Section 4.1 There shall be a city council of five members elected by the qualified voters of the city at large on a non-partisan basis, and according to the provisions in Chapter III of this charter.
Section 4.2 Each elective city official must be a duly registered elector in the city, shall have attained the age of twenty-one (21), shall have been a resident of the city for one (1) year on or before the election at which he or she is a candidate for office, and shall not be in default to the city.
Section 4.3 At each regular city election there shall be elected three (3) council members and such additional number as may be required to fill vacancies pursuant to the provisions of this charter. The two (2) receiving the highest number of votes shall be elected for four (4) years, and the one receiving the third highest number of votes shall be elected for a term of two (2) years. A number equal to the number of vacancies being filled (if any) who shall receive the next highest number of votes in order, shall be elected for a term of two (2) years. The term of office of the council members shall commence on the Monday following the certification of their election by the County Board of Canvassers.
Section 4.4 Each elective officer of the city, before entering upon the duties of this office, shall take and subscribe to the oath of office prescribed by the state constitution for an officer of the state, which shall be filed and kept in the office of the clerk.
Section 4.5 Any city officer may be required to give a bond to be approved by the council for the faithful performance of the duties of his office in such sum as the council shall determine, but all officers receiving or disbursing city funds shall be bonded. All official bonds shall be corporate surety bonds and the premiums thereon shall be paid by the city. All official bonds shall be filed with the clerk, except that of the clerk, which shall be filed with the treasurer, as provided for by statute.
Section 4.6 The city council shall provide for the public peace and health and for the safety of persons and property within the city.
Section 4.7 The city council shall adopt on an annual basis a budget as provided for in Chapter VII of this charter.
Section 4.8 The council shall have power to enact all ordinances and to provide necessary regulations for the establishment, maintenance, operation and protection of a city airport and airport facilities, and any municipal transportation or communication system.
Section 4.9 (a) The council shall create by ordinance a local officers compensation commission within twelve months of the adoption of this charter. The local officers compensation commission shall determine the salaries of local elected officials pursuant to 1909 PA 279, Section 5(c); MCLA 117.5c; MSA 5.2084(3). Councilmembers shall receive their actual and necessary expenses incurred in the performance of their duties of office.
Section 4.9 (b) Until changed by the local officers compensation commission, council members shall be compensated, for their service to the city, the sum of twenty dollars ($20) per regular or special city council meeting payable semi-annually. No member shall be compensated for more than six hundred dollars ($600) per fiscal year and then only for actual attendance at meetings. The Mayor shall receive an additional stipend of two hundred dollars ($200) per year.
Section 4.10 At its first meeting following a regular city election, the council shall elect from among its members officers of the city who shall have the titles of mayor and deputy mayor, each of whom shall serve until the next regular election. The mayor shall preside at meetings of the council, shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties. The deputy mayor shall act as mayor during the absence or disability of the mayor.
Section 4.11 All legislative powers of the city shall be vested in the council, except as otherwise provided by law or this charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law.
Section 4.12 The council shall be the judge of the eligibility of its own members, subject only to review by the courts.
Section 4.13 (a) Holding Other Office. Except where authorized by law, no council member shall hold any other city office or city employment during the term for which they were elected to the council, and no former council members shall hold any compensated appointive city office or employment until one year after the expiration of the term for which they were elected to the council. This shall not apply to appointed city boards and commissions or to volunteer fire fighters.
(b) Appointments and Removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees who the manager or any of his subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees.
(c) Interference with Administration. Except for the purpose of inquiries and investigations under section 4.19, the council and its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employee, whether publicly or privately.
(d) Memberships. Other Boards and Commissions. Except where provided elsewhere in this charter, no more than one council member shall serve on any appointed, board or commission, and no member of the council shall serve on the Board of Review.
(e) Parks and Cemeteries. The city council shall not have the power to sell, divide, lease, partition, plat, subdivide or dispose of any city park or cemetery, or any part thereof unless specifically approved by a majority of the electors voting at any general or special election.
Section 4.14 (a) Vacancies. The office of a council member shall become vacant upon their death, resignation or removal from office in any manner authorized by law. A council member shall forfeit his - her office if he - she (1) lacks at any time during his -her term of office any qualification for the office prescribed by this charter or by law, (2) violates any express prohibition of this charter, (3) is convicted of a felony, (4) is declared to be mentally incompetent, or (5) fails to attend three consecutive regular meetings of the council or 25 percent of all regular meetings in any* calendar year without being excused by the council.
(b) Filling of Vacancies. A vacancy in the council shall be filled for the remainder of the unexpired term, if any, at the next regular election following the occurrence of the vacancy, but the council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the vacancy may be filled by election. If the council fails to do so within 30 days following the occurrence of the vacancy, the clerk shall call a special election to fill the vacancy, to be held not sooner than 90 days and not later than 120 days following the occurrence of the vacancy and to be otherwise governed by the provisions of Chapter III.
Section 4.15 The city manager shall be appointed by a four - fifths (4-5) vote of the entire council for an indefinite term. The appointment shall be on the basis of executive and administrative qualifications. The council shall fix the city manager’s compensation. It is desirable that the city manager live within the City of Bronson, but may live within the city telephone exchange as it now exists.
Section 4.16 (a) The council may, at a regular meeting, adopt by affirmative vote of four-fifths (4-5) of its members, a resolution to remove the city manager. The resolution shall include the reason for removal, and a copy shall be served upon the city manager within 24 hours of the adoption of such resolution.
