Charter of the City of Grand Ledge

Charter of the City of Grand Ledge Approved by Charter Commission: Approved by Governor Rick Snyder: Approved by Grand Ledge Voters:

Table of Contents Table of Contents... i PREAMBLE... v CHAPTER 1 NAME, BOUNDARIES, AND WARDS... 1 Section 1.1 NAME... 1 Section 1.2 BOUNDARIES... 1 Section 1.3 WARDS... 1 CHAPTER 2 POWERS... 3 Section 2.1 GENERAL POWERS... 3 Section 2.2 ADDITIONAL POWERS... 3 CHAPTER 3 ORGANIZATION OF GOVERNMENT... 5 Section 3.1 FORM... 5 Section 3.2 CITY COUNCIL COMPOSITION AND POWER... 5 Section 3.3 COUNCIL MEMBER QUALIFICATIONS... 5 Section 3.4 MAYOR AND COUNCIL MEMBER TERMS OF OFFICE... 5 Section 3.5 MAYOR AND COUNCIL MEMBER COMPENSATION... 5 Section 3.6 CITY COUNCIL ORGANIZATION... 5 Section 3.7 MAYORAL POWERS AND DUTIES... 5 Section 3.8 CITY COUNCIL RELATIONSHIP WITH STAFF... 6 CHAPTER 4 ELECTIONS... 7 Section 4.1 QUALIFICATIONS OF ELECTORS... 7 Section 4.2 NON-PARTISAN ELECTIONS... 7 Section 4.3 REGULAR CITY ELECTIONS... 7 Section 4.4 NOMINATIONS... 7 Section 4.5 ELECTION COMMISSION... 7 CHAPTER 5 OFFICERS AND PERSONNEL... 9 Section 5.1 ELIGIBILITY... 9 Section 5.2 NEPOTISM... 9 Section 5.3 OATH AND BOND... 9 Section 5.4 OFFICIAL BOND... 9 Section 5.5 SUCCESSION... 10 Section 5.6 DECLARING VACANCY... 10 Section 5.7 REMOVAL... 10 Section 5.8 RESIGNATION... 10 i

Section 5.9 FILLING VACANCIES... 11 Section 5.10 TERM OF OFFICE... 11 CHAPTER 6 CITY COUNCIL... 13 Section 6.1 REGULAR MEETINGS... 13 Section 6.2 SPECIAL MEETINGS... 13 Section 6.3 QUORUM... 13 Section 6.4 PROCEDURES... 13 Section 6.5 PUBLIC PEACEAND HEALTH... 14 CHAPTER 7 ADMINISTRATIVE SERVICES... 15 Section 7.1 ADMINISTRATIVE OFFICERS... 15 Section 7.2 PERSONNEL SYSTEM... 15 Section 7.3 CITY MANAGER... 15 Section 7.4 CITY CLERK... 16 Section 7.5 CITY TREASURER... 17 Section 7.6 CITY ASSESSOR... 17 Section 7.7 CITY ATTORNEYS... 17 Section 7.8 POLICE PROTECTION... 18 Section 7.10 PUBLIC SERVICES DIRECTOR... 18 Section 7.11 PLANNING AND ZONING... 18 Section 7.12 ZONING ADMINISTRATOR... 19 Section 7.13 BOARD OF REVIEW... 19 Section 7.14 CEMETERIES AND BOARD OF CEMETERY TRUSTEES... 20 Section 7.15 PARKS AND RECREATION COMMISSION... 22 Section 7.16 AUTHORITIES, BOARDS, AND COMMISSIONS... 22 CHAPTER 8 LEGISLATION... 23 Section 8.1 CHARTER... 23 Section 8.2 EXISTING AUTHORIZATIONS... 23 Section 8.3 LEGISLATION... 23 Section 8.4 FORMS OF LEGISLATION... 23 Section 8.5 ORDINANCES... 23 Section 8.6 PENALTIES... 25 Section 8.7 INITIATIVE AND REFERENDUM PETITIONS... 25 Section 8.8 CODIFICATION... 26 CHAPTER 9 BUDGET AND FINANCE... 27 Section 9.1 FISCAL YEAR... 27 Section 9.2 BUDGET... 27

Section 9.3 DEPOSITS... 28 Section 9.4 WITHDRAWALS... 28 Section 9.5 INVESTMENTS... 28 Section 9.6 AUDIT... 29 CHAPTER 10 TAXATION... 31 Section 10.1 POWER TO TAX... 31 Section 10.2 SUBJECT OF TAXATION... 31 Section 10.3 CITY INCOME TAX... 31 Section 10.4 TAX DAY... 31 Section 10.5 JEOPARDY ASSESSMENTS... 31 Section 10.6 ASSESSMENT... 32 Section 10.7 LEVY CERTIFIED... 32 Section 10.8 TAX ROLL... 32 Section 10.9 LIENS... 33 Section 10.10 TAX PAYMENTS... 33 Section 10.11 FAILURE OR REFUSAL TO PAY PERSONAL PROPERTY TAX... 34 Section 10.12 STATE, COUNTY AND SCHOOL TAXES... 34 CHAPTER 11 SPECIAL ASSESSMENTS... 35 Section 11.1 POWERS... 35 Section 11.2 PROCEDURE... 35 Section 11.3 RECONSIDERATION OF PETITIONS... 35 Section 11.4 CONDEMNATION COSTS... 35 Section 11.5 CONTESTED ASSESSMENTS... 36 Section 11.6 LIEN AND COLLECTION... 36 Section 11.7 ACCOUNT... 36 Section 11.8 CERTAIN POSTPONEMENTS OF PAYMENTS... 36 Section 11.9 CORRECTION OF INVALID SPECIAL ASSESSMENTS... 36 CHAPTER 12 BORROWING... 37 Section 12.1 POWERS... 37 Section 12.2 LIMITS OF AUTHORITY... 37 Section 12.3 INSTRUMENTS... 37 CHAPTER 13 PURCHASES, SALES, CONTRACTS, AND LEASES... 39 Section 13.1 AUTHORITY... 39 Section 13.2 PERSONAL PROPERTY... 39 Section 13.3 REAL PROPERTY... 39 Section 13.4 PROFESSIONAL SERVICES... 40 iii

