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1 Page 1 of 49 City of Rockwood, MI Friday, March 30, 2012 Chapter C. CHARTER [HISTORY: Adopted by the City Council of the City of Rockwood Amendments noted where applicable.] GENERAL REFERENCES Boards and Commissions See Ch. 40. Bureau of Fire Prevention See Ch. 86. Officers and employees See Ch Chapter 1. C-1.1. Name of City. The municipal corporation now existing and known as the "City of Rockwood" shall be and continue a municipal corporation under the name of City of Rockwood. C-1.2. Boundaries. The City shall embrace the territory constituting the City of Rockwood on the effective date of this Charter, together with such annexations thereto and less such detachments therefrom as may be made thereafter. Upon annexation or detachment of territory, the boundaries shall be deemed changed without amendment to this section. A. Land in Town 5 South, Range 10 E., Township of Brownstown, County of Wayne, State of Michigan, described as: (1) Beginning at the northwest corner of Section 9, Town 5 South, Range 10 East, thence easterly along the north line of said Section 9, to the east line of the west half of the southwest 1/4 of Section 4, Town 5 South, Range 10 East, thence northerly along the east line of the west 1/2 of the southwest 1/4 of said Section 4, feet more or less, to the center line of Woodruff Road (66.00 feet wide); thence easterly and southeasterly along the center line of Woodruff Road, to a point on the north line of said Section 9; thence easterly along the north line of said Section 9, and the north line of Section 10, to a point on the westerly line of the Michigan Central Railroad Company's right-of-way, said point being feet more or less, westerly from the northeasterly corner of said Section 10; thence southerly along the westerly line of the Michigan Central Railroad right-of-way, feet more or less, to a point on the 1/8 Section Line (so-called) of said Section 10 located 80 rods (more or less) south of the north line of said Section 10; thence east, along said one-eighth Section Line (so-called) to a point on the east line of said Section 10; thence south along the east line of said Section 10 and Section 23 to its intersection with the center line of the Huron River; thence following the center line of the Huron River, upstream in a general northwesterly direction to its intersection with the east line of the Hall Farm, so-called, located in Section 8, Town 5 South, Range 10 East; thence north 30 07' east along said east boundary line of the Hall Farm to its intersection with the center line of Huron River Road; thence southeast along center line of said Huron River Road feet to its intersection with the west section of Section 9, Town 5

2 Page 2 of 49 South, Range 10 East; thence north along the west line of said Section 9 to the northwest corner of said section, or the place of beginning. Chapter 2. Powers C-2.1. Powers of the City. The City shall have all powers, privileges and immunities possible for a City to have under the Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter. C-2.2. Interpretation. A. The powers of the City under this Charter shall be construed liberally in favor of the City, and specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power stated in this chapter. B. The City and its officers shall have power to exercise all municipal powers in the management and control of municipal property and in the administration of the municipal government for the public peace and health and for the safety of persons and property, whether such powers be expressly enumerated herein or not; to do any act to advance the interests of the City, the good government and prosperity of the municipality and its inhabitants, and through its regularly constituted authority, to pass and enforce all laws, ordinances and resolutions relating to its municipal concerns, subject to the Constitution and general laws of this state and provisions of this Charter. C-2.3. Further definition of powers. A. In addition to the powers possessed by the City under the Constitution and statutes, and those set forth throughout this Charter, the City shall have power with respect to, and may, by ordinance and other lawful acts of its officers, provide for the following, subject to any specific limitations placed thereon by the Charter and by statute law. (1) The acquisition, by purchase, gift, condemnation, lease, construction or in any manner permitted by statute, of private property of every type and nature for public use, which property may be located within or without the County of Wayne, and which may be required for or incidental to the present or future exercise of the purposes, powers and duties of the City, either proprietary or otherwise. (2) The maintenance, development, operation, leasing and disposal of City property subject to any restrictions placed thereon by statute or this Charter. (3) The refunding of money advanced or paid in special assessment districts. (4) The installation and connection of conduits for the service of municipally owned and operated electric lighting plants. (5) The purchase or condemnation of the franchises and of the property used in the operation of companies or individuals engaged in the cemetery, hospital, almshouse, electric light, gas, heat, water and power business. (6) The use, regulation, improvement and control of the surfaces of such streets, alleys and public ways, and of the space above and beneath them. (7) The use, by other than the owner, of property located in streets, alleys and public places, in operation of a public utility, upon the payment of a reasonable compensation to the owners thereof.

