Page 1 of 47 Print Croswell, MI Code of Ordinances CHARTER CITY CHARTER CITY OF CROSWELL, MICHIGAN APPROVED NOVEMBER 5, 1985 EFFECTIVE DECEMBER 31, 1985 INDEX PREAMBLE Section Incorporation, Organization and Powers 1.1 Incorporation 1.2 Wards 1.3 Powers Elections 2.1 Officers to be Elected 2.2 Regular Elections 2.3 Primary Elections Eliminated 2.4 Terms of Office 2.5 Notice of Election 2.6 Election Procedure 2.7 Voting Hours 2.8 Qualification of Electors 2.9 Nominating Petitions 2.10 Approval of Petitions 2.11 Names on Ballots 2.12 Election Commission 2.13 Public Inspection of Petitions
Page 2 of 47 2.14 Forms of Ballots 2.15 Tie Vote 2.16 Recount 2.17 Recall Plan of Government 3.1 Council-Administrator Government 3.2 The City Council 3.3 Qualifications of Councilpersons 3.4 Compensation of Councilpersons 3.5 Selection of Mayor 3.6 Duties of Mayor and Mayor Pro Tem 3.7 City Administrator: Appointment 3.8 City Administrator Removal 3.9 Functions and Duties of City Administrator 3.10 Acting City Administrator 3.11 Relationship of Council to Administrative Service 3.12 City Clerk: Functions and Duties 3.13 City Treasurer: Functions and Duties 3.14 City Attorney: Appointment and Compensation 3.15 City Attorney: Functions and Duties 3.16 City Assessor: Appointment 3.17 City Assessor: Functions and Duties 3.18 Other Administrative Officers: Appointment and Compensation 3.19 Planning Commission General Provisions Regarding Officers and Personnel of the City 4.1 Eligibility for Office in City 4.2 Vacancies in Office 4.3 Resignations 4.4 Vacancies in Elective Offices 4.5 Change in Term of Office or Compensation
Page 3 of 47 4.6 Oath of Office and Bond 4.7 Surety Bonds 4.8 Liability and Bond to Continue 4.9 Delivery of Office and its Effects by Officer to His/Her Successor 4.10 Pecuniary Interests Prohibited 4.11 Nepotism 4.12 Employment and Removal of Personnel Other than Officers 4.13 Retirement System 4.14 Employee Welfare Benefits 4.15 Fees of Officers to Belong to the City 4.16 City Personnel Policy Procedure of the City Council 5.1 Regular Meetings 5.2 Special Meetings 5.3 Business at Special Meetings 5.4 Meetings to be Public 5.5 Quorum 5.6 Compelling Attendance 5.7 [Removed] 5.8 Publication of Council Proceedings 5.9 Council Rules: Miscellaneous Legislation 6.1 Prior City Ordinances and Regulations 6.2 Ordinance Enactment 6.3 Enactment, Amendment and Repeal of Ordinance 6.4 When Ordinances Take Effect 6.5 Penalties 6.6 Publication of Ordinances 6.7 Ordinances Granting Franchises and Contracts 6.8 Compilation and Codification of Ordinances
Page 4 of 47 6.9 Initiative and Referendum 6.10 Initiatory and Referendary Petitions 6.11 Council Procedure on Petitions 6.12 Submission to Electors 6.13 Ordinance Suspended 6.14 Ordinance Record 6.15 Publication of Ordinances 6.16 Compilation and Revision Miscellaneous Powers and Duties of Council/Restriction of Powers of Council 7.1 Public Health and Safety 7.2 Streets and Alleys 7.3 Licenses 7.4 Acquisition of Property 7.5 Cemeteries and Parks 7.6 Trusts 7.7 Mobile Homes and House Trailers 7.8 Appropriation of Private Property 7.9 Adoption of Zoning Ordinance 7.10 Investigations 7.11 Restrictions of Powers of the Council 7.12 Restriction of Powers to Lease City Property General Financial Provisions Budget, Audit, Purchasing 8.1 Fiscal Year 8.2 Budget Procedure 8.3 Budget Document 8.4 Budget Hearing 8.5 Adoption of Budget-Tax Limit 8.6 Budget Control 8.7 Depository 8.8 Independent Audit: Annual Report
Page 5 of 47 8.9 Purchasing Procedure Taxation 9.1 Power to Tax 9.2 Subjects of Taxation 9.3 Exemptions 9.4 Tax Day and Assessments 9.5 Board of Review 9.6 Meeting of the Board of Review 9.7 Notice of Meetings 9.8 Organization and Function of the Board of Review 9.9 Endorsement of Roll 9.10 Clerk to Certify Tax Levy 9.11 City Tax Roll 9.12 Tax Roll Certified for Collection 9.13 Tax Lien on Property 9.14 Taxes Due - Notification Thereof 9.15 Administration Fees and Interest 9.16 Sale of Goods and Chattels 9.17 Tax Roll to County Treasurer 9.18 Jeopardy Assessment 9.19 State, County and School Taxes Borrowing Power 10.1 General Borrowing 10.2 Special Assessment Bonds 10.3 Mortgage Revenue Bonds 10.4 Other Bonds 10.5 Preparation and Record 10.6 Unissued Bonds 10.7 Emergency Loans 10.8 Deferred Payment Contracts