Section 13.5 PUBLIC IMPROVEMENTS... 40 Section 13.6 LIMITATIONS... 40 CHAPTER 14 MISCELLANEOUS... 41 Section 14.1 LIABILITY... 41 Section 14.2 RECORDS... 41 Section 14.3 PROCESSES AGAINST CITY... 41 Section 14.4 TRUSTS... 41 Section 14.5 QUORUMS... 41 Section 14.6 SATURDAYS, SUNDAYS, AND CITY HOLIDAYS... 41 Section 14.7 CHAPTER, SECTION, AND SUBSECTION HEADINGS... 41 Section 14.8 AMENDMENT... 41 Section 14.9 SEVERABILITY... 42 Section 14.10 DEFINITIONS... 42 Section 14.11 PUBLICATION AND MAILING OF NOTICES... 43 CHAPTER 15 TRANSITION... 45 Section 15.1 PURPOSE... 45 Section 15.2 ADOPTION... 45 Section 15.3 EFFECTIVE DATE... 45 Section 15.4 CITY COUNCIL TERMS... 45 Section 15.5 ADMINISTRATIVE OFFICERS AND EMPLOYEES... 46 Section 15.6 PROPERTY AND RECORDS... 46 Section 15.7 PENDING MATTERS... 46 Section 15.8 VESTED RIGHTS AND LIABILITIES... 46 Section 15.9 ORDINANCES, RESOLUTIONS, ORDERS, AND REGULATIONS... 46

PREAMBLE We, the people of the City of Grand Ledge, pursuant to the authority granted by the Constitution and the laws of the State of Michigan, mindful of the ideals and labors of our forefathers, in order to secure the benefits of efficient self-government, and to promote the freedom, health, peace, safety, and prosperity of our residents, and the community and its members, do hereby ordain and establish this Charter. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation. v

CHAPTER 1 NAME, BOUNDARIES, AND WARDS Section 1.1 NAME The inhabitants of the City shall continue to be a body politic and corporate under the name of the City of Grand Ledge and in that name the City shall hold the title to all its property and conduct all its affairs. Section 1.2 BOUNDARIES The corporate boundaries of the City shall be those as established on the date this charter takes effect, provided that the City shall have the power to change its boundaries in the manner provided by law. The City Clerk shall maintain complete records of the existing boundaries on the date this charter takes effect and each change thereafter. Section 1.3 WARDS The City shall consist of three wards, described as follows: first ward: all that part of the City lying south of the Grand River and west of the center of South Bridge Street to its intersection with the center of Jenne Street and, from thence south to the corporate limits of the City, west of the center of Jenne Street; second ward: all that part of the City lying north of the Grand River; third ward: all that part of the City lying south of the Grand River and east of the first ward. These ward boundaries shall be generally maintained as described, but may be altered by the City Council to achieve a balance of approximately one-third of the City s population each, after every United States Census, when results are available. Page 1

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CHAPTER 2 POWERS Section 2.1 GENERAL POWERS The City and its officers shall be vested with any and all powers and immunities, expressed and implied, which cities are or hereafter may be permitted to exercise or provide for in their charters under the Constitution and statutes mandated by the State of Michigan. All the powers of cities shall be construed as fully and completely as though those powers and immunities were specifically enumerated in and provided for in this charter. In no case shall any enumeration of particular powers or immunities in this charter be held to be exclusive. Section 2.2 ADDITIONAL POWERS A. The City and its officers shall have authority to exercise all municipal powers in managing and controlling municipal property and in administering the municipal government, whether such powers are expressly enumerated or not; to do any act to advance the interests of the City, the good government, and prosperity of the municipality and its residents, and through its regularly constituted authority, to pass and enforce all ordinances relating to its municipal concerns, subject to the Constitution and laws of the State of Michigan, and the provisions of this charter. B. The City may condemn property if such exercise of power would serve a public necessity according to the authority granted to the City and governed by the statutes and the Constitution of the State of Michigan and this charter. Page 3

