SECTION 1. All powers of the Village of Bingham Farms, except as otherwise provided by statute or this charter, shall be vested in the Council which shall consist of a president and six (6) trustees to be elected at large.
SECTION 2. The Council shall constitute the legislative and governing body of said Village of Bingham Farms, with power and authority to pass such ordinances and adopt such resolutions as they shall deem proper in order to exercise the powers possessed by said Village of Bingham Farms.
SECTION 3. The president and trustees shall be elected on a non-partisan ticket from the Village of Bingham Farms at large and shall be subject to recall as hereinafter provided. No person shall be eligible to the office of president or trustee who shall not be at the time of his election or appointment 25 years of age, a citizen of the United States, a resident of the territory incorporated as the Village of Bingham Farms, and an owner of real property in the Village of Bingham Farms, or the lawful wife or husband of such person.
SECTION 3-A. No person shall be eligible for the elective offices of president or trustee, or for appointment to the Planning Commission, unless he or she shall be an elector of the Village of Bingham Farms. No person shall be elected or appointed to any office in the Village of Bingham Farms who has been or is a defaulter to the Village or to any board or municipal corporation of the State. All votes for any appointment of such defaulter shall be void. Not more than 30 days after receiving notice of his or her election or appointment, all officers of the Village, whether elected or appointed, shall take and subscribe the oath of office prescribed by the constitution of the State, and Chapter III, Section 23 of this Charter and file the oath with the Village Clerk. An officer who fails to comply with the requirements of this subsection shall be considered to have declined the office. (Section 3-A as amended September 13, 2005 and November 8, 2022)
SECTION 4. At the election at which this charter shall be submitted there shall be elected a president whose term of office shall begin upon the taking effect of this charter and who shall serve until 8:00 p.m. on the second Monday following the regular municipal election in the year 1957. At the regular municipal election in the year 1957 and every second year thereafter shall be elected a president, whose term of office shall begin at 8:00 p.m. on the second Monday following the regular municipal election in the second year thereafter.
SECTION 5. At the election at which this charter shall be submitted there shall be elected six (6) trustees whose terms of office shall begin upon the taking effect of this charter. The three (3) candidates for trustee receiving the highest number of votes at said election shall be deemed to be elected and shall serve until 8:00 p.m. on the second Monday following the regular municipal election in the year 1957, and the three candidates for trustee receiving the next highest number of votes at said election shall be deemed to be elected and shall serve until 8:00 p.m. on the second Monday following the regular municipal election in the year 1956. In the event that the determination of the term of office of two or more candidates is impossible because of a tie vote, then the same shall be determined by lot. At the regular municipal election in the year 1956 and every year thereafter there shall be elected three trustees. The term of office of each trustee, except those elected at the election at which this charter is submitted, shall begin at 8:00 p.m. on the second Monday following his election, and shall expire at 8:00 p.m. on the second Monday following the regular municipal election in the second year thereafter. The Council shall be the judge of election and qualification of its own members, subject, however, to the provisions of the laws of the State in respect to recounts and to review by the courts in appropriate proceedings.
SECTION 6. At 8:00 p.m. of the day upon which this charter shall take effect, and at the same time on the second Monday following each regular municipal election thereafter, the Council shall meet for the purpose of organization. The first organization meeting shall be held on the premises of the Outland Riding Academy or such other place as council may adjourn to and thereafter the organization meetings shall be held at the usual place for holding meetings of the Council. Other meetings of the Council shall be held at such times as may be prescribed by ordinance or resolution, provided that it shall meet regularly and not less than once a month. The president or any two trustees may call special meetings of the Council upon at least twenty-four (24) hours' written notice to each member, served personally or left at his usual place of residence, provided, however, any special meeting at which all members of the Council are present shall be a legal meeting for all purposes, without such written notice. All meetings of the Council shall be public and any person may have access to the minutes and records thereof at all reasonable times. The Council shall determine its own rules and order of business. It shall keep a journal of the proceedings in English which shall be signed by the President and Clerk.
SECTION 7. Four members of the Council shall constitute a quorum, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance, and all pending business noticed or set down for hearing at such meeting shall be taken up and heard at such adjourned meeting or at the next regular meeting without further notice. The Council shall act only by ordinance or resolution. The affirmative vote of a majority of the Council shall be required for the passage of any ordinance or resolution unless in any given case a different number is required by this Charter or State law. (Section 7 as amended March 11, 1974)
SECTION 8. Duties of President.