Page 6 of 47 Special Assessments 11.1 General Power Relative to Special Assessments 11.2 Detailed Procedure to be Fixed by Ordinance 11.3 Objections to Improvements 11.4 Hazards and Nuisances 11.5 Lien Not Destroyed by Judgement Municipal Utilities 12.1 General Powers Respecting Utilities 12.2 Management of Public Utilities 12.3 Rates 12.4 Utility Charges - Collection 12.5 Accounts 12.6 Disposal of Utility Plants and Property Miscellaneous 13.1 City Liability 13.2 No Estoppel by Representation 13.3 Headings 13.4 Tense 13.5 Records to the Public 13.6 Effect of Illegality of Any Part of Charter 13.7 Amendments 13.8 Vested Rights Continued 13.9 Definition of Default Schedule 14.1 Election to Adopt This Charter 14.2 Form of Ballot 14.3 Effective Date of This Charter 14.4 Status of Schedule Chapter PREAMBLE
Page 7 of 47 We, the People of the City of Croswell, pursuant to authority granted by the constitution and statutes of the State of Michigan, and, in order to secure the benefits of efficient self-government, and otherwise to promote our common welfare, do hereby ordain and establish this charter. CHAPTER I INCORPORATION, ORGANIZATION AND POWERS SECTION 1.1 INCORPORATION. The municipal corporation now existing and known as the City of Croswell shall be and continue a municipal corporation under the name of "City of Croswell". SECTION 1.2 WARDS. The City shall constitute one ward which shall be divided into as many election precincts as the Council may by ordinance prescribe consistent with the general election law of the state. SECTION 1.3 POWERS. All of the powers, not inconsistent with the provisions of this charter, possessed by the City of Croswell by virtue of Action No. 215 of the Public Acts of 1895 as granted by Act No. 368 of the Michigan Local Acts of 1905 are hereby expressly reserved to the City of Croswell under this charter. Further the City shall be vested with any and all powers which cities are, or hereafter may be, required or permitted to exercise or to provide for in their charters under the constitution and statutes of the State of Michigan, as fully and completely as though those powers were specifically enumerated herein, except for such limitations and restrictions as are provided in this charter and no enumeration of particular powers in this charter shall be held to be exclusive. C HAPTER II ELECTIONS SECTION 2.1 OFFICERS TO BE ELECTED. The elective officers of the City shall be five (5) councilpersons, all of whom shall be elected by the City at large. SECTION 2.2 REGULAR ELECTIONS.
Page 8 of 47 A regular city election shall be held on the first Tuesday following the first Monday in November of each odd year beginning with 1985. SECTION 2.3 PRIMARY ELECTIONS ELIMINATED. As of the election of November 2, 2010, non-partisan city primary elections shall be eliminated within the city. Instead, the nominating of candidates for elective city office shall be by nominating petition pursuant Charter Section 2.9. (Amendment Approved at the General Election of November 2, 2010) SECTION 2.4 TERMS OF OFFICE. Effective in 1985 there shall be three (3) members elected to the City Council and in 1987 there shall be two (2) members elected and elections shall be staggered in such manner hereafter. Those whose terms have not expired shall fulfill their terms. SECTION 2.5 NOTICE OF ELECTION. Notice of the time and place of holding any election and the officers to be elected and the questions to be voted upon shall, except as herein otherwise provided, given by the Clerk in the same manner and at the same times as provided in the State election laws for the giving of notices by city clerks in state elections. SECTION 2.6 ELECTION PROCEDURE. The general election laws of the State shall apply to and control, as near as may be all procedures relating to registration and elections, except as such general laws relate to political parties or partisan procedure, or require more than one publication of notice, and except as otherwise provided by this charter. SECTION 2.7 VOTING HOURS. The polls of all City elections shall be opened at 7:00 a.m., or as soon thereafter as may be, on election day and shall remain open until 8:00 p.m. of the same day. SECTION 2.8 QUALIFICATIONS OF ELECTORS. The inhabitants of the City having the qualifications of the electors in the State of Michigan, and no others, shall be electors of the City. SECTION 2.9 NOMINATING PETITIONS.