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CHAPTER 3 ORGANIZATION OF GOVERNMENT Section 3.1 FORM The City shall have the City Council-Manager, non-partisan form of government. Section 3.2 CITY COUNCIL COMPOSITION AND POWER There shall be a City Council consisting of six Council members and the Mayor, who shall be deemed a member of the City Council for all purposes. The City Council shall constitute the legislative and governing body of the City and shall have the power and authority to adopt such ordinances and resolutions, as it shall deem proper in the exercise of its power. Section 3.3 COUNCIL MEMBER QUALIFICATIONS The members of the City Council shall meet the eligibility requirements as set forth in Chapter 5. Section 3.4 MAYOR AND COUNCIL MEMBER TERMS OF OFFICE A. There shall be a regular City election held in November of each even-numbered year. B. There shall be elected from the City at large, a Mayor for a term of four years and six Council members, two from each ward, for terms of four years each. C. At each regular election, three Council members, one from each ward, shall be elected and such additional number of Council members as may be required to fill vacancies. At each regular election at which electors of the President of the United States are on the ballot, the Mayor shall be elected. D. All terms of office shall commence at the first regularly scheduled or special meeting of City Council following the date of the certification of the election by the County Board of Canvassers. Section 3.5 MAYOR AND COUNCIL MEMBER COMPENSATION The City Council shall, by ordinance, from time to time set compensation to be received by the Mayor and Council members. Section 3.6 CITY COUNCIL ORGANIZATION The City Council shall hold its organizational meeting at the first regular meeting following the certification of the regular City election by the County Board of Canvassers. At this time, or whenever a vacancy in the office of Mayor Pro-Tem shall occur, the City Council shall select a Mayor Pro-Tem from its members. Section 3.7 MAYORAL POWERS AND DUTIES A. The Mayor shall preside at all meetings of the City Council. The Mayor shall be a full voting member of the City Council but shall have no veto power. They shall be the chief executive officer of the City insofar as required by law and for all ceremonial purposes. The Mayor shall be the conservator of the peace and shall have the powers conferred by law upon sheriffs in times of emergency to suppress disorder, preserve the Page 5

public peace, and the health and safety of persons and property, and shall have other emergency powers as permitted by law. They shall authenticate by signature, such instruments as may be required under the provisions of law. The Mayor shall do all acts required of them by law. The Mayor shall have no other authority except that which is specifically authorized to them by City Council when the City Manager position is vacant. B. The Mayor Pro-Tem shall act in place of the Mayor in the absence or disability of the Mayor and serve as Mayor on an interim basis in the case of a vacancy in that office until the Mayor returns to office or the vacancy is filled pursuant to provisions of Section 5.9. Section 3.8 CITY COUNCIL RELATIONSHIP WITH STAFF Except for the purpose of inquiries, Council members shall interact with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager. Individual Council members shall not direct or give orders to any such officer or employee, either publicly or privately. Page 6

CHAPTER 4 ELECTIONS Section 4.1 QUALIFICATIONS OF ELECTORS The residents of the City having the qualifications of electors in the State of Michigan who are registered as an elector in the City shall be electors of the City. Section 4.2 NON-PARTISAN ELECTIONS The election of the Mayor and Council members shall be on a non-partisan basis. Section 4.3 REGULAR CITY ELECTIONS A regular City election shall be held on the first Tuesday following the first Monday of November of evennumbered years. Section 4.4 NOMINATIONS The method of nominations for all candidates for City elections shall be by petition or by a candidate submitting a filing fee. A petition for each candidate shall be signed by not less than twenty-five registered electors of the City or ward. No person shall sign their name to a greater number of petitions for any one office than there are persons to be elected to said office at said election. When the signature of any one individual appears on more petitions than there are candidates to be elected to said office at said election, the signature of such individual on all such petitions shall be invalidated, except that the signature dated earliest shall be valid. In lieu of submitting nominating petitions, a candidate may submit a nonrefundable filing fee of $100.00, or such other amount as may be set by ordinance. The City Clerk shall publish notice of the last day, time, and place permitted for filing nomination petitions and filing fees at least one week and not more than three weeks before such day. Section 4.5 ELECTION COMMISSION An Election Commission is hereby created, consisting of the City Clerk, and one Council member whose name shall not appear on the ballot during the year they serve as a member of the Election Commission and one qualified registered elector, both to be appointed by City Council at its first regular meeting after every regular City election. The Election Commission shall serve without compensation. The City Clerk shall be the chairperson and two members of such board shall constitute a quorum. Page 7

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CHAPTER 5 OFFICERS AND PERSONNEL Section 5.1 ELIGIBILITY A. No person shall hold any elective office of the City unless they have resided in the City for a minimum of one year and is a registered elector of the City on the last day for filing nominating petitions or filing fee for such office or prior to their appointment to fill a vacancy. A Council member shall be a registered elector of the ward they represent. B. No person who is in default to the City shall be eligible for any elective or appointive position. The holding of office by any person who is in default shall create a vacancy unless such default shall be eliminated within thirty days after written notice thereof has been served at their last known place of residence by the City Clerk upon the direction of the City Council, or, unless the officer contests their liability for the default in a court of competent jurisdiction. C. No person who holds or has held the office of Mayor or Council member shall be eligible to hold any appointive office for which there is compensation paid by the City until six-months has elapsed following retirement or resignation. This provision would not apply to appointments where nominal compensation may be paid by the City. D. No administrative officer, person holding an appointive position, or employee shall hold an elective office of the City unless they resign their position with the City upon election or appointment to elective City office. E. All administrative officers (see Section 7.1) shall be United States citizens. Section 5.2 NEPOTISM Unless the City Council shall by majority vote record as part of its official proceedings, a determination that the best interests of the City shall be served, family members of any elective or administrative officer are disqualified from holding any appointive office or employment during the term for which said elective or appointive officer was elected or appointed. This section shall in no way disqualify such family members who are bona fide appointive officers or employees of the City at the time of the election or appointment of said official. Section 5.3 OATH AND BOND Every officer, elective or appointive, before entering upon the duties of that office, shall qualify by taking the oath of office prescribed for public officers by the Constitution of the State of Michigan, and by filing the oath with the City Clerk, together with any bond required by State law, this charter or by the City Council. In case of failure to comply with the provisions of this section within twenty days from the date they are notified in writing of that officer s election or appointment, such officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the City Council shall, by resolution, extend the time in which such officer may qualify as above set forth. Section 5.4 OFFICIAL BOND A. Except as otherwise provided in this charter, all officers of the City whose duties involve the custody of public property or the handling of public funds, either by way of receipt or disbursement or both, and all other officers and employees so required by the City Council shall, before they enter upon the duties of their respective offices, file with the City an official bond in such form and amount as the City Council shall direct and approve. Page 9

