CHAPTER III
PLAN OF GOVERNMENT
PLAN OF GOVERNMENT
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.
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.
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.
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.
(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.
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)
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.
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.
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.
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.
(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.
(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.
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 quasi-judicial 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.
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)