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Chapter 3
Elections
Qualification of Electors:
Section 3.1 The residents of the city having the qualifications of electors in the State of Michigan shall be electors of the city.
Election Procedure:
Section 3.2 The election of all city officers shall be on a non-partisan basis. The general election statutes shall apply to and control, as near as may be, all procedures relating to registration and city elections except as such statutes relate to political parties or partisan procedure and except as otherwise provided in this charter.
The Clerk shall give public notice of the time and place of holding each city election and of the officers to be elected and the questions to be voted upon in the same manner as is required by statute for the giving of public notice of general elections in the state.
The polls at all elections shall be opened and closed at the time prescribed by law for the opening and closing of polls at state elections, subject to the statutory right of the Council to adjust these hours to local time.
Wards and Precincts:
Section 3.3 The City of Reed City shall consist of one Ward. The Council shall from time to time establish by Ordinance convenient election precincts The wards into which the City is divided on the effective date of this Charter Amendment shall be the precincts of the City until otherwise provided for by the Council.
Regular City Elections:
Section 3.4 Regular city elections shall coincide with the State General elections on even numbered years, commencing with the year 1976.
Special Elections:
Section 3.4 Special City Elections shall be held when called by resolution of the Council at least 55 days in advance of such elections or when required by this charter or statute. Any resolution calling a Special Election shall set forth the purpose of such election. No more special elections shall be called in any one year than permitted by statute.
Elective Officers and Terms of Office:
Section 3.6 The elective officials of the city shall be a City Council of seven members and two Justices of the Peace. At each regular city election, four councilmen and two Justices of the Peace shall be elected on a single ballot Each elector shall be entitled to vote for not more than four candidates and two Justices of the Peace. The three candidates for councilmen receiving the highest number of votes shall be elected for a term of four years and the candidate receiving the fourth highest vote shall be designated as councilman at large and shall be elected for a term of two years; all such terms to commence on the Monday next following the date of such election.
Four councilmen shall be elected at the 1975 regular city election. The term of such councilman receiving the least number of votes shall expire on the Monday following the 1976 general election, the terms of the remaining three councilmen shall expire on the Monday following the 1978 general election.
In accordance with Section 16.2 there shall be elected two Justices of the Peace for terms of four years commencing on the 4th day of July next following their election.* The office of Justice of the Peace has been abolished by Michigan Statute and superseded by the District Court System. (Act 154 of P.A. 1968)*
Nominations:
Section 3.7 The method of nomination of all candidates for the city elections shall be by petition. Such petitions for each candidate shall be signed by not less than twenty nor more than forty registered electors of the city No person shall sign his name to a greater number of petitions for any one office than there are persons to be elected to said office at the following regular city election. Where the signature of any individual appears on more petitions than he is so permitted to sign such signatures shall be counted only to the extent he is permitted to sign in the order of the respective dates and hour of filing the petitions containing such signatures.
Nominating petitions shall be filed with the City Clerk by 4 p.m. the 15th Tuesday prior to the November general election The Clerk shall publish notice of the last day so permitted for filing nomination petitions at least one week before, and not more than three weeks before, such last day.
(Amended March 19, 2018)
Form of Petition:
Section 3.8 The form of petition shall be substantially as that designated by the Secretary of State for the nomination of non-partisan judicial officers. A supply of official petition forms shall be provided and maintained by the Clerk.
Approval of Petition:
Section 3.9 The Clerk shall accept only nomination petitions which conform with the form provided and maintained by him, and which contain the required number of valid signatures for candidates having the qualifications required for elective city offices by this charter. All petitions shall be accompanied by the affidavit of qualifications provided for in Section 5.1. When a petition is filed by persons other than the person whose name appears thereon as a candidate, it may be accepted only when accompanied by the written consent of the candidate.
The Clerk shall, forthwith after filing of a petition, notify in writing any candidate whose petition is then known not to meet the requirements of this section, but the failure to so notify any candidate shall not prevent a final determination that the petition does not meet such requirements. Within three days after the last date for filing petitions, the Clerk shall make his final determination as to the validity and sufficiency of each nomination petition and write his determination thereof on the face of the petition. No petition shall be determined to be valid unless the affidavit of qualifications provided for in Section 5.1 shall be filed with such petition.