B. The official bond of every officer or employee whose duty it may be to receive or pay out money shall be conditioned that they will, upon demand, pay over or account for to the City, or any proper officer or agent thereof, all moneys received by them as such officer or employee. The requirements of this paragraph may be met by the purchase of one or more appropriate blanket official bonds covering all, or a group of, City employees and officers. C. All official bonds shall be corporate official bonds and the premiums thereon shall be paid by the City. The City Clerk shall be custodian of all bonds of all officers or employees except that the City Manager shall be custodian of any bonds pertaining solely to the City Clerk. Section 5.5 SUCCESSION Whenever any officer or employee shall cease to hold such office or employment for any reason whatsoever, they shall within five days, or sooner on demand, deliver to their successor in office or to that officer s or employee s superior all the books, papers, money, equipment, and effects in their custody that in any manner pertain to that office. Any officer violating this provision may be proceeded against in the same manner as public officers generally for a like offense under the laws of the State of Michigan. Section 5.6 DECLARING VACANCY The office of Council member or Mayor shall become vacant (a) upon the official s death; (b) resignation; (c) removal from office in a manner authorized by this charter or by law; (d) ceasing to possess the qualifications of office required by this charter; (e) unexcused absence from four consecutive regular meetings of City Council or 25% of such meetings in any twelve-month period; (f) being found guilty of misconduct of office by a court of competent jurisdiction, or (g) if no person is elected to, or qualified for, the office at the election at which such office is to be filled. Section 5.7 REMOVAL Removal by the City Council of elective officers shall be made for either of the following reasons: A. For any reason specified by State law for removal of City officers by the governor, or B. For any act declared by this charter to constitute misconduct in office. Such removals by the City Council shall be made only after a hearing of which the officer has been given notice by the City Clerk at least ten days in advance, either personally or by certified mail, addressed to the officer in question at the last known place of residence of that officer. Such notice shall include a copy of the charges against the officer. The hearing shall afford an opportunity to the officer, in person or by their attorney, to be heard in their defense, to cross-examine witnesses and to present testimony. If the officer shall neglect to appear, without good cause, at the hearing and answer the charges, their failure to do so may be deemed cause for removal. A majority vote of the members of the City Council in office at the time, exclusive of any member whose removal is being considered, shall be required for any such removal. Section 5.8 RESIGNATION Resignation of elective officers and of members of boards and commissions shall be made in writing and filed with the City Clerk and shall be acted upon by the City Council at its next regular or special meeting following receipt thereof by the City Clerk and is irrevocable upon acceptance. Resignations of appointive officers shall be made in writing to the appointing officer or body and shall be acted upon immediately. Page 10

Section 5.9 FILLING VACANCIES A. The City Council shall fill a vacancy in the office of City Council by giving public notice, soliciting applicants, and appointment of a qualified, registered elector within sixty days from the date the vacancy was created. The appointment shall be for the balance of the term if the vacancy occurs within thirty months of the expiration of the term. If the unexpired term exceeds thirty months, the appointee shall hold office only until the first City Council meeting following the certification of the next regular City election, at which election the office shall be filled for the remainder of the term. B. Vacancies in appointive offices shall be filled in the manner provided for making the original appointment. In the case of members of boards and commissions appointed for a definite term, such appointments shall be for the unexpired term. Section 5.10 TERM OF OFFICE Except by procedures provided by law or in this charter, the terms of office of the elective officers, boards, and commissions shall not be shortened or extended beyond the term for which said officer was elected or person appointed, provided that the elected official or appointed person may continue to hold their position or office until a qualified successor is either elected or appointed. Page 11