(1) The President shall be the chief executive of the village of Bingham Farms. He shall preside at the meetings of the Council. He shall be deemed a member of the Council. He shall from time to time give the Council information concerning the affairs of the corporation and recommend such measures as he may deem expedient. It shall be his duty to exercise supervision over the affairs of the Village of Bingham Farms and over the public property belonging thereto and see that the laws relating to the Village of Bingham Farms and the ordinances and regulations of the Council are enforced. (Section 8 (1) as amended March 11, 1974)
(2) The Council may establish and/or contract for a Police Department, including appointing and/or contracting a Police Chief. The Police Department and Police Chief shall be subject to the direction of the President and Council. It shall be the Police Department and Police Chief's duty to see that all ordinances and regulations of the Council made for the preservation of quiet, good order, and for the safety and protection of the inhabitants of the Village, are promptly enforced. The Police Department and Police Chief shall, within said Village, be vested with all the powers conferred upon sheriffs for the preservation of quiet and good order. The Police Department and Police Chief shall have the power to serve and execute all process directed or delivered to them, in all proceedings for violations of the Ordinances of the Village. Such process may be served anywhere within the County in which said Village is located. (Section 8(2) as amended November 6, 2018)
(3) The President may remove any officer appointed by him at any time when he shall deem it for the public interest. He shall have authority at all times to examine and inspect the books, records and papers of any agent, employee, or officer of the corporation, and shall perform generally all such duties as are or may be prescribed by the ordinances of the Village of Bingham Farms. (Section 8(3) as amended November 6, 2018)
(4) In the absence or disability of the President, the President Pro Tempore of the Council shall perform the duties of the President.
SECTION 9. The Council shall at its organization meeting following the adoption of this Charter and at each organization meeting following each regular municipal election, elect by ballot a member of the Council as President Pro-Tem, who, during the absence or disability of the President to perform his duties, shall act in his stead and shall exercise all the duties and possess all the powers of the President. In the absence or disability of the President Pro-Tem, the Council may temporarily appoint one of its members to preside.
SECTION 10. The President and Trustees shall receive not less than one dollar ($1) for each meeting but not more than twenty-five dollars ($25) in any one year. Said officers shall receive no other compensation for services performed for and on behalf of said Village of Bingham Farms during their term of office. All other officers except where other provision is made herein or by law regulating fees for services shall receive such compensation as the Council shall prescribe.
SECTION 11. Absence from 4 regular meetings of the Council in a twelvemonth period by a member of Council is deemed neglect of duty and shall be cause for removal from office unless the member's absence is excused by resolution of the Council setting forth such excuse. (Section 11 as amended November 8, 2022)
SECTION 12. The Village of Bingham Farms Council shall have authority to appoint advisory committees, and to change the same from time to time. One person may be appointed to two or more offices except that the office of the Clerk and Treasurer shall not be filled by the same person.
SECTION 13. The Council shall whenever a vacancy occurs elect a Village Clerk, Treasurer and Assessor who shall serve for a period of one year and the term of office of such officials shall begin at 8:00 p.m. on the second Monday following their election. The salaries of the Clerk, Treasurer and Assessor shall be set by the Council and the salary of the Clerk shall not be less than the salary of the President and/or Trustee. (Section 13 as amended March 9, 1987)
SECTION 14. Village Clerk Powers and Duties.
The Clerk shall keep the corporate seal and all the documents, official bonds, papers, files and records of the Village, not by this act or the ordinances of the Village entrusted to some other officer; he shall be Clerk of the Council and shall attend its meetings. In case of the absence of the Clerk, or if from any cause he shall be unable to discharge, or be disqualified from performing the duties required of him, then the Council may appoint one (1) of their own number, or some other person, to perform the duties of the Clerk for the time being. The Clerk shall record all the proceedings and resolutions of the Council, and shall, when required, make and certify, under the seal of the Village, copies of the papers and records filed and kept in his office; and such copies shall be evidence in all places of the matters therein contained, to the same extent as the original would be. He shall possess and exercise the powers of the Township Clerk so far as the same are required to be performed within the Village, except as to the filing of chattel mortgages; and he shall have authority to administer oaths and affirmations.