3 Page 3 of 49 (8) A plan of streets and alleys within and for a distance of not more than three miles beyond the municipal limits. (9) The use, control and regulation of streams, waters and watercourses within its boundaries and the operation of all watercraft upon them, subject to any limitations imposed by statutes, providing that the enlarging, extending, dredging, cleaning, repairing or otherwise improving streams, canals and other waterways within its boundaries may be defrayed by special assessments upon the property in special districts specially benefited in proportion to the benefits derived or to be derived; the cost of service, plans and expense incident to the proceedings for making such improvement shall be deemed to be a part of the cost of the improvement. (10) The acquisition, construction, establishment, operation, extension and maintenance of facilities for the docking of all watercraft and sea planes within its corporate limits, including the fixing and collection of charges for use thereof; and for such purpose or purposes, to acquire by gift, purchase, condemnation or otherwise the land necessary therefor and for regulating shipping, dockage, storage, warehousing and all other commercial and/or other industrial waterfront uses, and regulating and restricting locations of boat liveries and marinas. (11) The securing by condemnation, by agreement or purchase, or by any other means, of an easement in property abutting or adjacent to any navigable body of water for the purpose of securing the privilege and right to construct, own and maintain along or adjacent to any navigable body of water an elevated structure of one or more levels for use as a vehicular or pedestrian passageway, or for any other municipal purpose, including a tunnel. (12) The acquisition, establishment, operation, extension and maintenance of facilities for the storage and parking of vehicles within its corporate limits, including also the fixing and collection of charges for service and use thereof on a public utility basis, and for each purpose to acquire by gift, purchase, condemnation or otherwise the land necessary therefor. (13) Regulating and restricting the locations of oil and gasoline stations. (14) The establishing of districts or zones within which the use of land and structures, the height, the area, the size and the location of buildings, required open spaces for light and ventilation of such buildings and the density of population may be regulated by ordinance in accordance with statutory provisions governing zoning. (15) The regulating of trades, occupations and amusements within the City, not inconsistent with state and federal laws; and for the prohibiting of such trades, occupations and amusements as are detrimental to the health, morals or welfare of its inhabitants. (16) Licensing, regulating, restricting and limiting locations of advertising signs or displays and billboards within the City. (17) The preventing of injury or annoyance to the inhabitants of the City from anything which is dangerous, offensive or unhealthful, including water, air and noise pollution, and for the preventing and abating of nuisances and punishing those occasioning them or neglecting or refusing to abate, discontinue or remove the same. (18) The prescribing of the terms and conditions upon which licenses may be granted, suspended or revoked; requiring payment of reasonable sums for licenses; requiring the furnishing of a bond to the City for the faithful observance of the conditions under which licenses are granted; and otherwise conditioning such licenses as the Council may prescribe.

4 Page 4 of 49 (19) The regulating of all airports/heliports located within its boundaries, and, for the purpose of promoting and preserving the public peace, safety and welfare, controlling and regulating the use of air above the City by aircraft of all types. (20) The prohibiting or regulating of the use, occupancy, sanitation and parking of house trailers, motor homes and/or travel trailers within the City, and the right of the City to so regulate any house trailer, motor home and/or travel trailer shall not be abrogated because of any detachment thereof from its wheels or because of placing it on or attaching it to the ground by means of any temporary or permanent foundation or in any manner whatsoever. (21) The requiring of an owner of real property within the City to abate public hazards and nuisances which are dangerous to the health or safety of inhabitants of the City within a reasonable time after the Council notifies him that such hazard or nuisance exists, and if the owner fails to comply with such requirements, or if the owner is unknown, to abate such hazard or nuisance and assess the cost thereof against such property in accordance with C (22) The compelling of owners of real property within the City to keep sidewalks abutting upon their property clear from snow, ice or other obstructions, and if the owner fails to comply with such requirements, to remove such snow, ice or other obstructions and assess the cost thereof against the abutting property in accordance with C (23) Requiring the platting of all land or premises within the City hereafter subdivided, in accordance with the terms and conditions as may be provided by ordinance, subject to any limitations imposed by statute. (24) The control over all trees, shrubs and plants in the public streets, highways, parks or other public places in the City, all dead and diseased trees on private property, and trees on private property overhanging the street, sidewalk or public places and the appropriate removal thereof and assessing the cost thereof against the property in accordance with C (25) The control of all sidewalks of public streets and alleys of the City and may prescribe the grade thereof and change the same when deemed necessary. Council shall also have authority to require owners and occupants of lots and premises to build, rebuild and maintain sidewalks in the public streets adjacent to and abutting upon such lots and premises, and to keep them in repair at all times, and to construct and lay the same upon such lines and grades and of such widths, materials and manners of construction, and within such time as Council shall by ordinance or resolution prescribe, and the expense thereof to be paid by such owner or occupant. (26) To enact a building and housing code; to regulate the erection and repair of buildings and to require building permits therefor; to prevent the erection of unsafe buildings and to provide for the removal of any such buildings; and to regulate the maintenance and occupancy of buildings insofar as the same affect health and safety. (27) To regulate and license hotels, rooming houses, boardinghouses and restaurants. (28) To prohibit or to regulate and license public billiard and pool tables, public billiard and pool rooms, bowling alleys, arcades and video game centers, and to restrict the location thereof. (29) To regulate and license theaters, motion picture shows, public shows, exhibitions and other amusements not specifically mentioned in this Charter. (30) To regulate and license auctioneers, pawnbrokers, hawkers, peddlers, solicitors, transient merchants, junk dealers and junk yards.