Page 9 of 47 Persons desiring to qualify as candidates for any elective office under this charter shall file with the City Clerk a petition therefor signed by not less than twenty (20) nor more than forty (40) registered electors of the City not later than the closing time of the City offices on the twelfth Tuesday prior to the date of the regular and/or special city election. Blank petitions in substantially the same form as required by state law for state and county officers, except for references to party, shall be prepared and furnished by the Clerk. At least one week before, and not more than three weeks before, the last day for filing nominating petitions, the Clerk shall publish notice to that effect. (Amendment Approved at the General Election of November 2, 2010) SECTION 2.10 APPROVAL OF PETITIONS. The Clerk shall accept for filing only nominating petitions on official blanks containing the required number of signatures for qualified candidates. When petitions are filed by persons other than the person whose name appears thereon as a candidate, they may be accepted for filing only when accompanied by the written consent of the person in whose behalf the petition or petitions were circulated. The Clerk shall forthwith determine the sufficiency of the signatures on each petition filed, and if he/she finds that any petition does not contain the required number of legal signatures of registered electors, he/she shall immediately notify the candidate, who may file an amended petition not later than five (5) days after the date and hour for filing the original petition. Petitions which are found by the Clerk to contain the required number of signatures of registered electors for candidates shall be marked "Qualified", with the date thereof. SECTION 2.11 NAMES ON BALLOTS. The form of the ballot used in any city election shall conform as nearly as may be to that prescribed by the general laws of the state, except that no party designation or emblem shall appear upon any city ballot. The names of qualified candidates for each office shall be listed in a single column and shall be rotated on the ballots. In all other respects the printing and numbering of ballots shall conform to the general laws of the state relating to elections. SECTION 2.12 ELECTION COMMISSION. An election commission is hereby created, consisting of the City Clerk, the City Treasurer, and the Mayor. The City Clerk shall be chairperson. The commission shall have charge of all other activities and duties relating to the conduct of elections in the City as required by state law. The compensation of election personnel shall be determined in advance by the commission, and shall be a fixed amount for each election; provided, such compensation shall not exceed the amount appropriated for elections in the budget, unless such increase shall first have been approved by the City Council as are other increases in appropriations for any department or function. The commission shall perform all of the duties required of city election commissions by state law and this charter. In the event of a conflict in election procedure as between the general election laws of the state and the provisions of this charter, or in any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. When a city election is
Page 10 of 47 held on the same day as a national, state or county election or primary, the same election officials shall act in both the city election and the national, state or county election or primary. (Amendment Approved at the General Election of November 2, 2010) SECTION 2.13 PUBLIC INSPECTION OF PETITIONS. All nomination petitions shall be open to public inspection in the office of the Clerk beginning five (5) days after the filing date for such petitions. SECTION 2.14 FORM OF BALLOTS. 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 that prescribed by the general laws of the state, except that no party designation or emblem shall appear. SECTION 2.15 TIE VOTE. If at any municipal election there shall be no choice between candidates by reason of two (2) or more candidates having received an equal number of votes, then the Board of Canvassers shall name a date for the appearance of such candidates for the purpose of determining the election of such candidates by lot as provided by state law. SECTION 2.16 RECOUNT. A recount of the votes cast at any city election for any office, or upon any proposition, may be had in accordance with the general election laws of the state. SECTION 2.17 RECALL. Any official may be removed from office by the electors in the manner provided by the general law of the State. A vacancy created by the recall of any elective official shall be filled in the manner prescribed by law. CHAPTER III PLAN OF GOVERNMENT SECTION 3.1 COUNCIL-ADMINISTRATOR GOVERNMENT. It is the intent of this charter to provide for the council-administrator form of government.
Page 11 of 47 SECTION 3.2 THE CITY COUNCIL. All powers of the City except as otherwise provided in this charter shall be vested in and all matters of policy of the City shall be exercised and determined by an elected City Council of five (5) members who shall be elected from the City at large. In all cases where the word "Council" is used in the charter, the same shall mean and shall be synonymous with the terms "commission", "common council", "board of aldermen", "governing body", or "legislative body", or any other synonymous terms, as the same may be used in any state or federal law in referring to legislative or governing bodies of cities. SECTION 3.3 QUALIFICATIONS OF COUNCILPERSONS. No person shall be eligible to any elective office who is in default to the City and unless he/she is a duly registered elector in the City, and has been a resident of the City for one (1) year immediately prior to the election at which he/she is a candidate for office. All votes for, or appointments of, any such defaulter shall be void. SECTION 3.4 COMPENSATION OF COUNCILPERSONS. The Mayor and Councilpersons shall receive such compensation as is determined by the Local Officers Compensation Commission of the City of Croswell in accordance with the provisions of Act 8 of the Public Acts of 1972, as amended, and the appropriate ordinance adopted by the City of Croswell in pursuance thereto. The compensation presently established for the Mayor and Council by the Local Officers Compensation Commission of the City of Croswell shall continue after the adoption of this section of the Charter for the remainder of the terms of the Mayor and Council unless otherwise changed by said Local Officers Compensation Commission pursuant to said Ordinance and the Law. Such compensation shall be paid as best determined by the Local Officers Compensation Commission, but at least annually. Except as otherwise provided in this charter, such compensation shall constitute the only compensation which may be paid the Mayor or Council for the discharge of any official duty for or on behalf of the City during their tenure of office. However, the Mayor and Council may be paid such necessary bona fide expenses incurred in service on behalf of the City as are authorized and itemized. SECTION 3.5 SELECTION OF MAYOR. The Council shall, at the first meeting in January following each regular city election, elect one of its members to serve as Mayor and one to serve as Mayor Pro Tem, both for a term expiring at the first council meeting in January following the next regular city election. SECTION 3.6 DUTIES OF MAYOR AND MAYOR PRO TEM.