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CHAPTER 6 CITY COUNCIL Section 6.1 REGULAR MEETINGS The City Council shall hold at least one meeting each month and provide for the time and place of its regular meetings. Section 6.2 SPECIAL MEETINGS A. Special meetings of the City Council shall be called by the City Clerk on the written request of the Mayor, or any three members of the City Council, by written notice to each member of the City Council served personally or left at their usual place of residence, or such other manner of notification as may be established by ordinance, no less than eighteen hours prior to the time of such meeting. Subject to the requirements of the Open Meetings Act, 1976 PA 267, as amended, the City Council may meet in emergency session on shorter notice in the event of a severe and imminent threat to the health, safety, or welfare of the public. B. No business shall be transacted at any special meetings of the City Council unless the same shall have been stated in the notice of such meetings. However, any business that might lawfully come before a regular meeting may be transacted at such special meeting if all the members present consent thereto and the business is not in conflict with this charter. Section 6.3 QUORUM Four members of the City Council shall be a quorum for the transaction of business at all meetings of the City Council. In the absence of a quorum, any number of members less than a quorum may adjourn any regular or special meeting to a later date. Section 6.4 PROCEDURES A. Any four or more members of the City Council may by vote compel the attendance of its members and other officers of the City at any meeting. Any member of the City Council or other officer, who when notified of the vote to compel their attendance, fails to attend such meeting for reasons other than confining illness or extenuating circumstances, shall be deemed guilty of misconduct in office unless excused by the City Council. B. The presiding officer shall enforce orderly conduct at meetings and any Council member or other officer who shall fail to conduct himself or herself in an orderly manner at any meeting shall be deemed guilty of misconduct in office. C. Any police officer designated by the presiding officer of the meeting shall serve as the sergeant-at-arms of the City Council in enforcement of the provisions of this section. D. Each City Council shall determine its own organization, rules, and order of business subject to the following provisions: 1. A vote upon all ordinances and resolutions shall be taken by yes and no vote, and entered upon the records, except that where the vote is unanimous it shall only be necessary to so state. Except as otherwise provided in this charter, no ordinance shall be adopted or repealed or passed except by the affirmative vote of at least four members of the City Council unless otherwise provided by law. Page 13

2. Subject to the provisions of the Contracts of Public Services with Public Entities Act (MCL 15.321 et seq.) which governs certain City contracts involving City officers and City employees, any Council member who has a potential conflict of interest shall disclose such potential conflict to the presiding officer or City Clerk prior to the meeting at which a vote will be taken. If such disclosure is made at a meeting, the vote may be postponed to the next scheduled meeting. This section does not prevent a Council member from making or participating in making a governmental decision to the extent that the Council member s participation is required by law or is exempt by law. 3. All Council members shall vote on any and all questions in which they do not have a financial interest other than the common public interest or any question concerning their conduct, unless excused by unanimous consent of the remaining members present. Any member refusing to vote, except when not required to do so by law or this charter, shall be guilty of misconduct of office. 4. Any standing committee of the City Council shall be composed of at least two members. The City Council shall not assign the administration of any department or agency of the City to any member or committee of the City Council. Section 6.5 PUBLIC PEACEAND HEALTH The City Council shall see that provision is made for the public peace and health. Page 14

CHAPTER 7 ADMINISTRATIVE SERVICES Section 7.1 ADMINISTRATIVE OFFICERS The administrative officers of the City shall be the City Manager, City Clerk, City Treasurer, City Assessor, City Attorneys, Chief of Police, Fire Chief, and Public Services Director. The City Council may, by ordinance or by resolution, establish such additional administrative officers or departments, or combine any administrative officers or departments, in any manner not inconsistent with law or this charter, and prescribe the duties and compensation thereof as it may deem necessary for the proper operation of the City government. Unless otherwise provided in this Chapter, the administrative officers of the City shall be appointed and removed by a majority vote of the members of City Council following receipt of a written recommendation by the City Manager. Section 7.2 PERSONNEL SYSTEM A. All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. B. Consistent with all applicable federal and state laws, the City Council may provide by ordinance for the establishment, regulation, and maintenance of a merit system governing personnel policies necessary to effective administration of the employees of the City s departments, offices, and agencies, including but not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances, and relationships with employee organizations. C. The compensation of all employees and officers of the City whose compensation is not provided for herein, shall be fixed by the City Council within the limits of budget appropriations, and in accordance with any pay plan adopted by the City Council. Nothing contained in this section shall prohibit the payment of necessary bona fide expenses incurred in service on behalf of the City. D. The City Council may provide for a retirement system or systems for the City employees. E. All personnel employed by the City, who are not elected officers of the City or declared to be Administrative Officers, by or under the authority of Section 7.1 shall be deemed to be employees of the City. The head of each department and administrative office shall have the power to hire and discharge the employees of such departments and offices. The discharge of an employee may be appealed to the City Manager. The discharge of an employee shall not be effective until confirmed by the City Manager. An employee subject to a collective bargaining agreement may appeal discharge, as provided for in the agreement. Section 7.3 CITY MANAGER A. Appointment; Compensation 1. The City Council shall appoint a City Manager within one-hundred eighty days after any vacancy exists in such position or the City Council may appoint an acting manager during the period of a vacancy in the office. The City Manager, with the consent and approval of the City Council, may designate an administrative officer or employee of the City to act as City Manager if they are temporarily absent from the City or unable to perform the duties of their office. 2. The City Council shall set the City Manager s compensation. Page 15

