If this charter is adopted, this charter shall take effect on the filing with the Secretary of State and the County Clerk as provided in MCLA 117.24 or July 1, 2005, whichever is later, subject to the following:
(a) The mayor, city council, city clerk, and city treasurer elected at the general election, held November 4, 2003, under the old charter, shall continue to serve the elected term of office to December 31, 2005. Any vacancies created before December 31, 2005, shall be filled in accordance with the provisions of this charter, as in 4-03 (b).
(b) At the November, 2005 election, three councilpersons shall be elected for a four-year term and three councilpersons shall be elected for a two-year term. In the November, 2007 election and each municipal election thereafter, three councilpersons shall be elected to four-year terms.
(c) For the period immediately following the effective date of this charter until the six councilmembers elected in the November 2005 general municipal election are sworn in, the number of councilmembers shall not exceed five (5), and the city council shall consist of the councilmembers who hold office at the effective date of this charter. From the effective date of this charter until January 1, 2006, any vacancies on the city council shall be filled in the manner described in section 4-03(b).
(d) Continuation of public and private rights
All writs, actions, suits, proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, contracts, claims, demands, titles, and rights existing when this charter takes effect continue unaffected except as modified in accordance with this charter.
(e) Rights of employees
No provision of this charter may affect or impair the employment rights or privileges of employees existing when this charter takes effect concerning appointment, ranks, grades, promotion, removal, pension, and retirement rights.
(f) Pension system
All pension systems of the City of Hamtramck existing when this charter takes effect continue until changed in accordance with law. No person may receive pension benefits for service as an elected officer.
(g) One-year exemption for city clerk and treasurer
(h) Compensation for city clerk, city treasurer, council, mayor and mayor pro tem
(1) The compensation for the city clerk and city treasurer as elected officers shall remain at $12,000 per year if they remain as part-time elected officers.
(2) If the city treasurer, or the city clerk, or both elected at the November 4, 2003 election, or the person appointed to the position of city clerk or city treasurer in the case of a vacancy meet the qualifications of the appointed positions, it will be at the discretion of the city manager to recommend their appointment to full time status, subject to approval of the mayor and city council.
(3) The city council- and mayor-elect will set the compensation for the full-time appointed city clerk and city treasurer positions to be within the range of other communities for like positions.
(4) The council elected at the November 4, 2003 election shall receive the compensation set forth Section 7-01, effective July 1, 2005.
(5) The mayor elected at the November 4, 2003 election shall receive the compensation set forth in Section 9-03, effective July 1, 2005.
(6) The mayor pro tem selected by council shall receive the compensation set forth in Section 9-03, effective July 1, 2005.
(i) General provision
If any question arises concerning transition from the old charter to this charter, for which this charter has not provided, the City may resolve the question by ordinance.
(j) Conflicts of interest and ethics ordinance
Within one year of the approval of this charter, the city manager and city attorney shall prepare and submit to council for its consideration a conflicts of interest and ethics ordinance which is not in conflict with MCL 15.321, et seq., and shall include, but not be limited to: acting in an official capacity in matters in which the officer has a private financial interest clearly separate from that of the general public; the acceptance of gifts and other things of value; acting in a private capacity on matters dealt with as a public official; the use of confidential information; and the appearance of City officers before other city agencies on behalf of private interests. This ordinance shall provide for reasonable public disclosure of finances by elected officials.
Resolved, that the Charter Revision Commission of the City of Hamtramck does hereby adopt the foregoing charter for and to be the charter of the City of Hamtramck, and the Secretary of this Commission is hereby instructed to transmit the same to the Governor of the State of Michigan. in accordance with the provisions of the statute for her approval.
Carried by the following vote:
Yeas: Lukas, Zwolak, Wiitala, Kirchner, Urbaniak and Puls.
Nays: None.
Absent: Woods
I, Gregory Kirchner, Secretary of the Charter Revision Commission, elected on November 5, 2002, to revise the charter for the City of Hamtramck, do hereby certify that the above and foregoing charter was adopted by the Hamtramck Charter Revision Commission at a session thereof held upon the 8th day of November, 2004, at 7:00 P.M., and that the foregoing is a full, true, and complete copy of the resolution by which the charter was adopted and the vote thereupon.
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Gregory Kirchner
Secretary of the Charter Revision Commission Date: November 8, 2004
The members of the Hamtramck Charter Revision Commission who have signed below submit this charter for adoption at a special election to be held on February 22, 2005.
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David Puls, Chairman Jolanta Urbaniak, Vice-Chairman
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Gregory Kirchner, Secretary Dennis Lukas
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William Wiitala Beatrice Woods
__________________________ APPROVED
Robert Zwolak
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Governor of the State of Michigan
Date:_________________________