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(a) Establishment; Powers and Duties. The City Planning Commission, heretofore created in accordance with the Michigan Municipal Planning Act, Public Act 285 of 1931, repealed and replaced by the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended, is hereby continued pursuant to MCL 125.3881(3). The Planning Commission shall have all of the powers and shall be charged with all of the duties set forth in the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended, being MCL 125.3801 et seq. The Planning Commission shall further have all the powers and duties now or hereafter conferred upon such commissions by the law of the State of Michigan.
(b) Membership; Compensation; Other Offices.
(1) The Planning Commission shall consist of nine members appointed by the Mayor, subject to the approval, by a majority vote, of the members of the City Commission elected and serving. Members may include the City Manager or a person designated by the City Manager, if any, the Mayor and one or more members of the City Commission, or any combination thereof, as ex officio members; however, not more than one-third of the members of the Planning Commission may be ex officio members. Except as provided in this subsection, an elected officer or employee of the local unit of government is not eligible to be a member of the Planning Commission.
(2) The term of an ex officio member of a Planning Commission shall be as follows:
A. The term of a Mayor shall correspond to their term as Mayor.
B. The term of a City Manager shall expire with the term of the Mayor that appointed that City Manager.
C. The term of a member of the City Commission shall expire with their term on the City Commission.
(3) Members of the Planning Commission other than ex officio members shall be appointed for three-year terms or until their successor takes office.
(4) The membership of a Planning Commission shall be representative of important segments of the community, such as the economic, governmental, education, and social development of the local unit of government, in accordance with the major interests as they exist in the local unit of government, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry and commerce. The membership shall also be representative of the entire geography of the local unit of government to the extent practicable.
(5) Members of a Planning Commission shall be qualified electors of the local unit, except that one Planning Commission member may be an individual who is not a qualified elector of the City.
(6) Members of the Planning Commission shall serve as such without compensation.
(c) Removal of Members; Conflict of Interest.
(1) The City Commission may remove a member of the Planning Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing.
(2) Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Planning Commission. The member is disqualified from voting on the matter if so provided by the bylaws, or a majority vote of the remaining members of the Planning Commission.
(3) Failure of a member to disclose a potential conflict of interest as required by this subsection constitutes malfeasance in office.
(4) The Planning Commission shall define conflict of interest in its bylaws.
(d) Vacancies. Vacancies occurring other than through the expiration of term shall be filled for the unexpired term in the same manner as provided for an original appointment.
(e) Chairperson; Meetings; Rules; Records; Bylaws; Annual Report. The Planning Commission shall elect a Chairperson and Secretary from among the appointed members and create and fill such other of its offices as it may consider advisable. An ex officio Planning Commission member is not eligible to serve as Chairperson. The term of each officer shall be one year with eligibility for reelection as specified in its bylaws. The Commission shall hold not less than four regular meetings each year, and by resolution shall determine the time and place of the meetings. It shall adopt rules for the transaction of business set out in bylaws and shall keep a record of its resolutions, transactions, findings and determinations, which records shall be a public record. It shall also make an annual written report to the City Commission concerning its operations and the status of planning activities, including recommendations regarding actions by the City Commission related to planning and development.
(Ord. 10-2020.Passed 11-24-20.)