The Clerk shall immediately notify in writing the candidate whose name appears thereon of his determinations. Such notice to any candidate whose petition is found invalid or insufficient shall be delivered by personal messenger if possible. Any candidate whose petition is so found invalid or insufficient shall be allowed to file supplementary or replacement petitions before 5:00 P.M. at the then prevailing local time on the fifth day after the last date for filing original petitions; thereafter no further petitions may be filed.
Public Inspection of Petitions:
Section 3.10 All nomination petitions shall be open to public inspection in the office of the Clerk.
Election Commission:
Section 3.11 An Election Commission is hereby created, consisting of the Clerk, the Attorney and one member of the Council who shall not be a candidate for elective office at the election for which he serves as a member of the Election Commission, such member to be appointed by the Council not less than thirty days before such election. The members shall serve without compensation. The Clerk shall be chairman. The Election Commission shall appoint the Board of Election Inspectors for each precinct and have charge of all activities and duties required of it by statute and this charter relating to the conduct of elections in the city. The compensation of election personnel shall be determined in advance by the Council. In any case where election procedure is in doubt, the Election Commission shall prescribe the procedure to be followed, subject to state election laws.
Form of Ballot:
Section 3.12 The form, printing and numbering of ballots or the preparation of the voting machines used in any city election shall conform as nearly as may be to the provisions of statute, except that no party designation or emblem shall appear. In all city elections, the names of qualified candidates or nominees for each office shall be listed under a separate heading and shall be rotated systematically in the manner prescribed by statute for rotation of names.
If two or more candidates or nominees for the same office have the same or similar surnames, the Election Commission shall print the occupation and residence address under the respective names of each of such candidates or nominees on the ballots (or on labels or slips to be placed on voting machines when used), provided, that for any of such candidates who is an incumbent of such office, the occupation shall be designated as "Incumbent."
Except as provided in this section, there shall be no supplementary identification of candidates or nominees on the ballot.
Canvass of Votes:
Section 3.13 The Clerk and the members of the Council shall be the board of canvassers to canvass the votes at all city elections, except that if any of such persons are candidates for office at the election to be canvassed such person shall not serve as a canvasser at such election. The board of canvassers shall convene on the day following each city election at the usual time and place of meeting of the Council and determine the results of the city election upon each question and proposition voted upon and what persons are duly elected to the several offices respectively at said election, and shall notify in writing the successful candidates of their election. The Clerk shall make under the corporate seal of the city duplicate certificates of the determinations of the board and shall file one certificate with the County Clerk and the other in his own office.
Tie Vote:
Section 3.14 If at any city election, there shall be no choice between candidates by reason of two or more persons having received an equal number of votes, then the Council shall name a date for the appearance of such persons for the purpose of determining the election of such candidate by lot as provided by statute.
Recount:
Section 3.15 A recount of the votes cast at any city election for any office or upon any proposition may be had in accordance with election statutes. Unless otherwise required by statute (a) the petition for a recount of the votes cast at any city election shall be filed with the Clerk by 5:00 P.M. on the second full day on which the Clerk's office is open for business after the board of canvassers has made its official report of the result of the election at which such votes were cast, (b) any counter petition shall be filed by 5:00 P.M. of the next full day thereafter on which the Clerk's office is open for business and (c) no officer shall be qualified to take office until final determination of any recount of the votes cast for such office.
Recall:
Section 3.16 Any elected official may be recalled from office by the electors of the city in the manner provided by statute. A vacancy created by such recall shall be filled in the manner prescribed by this charter and by statute.
Chapter 4
Organization and Government
The City Council:
Section 4.1 The electors of the city shall elect a City Council of seven members, one of whom shall serve as Mayor. The Council shall constitute the legislative and governing body of the city and shall have power and authority, except as in this charter or by statute otherwise provided, to exercise all powers conferred upon or possessed by the city, and shall have the power and authority to adopt such laws, ordinances and resolutions as it shall deem proper in the exercise thereof. In all cases where the word "Council" is used in this charter, the same shall be synonymous with the word "Commission" or any other term used in any state or federal law in referring to municipal legislative or governing bodies.
Qualifications of Councilmen:
Section 4.2 Members of the Council shall meet the eligibility requirements contained in Section 5.1 of this charter. The Council shall be sole judge of the election and qualifications of its own members, subject only to review by the court.