3. The City Manager shall be the municipal executive and chief administrative officer of the City. The City Council shall appoint the City Manager on the basis of education, ability, training, and experience. B. City Manager Function and Duties 1. The City Manager shall be responsible to the City Council for the proper management and administration of the affairs of the City, and shall appoint and remove employees of the City, and shall make recommendations to the City Council relative to the appointment and removal of administrative officers of the City as referenced in 7.1. The City Manager shall set employee compensation within the pay plan adopted by the City Council, and shall supervise and coordinate the work of all of the administrative offices and departments of the City except the work of the City Clerk, City Treasurer, and City Assessor as dictated by the State Constitution or State law. The City Manager shall be the main point of communication and dissemination of information from the City Attorneys. 2. The City Manager shall see that this charter and all laws and ordinances are enforced, shall prepare and administer the annual budget under policies formulated by the City Council, shall have the budget control responsibility, and shall keep the City Council advised as to the financial condition and needs of the City. The City Manager shall furnish the City Council with information concerning City affairs, and prepare and submit such reports as may be required or which the City Council may request. The City Manager shall make recommendations to the City Council relative to all agenda items, except as directly relating to their employment. Subject to this charter and any employment ordinance of the City, the City Manager shall employ or be responsible for the employment of all City employees, and supervise and coordinate the personnel policies and practices of the City. The City Manager or their authorized representative shall establish and maintain a central purchasing service and the City Manager, or their designee, shall act as purchasing agent for the City. 3. The City Manager, or their designee, shall attend all meetings of the City Council with the right to be heard in all City Council proceedings but without the right to vote. The City Manager, or their designee, shall possess such other powers as may be granted to or required of them by the City Council, so far as may be consistent with the provisions of law. The City Manager shall establish any rules necessary to carry out any of the foregoing duties. 4. The City Manager shall perform such other duties in connection with the office as may be required by law, ordinances, or the City Council. 5. The City Manager serves at the pleasure of the City Council and may be removed by an affirmative vote of not less than four of its members. Section 7.4 CITY CLERK A. The City Clerk shall be the clerical officer of the City Council and shall keep its journal in English. The City Clerk shall keep a record of all actions of the City Council at its regular and special meetings, and shall certify all ordinances and resolutions adopted by the City Council. The City Council shall appoint the City Clerk on the basis of education, ability, training, and experience. B. The City Clerk shall have the power to administer all oaths required by law and by the ordinances of the City, and shall be the custodian of the City Seal and shall affix the same to documents required to be sealed. The City Clerk shall be the custodian of all papers, documents, and records pertaining to the City, which are not entrusted to some other City officer or department by City Charter, ordinance or law. They shall give the proper officials ample notice of the expiration or termination of any official bonds, franchises, contracts or agreements to which the City is a part and shall notify the City Council of the failure of any officer or Page 16

employee required to take an oath of office or furnish any bond required of them. The City Clerk shall be the chief election officer for the City. C. The City Clerk shall perform such other duties in connection with the office as may be required by law, the ordinances or resolutions of the City Council, or by the City Manager. Section 7.5 CITY TREASURER A. The City Treasurer shall have the custody of all moneys of the City and all evidences of value or indebtedness belonging to or held in trust by the City. The City Treasurer shall keep and deposit all moneys or funds in such manner and only in such places as the City Council may determine, and shall report the same to the City Manager. The City Council shall appoint the City Treasurer on the basis of education, ability, training, and experience. B. The City Treasurer shall have such powers, duties, and prerogatives in regard to the collection and custody of state, county, school district, City taxes, and other taxing entities money as are provided by law. C. The City Treasurer shall disburse all City funds in accordance with provisions of law and this charter. D. The City Treasurer shall establish and maintain a general accounting plan which will conform to such uniform accounting standards as may be required by law. E. The City Treasurer shall perform such other duties in connection with the office as may be required by law, the ordinances and resolutions of the City Council, or as directed by the City Manager. Section 7.6 CITY ASSESSOR A. The City Assessor shall possess all the power vested in and shall be charged with the duties imposed upon the assessing officer of a City by law. The City Council shall appoint the City Assessor on the basis of proper certification by the state assessor s board, education, ability, training, and experience. B. The City Assessor shall make and prepare all regular and special assessment rolls in the manner prescribed by law or ordinances of the City. C. The City Assessor shall perform such other duties as may be prescribed by law, or the ordinances and resolutions of the City, or by the City Manager. D. The City Assessor, or their designee, shall be secretary of the Board of Review. Section 7.7 CITY ATTORNEYS A. The City Attorneys shall act as legal advisors and be accountable to the City Council. The City Council shall appoint the City Attorneys on the basis of education, ability, training, and experience. B. The City Attorneys shall be the legal advisors and counsel for the City. C. The City Attorneys shall prepare or review ordinances, regulations, contracts, bonds, and other such instruments as may be required by this charter, the City Council, or the City Manager, and shall promptly give their opinion as to the legality thereof. Page 17

D. The City Attorneys shall prosecute ordinance violations and shall represent the City in cases before the courts and other tribunals. In such instances as the City Council or the City Manager shall direct, they shall defend officers and employees of the City in actions arising out of the performance of their official duties. E. Upon the City Attorneys recommendation, or upon its own initiative, the City Council or the City Manager may retain special legal counsel to handle any matters in which the City has an interest, or to assist City Attorneys. F. The City Attorneys shall perform such other duties in connection with the office as may be prescribed by this charter, the City Council, the City Manager, or by contractual agreement. G. The City Attorneys shall comply with the Michigan Rules of Professional Conduct. Section 7.8 POLICE PROTECTION A. The City Council shall provide for, establish, or maintain police protection to enforce all laws, ordinances, and codes of the City through the creation of a police department, public safety department, or contract police services by intergovernmental agreement. B. The police officers of the City shall have and exercise all the immunities, privileges, and powers of peace officers under State law for the preservation of quiet, good order, and for the safety of persons and property within the City. C. If the City operates its own police department, the Chief of Police shall be appointed and subject to removal as provided for in Section 7.1. Section 7.9 FIRE PROTECTION A. The City Council shall have power to enact such ordinances and to establish and enforce such regulations and enter into intergovernmental agreements as it shall deem necessary to guard against the occurrence of fires in the City and to protect the property and persons or inhabitants of the City against the occurrence of fires and against accident or damage resulting therefrom. For this purpose, the City Council may provide for, establish, or maintain a Fire Department within the administrative division of the City. B. If the City operates its own fire department, the Fire Chief shall be appointed and subject to removal as provided for in Section 7.1. Section 7.10 PUBLIC SERVICES DIRECTOR The Public Services Director shall be in charge of streets, alleys, public rights of way, sidewalks, parks, and all City owned real property including buildings. The Public Services Director shall supervise and manage all City-owned infrastructure and public works services of the City. The Public Services Director shall coordinate with other governmental bodies with respect to available funding for City public works projects and projects undertaken by other governmental bodies within the City boundaries. Section 7.11 PLANNING AND ZONING A. The City Council shall maintain a Planning Commission in accordance with and having all the powers and duties granted by the provisions of law relating to such commissions, which it deems beneficial to the health, safety, and general welfare of the City. Page 18

