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(A) Sections 30.015 et seq. shall be effective 45 days after adoption, and shall be applicable not earlier than the first term for which the nomination deadline is at least 30 days after the effective date of §§ 30.015et seq. or when the office is vacated, whichever event first occurs.
(B) Pursuant to Public Act 3 of 1895, being M.C.L.A. § 61.1 to 75.12, as amended by Public Act 255 of 1998, being M.C.L.A. § 61.1 to 75.12, §§ 30.015et seq. shall take effect 45 days after the date of adoption unless a petition signed by not less than 10% of the registered electors of the village is filed with the Village Clerk within the 45-day period. If such a petition is filed, the effective date of §§ 30.015et seq. shall be delayed until it is approved after an election held on the question.
(Ord. 18-2001-R, passed 11-5-2001)
VILLAGE CLERK
(A) The position of Village Clerk is hereby designated an appointed position under the General Village Law Charter, being Public Act 3 of 1895, Ch. 2, § 1, being M.C.L.A. § 62.1, as amended.
(B) The statutory duties of the Clerk, which are incorporated in §§ 30.035et seq. by reference, are found in Public Act 3 of 1895, Ch. IV, §§ 5 to 8, being M.C.L.A. § 64.5 to 64.8, as amended, the same constituting the Charter for the Village of Kingsley.
(Ord. 17-2001-R, passed 11-5-2001)
(A) The Village Clerk shall be appointed for an indefinite term of office and shall serve at the pleasure of the Council.
(B) At all times during the term of office, the Clerk shall not be in default to the village (as defined in Public Act 3 of 1895, being Ch. 2, § 7, being M.C.L.A. § 62.7) and shall give and maintain any bond or security required for the performance of his or her office as required by Public Act 3 of 1895, being M.C.L.A. § 61.1 to 75.12.
(C) The Clerk shall, within 30 days after receiving notice of his or her appointment to the position of Village Clerk, take the oath of office prescribed by the Constitution of the state and file the oath according to statute.
(Ord. 17-2001-R, passed 11-5-2001)
(A) As set forth in §§ 30.035et seq., the Clerk's term being for an indefinite period and the individual serving “at will” at the pleasure of the Village Council, the appointment of the Clerk may be terminated at any time when the Village President, acting with the approval of the Village Council, deems the same to be in the best interest of the public.
(B) The Clerk may be suspended for neglect of duty by the Village President and may be, with the approval of the Village Council, removed when the Council and the President deem the same to be in the best interest of the public.
(C) (1) In the event of suspension or removal by the Village President and not termination by full action by the Village Council, the Clerk shall be entitled to a “due process” hearing before the Village Council as a whole, in accordance with procedures established for hearings relating to appointed officials.
(2) The action of the Village Council, as a whole, in removing the Village Clerk or upholding the suspension shall be deemed final.
(Ord. 17-2001-R, passed 11-5-2001)
The Village Clerk need not be a resident of the village but, in accordance with the terms and provisions of §§ 30.035et seq. and the statute, must not be “in default” to the village and must take the constitutional oath of office and give and maintain the bond or security as may be required by statute.
(Ord. 17-2001-R, passed 11-5-2001)
(A) (1) The Village Clerk shall receive the compensation as the Council shall determine on an annual basis, with the amount to be fixed by resolution.
(2) The compensation shall not be decreased as to the monetary amount to be received for the full performance of duties during the year the resolution is in effect.
(3) Provided further, however, that the compensation may be increased or decreased on an annual basis at the time the Village Council establishes compensation by resolution.
(B) In the event the Village Clerk is removed from office during the time period in which the resolution is in effect, he or she shall be paid for all work performed to the time of removal and, in addition thereto, shall receive the equivalent of 60-days additional pay as “termination/removal compensation” and shall have no other or further monetary claim against the village arising out of his or her appointment as Village Clerk.