Compensation of Mayor and Councilmen:
Section 4.3 The Councilmen shall receive as compensation the sum of $15.00 per meeting for each regular or special meeting which they attend, but not to exceed $300.00 in any one fiscal year. Such compensation shall be paid quarterly and, except as otherwise provided in this charter, shall constitute the only compensation which may be paid the Mayor and Councilmen for the discharge of any official duty for or on behalf of the city during their tenure of office. However, the Mayor and Councilmen may, upon order of the Council, be paid such necessary bona fide expenses incurred in service in behalf of the city as are authorized itemized and approved by the Council.
Election of Mayor, Mayor Pro Tem:
Section 4.4 The Council shall, at its first meeting following each regular city election, and after the newly elected members take office, 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 following the next regular city election.
Such election shall be by written ballot and by majority vote of the members of the Council in office at the time. In the event of absence or disability of both the Mayor and Mayor Pro Tem the Council may designate another of its members to serve as Acting Mayor during such absence or disability.
Duties of Mayor:
Section 4.5
   (a)   Insofar as required by statute, and for all ceremonial purposes, the Mayor shall be the executive head of the city. He shall have a voice and vote in all proceedings of the Council equal with that of other members of the Council but shall have no veto power. He shall be the presiding officer of the Council.
   (b)   The Mayor shall be a conservator of the peace, and in emergencies may exercise within the city the powers conferred upon sheriffs to suppress riot and disorder, and shall have authority 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 disorder.
   (c)   The Mayor shall execute or authenticate by his signature such instruments as the Council, this charter or any statutes of the State of Michigan or laws of the United States shall require.
   (d)   Except as may be required by statute, the Mayor shall exercise only such power as this charter or the Council shall specifically confer upon him.
   (e)   In the absence or disability of the Mayor, the Mayor Pro Tem shall perform the duties of Mayor. In the absence or disability of both, the designated Acting Mayor shall perform such duties.
Administrative Service:
Section 4.6 The administrative officers of the city shall be the City Manager, Attorney, Clerk, Treasurer, Assessor, and such additional administrative officers as may be created by ordinance. The Council may by ordinance create additional administrative offices and may by ordinance combine any administrative offices in any manner it deems necessary or advisable for the proper and efficient operation of the city.
The City Manager and Attorney shall be appointed by the Council for an indefinite period, shall be responsible to and serve at the pleasure of the Council and shall have their compensation fixed by the Council.
All administrative officers of the city, except the City Manager and Attorney, shall be appointed by the City Manager for an indefinite period, subject to confirmation by the Council. Such officers shall be responsible to the City Manager and shall have their compensation fixed by him in accordance with budget appropriations and subject to approval of the Council. Such officers may be discharged by the City Manager at his pleasure without confirmation by the Council.
Except as may be otherwise required by statute or this charter, the Council shall establish by ordinance such departments of the city as it deems necessary or advisable and shall prescribe therein the functions of each department, and the duties, authorities and responsibilities of the officers of each department. The City Manager may prescribe such duties and responsibilities of the officers of those departments responsible to him which are not inconsistent with this charter or with any ordinance or resolution.
All personnel employed by the city who are not elected officers of the city or administrative officers by, or under the authority of, this charter shall be deemed to be employees of the city. The head of each department shall have the power to hire, suspend or discharge the employees of his department with confirmation by the City Manager.
Any administrative officer or employee who has been discharged may within ten days thereafter petition the Council to hear the facts regarding such discharge and in such case the Council may, in its sole discretion, hold a hearing and inquire into such facts and may make such decision in the matter as it considers proper.
The Council may require any administrative officer or employee, if he is not resident at the time of his appointment or employment, to become a resident of the city within the time set by the Council and so remain throughout his tenure of office or employment.
Relationship of Council to Administrative Service:
Section 4.7 Neither the Council nor any of its members or committees shall dictate the appointment of any person to office by the City Manager or in any way interfere with the City Manager or other city officer to prevent him from exercising his judgment in the appointment or employment of officers and employees in the administrative service. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager.
City Manager: Appointment and Qualifications:
Section 4.8 The Council shall appoint a City Manager within 180 days after any vacancy exists in such position. The City Manager shall hold office at the pleasure of a majority of the Council, but he shall not be removed from office during a period of 60 days following any regular city election except by the affirmative vote of five members of the Council. He shall be selected on the basis of his executive and administrative qualifications with special reference to his training and experience.
Acting City Manager:
Section 4.9 The Council may appoint or designate an Acting City Manager during the period of a vacancy in the office or during the absence of the City Manager from the City. Such Acting City Manager shall, while he is in such office, have all the responsibilities, duties, functions and authority of the City Manager.