5 Page 5 of 49 C-2.4. Intergovernmental contracts. The City shall have power to join, with any governmental unit or agency, or with any number or combination thereof, by contract or otherwise as may be permitted by law to have performed jointly or by one or more of them for or on behalf of the other or others or by any other person, firm or corporation, any power or duty which is permitted to be so performed by law or which is possessed by, or imposed upon, each such governmental unit or agency; provided, however, any such contract or contracts shall provide an escape clause in favor of the City. Chapter 3. Organization of Government The following shall constitute the organization of City government: C-3.1. Mayor and Council. A. There shall be a Mayor and six Councilmen who shall be nominated and elected by the electors of the City at large. The Council shall be composed of seven members consisting of a Mayor and six Councilmen. B. The Mayor shall be the executive head of the City. C. The Council shall constitute the legislative body of the City and shall have power and authority, except as in this Charter or by statute otherwise provided, to exercise all powers conferred upon or possessed by the City, and shall have the power and authority to adopt such laws, ordinances and resolutions as it shall deem proper in the exercise thereof. In all cases where the word "Council" is used in this Charter, the name shall be synonymous with the word commission or any other term used in any state or federal law in referring to municipal legislative bodies. C-3.2. Qualifications of Councilmen. Members of the Council shall meet the eligibility requirements contained in C-5.1 of this Charter. The Council shall be the sole judge of the qualifications of its own members, subject only to review by the Court. C-3.3. Clerk, Treasurer and Assessor created. There shall be a Clerk and a Treasurer, both of whom shall be nominated and elected by the electors of the City at large. There shall be an Assessor who shall be appointed by the Mayor as provided in C-3.7 of this Charter. C-3.4. Qualifications of Clerk, Treasurer and Assessor. The Clerk, Treasurer and Assessor shall meet the eligibility requirements contained in C-5.1 of this Charter. C-3.5. Compensation of elective officers. The elective officers of the City shall be entitled to receive as full compensation for their services an annual salary to be paid quarterly as established by the Local Officers Compensation Commission. The salaries of the elected officials, except as otherwise provided in this Charter, shall constitute the only compensation which may be paid to the elected officials for the discharge of any official duty for and on behalf of the City during their tenure of office. However, elected officials may, upon order of the Council, be paid such bona fide expenses incurred in service on behalf of the City as are authorized, itemized and approved by the Council.

6 Page 6 of 49 C-3.6. Mayor Pro Tem. A. The Councilman who receives the highest number of votes cast at the first election after this Charter is voted upon, and thereafter the Councilman who shall have served a tenure of two years and has received the highest number of votes cast at the time of his election to office, shall be the Mayor Pro Tem unless such Councilman shall, in writing, notify the Clerk of his or her declination to so serve before such appointment becomes effective, in which event the Council shall designate another of its members to serve as Mayor Pro Tem. The Mayor Pro Tem shall serve until the first Council meeting following the biennial election. In case of absence or disability of the Mayor, the Mayor Pro Tem shall perform the duties of the Mayor during the period of such absence or disability, and in the event of the absence or disability of both the Mayor and Mayor Pro Tem, the Council shall designate another of its members to serve as acting Mayor during such absences or disabilities. B. No additional compensation shall attach to the office of Mayor Pro Tem. C-3.7. Administrative officers. A. The elective administrative officers of the City shall be the Mayor, City Clerk and City Treasurer. The appointive administrative officers of the City shall be the Administrative Coordinator, City Assessor, City Attorney, Chief of Police, Fire Chief, City Engineer, Director of Public Works and such additional administrative officers or departments as may be created by ordinance. B. The Council may, by ordinance, create additional administrative offices and departments and may, by ordinance, combine any administrative offices and departments in any manner it deems necessary or advisable for the proper and efficient operation of the City and shall prescribe the functions of each office and department and the duties, authorities and responsibilities of the offices of each department, except as otherwise provided in this Charter. C. The Mayor shall, within 30 days after his taking of office following his election for the office of Mayor, appoint, subject to the approval and confirmation by majority vote of the Council, those administrative officers and department heads of the City government whose office is subject to appointment, whether the office be established by this Charter or as may be created by ordinance. In case the Mayor fails to make any such appointments within the herein provided 30 days, then the Council may make such appointments as the case may be. These administrative appointments shall be made on the basis of executive ability and of the training and experience of such appointees in the work which they are to perform. D. The appointive administrative officers and department heads shall be responsible to the Council, except as otherwise provided by this Charter, and shall serve for a specified term, by ordinance, and shall have their compensation fixed by the Council. E. The Council, however, shall have the power, by majority vote of its members, to remove from office any appointive administrative officer or department head. Removal of administrative officer(s) or department head(s) appointed by the Council, or of members of boards or commissions, shall be made for either of the following reasons: for any reason specified by statute for removal of City officers by the Governor or for any act declared by this Charter to constitute misconduct in office. Such removals by the Council shall be made only after a hearing of which such officer or department head has been given notice by the Clerk at least 10 days in advance, either personally or by delivering the same at his last known place of residence. Such notice shall include a copy of the charges against such officer. The hearing shall afford an opportunity to the person to be heard in his defense, in person or by attorney, to cross-examine witnesses and to present testimony. If such person shall neglect to appear at, or respond to, such hearing and answer such charges, his failure to do so may be deemed cause for his removal. A majority vote of the members of the Council in office at the time, exclusive of any member whose removal is being considered, shall be required for such removal.