Page 12 of 47 (a) Insofar as required by law, and for all ceremonial purposes, the Mayor shall be recognized as the executive head of the City. He/she shall have an equal voice and vote in the proceedings of the Council, but shall have no veto power. (b) He/she shall be a conservator of the peace, and may exercise within the City the powers conferred upon sheriffs to suppress disorder, and shall have the power to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the City, and to suppress riot and disorderly conduct. (c) He/she shall authenticate by his/her signature such instruments as the Council, this charter, or the laws of the State of Michigan or of the United States shall require. (d) He/she shall exercise only such powers as the state laws, this charter, or the Council shall specifically confer upon or require of him/her. (e) The Mayor Pro Tem shall perform the duties of the Mayor when, on account of absence from the City, disability, or otherwise, the Mayor is temporarily unable to perform the duties of his/her office, and in case of vacancy in the office of Mayor, until such vacancy is filled by the Council. He/she shall preside over the meetings of the Council at the call of the Mayor. In the event of a vacancy occurring in the office of Mayor Pro Tem, the Council shall appoint from its elected membership to fill such vacancy. SECTION 3.7 CITY ADMINISTRATOR: APPOINTMENT. The Council shall, as soon as possible with all due diligence after any vacancy exists in the position of City Administrator, appoint a City Administrator for an indefinite period and shall fix his/her compensation. The City Administrator shall be the Chief Administrative office of the city government. He/she shall have a college baccalaureate degree or its equivalent in a field pertinent to city administration, or he/she shall have had at least four (4) years experience in such public administrative work as would qualify him/her for the position of administrator, and said appointment shall be made without regard to his/her political or religious preferences. The City Administrator need not be a resident of the City at the time of his/her appointment and pursuant to state law shall not be required to become a resident thereafter. No member of the Council shall be eligible for the position of City Administrator within two (2) years of the expiration of his/her last term on the Council. (Amendment Approved at the General Election of November 2, 2010) SECTION 3.8 CITY ADMINISTRATOR; REMOVAL. The City Administrator shall hold office at the pleasure of a majority of the City Council, provided that he/she shall not be removed from office during a period of ninety (90) days following the swearing in of the Council after any regular city election except by the affirmative vote of four (4) members of the City Council. SECTION 3.9 FUNCTIONS AND DUTIES OF CITY ADMINISTRATOR.
Page 13 of 47 The functions and duties of the City Administrator shall be: (a) To see that all laws and ordinances are enforced; (b) To recommend the heads of the several city departments to the City Council, to recommend removal of such department heads, to act as Personnel Director, and to administer labor contracts, personnel management and disciplinary actions in accordance with the policies of the City; (c) To oversee the management and supervision of all public improvements, works and undertakings of the City. He/she shall have charge of the construction, repair, maintenance and cleaning of streets, sidewalks, bridges, pavements, sewers and of all public buildings or other property belonging to the City. He/she shall oversee the management and supervision of all city utilities and shall be responsible for the preservation of property, tools and appliances of the City; (d) To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise, or in any contract are faithfully kept and performed; (e) To recommend an annual budget to the Council; to administer the budget as finally adopted under policies formulated by the Council and to keep the Council fully advised at all times as to the financial condition and needs of the City; (f) To recommend to the Council for adoption such measures as he/she may deem necessary or expedient; (g) To exercise and perform all administrative functions of the City that are not imposed by this charter or any city ordinance upon some other official; (h) To perform such other duties as may be prescribed by this charter or as may be required of him/her by ordinance or by direction of the Council. SECTION 3.10 ACTING CITY ADMINISTRATOR. The Council shall appoint or designate an Acting City Administrator during the period of a vacancy in the office or during the absence of the City Administrator from the City. Such Acting City Administrator shall, while he/she is in such office, have all the responsibilities, duties, functions and authority of the City Administrator. SECTION 3.11 RELATIONSHIP OF COUNCIL TO ADMINISTRATIVE SERVICE. The City Administrator shall be responsible to the Council for the efficient administration of all departments of the city government under his/her jurisdiction. Even though the Council must approve all appointments made by the Administrator by a majority vote, neither the Council nor any of its members or committees shall dictate the appointment of any person to office by the City Administrator. Except for the purpose of inquiry, the Council and its members should deal with the administrative service through the City Administrator, and no councilperson shall give orders to any of the subordinates of the City Administrator.
Page 14 of 47 SECTION 3.12 CITY CLERK; FUNCTIONS AND DUTIES. (a) The Clerk shall be appointed by the Council to be the Clerk of the Council and shall attend all meetings of the Council and shall keep a permanent journal in the English language of its proceedings. He/She shall keep a record of all ordinances, resolutions and regulations of the Council; (b) He/She shall be custodian of the City seal, and shall affix it to all documents and instruments requiring the seal, and shall attest the same. He/She shall also be custodian of all papers, documents and records pertaining to the City of Croswell, the custody of which is not otherwise provided for. He/she shall give to the proper department or officials ample notice of the expiration or termination of any franchises, contracts, or agreements; (c) He/she shall certify by his/her signature all ordinances and resolutions enacted or passed by the Council and perform any other duties required of him/her by state law, this charter or by the Council; (d) He/she shall provide and maintain in his/ her office a supply of forms for all petitions required to be filed for any purpose by the provisions of this charter, and shall accept no petitions for any purpose set forth in this charter which are not on the forms provided by him/her for such purpose; (e) He/she shall perform such other duties as may be prescribed for him/her by this charter, state or federal law, or the City Administrator; (f) He/she shall be responsible for the maintenance of a system of accounts of the City which shall conform to any uniform system required by state law and by the Council. All accounts of the City shall be balanced at the end of each calendar month, and a report made thereof by the Clerk to the Council and the City Administrator. SECTION 3.13 CITY TREASURER; FUNCTIONS AND DUTIES. (a) The Treasurer shall be appointed by the Council to have the custody of all moneys of the City, the Clerk's bond, and all evidences of value belonging to the City, or held in trust by the City; (b) He/she shall receive all moneys belonging to and receivable by the City, that may be collected by any officials or employees of the City, including license fees, taxes, assessments, utility charges and all other charges belonging to and payable to the City, and shall in all cases give a receipt therefor; (c) He/she shall keep and deposit all moneys or funds in such manner and only in such places as the Council may determine and shall report the same in detail to the Clerk; (d) He/she shall have such powers, duties and prerogatives in regard to the collection and custody of state, county and school district, and city taxes and moneys as are conferred by law to enforce the collection of state, county, township and school district taxes upon real and personal property; (e) He/she shall perform such other duties as may be prescribed for him/her by State or Federal law, this charter, or by the City Administrator.
