabitants; The Department of Public Services shall be responsible for and perform such other duties as directed by the City Manager. department, MCL 117.4j et seq., MSA Permissible that Charter provide for the establishment of a city Section Police Department. The Police Department shall be under the direction of the Chief of Police. Powers and Duties. (1)

18 Page 18 of 58 The Police Officers of the City shall exercise all the immunities, privileges, and powers of Police Officers provided by law for the making of arrests, the preservation of quiet and good order, and the safety of persons and property in the City; (2) (3) The Police Officers of the City shall, without unnecessary delay, take any person arrested before the proper magistrate or court for examination or trial; The Police Officers of the City shall make and sign complaints to or before the proper officers and magistrates against any person known to be, or, upon complaint or information, believed to be, guilty of any violation of this Charter, the ordinances of the City, or the penal laws of the State. department, MCL 117.4j, MSA Permissible that Charter provide for the establishment of a city Section Fire Department. The Fire Department shall be under the direction of the Fire Chief. Powers and Duties: (1) (2) (3) (4) (5) The Fire Department shall be responsible for the prevention and extinguishment of fires and the protection of persons and property against damage and accident resulting therefrom; The Fire Chief shall be responsible for the use, care, and management of the City's fire fighting apparatus and property; The Fire Chief or any of his authorized subordinates, may command any person present at a fire to aid in the extinguishment thereof, and to assist in the protection of life or property. If any person willfully disobeys any such lawful requirement or other lawful order of any such officer, they will be deemed guilty of a violation of this Charter and shall be subject to punishment therefor as in this Charter provided; The Fire Chief shall conduct such supervisory and educational programs within the City for its inhabitants and industrial and business interests as will diminish the risk and potential of fires within the City; The Fire Chief or any of his authorized subordinates may cause any building to be pulled down or destroyed, when deemed necessary in order to arrest the progress of a fire. In such case no action shall be maintained against the City or any person therefor. If any person having an interest in such building shall apply to the Council within three months after the fire for damages or compensation for such building,

19 Page 1of 58 the Council may pay said person such compensation as it may deem just. The Council may ascertain the amount of such damage or compensation by agreement with the owner of the property or by the appraisal of a jury selected in the same manner as in the case of juries selected to appraise damages for the taking of property for public use. No compensation shall be paid on account of any loss which would probably have occurred to a building if it had not been pulled down or destroyed under authority of this section. However, nothing herein shall interfere with the jurisdiction of the courts to hear claims properly before the courts. Permissible that Charter provide for the establishment of a city department, MCL 117.4j, MSA ARTICLE VII. - CITY LEGISLATION [2] Footnotes: --- ( ) --- State constitutional law reference General authority relative to adoption of ordinances, Mich. Const. 1963, Art. VII, 22. Mandatory that Charter provide for ordinances, MCL 117.3(k), MSA , (k). Section Status of Charter. This Charter shall constitute the governing law of the City of Hastings, subject only to the Constitution and general laws of the State of Michigan and of the United States of America. Section Prior city legislation preserved. In order to preserve and provide for the public health and welfare and for the safety of persons and property, the bylaws, ordinances, resolutions, rules and regulations of the City of Hastings, which are not inconsistent with the provisions of this Charter and which were in force and effect on the effective date of this Charter shall continue in full force and effect. Those provisions of any effective bylaw, ordinance, resolution, rule or regulations which are inconsistent with this Charter are hereby repealed. Section City Code. All legislation of the City of Hastings, other than this Charter, shall be by resolution or by ordinance.

20 Page 20 of 58 Resolution. The word resolution as used in this Charter shall be the official action of the Council in the form of a resolution or motion which does not constitute an ordinance or a step in the adoption of an ordinance, and such action shall be limited to matters required or permitted to be done by resolution by this Charter or by law and to matters pertaining to the internal affairs or concerns of the City government. All other acts of the Council, and all acts carrying a penalty for the violation thereof, shall be by ordinance. Ordinances. (1) (2) (3) (4) (5) (6) (7) (8) Each proposed ordinance shall be introduced in written form; Each ordinance shall be identified by a number and short title; The style of all ordinances adopted by the Council shall be, "The City of Hastings Ordains"; Unless declared to be an emergency ordinance by a vote of not less than six (6) members of the Council, no ordinance shall be adopted by the Council until at least two (2) weeks have elapsed following the introduction thereof; The effective date of an ordinance shall be prescribed therein; however, an ordinance shall not become operative until published in accordance with 7.4 of this Charter, or in the manner prescribed by law. The effective date shall not be earlier than fifteen (15) days after enactment, except that ordinances immediately necessary for the preservation of the public peace, health, or safety may be enacted on the date of introduction and given immediate effect by the affirmative vote of six (6) members of the Council present at the time of enactment. Any ordinance of the City may be repealed by ordinance by reference to its number and title; Any ordinance of the City may be amended by ordinance and each section or sections shall be reenacted and published at length; All ordinances, when enacted, shall be immediately recorded by the Clerk/Treasurer in a book to be called "The Ordinance Book"; and it shall be the duty of the Mayor and Clerk/Treasurer to authenticate such record by their official signatures thereon; Section Publication of ordinance. Time. Each ordinance adopted by the Council shall be published in a local newspaper at least one (1) time after its adoption by the Council before it shall become operative. Mandatory that Charter provide for publication of all ordinances before