7 Page 7 of 49 F. Such removed officer or officers shall not be reappointed to the same office during the same term of the office of said Mayor. However, such removed officer may be appointed by the Mayor to another office, but such appointment shall not be effective until it is confirmed by majority vote of the Council. In case the Council shall so remove any appointee of the Mayor, the term of office of such appointee shall terminate, and the Mayor shall proceed to fill the vacancy in the manner so set forth for the appointment of administrative officers and department heads. In case the Mayor fails to make any such reappointments within 30 days after the termination, the Council shall make such reappointment, as the case may be. C-3.8. The Mayor. Under the provisions of this Charter, the Mayor shall, in addition to any powers and duties otherwise provided by law, have powers and duties as follows: A. Shall be the executive head of the City; B. Shall have a voice and vote in all proceedings of the Council equal with that of the other members of the Council, but shall have no veto power; C. Shall be the presiding officer of the Council; D. Shall be the conservator of the peace and, in emergencies, may exercise within the City the powers conferred upon sheriffs to suppress riot and disorder, and shall have the authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances and regulations of the Council and the authority of the City government; E. Shall execute or authenticate by his signature such instruments as this Charter or any statutes of the State of Michigan or the laws of the United States shall require; F. Shall see that all the laws and ordinances are enforced; G. Shall see that all terms and conditions imposed in favor of the City or its inhabitants, in any public utility franchise or any contract, are faithfully kept and performed; H. Shall be responsible for the preparation, submission and administration of the annual budget; I. Shall recommend to the Council for adoption such measures as he may deem necessary or expedient; J. Shall be responsible for the effective management of all departments of the City government; K. Shall have such other powers and perform such other duties as may be prescribed by law or this Charter or as may be required of him by ordinance or direction of the Council; L. Shall approve the rules and regulations of the several departments of the City government; M. Shall be recognized as the official head of the City for all ceremonial purposes; N. Shall be responsible for the submission of an annual report of the affairs of the City. Copies of such annual report shall be made available for public inspection at the office of the Clerk within 30 days after receipt of the audit. C-3.9. City Clerk. The Clerk shall: A. Be the Clerk of the Council and shall attend all meetings of the Council and shall keep a permanent journal of its proceedings and sessions in the English language and shall authenticate the same by affixing his signature;

8 Page 8 of 49 B. Certify by his signature all ordinances and resolutions enacted or adopted by the Council; C. Keep a public record of all proceedings of the Council and shall authenticate the same by his signature; D. Be custodian of all papers, documents, bonds and records pertaining to the City, unless custody thereof is otherwise provided by law or this Charter; E. Be custodian of the City seal and shall affix it to documents and attest the same; F. Give notice to City officers, personally, of the expiration of the terms of their respective offices and of any official bonds required of them; G. Under authority of the Council, sign or countersign all contracts, deeds, licenses or other public documents, communications and correspondence on behalf of the City and shall keep a record thereof; H. Publish and post all notices, proceedings and other matters required to be published or posted by law, this Charter or ordinance; I. Be the Chief Elections Officer of the City; J. Perform such other duties as may be required of him by law, this Charter, the Mayor and/or the ordinances and resolutions of the Council; K. Have the power to administer oaths of office. C City Treasurer. The Treasurer shall be the Chief Accounting Officer of the City and shall: A. Have custody of all monies, funds and securities of the City, keep accounts thereof, deposit same in the manner and in the places designated by the Council and report the same forthwith in detail to the Council; B. Except as otherwise provided by this Charter or by ordinance, collect all monies of the City, including charges for water and sewer services. He shall receive from other officers and employees all monies belonging to and receivable by the City that may be collected by them and shall give receipts therefor. C. For the collection of taxes, have and exercise all of the powers and immunities which are granted and reserved to him by this Charter and by law; D. Disburse all City funds in accordance with the provisions of law and this Charter and shall sign or countersign all checks or warrants accordingly; E. Establish and maintain a general accounting plan for the City government, which shall conform to any uniform system of accounting prescribed for cities by law; F. Act as advisor and assist the Mayor in the formulation of each annual budget proposal; G. Keep a separate account of each item of budget appropriation made by the Council to a City administrative unit, and to other governmental units and agencies, to the extent and in the manner required by law; H. Keep a daily account of all monies received and disbursed on behalf of the City and shall keep a separate account with every department and for each improvement for which funds are appropriated or raised by tax or assessment;