City Manager: Functions and Duties:
Section 4.10 The City Manager shall be the chief administrative officer of the city government. His functions and duties shall be:
   (a)   To be responsible to the Council for the efficient administration of all administrative departments of the city government except the department under the direction of the Attorney;
   (b)   To see that all laws and ordinances are enforced;
   (c)   To appoint, with the consent of the Council, the heads of the several city departments whose appointment is not otherwise specified in this charter and to direct and supervise such department heads;
   (d)   To give to the proper department or officials ample notice of the expiration or termination of any franchises, contracts or agreements;
   (e)   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;
   (f)   To recommend an annual budget to the Council and 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;
   (g)   To recommend to the Council for adoption such measures as he may deem necessary or expedient, and to attend Council meetings with the right to take part in discussions but not to vote;
   (h)   To exercise and perform all administrative functions of the city that are not imposed by this charter or ordinance upon some other official;
   (i)   To be responsible for the maintenance of a system of accounts of the city which shall conform to any uniform system required by law and by the Council and to generally accepted principles and procedure of governmental accounting. He shall submit financial statements to the Council quarterly, or more often as the Council directs;
   (j)   To act as Purchasing Agent for the city and in such capacity shall purchase all supplies and equipment and dispose of the same in accordance with procedures established by the Council;
   (k)   To perform such other duties as may be prescribed by this charter or required of him by ordinance or by direction of the Council.
Clerk: Functions and Duties:
Section 4.11
   (a)   The Clerk shall be the Clerk of the Council and shall attend all meetings of the Council and shall keep a permanent journal of its proceedings in the English language.
   (b)   The Clerk 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 shall also be custodian of all papers, documents, bonds, and records pertaining to the city, the custody of which is not otherwise provided for.
   (c)   The Clerk shall certify by his signature all ordinances and resolutions enacted or passed by the Council.
   (d)   The Clerk shall provide and maintain in his office a supply of forms for all petitions required to be filed for any purpose by the provisions of this charter.
   (e)   The Clerk shall have power to administer oaths of office.
   (f)   The Clerk shall perform such other duties as may be prescribed for him by this charter by the Council or by the City Manager.
Treasurer: Functions and Duties:
Section 4.12
   (a)   The Treasurer shall have the custody of all moneys of the city, any bond pertaining solely to the Clerk, and all evidences of indebtedness belonging to the City or held in trust by the city.
   (b)   The Treasurer shall collect all moneys of the city, the collection of which is not provided for elsewhere by charter or ordinance. He shall receive from other officers and employees of the city all money belonging to and receivable by the city that may be collected by such officers and employees. including fines, license fees, taxes, assessments and all other charges. All moneys shall be turned over to the Treasurer after collection or receipt, and he shall in all cases give a receipt therefor.
   (c)   The Treasurer 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 City Manager.
   (d)   The Treasurer shall disburse all city funds in accordance with the provisions of statute, this charter and procedures to be established by the Council.
   (e)   The Treasurer shall have such powers, duties, and prerogatives in regard to the collection and custody of state, county, school district and city taxes as are conferred by statute upon township treasurers in connection with state, county, township and school district taxes upon real and personal property.
   (f)   The Treasurer shall perform such other duties as may be prescribed for him by this charter, by the Council or by the City Manager.
Assessor: Functions and Duties:
Section 4.13 The Assessor shall possess all the powers vested in, and shall be charged with all the duties imposed upon assessing officers by statute. He shall prepare all regular and special assessment rolls in the manner prescribed by this charter, by ordinance and by statute. He shall perform such other duties as may be prescribed for him in this charter, by the Council or by the City Manager.
Attorney: Functions and Duties:
Section 4.14
   (a)   The Attorney shall act as legal advisor to, and be attorney and counsel for, the Council and shall be responsible solely to the Council. He shall advise any officer or department head of the city in matters relating to his official duties when so requested and shall file with the Clerk a copy of all written opinions given by him.
   (b)   The Attorney shall prosecute such ordinance violations and he shall conduct for the city such cases in court and before other legally constituted tribunals as the Council may request. He shall file with the Clerk copies of such records and files relating thereto as the Council may direct.
   (c)   The Attorney shall prepare or review all ordinances, contracts, bonds and other written instruments which are submitted to him by the Council and shall promptly give his opinion as to the legality thereof.