Page 15 of 47 SECTION 3.14 CITY ATTORNEY; APPOINTMENT AND COMPENSATION. The Council shall appoint a City Attorney who shall serve at its pleasure and shall fix his/her compensation. The compensation set by the Council for the City Attorney shall be in contemplation of the normal duties of that office. Special compensation may be provided at the discretion of the Council in cases of appeals to or litigation commenced in the Federal Courts, the Circuit Court or State Supreme Court, work requiring extensive hearings before quasijudicial or administrative tribunals, for legal work in connection with the issuance of bonds of the City, and for condemnation proceedings. No such special compensation shall be given by the Council except in accordance with an agreement between itself and the City Attorney made before the service, for which such special compensation is to be paid, has been rendered. SECTION 3.15 CITY ATTORNEY; FUNCTION AND DUTIES. (a) The City Attorney shall act as legal adviser to, and attorney and counsel for, the Council and all its members in matters relating to their official duties. He/ she shall give written opinions to any official or department of the City when requested in writing by the Council or City Administrator so to do and shall file a copy of same with Clerk; (b) He/she shall conduct for the City all cases in all courts and before all legally constituted tribunals whenever the City is a party thereto; (c) He/she may prepare or officially pass upon, all contracts, bonds and other instruments in writing, in which the City is concerned, and certify before execution as to their legality and correctness of form; (d) He/she shall file in the office of the Clerk the original copy of all franchises granted by the City, of all contracts and agreements entered into by or on behalf of the City, and of all papers constituting a part of the proceedings in all courts or legally constituted tribunals to which the City is a party, together with the pertinent data and information concerning the same; (e) He/she shall be charged with the responsibility of calling to the attention of the Council and the City Administrator all matters of law and changes or developments therein affecting the City; (f) He/she shall perform such other duties as may be prescribed by the charter or the Council; (g) Upon the recommendation of the City Attorney, or upon its own motion, the Council may retain special legal counsel to handle any matter to which the City is part or in which the City has an interest, or to assist and counsel with the City Attorney therein. SECTION 3.16 CITY ASSESSOR; APPOINTMENT. A state certified City Assessor shall be appointed by the City Council upon the recommendation of the City Administrator. SECTION 3.17 CITY ASSESSOR: FUNCTIONS AND DUTIES.
Page 16 of 47 The City Assessor shall possess all the powers vested in and shall be charged with all the duties imposed upon assessing officers by the general laws of the State. He/she shall make and prepare all regular and special assessment rolls in the manner prescribed by this charter and the general laws of the State. He/she shall perform such other duties as may be prescribed for him/her in this charter or by the Council or City Administrator. SECTION 3.18 OTHER ADMINISTRATIVE OFFICERS: APPOINTMENT AND COMPENSATION. The other administrative officers may include but not be limited to the Police Chief, D.P.W. Superintendent, Superintendent of the City Water Filtration Plant, Superintendent of the City Light and Power Department, Wastewater Treatment Plant Superintendent, Cemetery Sexton, and Ambulance Director. All such officers shall be appointed by the City Council upon the recommendation of the City Administrator. The City Council shall fix the rate of compensation for all administrative officers of the City within the limits of budget appropriations. (Amendment Approved at the General Election of November 2, 2010) SECTION 3.19 PLANNING COMMISSION. The Council shall by ordinance establish and maintain a city planning commission having the powers and duties prescribed by state law. The City Administrator and/or City Clerk shall be an ex-officio member of the planning commission. CHAPTER IV GENERAL PROVISIONS REGARDING OFFICERS AND PERSONNEL OF THE CITY SECTION 4.1 ELIGIBILITY FOR OFFICE IN CITY. No person shall be elected or appointed to any office who is in default to the City. The election or appointment of any such defaulter shall be void. No person shall be eligible to any elective office of the City unless he/she shall be a qualified elector in the City, and shall have been a resident of the City for at least one (1) year immediately prior to the date of the election at which he/she is a candidate for office. SECTION 4.2 VACANCIES IN OFFICE. Any city office shall become vacant upon the occurrence of one or more of the following events before the expiration of the term of such office: (a) For any reason specified by State law creating a vacancy;
Page 17 of 47 (b) If any appointed officer of the City shall absent him/herself continuously from the City for more than seven (7) days without the permission of the Council; (c) In the case of the Mayor and members of the Council, where such officers shall miss three (3) consecutive regular meetings of the Council, or twenty-five (25%) of such meetings in any fiscal year of the City, unless such absences shall be excused by the Council and the reason entered in the proceedings of the Council; (d) If the officer shall be convicted of any act constituting misconduct in office under the provisions of this charter; (e) If any elected official shall be elected or appointed to another public elective office. In that event, the vacancy shall commence when that City official takes office with the other public elective office. (Amendment Approved at the General Election of November 3, 1998) SECTION 4.3 RESIGNATIONS. Resignations of elective officers shall be made in writing and filed with the Clerk and shall be acted upon by the Council at its next regular meeting following receipt thereof by the Clerk. Resignations of appointed officers shall be made in writing to the City Administrator, and shall be immediately acted upon. SECTION 4.4 VACANCIES IN ELECTIVE OFFICES. If a vacancy occurs in any elective office, the Council shall, within thirty (30) days after such vacancy occurs, appoint by majority vote of the Council a person to fill such vacancy until the next regular city election, provided that if any such vacancy in the position of councilperson is not so filled by appointment within the said thirty (30) days, or if three (3) or more vacancies in the position of councilperson exist simultaneously, the City Clerk shall forthwith call a special election to be held within sixty (60) days thereafter to fill such vacancy or vacancies for the unexpired terms of the individuals whose offices have become vacant; provided, however, that no vacancy in the position of Councilperson shall be filled by special election as above provided if the term of office of the Councilperson whose office has become vacant expires within ninety (90) days after the vacancy occurs, notwithstanding the foregoing. SECTION 4.5 CHANGE IN TERM OF OFFICE OR COMPENSATION. Except by procedures provided in this charter, the terms of the elective officials of the City shall not be shortened. The terms of elective officers of the City may not be extended beyond the period for which such officer was elected except that an elective officer of the City shall, after his/her term has expired, continue to hold office until his/her successor is elected and has qualified. The Council shall not grant or authorize an extra compensation to any city officer, agent or contractor, after the service has been rendered or the contract entered into. Nor shall the salary of any elective city officer be decreased after his/her election during any fixed term of office for which he/she was elected.