9 Page 9 of 49 I. Draw no check or draft for the payment of any claim against, or obligation of, the City unless it states particularly against which fund it is drawn. No fund shall be overdrawn nor shall any check or draft be drawn against one fund to pay a claim chargeable to another. J. Render quarterly and at such other times as the Mayor or the Council may direct a detailed report to the Mayor and Council of the funds and financial condition of the City; K. Perform such other duties as may from time to time be prescribed by law or by ordinance of the Council, not inconsistent with the provisions of this Charter or the laws of the State. C Administrative Coordinator. The Administrative Coordinator shall be responsible for the supervision of all administrative services of the City, except as otherwise provided by the Charter. He shall be chosen on the basis of his executive and administrative ability and shall be a full-time administrative officer. He shall be appointed by the Mayor, subject to the approval and confirmation by majority vote of the Council. He shall serve for a specified term and shall have his compensation fixed by the Council by resolution. The Administrative Coordinator shall assist the Mayor by: A. Coordinating the work of all administrative offices, including City Clerk and Treasurer and such additional administrative offices as the Council may from time to time establish, providing for efficient administration of all departments of the City government; B. Assisting in the preparation and administration of the annual budget; C. Keeping informed with respect to the operation of the several administrative departments, and, to that end, the heads of all administrative departments shall furnish him with such information and periodic or special reports as the Mayor and Council may deem necessary; D. Performing such additional duties as may be directed by the Mayor and Council; E. Attending all Council meetings, but shall have no vote in Council proceedings; F. Preparation of Council agendas and information packets for meetings and workshops; G. Serving as general office manager of City Hall; H. Acting as liaison between Council and City boards and commissions; I. Completion of various reports, questionnaires, surveys and other requests for information about the City; J. Coordination of City purchasing, within budget; K. Preparation and implementing of grant applications; L. Handling complaints about City services and providing answers to citizen inquiries; M. Serving as Community Development Director and Personnel Coordinator; N. Representing the City to external boards as directed by Council; O. Implementing appropriate and adequate surety bonds for all personnel as required by this Charter or ordinance (refer to C-5.14, Surety Bonds); P. Receiving reports of the activities of each department at the end of each month and preparing a summary of all such reports for submission to the Council; Q. Updating and maintaining the Administrative Manual;

10 Page 10 of 49 R. Notifying proper officials of the expiration or termination of each franchise and contract to which the City is a party. C City Assessor. The Assessor shall possess all the powers vested in and shall be charged with the duties imposed upon assessing officers by statute. He shall prepare all regular and special assessment rolls in the manner prescribed by C-9.6 of this Charter or by ordinance or statute. He shall perform such other duties as may be prescribed for him in this Charter or by the Council. C City Attorney. A. The Attorney shall: (1) Be attorney and counsel for the City and be responsible to the Council; (2) Act as legal advisor to the Mayor and attorney and counsel for the Council and all of its members relating to their official duties; (3) Give written opinions to any officer, department head or commission of the City when requested in writing by the Mayor, the Council or the commission to do so and file with the Clerk a copy of the same; (4) Prosecute ordinance violations when so directed by the Council and represent the City in cases before courts and other tribunals and shall file with the Clerk copies of such records and files relating thereto as the Council may direct; (5) Prepare or review all ordinances, regulations, contracts, bonds and such other instruments as may be required by this Charter or by the Council and shall promptly give his opinion as to the legality thereof; (6) Attend all regular meetings of the Council, and other meetings as requested by the Council. B. Upon recommendation of the Attorney, or upon its own initiative, the Council may retain special legal counsel to handle any matter in which the City has an interest or assist in counsel with the City Attorney therein. C Chief of Police. The Chief of Police shall be the administrative head of the Police Department and shall be accountable and responsible to the Mayor for the performance of his duties. He shall perform all duties prescribed for him by law, this Charter, the Mayor and/or ordinances or resolutions of the Council. C Fire Chief. The Fire Chief shall be the administrative head of the Fire Department and shall be accountable and responsible to the Mayor for the performance of his duties. He shall be responsible for the function and duties of a Fire Marshal. He shall perform all duties prescribed for him by law, this Charter, the Mayor and/or ordinances or resolutions of the Council. C City Engineer. A. The Mayor and Council shall, from time to time as the need arises, secure the services of a City Engineer. He shall be a registered engineer and qualified to act within the State of Michigan and shall be accountable and responsible to the Mayor for the performance of his duties.