   (d)   The Attorney shall call to the attention of the Council all matters of law, and changes or developments therein, affecting the city.
   (e)   The Attorney shall perform such other duties as may be prescribed for him by this charter or by the Council.
   (f)   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 and counsel with the Attorney therein.
Compensation of Attorney and Special Counsel:
Section 4.15 The compensation of the Attorney shall be set by the Council. No compensation to special legal counsel shall be paid except in accordance with an agreement between the Council and the Attorney or Special Counsel made before the service for which such compensation is to be paid has been rendered.
Deputy Administrative Officers:
Section 4.16 The Clerk, Treasurer and Assessor may appoint their own deputies subject to the written confirmation of the City Manager, and may terminate the status of their deputies at their pleasure, upon written notice to the City Manager Such deputies shall, in each case, possess all the powers and authorities of their superior officers except as the same may be from time to time limited by their superiors or by the City Manager.
Planning and Zoning:
Section 4.17 The Council shall maintain a city planning commission in accordance with and having all the powers and duties granted by the provisions of statute relating to such commissions.
The Council shall maintain a zoning ordinance in accordance with the provisions of statute relating to such ordinances. Insofar as may be, such ordinance shall provide that zoning be coordinated with the work of the city planning commission
Independent Boards and Commissions:
Section 4.18 The Council may not create any board or commission, other than those provided for in this charter, to administer any activity, department or agency of the city government except (a) a municipal hospital, (b) a municipal cemetery, (c) recreation, or (d) any activity which by statute is required to be so administered. The Council may, however, establish (a) quasi-judicial appeal boards and (b) boards or commissions to serve solely in an advisory capacity.
Chapter 5
General Provisions Regarding Officers and Personnel of the City
Eligibility for Office and Employment in City:
Section 5.1 Any qualified voter of the city not in default thereto shall be eligible to hold any elective office of the City. The City Council shall be in sole charge of the election and judge of the qualifications of its own members. All administrative officers shall be citizens of the United States. No elective official may be appointed as an administrative officer or in any way be employed by the city during the term of office for which he was elected, except that Council members may serve in city owned volunteer services in case of emergency. Each member of a City Board or Commission shall be a qualified elector of the city on such days and throughout his tenure of office.
Each candidate for elective office shall file with his petition his affidavit that he possesses the qualifications for such office provided in this section. Failure to file such affidavit shall invalidate his petition.
Vacancies in Elective Offices:
Section 5.2 Any elective city office shall be declared vacant by the Council before the expiration of the term of such office:
   (a)   For any reason specified by statute or by this charter as creating a vacancy in office;
   (b)   If no person is elected to, or qualified for, the office at the election at which such office is to be filled;
   (c)   If the officer shall be found guilty by a competent court of any act constituting misconduct in office under the provisions of this charter;
   (d)   In the case of any member of the Council, if such officer shall miss four consecutive regular meetings of the Council or twenty-five per cent of such meetings in any fiscal year of the city, unless such absence shall be excused by the Council and the reason therefor entered in its proceedings at the time of each absence;
   (e)   If the officer is removed from office by the Council in accordance with the provisions of Section 5.4.
Vacancies in Boards and Commissions:
Section 5.3 The office of any member of any board or commission created by, or pursuant to, this charter shall be declared vacant by the Council before the expiration of the term of such office:
   (a)   For any reason specified by statute or by this charter as creating a vacancy in office;
   (b)   If the officer shall be found guilty by a competent court of any act constituting misconduct in office under the provisions of this charter;
   (c)   If such officer shall miss four consecutive regular meetings of such board or commission or twenty-five per cent of such meetings in any fiscal year of the city, unless such absence shall be excused by such board or commission and the reason therefor entered in the proceedings at the time of each absence;
   (d)   If the officer is removed from office by the Council in accordance with the provisions of Section 5.4.
Removals From Office:
Section 5.4 Removals by the Council of elective officers or of members of boards or commissions shall be made for either of the following reasons: (a) for any reason specified by statute for removal of city officers by the Governor, (b) for any act declared by this Charter to constitute misconduct in office. Such removals by the Council shall be made only after a hearing of which such officer has been given notice by the Clerk at least ten days in advance, either personally or by delivering the same at his last known place of residence. Such notice shall include a copy of the charges against such officer. The hearing shall afford an opportunity to the officer, in person or by attorney, to be heard in his defense, to cross-examine witnesses and to present testimony. If such officer shall neglect to appear at such hearing and answer such charges, his failure to do so may be deemed cause for his removal. A majority vote of the members of the Council in office at the time, exclusive of any member whose removal may be being considered, shall be required for any such removal.