Page 18 of 47 SECTION 4.6 OATH OF OFFICE AND BOND. Every officer, elected or appointed, before entering upon the duties of his/her office, shall take the oath of office prescribed by Section 1 of Article XI of the constitution of the State and shall file the same with the Clerk, together with any bond which he/she may be required by this charter or by the Council to give. In case of failure to comply with the provisions of this section within ten days after the first meeting in January following his/her election or ten days after his/her appointment, such officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the Council shall, by resolution, extend the time in which such officer may qualify as above set forth. SECTION 4.7 SURETY BONDS. Except as otherwise provided in this charter, the Council must require all officers and employees to be covered by bond, to be approved by the Council, conditioned upon the duties of their office or employment, in such sum as the Council shall determine. All such officers or employees receiving, disbursing or responsible for the city funds shall be bonded. The resignation or removal of any bonded officer or employee shall not, nor shall the appointment of another to the office or employment, exonerate such officer or employee or his/her sureties from any liability incurred by him/her or them. All official bonds shall be corporate surety bonds and the premiums thereon shall be paid by the City, except as otherwise provided in this charter. All bonds of all officers or employees shall be filed with the Clerk, except that of the Clerk, him/herself, which shall be filed with the Treasurer. SECTION 4.8 LIABILITY AND BOND TO CONTINUE. The resignation, removal or discharge of any officer or employee of the City shall not, nor shall the election or appointment of another to his/her office or employment, exonerate such officer or employee or his/her sureties from any liability incurred by him/her or them. SECTION 4.9 DELIVERY OF OFFICE AND ITS EFFECTS BY OFFICER TO HIS/HER SUCCESSOR. Whenever any officer or employee required by this charter to be a resident, shall cease to be a resident of the City, resign, or be removed from office, or the term for which any officer has been elected or appointed has expired, he/she shall, on demand, deliver to his/her successor in office or to his/her superior all the books, papers, moneys and effects in his/her custody as such officer or employee, and which in any way appertain to his/her office or employment. Every person violating this provision shall be deemed guilty of a misdemeanor, and may be proceeded against in the same manner as public officers generally for a like offense under the general laws of the State now or hereafter in force and applicable thereto. Every officer and employee of the City shall be deemed an officer within the meaning and provisions of such general laws of the State for the purpose of this section. SECTION 4.10 PECUNIARY INTERESTS PROHIBITED.
Page 19 of 47 No officer elected or appointed for the City shall be interested directly or indirectly as principal, surety or otherwise in the fulfillment of any contract, job, work, claim or service in which the City is a party, or in the sale of property to the City. No elective or appointive officer shall take any official action on any contract or other matter in which he/she has any financial interest other than the common public interest. This shall not be construed as prohibiting the purchasing department or other officer of the City from purchasing of, or contracting with an established business concern in which a Councilperson may be interested, provided that such business was established and the Councilperson's connection therewith was well known to the public at the time of his/her election, and provided further that such purchasing and contracting shall be done under competitive conditions. Violation of this section shall be deemed to be misconduct in office and punishable as such, and the officer so offending shall forfeit his/her office. SECTION 4.11 NEPOTISM. Unless the Council shall by four-fifths (4/5) vote of the members elect thereof, other than the member involved, which vote shall be recorded as part of the official proceedings, determine that the best interests of the City shall be served, the following relatives of any elective or appointive officer are disqualified from holding any appointive office or City employment during the term for which said officer was elected or appointed: spouse, child, parent, grandchild, grandparent, brother, sister, half-brother, half-sister, or the spouse of any of them. All relationships shall include those arising from adoption. This section shall in no way disqualify such relatives or their spouses who are bona fide appointive officers or employees of the City at the time of the election or appointment of said official. SECTION 4.12 EMPLOYMENT AND REMOVAL OF PERSONNEL OTHER THAN OFFICERS. Employees of the City, other than those officers provided by this charter, and other than department heads, shall be employed and removed by department heads with the approval of the City Administrator, subject to personnel policies, rules and labor contracts. SECTION 4.13 RETIREMENT SYSTEM. A retirement system for the employees of the City of Croswell, Michigan, shall be continued for the purpose of providing retirement allowances for the employees of the City. SECTION 4.14 EMPLOYEE WELFARE BENEFITS. The Council shall have the power to make available to the administrative officers and employees of the City and its departments and boards any recognized standard plan of group life,