(b) The manager shall have the right to request a hearing before the council. Such a request shall be in writing and shall be made within seven (7) days of the receipt of such request. Finally, the removal of the city manager shall become final upon expiration of seven (7) days after service upon the city manager wherein no request for hearing has been made, upon action by the council following a hearing as above provided, or upon the expiration of such time as may be required by the provisions of applicable State law.
(c) The manager shall continue to receive the same salary until the effective date of removal from office.
Section 4.17 (a) The council shall appoint and fix the compensation of the city assessor, who shall hold office at the pleasure of the council, and who need not be a resident of the city.
(b) The assessor shall possess all the power vested in and shall be charged with all the duties imposed upon assessing officers by the general laws of the State or ordinances of the City;
(c) make and prepare all regular and special assessment roles in the manner prescribed by this charter and the general laws of the State;
(d) shall perform such other duties as may be prescribed by law, the ordinances of the city, or by the city manager.
Section 4.18 (a) The council shall appoint and fix the compensation of the city attorney, who shall hold office at the pleasure of the council, and who need not be a resident of the city. The city attorney shall be legal advisor and counsel for the city and for all the officers and departments thereof in all matters related to their official duties, and shall file with the city a copy of all written opinions given by him. He shall prepare or review all ordinances, regulations, contracts, bonds, and other such instruments as may be required by this charter, the council, or the city manager, and shall promptly give his or her opinion as to the legality thereof.
(b) The city attorney shall prosecute ordinance violations and shall represent the city in cases before the courts and other tribunals. In such instances as the council shall direct, he or she shall defend officers and employees of the city in actions arising out of the performance of their official duties.
(c) Upon the recommendation of the attorney, or upon its own initiative, the council may retain special legal counsel to handle any matter in which the city has an interest, or to assist in counsel with the attorney therein.
(d) He shall perform such other duties in connection with his or her office as may be prescribed by law, by this charter, or the council.
Section 4.19 The council may make investigations into the affairs of the city and the conduct of any city department, office or agency, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be subject to appropriate legal action.
Section 4.20 (a) Meetings. The council shall meet regularly at least once a month at such times and places as the council may prescribe by resolution. If any regular meeting date as set by council resolution shall be a holiday, then such regular meeting shall be held on the next following secular day which is not a holiday or on such other day as may be set by the council. Special meetings may be called by the clerk upon request of the city manager, the mayor, or three council members on at least twenty-four (24) hours written notice to each council member, served personally or left at their place or residence. Public notice of special meetings stating date, time and place of meeting shall be posted by the clerk at City Hall at least eighteen (18) hours before the meeting.
(b) Rules and Journal. The council shall determine its own rules and order of business and shall keep a journal in the English language of its proceedings. This journal shall be a public record. After this record is approved by the council, the clerk shall certify it by his signature. The minutes of the council shall be posted at City Hall and single copies made available upon request at no charge within twenty (20) days after the passage thereof. The council shall have the minutes published either in their entirety, or in digest form.
(c) Public Meetings. All regular and special meetings of the council shall be open to the public and the rules or order of the council shall provide that the citizens shall have a reasonable opportunity to be heard at any such meeting on matters within the jurisdiction of the council.
(d) Voting. Three (3) members of the council shall be a quorum for the transaction of business at all meetings of the council, but, in the absence of a quorum, any member may adjourn any regular or special meeting to a later date. The vote upon the passage of all ordinances, and upon adoption of all resolutions shall be taken by roll call vote and entered upon the record. Except as otherwise provided in this charter, no ordinance or resolution shall be adopted or passed except by the affirmative vote of at least three (3) members of the council.
Section 4.21 (a) The council shall have the power to acquire for the city by purchase, gift, condemnation, lease, construction or otherwise, either within or without its corporate limits, and either within or without the County of Branch, private property, for any public use or purpose within the scope of its power to maintain and operate the same to promote the public health, safety and welfare.
(b) The city council shall sell real property by resolution: however, if the value of the property exceeds $10.00 per capita according to the last official U.S. census, public readings must be made at two meetings of the city council. Final adoption of the resolution may be made at the meeting wherein the second public reading of the resolution has been made.
Section 4.22 The council shall by ordinance prescribe the terms and conditions upon which licenses may be granted, suspended, or revoked; and may require an exact payment of such reasonable sums for any licenses as it may deem proper.
Section 4.23 Except as limited by State law, or the provisions of this charter, the council shall have the power to establish, vacate and use, and to control and regulate the use of public right-of-ways, streets, alleys, and public places of the city (whether such public places be located within or without the limits of the city) and the space above and beneath them.
Section 4.24 The council shall establish, operate, maintain and protect cemeteries, together with the improvements thereon and appurtenances thereto, owned or hereafter acquired by the city either within or without its corporate limits. In any cemetery established or owned by the city, a plan, provided by ordinance, for the perpetual care of all lots, plots, and lands therein shall be established.
Section 4.25 The council may at its discretion receive and hold any property in trust for parks, cemeteries, or other municipal purposes. Any trust now existing of benefit to the city of Bronson shall be continued in full and in accordance with the cy pres doctrine.
Section 4.26 The mayor or city manager with the advice and consent of the city council may, from time to time, appoint such committees or boards as are deemed approprite to advise and consult with them, and with appropriate departments, regarding any municipal activity. Such committees or boards shall be advisory, serve temporarily and without compensation unless otherwise provided by the city council.