Resignations:
Section 5.5 Resignations of elective officers shall be made in writing and filed with the Clerk and shall be acted upon by the Council at its next regular meeting following receipt thereof by the Clerk. Resignations of officers appointed by the Council shall be made in writing to the Council. All resignations shall be immediately acted upon.
Filling Vacancies in Elective Offices:
Section 5.6
   (a)   Any vacancy which occurs in the Council more than 60 days before the next regular City election shall be filled within 30 days by a majority vote of the remaining members of the Council, said appointee to hold office until the Monday following such election, at which election such vacancy shall be filled as provided in Section 3.6 for any balance of the unexpired original term.
Any vacancy which occurs in the Council 60 days or less before the next regular city election shall not be filled.
   (b)   If any vacancy in the office of Councilman which the Council is authorized to fill is not so filled within 30 days after such vacancy occurs, or if four or more vacancies exist simultaneously in the office of Councilman, such vacancies shall be filled for the respective unexpired terms at a special election. In connection with any special election to fill a vacancy or vacancies in any elective office no primary election shall be held; candidates shall be nominated by petition in a manner identical to that provided in Sections 3.10 to 3.13 inclusive; the names of all qualified candidates who file sufficient valid nomination petitions thirty days before such special election shall be certified to the Election Commission and placed on the ballot; and all other provisions of this charter, not inconsistent with this Section 5.6 shall govern.
   (c)   The provisions of this Section 5.6 shall not apply to the filling of vacancies resulting from recall.
Filling Vacancies in Appointive Offices:
Section 5.7 Vacancies in appointive offices shall be filled in the manner provided for making the original appointment.
Filling Vacancies in the Office of Justice of the Peace:
Section 5.8
   (a)   Vacancies in the office of Justice of the Peace occurring 120 days or more before any regular city election shall be filled by appointment by a majority vote of the members of the Council then in office for a term expiring on the Monday following the next regular city election. At such election such vacancy shall be filled for the unexpired term of office through the regular election procedure as provided in Chapter 3 and the Justice so elected shall take office on the Monday following such election.
   (b)   Vacancies in the office of Justice of the Peace occurring less than 120 days before any regular city election shall be filled by appointment by a majority vote of the members of the Council then in office for a term expiring on the Monday following the next succeeding regular city election. At such election such vacancy shall be filled for the unexpired term of office through the regular election procedure as provided in Chapter 3 and the Justices so elected shall take office on the Monday following such election.
   (c)   The provisions of this Section 5.8 shall not apply to the filling of vacancies resulting from recall.* The office of Justice of the Peace has been abolished by Michigan Statute and superseded by the District Court System. (Act 154 of P.A. 1968)*
Change in Term of Office or Compensation:
Section 5.9 Except by procedures provided in this charter, the terms of office of the elective officers and of members of boards and commissions appointed for a definite term shall not be shortened. The terms of elective officers shall not be extended beyond the period for which any such officer was elected except that an elective officer shall, after his term has expired, continue to hold office until his successor is elected or appointed and has qualified.
The Council shall not grant or authorize extra compensation to any officer or employee after his service has been rendered. The salary of any elective officer shall not be increased or decreased from the day he is elected until the end of the term of office for which he was elected.
Oath of Office and Bond:
Section 5.10 Every officer, elective or appointive, before entering upon the duties of his office, shall take the oath of office prescribed for public officers by the Constitution and shall file the oath with the Clerk, together with any bond required by statute, this charter or by the Council. In case of failure to comply with the provisions of this section within ten days from the date he is notified in writing of his election or appointment, such officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the Council shall by resolution extend the time in which such officer may qualify.
Surety Bonds:
Section 5.11 Except as otherwise provided in this charter, all officers of the city whose duties involve the custody of public property or the handling of public funds, either by way of receipt or disbursement or both, and all other officers and employees so required by the Council shall, before they enter upon the duties of their respective offices, file with the city an official bond, in such form and amount as the Council shall direct and approve.