Page 20 of 47 hospital, health, or accident insurance, either independently of, or as a supplement to, any retirement plan provided for the employees and officers. SECTION 4.15 FEES OF OFFICERS TO BELONG TO THE CITY. The respective salaries and compensation of officers fixed by this charter, or by ordinance or resolution of the Council, shall be in full for all official services as such officers for the City or public, and shall be in lieu of all fees, commissions and other compensation receivable by such officers for their services in performance of the duties of their offices; which fees, commissions and compensation shall belong to the City, and be collected and accounted for by such officers, and be paid to the city treasury, and a statement thereof filed with the City Clerk as often as once in each week. SECTION 4.16 CITY PERSONNEL POLICY. A City Personnel Policy for personnel management shall be created. Such system shall provide at least the following: (a) For the professional and impartial approach to municipal personnel problems based solely on the fitness, training, and experience of the individual with no discrimination on account of political or religious opinion; (b) The appointment of a committee by the City Council to administer the personnel policy with the City Administrator acting as Chairperson with the title of Personnel Director; (c) That the system include all officers and employees of the City except officials holding elective offices, the City Administrator, City Attorney, technical consultants employed under contract, and members of boards and commissions; (d) That all newly appointed employees shall serve for a probationary period of not less than six (6) months or as prescribed by the union contract, during which period they may be dismissed without cause and without recourse to any appeal to the Personnel Policy Committee; (e) For the formulation by the Personnel Policy Committee of rules and regulations covering the selection, promotion, and discharge of municipal employees. Where competitive tests are used and eligible lists created, appointments shall be made from the three (3) candidates standing highest on such list. No person covered by the system shall be demoted or discharged except for cause or without the opportunity for a hearing before the Personnel Policy Committee, but nothing shall prevent the discharge of any person when the position he/she holds has been abolished or consolidated with another position or when a reduction of personnel is necessary; (f) For the preparation, installation and maintenance of a classification plan based on the duties, authority and responsibilities of position; (g) For the preparation and recommendation of a systematic salary plan for the positions covered by the system; (h) For the restriction of political activity in the City of Croswell municipal politics of persons covered by the system;
Page 21 of 47 (i) Provide a means whereby the City may enter into contractual arrangements or securing technical services or persons and corporations qualified in personnel work to assist the Personnel Policy Committee in carrying out its work; (Amendment Approved at election of August 4, 1992) CHAPTER V PROCEDURE OF THE CITY COUNCIL SECTION 5.1 REGULAR MEETINGS. The Council shall meet at the usual place for holding council meetings at 7:30 p.m. on the first Monday not a holiday of the new year following each regular city election, at which session newly elected members of the council shall be qualified and assume the duties of their office. Regular meetings shall thereafter be held at least twice each month, at such time and place within the City as the Council shall prescribe. SECTION 5.2 SPECIAL MEETINGS. Special meetings of the Council may be called by the Clerk on the request of the Mayor, any three (3) members of the Council, or the City Administrator on at least eighteen (18) hours notice to each member of the Council, designating the time, place, and purpose of any such meeting. Any special meeting of the Council at which not less than four (4) members of the Council are present or have in writing waived the requirement that notice be given at least eighteen (18) hours prior to the time specified for the holding of such meeting and at which a quorum of the Council is present, shall be a legal meeting. SECTION 5.3 BUSINESS AT SPECIAL MEETINGS. No business shall be transacted at any special meeting of the Council unless the same has been stated in the notice of such meeting. However, if all the members of the Council are present at any special meeting of the Council, then any business which might lawfully come before a regular meeting of the Council may be transacted at such special meeting. SECTION 5.4 MEETINGS TO BE PUBLIC. All regular and special meetings of the Council shall be open to the public and rules of order of the Council shall provide that citizens shall have a reasonable opportunity to be heard. SECTION 5.5 QUORUM.
Page 22 of 47 Three (3) members of the Council shall be quorum for the transaction of business at all regular meetings of the Council, but, in the absence of a quorum, two (2) members may adjourn any regular or special meeting to a later date. SECTION 5.6 COMPELLING ATTENDANCE. The City Council may enforce the attendance of any Councilperson, officer or employee at its meetings in such manner as shall by ordinance be prescribed, and it shall by ordinance prescribe punishment for any misbehavior, contemptuous act, or disorderly conduct by any member or person present at any session of the Council; said ordinance to be adopted within one year after the adoption of this charter. SECTION 5.7 [REMOVED]. (Amendment Approved at the General Election of November 2, 2010) ECTION 5.8 PUBLICATION OF COUNCIL PROCEEDINGS. The proceedings of the Council shall be published at least once within fifteen (15) days after approval of the minutes in a newspaper published in Sanilac County. The publication of a synopsis of such proceedings, prepared by the Clerk, showing the substance of each separate proceeding of the Council, including communications to the Council, shall be a sufficient compliance with the requirements of this section. SECTION 5.9 COUNCIL RULES: MISCELLANEOUS. Subject to the provisions of this charter, the Council shall determine its own rules and order of business and shall keep a journal of all its proceedings in the English language which shall be signed by the Mayor and the Clerk. The vote upon the passage of all ordinances, and upon the adoption of all resolutions shall be taken by "Yea" and "Nay" votes and entered upon the record, except that where the vote is unanimous, it shall only be necessary to so state. Each member of the Council who shall be recorded as present shall vote on all questions decided by the Council unless excused by the unanimous consent of the other members present, or unless excused by the unanimous consent of the other members present, or unless it involves a conflict of interest. Any citizen or taxpayer of the City shall have access to the minutes and records of all regular and special meetings of the Council at all reasonable times. CHAPTER VI LEGISLATION SECTION 6.1 PRIOR CITY ORDINANCES AND REGULATIONS.