11 Page 11 of 49 B. He shall be responsible for all engineering work required in the administration of the functions of the City government. C. He shall be responsible for the preparation of all necessary plats, maps, surveys, diagrams and estimates of cost required by the Council or the administrative services of the City relating to the buildings, grounds, streets, parks and public improvements of the City. D. He shall have and exercise within the City the rights, powers and duties as are conferred by law upon county surveyors. E. He shall perform such other duties as are prescribed by law, this Charter, the Mayor and/or ordinances or resolutions of the Council. C Director of Public Works. A. The Director of Public Works shall be the administrative head of the Department of Public Works and shall be accountable and responsible to the Mayor for the performance of his duties. B. He shall be responsible for the maintenance, alteration, improvement and repair of streets, sidewalks, sewers, sewage disposal facilities, water mains and water facilities and all other public grounds, buildings, facilities and equipment which are not placed under the charge of some other department by this Charter, the Mayor and/or the Council in accordance with the authority granted by this Charter. C. He shall perform such other duties as may be prescribed by law or this Charter or as may be required of him by the Mayor or Council. C Personnel. A. The full-time personnel other than elected and appointive officers shall be deemed City employees. B. The Council may, with respect to City employees, establish a system for their selection, tenure, promotion, demotion, discharge and fixing of terms and conditions of employment of City employees. The City shall not discriminate on the grounds of sex, race, color, religion or national origin. C Appointive department officers. The head of each department shall have the power to hire, suspend, discharge or otherwise take other appropriate disciplinary action against the employees of his department, with confirmation by the Council. An employee who has been discharged may, within 10 days thereafter, petition the Council to hear the facts regarding such discharge, and in such case, the Council may, in its sole discretion, order a hearing and inquire into such facts and may make such decision in the matter as it considers proper. C Deputy administrative officers. The administrative officers may recommend to the Council the appointment and/or termination of their respective deputies and may also recommend a person or persons to such office. Such deputies as may be appointed by the Council shall, in any case, possess all of the powers and authorities of their superior officers except as the same may be from time to time limited by their superior officers. C Local Officers Compensation Commission. A Local Officers Compensation Commission is created which shall determine the salaries of each elected official.

12 Page 12 of 49 A. The Commission shall consist of five members. The members shall be registered electors of the City, appointed by the Mayor, subject to approval of the Council. The terms of office shall be five years, except that the members first appointed shall be appointed for terms of one, two, three, four and five years, on a staggered basis, so that the term of one member expires each year. Members other than the first members shall be appointed before October 1 of the year of the appointment for a term of five years. Vacancies shall be filled for the remainder of the unexpired term. A member or employee of the legislative, judicial or executive branch of government shall not be a member of the Commission. B. The Commission shall determine the salary of each local elected official. The determination shall be the salary unless the Council, by resolution adopted by two-thirds of the Council, rejects it. The determination of the Commission shall be effective 30 days following its filing with the City Clerk, unless rejected by the legislative body. If the determination is rejected, the existing salary shall prevail. C. The Commission shall meet for not more than 15 session days in each odd-numbered year and shall make its determination within 45 calendar days after its first meeting. A majority of the members constitute a quorum for conducting business of the Commission. The Commission shall not take action or make a determination without a concurrence of a majority of the members appointed and serving on the Commission. D. The Commission shall comply with Acts No. 267 and No. 442 of Public Acts of 1976, MCLA et seq. and et seq. C Planning Commission. A. The Council shall maintain a City Planning Commission in accordance with and having the powers and duties granted by the provisions of statute relating to such commissions. B. The Council shall maintain a Zoning Ordinance in accordance with the provisions of statute relating to such ordinances. Insofar as may be, such ordinance shall provide that zoning be coordinated with the work of the City Planning Commission and a Zoning Board of Appeals consisting of six members who shall be electors of the City, and of whom not less than one nor more than two shall be administrative officers. Insofar as may be, said Zoning Board of Appeals shall coordinate its work with the Building and Safety Appeal Board as hereinafter provided. C Building and Safety Appeal Board. The Council shall maintain a building and safety ordinance in accordance with the provisions of statute relating to such ordinances and a Building and Safety Appeal Board consisting of five members of whom not less than one nor more than two shall be administrative officers. Insofar as may be, said Board shall coordinate with the Zoning Board of Appeals as heretofore provided. C Independent boards and commissions. A. The Council may not create any board or commission, other than those provided in this Charter, to administer any activity, department or agency of the City government, except: (1) A municipal hospital. (2) A municipal cemetery. (3) Recreation. (4) Any activity which by statute is required to be so administered. B. The Council may, however, establish:

13 Page 13 of 49 (1) Quasi-judicial appeal boards. (2) Boards or commissions to serve solely in an advisory capacity. C. All members of the City boards and commissions shall be appointed by the Mayor, subject to the approval and confirmation by a majority vote of the City Council. C Rockwood Community Center Authority. The Council may maintain a Community Center Authority in accordance with and having the powers and duties granted by the provisions of statute relating to such authorities. C Economic Development Corporation. The Council may maintain an Economic Development Corporation in accordance with and having the powers and duties granted by the provisions of statute relating to such corporations. C Rockwood Housing Commission. The Council shall maintain a Housing Commission in accordance with and having the powers and duties granted by the provisions of statute relating to such commissions. Chapter 4. Elections C-4.1. Qualifications of electors. The residents of the City having the qualifications of electors in the State of Michigan shall be electors of the City. C-4.2. Election procedure. A. The election of all City officers shall be on a nonpartisan basis. The general election statutes shall apply to and control, as near as may be, all procedures relating to registration and City elections, except as such statutes relate to political parties or partisan procedure and except as otherwise provided in this Charter. B. The Clerk shall give public notice of the time and place of holding each City election and of the officers to be elected and the questions to be voted upon in the same manner as is required by statute for the giving of public notice of general elections in the state. C. The polls at all elections shall be opened and closed at the time prescribed by law for the opening and closing of polls at state elections. C-4.3. Wards and precincts. The City of Rockwood shall consist of one ward. The precincts into which the City is divided on the effective date of this Charter shall remain the precincts of the City until changed pursuant to this Charter. The Council shall, from time to time, establish convenient election precincts. C-4.4. Regular City elections. A regular City election shall be held on the first Tuesday after the first Monday in November, 1990, and in each even-numbered year thereafter coinciding with state elections. C-4.5. Elective officers of the City. A. The elective officers of the City shall be a Mayor and six Councilmen, one Clerk and one Treasurer, all of whom shall be nominated and elected from the City at large.

14 Page 14 of 49 B. At each regular City election, there shall be elected a Mayor, a Clerk and a Treasurer for a term of office of two years, three Councilmen for a term of office of four years and such additional number of Councilmen as may be required to fill vacancies pursuant to the provisions of C-5.6 of this Charter. All of such terms of office shall commence at 7:30 p.m. on the Monday next following the regular City election at which they are elected. C. Vacancies in the office of Mayor, Clerk, Treasurer and Council shall be filled in accordance with C-5.6 of this Charter. C-4.6. Terms of office. Terms of office of the Mayor shall be limited to four consecutive two-year terms, not to exceed eight years elected. Terms of Councilmen shall be limited to two consecutive four-year terms, not to exceed eight years elected. C-4.7. Special elections. Special City elections shall be held when called by resolution of the Council at least 60 days in advance of such election or when required by this Charter or by statute. Should qualified electors file a petition in conformance with the applicable statutory provisions governing same, a special election shall set forth the purpose of such election. No more special elections shall be called in any one year than permitted by statute. C-4.8. Election Commission. The Election Commission is hereby created consisting of the Clerk, the Attorney and a person appointed by the Council who shall not be a Councilman whose tenure of office is expiring at the next biennial election. The members shall serve without compensation. The Clerk shall be the Chairman. The Commission shall appoint the Board of Election inspectors for each precinct and have charge of all activities and duties required of it by state law and this Charter relating to the conduct of elections in the City. The compensation of election personnel shall be determined in advance by the Council. In any case where election procedure is in doubt, the Election Commission shall prescribe the procedure to be followed. C-4.9. Primary elections. A. Nonpartisan primary elections shall be held on the first Tuesday following the first Monday in August, in accordance with state procedure, or on the third Monday preceding a special election and to coincide with the state primary election. B. If, upon the expiration of the time for filing nomination petitions for any elective City office, valid petitions have been filed for no more than twice the number of candidates for the respective offices to be elected at the following regular or special City elections, then no primary shall be held with respect to such offices. If no primary is to be held for one or more offices, the Clerk shall publish notice of the fact and the reason therefor as part of, or at the time provided for, the publication of notices for such primary election. C. Candidates, equal in number to twice the number of persons to be elected to each City office at the next subsequent regular or special City election, who receive the highest number of votes at any such primary election shall be declared the nominees for election to the respective offices for which they are candidates. The candidates for any office for which no primary election was held shall be certified by the Clerk to the Election Commission as nominees for the next subsequent regular or special City election. C Nominations. A. The method of nomination of all candidates for the City primary election shall be by petition. Such petitions for each candidate shall be signed by not less than 20 or more than 35 registered electors of the City. No person shall sign his/her name to a greater number of