B. The City Council shall maintain a zoning ordinance in accordance with the provisions of law. The ordinance shall provide that zoning be coordinated with the work of the Planning Commission. Section 7.12 ZONING ADMINISTRATOR The Zoning Administrator shall enforce the City zoning ordinances and will receive functional and administrative supervision from the City Manager. The Zoning Administrator shall be appointed by the City Manager, after consultation with the City Council, on the basis of education, ability, training, and experience. The City Manager shall supervise and have the authority of dismissal. The Zoning Administrator or their designee shall: A. Issue all notices and orders to insure compliance with zoning ordinances and recommend prosecution as necessary; B. Process all applications related to zoning compliance, site plans, special land use permits, and zoning variances; C. Prepare documents, agendas, and supporting information for the Planning Commission and Zoning Board of Appeals meetings; D. Assess all planning and zoning fees authorized by State law, City ordinance, or City resolution and; E. Perform all other duties as may be prescribed by state law, and the ordinances and resolutions of the City Council, or as directed by the City Manager. Section 7.13 BOARD OF REVIEW A. Qualifications and Appointment 1. Pursuant to the General Property Tax Act, PA 206 of 1893, as amended, a Board of Review is hereby created and composed of three members who shall have the following qualifications: A member shall be a registered elector of the City, and shall have been a resident of the City for at least one year immediately prior to the date of appointment. The appointment of members of such Board shall be based upon their knowledge and experience. 2. The members of the Board of Review shall be appointed by the City Council for three-year terms expiring at the first regular City Council meeting in January of each year, and may be removed for reasons of nonfeasance, malfeasance, or misfeasance by a majority vote of the City Council. The Board of Review existing on the effective date of this charter shall continue. When terms expire, the City Council shall appoint a member for a three-year term at the first regular City Council meeting in January of each succeeding year. Upon a vacancy due to resignation or otherwise, the City Council shall appoint a member to fill the remainder of the vacant term. The City Council shall fix the compensation of the members of the Board. 3. The members of the Board of Review shall be officers of the City and shall take the oath of office, which shall be filed with the City Clerk. 4. Being elected to an office of the City while serving as a member of the Board of Review shall constitute a resignation from the Board of Review. Page 19

B. Meetings and Duties 1. The City Assessor, or their designee, shall be the secretary of the Board of Review, and shall be entitled to be heard at its sessions, but shall have no vote on any proposition or question. 2. An annual organizational meeting of the Board of Review shall be held on the first Tuesday following the second Monday in March to select one of its members as chairperson for the ensuing year, to review the assessment roll and to examine the guidelines and practices followed in preparing the assessment roll. 3. For the purpose of revising and correcting assessments, the board of review shall have the same powers and perform like duties, in all respects, as are, by law, conferred upon and required of boards of review, except as otherwise provided in this charter. 4. At the time, and in the manner provided in the following section, the board of review shall hear the complaints of all persons considering themselves aggrieved by assessments. If it shall appear that any person or property has been wrongfully assessed or omitted from the roll, the board of review shall correct the roll in such manner as it deems just. In all cases, the assessment roll shall be reviewed according to the facts existing on the most recent tax day. 5. Except as otherwise provided by law, no person other than the Board of Review shall make any change upon, or addition or correction to, the assessment roll. 6. The City Assessor shall make a permanent record of all proceedings of the Board of Review and enter therein all its resolutions and decisions. Such record shall be filed with the City Clerk on or before the first day of May following the meeting of the board of review. C. Notice of Meetings Notice of the time of the sessions of the board of review shall be published by the City Clerk in a newspaper having general circulation in the City, or such other manner of notification as may be allowed by State law or City ordinance, at least one week prior to each session of the board and printed on the assessment notice sent as described in Section 10.6. D. Meetings: Examination of Persons Appearing The board of review shall meet in two sessions in each year at such place as shall be designated by the City Council. The first session of the board shall convene on the first Tuesday following the second Monday in March of each year and may continue in session for three days and as much longer as may be necessary for the purpose of considering and correcting the roll. In each case where the assessed value is increased or any property added to the rolls by the board, the secretary of the board shall give notice to the owners thereof according to the last assessment roll of the City by first class mail as prescribed by State law. The second session of the board shall convene on the first Tuesday following the fourth Monday of March of each year and shall continue in session for one day and as much longer as may be necessary for the purpose of hearing appeals of property assessments. The board shall remain in session during such hours as the City Council may designate. Section 7.14 CEMETERIES AND BOARD OF CEMETERY TRUSTEES A. The City may acquire, hold, own, and provide for cemetery and public burial places, either inside or outside the City, as the City Council deems necessary for the public welfare and suitable for the convenience of the residents. The purchase, sale, lease, or disposal of cemetery property shall be governed by Chapter 13. Page 20

