§ 31.01   PLANNING COMMISSION.
   (A)   There is established a city Planning Commission which shall perform its duties and exercise its powers in accordance with Public Act 33 of 2008, being the Michigan Planning Enabling Act, as amended.  In addition to the duties and powers established in Public Act 33 of 2008, as amended, the city Planning Commission shall perform all functions and duties delegated to it by Chapter 157 of this code and shall perform those further and additional functions as from time to time may be determined by the City Council.
   (B)   (1)   The Planning Commission shall consist of 9 members, 3 of whom shall be ex officio members who shall have full voting rights. The 3 ex officio members shall be the Mayor, the chief administrative official of the city or a person designated by the chief administrative official, and 1 member of the Burton City Council to be selected by resolution of the Council.
      (2)   The remaining 6 members of the Planning Commission shall be appointed by the Mayor and shall be subject to the approval of the Burton City Council by majority vote. All appointed members of the Commission may be compensated at a rate to be determined by the City Council.
      (3)   All members of the Planning Commission shall be electors of the city.
   (C)   (1)   The terms of the 3 ex officio members of the Planning Commission shall be as follows:
         (a)   The term of the Mayor shall correspond to his or her term as Mayor.
         (b)   The term of the chief administrative official shall expire with the term of the Mayor that appointed him or her as chief administrative official.
         (c)   The term of the member of the City Council shall expire with his or her term on the Council.
      (2)   If a vacancy occurs on the Planning Commission, the vacancy shall be filled for the unexpired term in the same manner as provided for an original appointment.
      (3)   A member shall hold office until his or her successor is appointed.
   (D)   The membership of the Planning Commission shall be representative of important segments of the city, and shall to the extent practicable be representative of the entire geography of the city.
   (E)   (1)   The members of the Planning Commission shall elect a chairperson and secretary from its members, except that the 3 ex officio members may not serve as chairperson. Term of office shall be 1 year.
      (2)   The Planning Commission shall adopt by-laws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings and determinations.
      (3)   The Planning Commission shall make an annual written report to the City Council concerning its operations and the status of planning activities.
   (F)   (1)   The City Council may remove a member of the Planning Commission for misfeasance, malfeasance or nonfeasance in office after written charges have been provided to the Commissioner and after a public hearing has been conducted.
      (2)   The failure to disclose a conflict of interest, or voting upon a matter when a Commissioner has a conflict of interest which would have otherwise disqualified him or her from voting, shall constitute malfeasance in office.