Page 23 of 47 All by-laws, ordinances, resolutions, rules, and regulations of the City of Croswell, which are not inconsistent with the provisions of this charter, in force and effect at the time of adoption of the charter, shall continue in full force as by-laws, ordinances, resolutions, rules and regulations of the City of Croswell until repealed or amended by action of the proper authorities. SECTION 6.2 ORDINANCE ENACTMENT. All legislation of the City of Croswell shall be by ordinance or by resolution. (a) The word "resolution" as used in this charter shall be the official action of the Council in the form of a motion, and such action shall be limited to matters required or permitted to be done by resolution by this charter or by state or federal law and to matters pertaining to the internal affairs or concerns of this city government. (b) All other acts of the Council, and all acts carrying a penalty for the violation thereof, shall be by ordinance. Each ordinance shall be identified by a number and a short title. The style of all ordinances passed by the Council shall be "The City of Croswell Ordains:" (c) The Council may adopt any provision of state law or any detailed technical regulations as a city ordinance or code by reference to the extent and in the manner provided by state law, provided that any such provision of state law or code shall be clearly identified in the ordinance adopting the same as an ordinance of the city, and further, should any changes or amendments thereafter be made thereto, they should also be made a part of and included in such adoption. Where any such code is adopted, it may be published in book or booklet form available for public distribution at a reasonable charge and any amendment to or change of such adopted code or detailed ordinance may be published in the same manner. SECTION 6.3 ENACTMENT, AMENDMENT AND REPEAL OF ORDINANCE. Ordinances may be enacted, amended, or repealed by the affirmative vote of not less than three (3) councilpersons, except that when an ordinance is given immediate effect, Section 6A will govern. Unless by the affirmative vote of three councilpersons, no office shall be created or be abolished, no tax or assessment be imposed, no street, alley, or public ground be vacated, no real estate or any interest therein be sold or disposed of, no private property be taken for public use, nor any vote of the council be reconsidered or rescinded at a special meeting, or any money appropriated except as otherwise provided by this charter. Except in the case of emergency, no ordinance shall be finally passed by the Council at the same meeting at which it is introduced. No ordinance shall be revised, altered, or amended by reference to the title only, but the section or sections of the ordinance revised, altered or amended shall be re-enacted and published. However, an ordinance may be repealed by reference to its number and title only. SECTION 6.4 WHEN ORDINANCES TAKE EFFECT. The effective date of ordinances shall be prescribed therein, but the effective date shall not be earlier than fifteen (15) days after the enactment nor before publication thereof, except that ordinances immediately necessary for the preservation of the public peace, health or safety may
Page 24 of 47 be given earlier effect by the affirmative vote of not less than three Councilpersons if three or four Councilpersons are present at the meeting, and by the affirmative vote of not less than four (4) Councilpersons if five (5) Councilpersons are present at the meeting. In case an ordinance is given effect earlier than fifteen (15) days after its enactment, all requirements for publication may be met by posting copies thereof in conspicuous locations in three (3) public places in the City; and the Clerk shall, immediately after such posting, enter in the Ordinance Book under the record of the ordinance a certificate under his/her hand stating the time and place of such publication by posting, which certificate shall be prima facie evidence of the due publication and posting of the ordinance. SECTION 6.5 PENALTIES. The Council shall provide in each ordinance for the punishment of violations thereof, but, unless permitted by law, no such punishment, excluding the costs charged, shall exceed a fine of five hundred ($500.00) or imprisonment for not more than ninety (90) days, or both, in the discretion of the Court. Imprisonment for violation of ordinances may be in the County jail. SECTION 6.6 PUBLICATION OF ORDINANCES. Each ordinance passed by the Council shall be published at least once within fifteen (15) days after its adoption in a newspaper published in Sanilac County. The publication of any ordinance in full after its final passage as a part of the published proceedings of the Council shall constitute publication of such ordinance as required herein. All ordinances and revisions, alterations, or amendments of ordinances shall be recorded by the Clerk in a book to be called "The Ordinance Book", and it shall be the duty of the Mayor and Clerk to authenticate such records by their official signatures thereon. SECTION 6.7 ORDINANCES GRANTING FRANCHISES AND CONTRACTS. Every ordinance or resolution granting any franchise or right to occupy or use the streets, highways, bridges, or public places in the City for any purpose shall be complete in the form in which it is finally passed, and remain on file with the Clerk for public inspection for at least one (1) week before the final passage or adoption thereof. No exclusive franchises or grant of right to occupy or use the streets or public places of the City shall ever be granted. SECTION 6.8 COMPILATION AND CODIFICATION OF ORDINANCES. Within two years after the adoption of this charter and at least once in every ten years the Council shall direct and complete the compilation or codification and the publication of the charter and all ordinances of the city then in force, in loose-leaf or pamphlet form, and may provide for a reasonable charge for copies thereof. No further publication of any such compilation or codification shall be required for the validity thereof. In case the compilation or codification of the ordinances of the City shall have been maintained current and up-to-date during any ten-year period, no re-compilation or re-codification of the ordinances of the City shall be required during or at the end of such period.