(Ord. 17-2001-R, passed 11-5-2001)
(A) The Village Clerk shall have the following duties as described in Public Act 3 of 1895, Ch. 4, being M.C.L.A. § 64.1 to 64.21, being the Village Charter:
(1) Attend all regular and special Village Council meetings and record Council proceedings;
(2) Prepare and process official minutes of Council meetings;
(3) Maintain minutes, resolutions, ordinances, contracts, deeds, and other Village Council documents;
(4) Administer oaths of office and sign official documents;
(5) Conduct all public bidding processes;
(6) Answer inquiries, handle complaints, provide explanation of taxes, special assessments, rates, fees, ordinances, resolutions, and Council actions in a timely, professional, and courteous manner; and
(7) Financial officer:
(a) Maintain control over all savings, checking, and local unit of government accounts and prepare monthly bank account reconciliations with the general ledger;
(b) Invest, track, and post earnings on village funds;
(c) Coordinate and administer annual operating and capital budget preparations, implementation, monitoring, and amendments;
(d) Certify fund availability to the Council and Manager;
(e) Coordinate annual audit and make needed adjustments to financial records;
(f) Prepare monthly and quarterly revenue/expense reports for the Manager/Council;
(g) Coordinate accounts payable/receivable, utility billing, payroll, and tax collection;
(h) Assist Village Treasurer, Assessor, and county staff with annual property tax revenue settlement process;
(i) Coordinate, monitor, and collect special assessments;
(j) Assist Manager, Council, and public with analysis, preparation, publicity, and issuance of general or special debt instruments; and
(k) Perform related duties as required by the Village Manager.
(B) (1) In addition to those statutory duties and responsibilities as set forth in Public Act 3 of 1895, being M.C.L.A. § 61.1 to 75.12, the Council may establish further duties and responsibilities for the Village Clerk as may be from time to time set forth by Council.
(2) The statutory duties and responsibilities may be supplemented by those duties and responsibilities created by the Village Council by resolution or as set forth in any “job description” created and approved by Council.
(Ord. 17-2001-R, passed 11-5-2001)
(A) Sections 30.035 et seq. shall be effective 45 days after adoption, and shall be applicable not earlier than the first term for which the nomination deadline is at least 30 days after the effective date of §§ 30.035et seq. or when the office is vacated, whichever event first occurs.
(B) (1) Pursuant to Public Act 3 of 1895, being M.C.L.A. § 61.1 to 75.12, as amended by Public Act 255 of 1998, being M.C.L.A. § 61.1 to 75.12, §§ 30.035et seq. shall take effect 45 days after the date of adoption unless a petition signed by not less than 10% of the registered electors of the village is filed with the Village Clerk within the 45-day period.
(2) If such a petition is filed, the effective date of §§ 30.035et seq. shall be delayed until it is approved after an election held on the question.
(Ord. 17-2001-R, passed 11-5-2001)
VILLAGE MANAGER
In accordance with the authority for the appointment of a Village Manager, as Council shall deem necessary for the execution of the powers granted to the village contained in Public Act 3 of 1895, Ch. V, § 8, being M.C.L.A. § 65.8, as amended, which is the Charter of this village, there is hereby created the position of Village Manager.
(Ord. 99-2, passed 8-2-1999)
(A) (1) The President shall, with concurrence of a 2/3 majority or more members of the Village Council, appoint a Village Manager for an indefinite term.
(2) The Village Manager shall be the administrative officer of the village and shall hold office at the pleasure of the Village Council.
(3) He or she shall be selected solely on the basis of the executive and administrative qualifications, with special reference to his or her training and experience and without regard to his or her political preferences.
(B) (1) He or she need not be a resident of the village at the time of his or her appointment, but shall become a resident within 6 months after his or her appointment, with extensions permitted upon approval of the Council. He or she shall reside in the village thereafter during the term of his or her office.
(2) No elected official of the village shall be appointed to the position of Village Manager within 2 years from the termination of the elective office.
(Ord. 99-2, passed 8-2-1999)
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