SECTION 15. The Council may provide by ordinance for the appointment of additional officers for the Village of Bingham Farms.
SECTION 16. Village Treasurer and Duties.
The Treasurer shall have the custody of all moneys, bonds other than official, mortgages, notes, leases, and evidences of value belonging to the Village; he shall receive all moneys belonging to, and receivable by the corporation and keep an account of all receipts and expenditures thereof; he shall pay no money out of the treasury, except in pursuance of, and by authority of law, and upon warrants signed by the Clerk and President, which shall specify the purpose for which the amounts thereof are to be paid; he shall collect and keep an account of and be charged with all taxes and moneys appropriated, raised, or received for each fund, and shall credit thereto all moneys raised, paid in, or appropriated therefor, and shall pay every warrant out of the particular fund raised for the purpose for which the warrant was issued. He shall give bond in such amount and with such sureties as is satisfactory to the Council. Premium on all bonds of officials shall be paid by the Village of Bingham Farms.
SECTION 17. The Village Assessor shall perform such duties in relation to the assessing of property and levying of taxes as are prescribed by this Charter.
SECTION 18. All officers of the Village of Bingham Farms shall perform such duties and possess such powers as are or may be prescribed by this Charter, by the general laws of the State and by the Council. (Section 18 as amended September 13, 2005)
SECTION 19. All elective officers, and all officers who are appointed for a definite term or periodically, shall hold office until their successors are elected or appointed, and duly qualify. (Section 19 as amended September 13, 2005)
SECTION 20. In addition to other provisions herein contained, vacancy shall exist in any elective office when an elected officer fails to qualify as in this Charter provided, dies, resigns, is removed from office, moves from the Village of Bingham Farms or is convicted of a felony. (Section 20 as amended September 13, 2005)
SECTION 21. No member of the Council or other officer or employee of the Village of Bingham Farms shall solicit or accept a gift or loan of money, goods, services, or other thing of value for the benefit of a person, firm or corporation which tends to influence the manner in which he or another Council member, officer or employee of the Village of Bingham Farms performs official duties. (Section 21 as amended March 8, 1982 and September 13, 2005)
SECTION 22. It shall be the duty of the Village Clerk, within two (2) days after the meeting and determination of the Council, as provided in this Charter, to notify each person elected, in writing, of his election; and he shall also, within two days after the appointment of any person to any office, in like manner notify such person of the appointment. (Section 22 as amended September 13, 2005)
SECTION 23. Every officer elected or appointed to any Village office, before entering upon the duties of the office, shall take and subscribe to an oath of office, which shall be filed and kept in the office of the Village Clerk, to support the Constitution of the State of Michigan; endeavor to secure and maintain an honest and efficient administration in the affairs of the Village of Bingham Farms, free from partisan distinction or control; and to perform the duties of the office to the best of his or her ability. An officer that fails to do so within thirty (30) days of receiving notice of his or her election or appointment shall be deemed to have declined the office. (Section 23 as amended September 13, 2005)
SECTION 24. If for any reason any appointment shall not be made by the Council within the time provided in this Charter, it may be made at any subsequent regular or special meeting. (Section 24 as amended September 13, 2005)
SECTION 25. A vacancy in any elective office shall within thirty (30) days after such vacancy occurs be filled by appointment by a majority of the members of the Council, or of the remaining members of the Council when the vacancy is in the Council. Such appointee shall hold office until the next regular municipal election, taking place more than forty (40) days after such vacancy occurs, at which election a successor shall be elected for the unexpired term of the person in whose office the vacancy occurs. Provided, however, that the term of no member shall be lengthened by his resignation and subsequent appointment. When a vacancy occurs in any office to which a person has been appointed for a definite term, such vacancy shall within thirty (30) days be filled for the unexpired term, by appointment made in the manner provided for full term appointment to such office. (Section 25 as amended September 13, 2005)
SECTION 26. When the Council shall deem it necessary, they may establish a Board of Health for the Village of Bingham Farms and appoint officers therefor, make rules for its government and invest it with such powers and authority as may be necessary for the protection and preservation of the health of the inhabitants. (Section 26 as amended September 13, 2005)
SECTION 27. The Council shall provide for the public peace and health, and for the safety of persons and property. (Section 27 as amended September 13, 2005)