21 Page 21 of 58 they become operative, MCL 117.3(k), MSA , (k). Section Penalties. The Council shall provide for the punishment of violations of the ordinances of the City, which provision will also apply to violations of this Charter or misconduct in office. Punishment. No punishment shall exceed a fine of Five Hundred ($500.00) Dollars or imprisonment for ninety (90) days, or both in the discretion of the Court. Imprisonment. Imprisonment may be in the City or county jail, or in any work house or penal institute of the state authorized by law to receive prisoners of the City. Limitation on penalties, MCL 117.4i(k), MSA , (k). Section Technical codes. The Council may adopt, as a City ordinance, any provision of state law or any detailed technical code or set of regulations which has been promulgated by the State of Michigan, or by departments, boards or agencies thereof, or by any organization or association which is organized and conducted for the purpose of developing any such code or set of regulations, by reference thereto in any adopting ordinance and without publishing such technical code or set of regulations in full, provided, that such code or set of regulations is fully identified in said ordinance and that the purpose of said code or set of regulations shall be published with the adopting ordinance and that printed copies thereof are kept in the office of the Clerk/Treasurer, available for distribution to the public at all times. Such publication shall contain notice to the effect that a complete copy of said code or set of regulations is available for public use and inspection in the office of the Clerk/Treasurer , (k). Authority to adopt technical codes by reference, MCL 117.3(k), MSA Section Compilation or codification. Copies. Copies of all ordinances enacted and amendments to the City Charter adopted after the effective date of this Charter shall be available at the office of the Clerk/Treasurer. [Publication.] Within two (2) years after the adoption of this Charter, and at least once in every ten (10) years thereafter, the Council shall direct and complete the compilation or codification and the publication of the Charter and of all ordinances of the City then in force,

22 Page 22 of 58 in looseleaf form, and may provide for a reasonable charge for copies thereof. In case the codification or compilation shall have been maintained current and up-to-date during any ten (10) year period, no recompilation or recodification of the ordinances of the City shall be required during or at the end of such period. The adoption of any such code by the Council shall constitute a repeal of all ordinances of the City which are in existence and effective at the time of such adoption, without further action or reference thereof by the Council, unless any of such ordinances be specifically continued by the provisions of such code. (c) Certification. Copies of ordinances and of any compilation code, or codes referred to in this chapter may be certified by the Clerk/Treasurer, and, when so certified, shall be competent evidence in all courts and legally established tribunals as to the matters contained therein. Codification authority, MCL 117.5b, MSA (2). Section Initiative and referendum. The electors of the City may initiate any ordinance or secure a referendum on any ordinance of the City by petition. Permissible that Charter provide for initiative and referendum, MCL 117.4i (g), MSA , (g). Section Initiative or referendum petition. (c) Signatures. An initiatory or a referendary petition shall be signed by registered electors of the City equal to not less than fifteen (15%) percent of the number of registered electors of the City according to the records of the Clerk/Treasurer on the date of the last previous regular City election. City Attorney Opinion. Upon the request of any person circulating an initiatory or a referendary petition, it shall be the duty of the City Attorney to give an opinion thereon promptly as to whether it complies with the requirements of this Article as to the form of the petition and proposed ordinance. The City Attorney shall produce a written opinion on initiatory and referendary petitions that he or she determines are not in compliance with this Article. Form, requirements, procedure. Any initiatory or referendary petition filed with the Clerk/Treasurer must be in the following form and fulfill the following requirements. (1) An initiatory or referendary petition may be the aggregate of two (2) or more petition papers;