Such official bond of every officer and employee shall be conditioned that he will faithfully perform the duties of his office, and will on demand deliver over to his successor in office, or other proper officer or an agent of the city, all books, papers, moneys, effects and property belonging thereto, or appertaining to his office, which may be in his custody as an officer or employee; and such bonds may be further conditioned as the Council shall prescribe. The official bond of every officer whose duty it may be to receive or pay out money, besides being conditioned as above required, shall be further conditioned that he will, on demand, pay over or account for to the city, or any proper officer or agent thereof, all moneys received by him as such officer or employee. The requirements of this paragraph may be met by the purchase of one or more appropriate blanket surety bonds covering all, or a group of, city employees and officers.
All official bonds shall be corporate surety bonds and the premium thereon shall be paid by the city. The Clerk shall be custodian of all the bonds of all officers or employees, except that the Treasurer shall be custodian of any bonds pertaining solely to the Clerk.
Delivery of Office:
Section 5.12 Whenever any officer or employee shall cease to hold such office or employment for any reason whatsoever, he shall within five days, or sooner on demand, deliver to his successor in office or to his superior all the books, papers, moneys and effects in his custody as such officer or employee. Any officer violating this provision may be proceeded against in the same manner as public officers generally for a like offense under statute. Any employee found guilty of violating this provision by a competent tribunal may be punished by a fine of not to exceed five hundred dollars or imprisonment for not to exceed ninety days, or both, in the discretion of the court.
Pecuniary Interest Prohibited:
Section 5.13
   (a)   No contract or purchase involving an amount in excess of one hundred dollars shall be made by the city in which any elective or appointive officer or any member of his family has any pecuniary interest, direct or indirect. A "contract" shall for the purposes of this section include any arrangement or agreement pursuant to which any material, service or other thing of value is to be furnished to the city for a valuable consideration to be paid by the city or sold or transferred by the city, except the furnishing of personal services as an officer or employee of the city; and the term "member of his family" shall include spouse, children, and the spouse of any of them.
   (b)   Without limiting the generality of paragraph (a) of this section, an officer shall be deemed to have a pecuniary interest in a contract if he or any member of his family is an employee, partner, officer, director, or sales representative of the person, firm or corporation with which such contract is made or of a sales representative of such person, firm or corporation. Ownership, individually or in a fiduciary capacity, by an officer or member of his family of securities, or of any beneficial interest in securities, of any corporation with which a contract is made or which is a sales representative of any person, firm or corporation with which such contract is made, shall not be deemed to create a pecuniary interest in such contract unless the aggregate amount of such securities, or interest in such securities, so owned by such officer and the members of his family, shall amount to ten per cent of any class of the securities of such corporation then outstanding.
   (c)   Any officer who knowingly permits the city to enter into any contract in which he has a pecuniary interest without disclosing such interest to the Council prior to the action of the Council in authorizing such contract shall be guilty of misconduct in office. The unanimous determination (by vote or written instrument filed with the Clerk) of the Council that in a particular case an officer or member of his family will not have a pecuniary interest in a contract or purchase to be entered into by the City shall be final and conclusive in the absence of fraud or misrepresentation.
   (d)   No officer shall stand as surety on any bond to the city or give any bail for any other person which may be required by the charter or any ordinance of the city. Any officer of the city who violates the provisions of this paragraph shall be guilty of misconduct in office.
Anti-Nepotism:
Section 5.14 Unless the Council shall by a two-thirds majority vote, which vote shall be recorded as part of its official proceedings, determine that the best interests of the city shall be served, the following relatives of any elective or appointive officer are disqualified from holding any appointive office or employment during the term for which said elective or appointive officer was elected or appointed: spouse, child, parent, grandchild, grandparent, brother, sister, half-brother, half-sister, or the spouses of any of them. All relationships shall include those arising from adoption. This section shall in no way disqualify such relatives or their spouses who are bona fide appointive officers or employees for the city at the time of the election of said elective official.
Compensation of Employees and Officers:
Section 5.15
   (a)   The compensation of all employees and officers of the city whose compensation is not provided for herein shall be fixed by the appointing officer or body within the limits of budget appropriations and in accordance with any pay plan adopted by the Council.
   (b)   The respective salaries and compensation of officers and employees as fixed by, or pursuant to, this charter shall be in full for all official services of such officers or employees and shall be in lieu of all fees, commissions and other compensation receivable by such officers or employees for their services. Such fees, commissions and compensation shall belong to the city and shall be collected and accounted for by such officers or employees, and be paid into the city treasury and a statement thereof filed periodically with the City Manager. The provisions of paragraph (b) of this section shall not apply to fees, commissions or other compensation paid by the County of Osceola to any officer or employee serving as a city representative on the Board of Supervisors.