15 Page 15 of 49 petitions for any office than there are persons to be elected to said office at the following regular or special City election. If a qualified and registered voter signs nominating petitions for a greater number of candidates for public office than the number of persons to be elected thereto, his/her signature, if they bear the same date, shall not be counted upon any petition, and if they bear different dates, shall be counted in the order of their priority of date for only so many candidates as there are persons to be elected. B. Nominating petitions shall be filed with the Clerk between the ninth Tuesday preceding such primary election and 4:00 p.m. Eastern standard time on the seventh Tuesday preceding the regular City primary election or any special primary election for the filling of vacancies in office. C. The Clerk shall, prior to every City primary election, publish notice of the last day permitted for filing nomination petitions and of the number of persons to be nominated or elected to each office at least one week, and not more than three weeks, before such day. C Form of petition. The form of petition shall be substantially as that designated by the Secretary of State for the nomination of nonpartisan judicial officers. A supply of official petition forms shall be provided and maintained by the Clerk. C Approval of petition. A. The Clerk shall accept nomination petitions which comply with the form provided and maintained by him/her and which, considered together, contain the required number of valid signatures for candidates having those qualifications required for the filing of a petition. When a petition is filed by persons other than the person whose name appears thereon as a candidate, it may be accepted only when accompanied by the written consent of the candidate. The Clerk shall, forthwith, after the filing of petition, notify, in writing, any candidate whose petition is then known not to meet the requirements of this section, but failure to so notify any candidate shall in no way prevent a final determination that the petition does not meet such requirements. B. Within three days after the last filing date for filing petitions, the Clerk shall make the final determination as to the validity and sufficiency of each nominating petition and whether or not the candidate has the qualifications required for the respective elective City office by this Charter and shall write the determination thereof on the face of the petition. The Clerk shall immediately notify, in writing, the candidates whose petition is found to be valid, invalid or insufficient. Such notice to any candidate whose petition is found invalid or insufficient shall be delivered by personal messenger, if possible, and otherwise by registered mail. Any candidate whose petition is found invalid or insufficient shall be allowed to file supplementary or replacement petitions before five o'clock in the afternoon on the fifth day after the last date for filing original petitions. C. The names of the candidates for the respective elective City offices who file valid and sufficient nomination petitions shall be certified by the Clerk to the Election Commission to be placed upon the ballot for the next subsequent City primary election or the next special City election for the filling of vacancies in office as the case may be. C Public inspection of petitions. All nomination petitions shall be open to public inspection in the office of the Clerk. C Form of ballot. A. The form, printing and numbering of ballots or the preparation of the voting machines used in any City election shall conform as nearly as may be to the provisions of statute, except that no party designation or emblem shall appear. In all City elections, the names of qualified

16 Page 16 of 49 candidates or nominees for each office shall be listed under a separate heading and shall be rotated systematically in the manner prescribed by statute for rotation of names. B. If two or more candidates for the same office have the same or similar surnames, the Election Commission shall print the occupation or residence address under the respective names of each of such candidates on the ballots (or on the labels or slips to be placed on voting machines when used), provided that for any of such candidates who is an incumbent of such office, the occupation shall be designated as "Incumbent." Except as provided in this section, there shall be no supplementary identification of candidates on the ballot. C Canvass of votes. A four-member Board of Canvassers is hereby established in accordance with election statutes, members of said Board to be qualified and registered electors of the City and shall have filed with the City a formal application for appointment to said Board. C Tie vote. If, at any City election, there shall be no choice between candidates by reason of two or more persons receiving an equal number of votes, then the Clerk shall name a date for the appearance of such persons for the purpose of determining the election of such candidates by lot as provided by statute. Selection of the members shall be made by the City Council in the manner provided by statute. C Recount. A recount of the votes cast at any City election for any office or upon any proposition may be had in accordance with election statutes. Unless otherwise required by statute, a recount petition shall be filed with the Clerk by 5:00 p.m. on the second full day after the Board of Canvassers has made its official report; any counter-petition shall be filed by 5:00 p.m. on the next full day thereafter. C Recall. Any elected official may be recalled from office by the electors of the City in the manner provided by statute. A vacancy created by such recall shall be filled in the manner prescribed by this Charter and by statute. Chapter 5. General Provisions Regarding Officers and Personnel of the City C-5.1. Eligibility for office and employment in City. No person shall hold an elective or appointive office in the City of Rockwood unless he is qualified in the following manner: A. A resident of the City for at least 30 days prior to the time of his filing of original petitions for elective office; B. A registered elector of the City of Rockwood on such last day for filing of petitions and throughout his tenure of office; C. No person shall be eligible who is in default to the City unless such default shall be eliminated within 30 days after written notice thereof has been served upon him by the Council or unless such person shall in good faith be contesting the liability of such default; D. No person shall be eligible who shall be found guilty by a competent tribunal of the commission of a felony; E. No person shall be eligible at a regular or special election who is an appointive officer or an elective officer whose term of office does not expire at 8:00 p.m. on the Monday next following the next regular election unless he shall resign either as an appointive or elective