23 Page 23 of 58 (2) (3) (4) (5) (6) (7) (8) Each signer of a petition shall sign their name and shall place thereon after their name, the date and place of residence by street and number, or by other customary designation; To each petition paper there shall be attached a sworn affidavit by the circulator thereof, stating that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was signed in the presence of the affiant; An initiatory or referendary petition shall be filed with the Clerk/Treasurer who shall, within ten (10) days, canvass the signatures thereon to determine the sufficiency thereof; Any signature which has been altered or obtained more than sixty (60) days prior to the filing date of said petition with the Clerk/Treasurer shall not be counted; The Clerk/Treasurer shall notify, forthwith, the person filing an initiatory or referendary petition found to contain an insufficient number of signatures of registered electors, or to be improper as to form or compliance with the requirements of this Article. The person filing an initiatory or referendary petition that fails to comply with this Article shall be allowed to file supplemental petition papers within ten (10) days of receipt of such notification by the Clerk/Treasurer; The Clerk/Treasurer shall certify any initiatory or referendary petition that is sufficient and proper and shall present the petition to the Council at its next regular meeting. Section Initiative or referendum petition Council procedure. Upon receiving an initiatory or referendary petition initiating an ordinance from the Clerk/Treasurer, the Council shall, within thirty (30) days, either: If it be an initiatory petition, adopt the ordinance as submitted in the petition, or determine to submit the proposal to the electors of the City and provide for the holding of the election thereon; or If it be a referendary petition, repeal the ordinance to which the petition refers or determine to submit the proposal to the electors of the City and provide for the holding of the election thereon. Section Initiative or referendum petition Submission to electors.

24 Page 24 of 58 Should the Council decide to submit the proposal to the electors, it shall be at the next election held in the City for any purpose, or, in the discretion of the Council, at a special election. The result shall be determined by a majority vote of the electors voting thereon, except in cases where otherwise required by law. Restrictions on number of special elections, MCL 117.5(c), MSA , (c); special election approval, MCL , , MSA , Section Initiative or referendum petition Ordinance suspended. The certification by the Clerk/Treasurer of the sufficiency of a referendary petition within thirty (30) days after the passage of the ordinance to which such petition refers shall automatically suspend the operation of the ordinance in question, pending repeal by the Council or the final determination by the electors thereon. Section Initiative or referendum petition Initiated ordinance. An ordinance adopted by the electors through initiatory proceedings may not be amended or repealed by the Council for a period of two (2) years after the date of the election at which it was adopted. Should two (2) or more ordinances, adopted at the same election, have conflicting provisions, the one receiving the largest affirmative vote shall prevail as to those provisions. ARTICLE VIII. - GENERAL FINANCE [3] Footnotes: --- ( ) --- Uniform budgeting and accounting act, MCL et seq., MSA (21) et seq. Section Fiscal year. The fiscal and budget year of the City shall begin on the first day of July of each calendar year. Section Budget. The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the City Manager deems desirable or the City Council may require.

25 Page 25 of 58 Section Budget procedure. On or before the fifteenth (15) day of February in each year, each City officer and department head shall submit to the City Manager an itemized estimate of its expected income and expenditures during the next fiscal year for the department or activities under its control. The City Manager shall compile such information and list the same upon a budget proposal form. The City Manager shall review such budget requests, and enter his/her budgetary recommendations for each item requested by the several officers and departments, with such additions thereto and deletions therefrom as deemed proper. Not later than the first meeting of the Council in April of each year, the City Manager shall submit to the Council a recommended budget for the next fiscal year which, considering any anticipated unexpended balance at the end of the current fiscal year, is within the tax limit and other anticipated revenue of the City. In addition to the foregoing information, such recommended budget shall include therein at least the following information: (c) (d) (e) (f) The detailed estimates of the City Manager with supporting explanation, of proposed expenditures for each department and office of the City, with a comparison of the actual appropriations for corresponding items for the last preceding fiscal year, in full, and the appropriations for the current fiscal year, with any major changes from the preceding budget to be noted; Statements of bonded and other indebtedness of the City showing the debt redemption and interest requirements, the debt authorized and unissued, and the consideration of sinking funds, if any; Detailed estimates of all anticipated revenues of the City from sources other than taxes and borrowing with a comparative statement of the amounts estimated for and actually received from each of the same or similar sources for the last preceding fiscal year, in full, and current fiscal year; A statement of the estimated accumulated cash and unencumbered balances, at the end of the current fiscal year; An estimate of the amount of money to be raised from taxes to be levied, from delinquent taxes, and the amount to be raised from bond issues which, together with available unappropriated funds and any revenues from other sources, will be necessary to meet the proposed expenditures.[;] Such other supporting schedules as the Council may deem necessary. Section City council action on budget.