B. The City Council may, by ordinance, limit the interment of the dead to such cemetery or other public burial place, and provide that any bodies interred within the City in violation of such ordinance be disinterred and reinterred in compliance with such ordinance. C. The City Council may, by ordinance, make regulations necessary to carry into effect the provisions of this section to control or regulate any cemetery or burial place and the improvement thereof, to protect the same and the appurtenances thereof from injury, and to punish violations. D. The City Council may also, by ordinance, make any regulations necessary for the preservation and protection of any cemetery or interment within the City, belonging to or under the control of any church or religious society, or any corporation, company, or association, and for the protection and preservation of the tombs, monuments, and improvements thereof, and the appurtenances thereto. E. The City Council shall raise and appropriate in its annual budget such sums as shall be necessary for the improvement, adornment, protection, and care of any City-owned cemetery, and may raise and appropriate such sums as may be necessary for the purchase of additional cemetery grounds. F. Board of Cemetery Trustees 1. The Board of Cemetery Trustees existing on the effective date of this charter shall continue, except it shall now be comprised of five members who have the qualifications required of elective officers by this charter. The five trustees shall hold office for terms of three years. The trustees shall be appointed by the Mayor, with the approval of City Council, during the month of June and shall assume office on July 1, following, with staggered terms such that no more than two trustees terms shall expire in any one year. The City Council may remove any trustee for good cause. The trustee shall serve without compensation. The Board shall meet at least four times annually and at the call of the chair. The Board shall report annually to the City Council with information on the status of the cemeteries, including but not limited to identifying any deficiency in their care and maintenance, no later than the City Council s last meeting in February. 2. The Board shall elect one of their member chair, and the City Clerk shall be the clerk of the Board. 3. The Board shall have the power to establish by rules and regulations, approved by the City Council: a. Regulations governing the purchase, transfer, or sale of plots and niches; and b. Standards of interment; and c. Requirements for monument foundations, monuments or sepulchral structures, tombstones, and trees, shrubs, flowers, or other plantings; and any other ornamental object; and d. The conduct of the public in cemeteries. 4. The Board shall have the power to direct the use of any bequest devised to the City for the benefit of the cemetery, for the purpose stated, if any, and in the best interest of the cemetery, subject to the approval of the City Council, if said bequest is accepted by the City. The City Council shall commit any such bequest for the purpose stated, if any, and in the best interest of the City. The City Clerk shall promptly notify the Board of any bequest for the benefit of a City cemetery or cemetery facilities. 5. The Board shall recommend to the City Council, as part of the annual budget, fees to support the operational costs of cemeteries, which may include the sale and transfer of burial rights, services provided by the City at the time of interment, and any other charges the Board considers appropriate. Page 21

6. The City Clerk shall execute and record any sale or transfer of burial rights at the expense of the purchasers. 7. The Board shall be responsible for the care, management, and preservation policies of cemeteries, and to direct the improvements and embellishments of cemeteries; subject to approval of the City Council. Section 7.15 PARKS AND RECREATION COMMISSION The Parks and Recreation Commission, hereinafter referred to as the Commission, is hereby to be maintained as existing, which Commission shall seek to provide various park and recreational experiences for children and adults of the Grand Ledge area thereby furthering the general welfare of the residents in the Grand Ledge area. A. The Commission shall consist of ten members, all of whom shall be residents of the City. Of these ten members, one shall be a Council member acting as a liaison without voting privileges, one shall be a school representative who shall be a resident of the City with voting privileges, and eight shall be residents of the City with voting privileges. All of said members shall be appointed by the Mayor, subject to confirmation by a majority of the City Council elected to and serving on said City Council. B. The Commission shall have the authority to develop a Parks and Recreation Master Plan subject to approval by the City Council. C. The Commission shall have the power to establish job descriptions for the recreation directors as deemed necessary by the Commission, subject to approval by the City Council. D. The Commission shall present a proposed recreation budget to the City Council for approval, as prepared by staff and approved by the Commission, the said budget to be submitted on an annual basis. E. The Commission has the authority to develop and recommend to the City Council regulations concerning parks and recreational structures, programs, land, and foliage, said regulations to become effective upon approval by the City Council. F. The Commission shall adopt its own internal rules and procedures, and keep a public record, filed with the City Clerk, of its proceedings. G. The Commission has the authority to regulate the trees, plants, and shrubs in City parks. H. The Commission shall have the power to direct the use of any bequest devised to the City for the benefit of parks and recreation, for the purpose stated, if any, and in the best interest of parks and recreation, subject to the approval of the City Council, if said bequest is accepted by the City. The City Council shall commit any such bequest for the purpose stated, if any, and in the best interest of the City. The City Clerk shall promptly notify the Commission of any bequest for the benefit of a City park or park facilities. Section 7.16 AUTHORITIES, BOARDS, AND COMMISSIONS A. The City Council may create such entities as may be needed for the public health, safety, and well-being of the City. B. The City Council may enter into agreements to establish those public authorities, joint boards and commissions, cooperative agreements, and other similar entities and arrangements as may be permitted by law that they determine to be in the interests of the City. Page 22