   (c)   Nothing contained in this section shall prohibit the payment of necessary bona fide expenses incurred in service in behalf of the city.
Employee Welfare Benefits:
Section 5.16 The Council shall have the power to make available to the administrative officers and employees of the city and its department and boards any recognized standard plan of group life, hospital, health, or accident insurance either independently of, or as a supplement to, any retirement plan provided for said officers and employees.
Merit System:
Section 5.17 The Council may provide for a merit system for city employees.
Chapter 6
The Council: Procedure and Miscellaneous Powers and Duties:
Regular Meetings:
Section 6.1 The Council shall provide by resolution for the time and place of its regular meeting and shall hold at least one regular meeting each month. A regular meeting shall be held at 7:00 P.M. on the Monday next following each regular city election.
Special Meetings:
Section 6.2 Special meetings shall be called by the Clerk on the written request of the Mayor or any two members of the Council on at least twenty-four hours written notice to each member of the Council, served personally or left at his usual place of residence; but a special meeting may be held on shorter notice if all members of the Council are present or have waived notice thereof in writing.
Business at Special Meetings:
Section 6.3 No business shall be transacted at any special meeting of the Council unless the same has been stated in the notice of such meeting. However, any business which may lawfully come before a regular meeting may be transacted at a special meeting if all the members of the Council present consent thereto and all the members absent file their written consent.
Meetings to be Public:
Section 6.4 All regular and special meetings of the Council shall be open to the public and citizens shall have a reasonable opportunity to be heard under such rules and regulations as the Council may prescribe.
Quorum: Adjournment of Meeting:
Section 6.5 A majority of the members of the Council in office at the time shall be a quorum for the transaction of business at all Council meetings, but in the absence of a quorum, a lesser number may adjourn any meeting to a later time or date, and in the absence of all members, the Clerk may adjourn any meeting for not longer than one week.
Compulsory Attendance and Conduct at Meetings:
Section 6.6 Any two or more members of the Council may by vote either request or compel the attendance of its members and other officers of the city at any meeting. Any member of the Council or other officer who, when notified of such request for his attendance, fails to attend such meeting for reason other than those approved by the Council shall be deemed guilty of misconduct in office unless excused by the Council. The presiding officer shall enforce orderly conduct at meetings and any member of the Council or other officer who shall fail to conduct himself in an orderly manner at any meeting shall be deemed guilty of misconduct in office.
Any police officers designated by the presiding officer of the meeting shall serve as the Sergeant-at-arms of the Council in the enforcement of the provisions of this section.
Organization and Rules of the Council:
Section 6.7 The Council shall determine its own organization, rules and order of business subject to the following provisions:
   (a)   A journal of the proceedings of each meeting shall be kept in the English language by the Clerk and shall be signed by the presiding officer and clerk of the meeting.
   (b)   A vote upon all ordinances and resolutions shall be taken by a roll call vote and entered upon the records, except that where the vote is unanimous it shall only be necessary to so state.
   (c)   No member of the Council shall vote on any question in which he has a financial interest, or on any question concerning his own conduct, but on all other questions each member who is present shall vote when his name is called unless excused by the unanimous consent of the remaining members present. Any member refusing to vote except when not so required by this paragraph shall be guilty of misconduct in office.
   (d)   The proceedings of the Council, or a brief summary thereof, shall be published within fifteen days following each meeting. Any such summary shall be prepared by the Clerk and approved by the Mayor and shall show the substance of each separate proceeding of the Council.
   (e)   There shall be no standing committees of the Council.
Investigations:
Section 6.8 The Council, or any person or committee authorized by it for the purpose, shall have power to inquire into the conduct of any department, office or officer and to make investigations as to matters in which the municipality has an interest. The Council, for the purposes stated herein, may summon witnesses, administer oaths and compel the attendance of witnesses and the production of books, papers and other evidence.
Failure on the part of any officer to obey such summons or to produce books, papers and other evidence as ordered under the provisions of this section shall constitute misconduct in office. Failure on the part of any employee or other person to obey such summons or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a violation of this charter and such person when found guilty of such violation by a competent tribunal may be punished by a fine of not to exceed five hundred dollars or imprisonment not to exceed ninety days, or both, in the discretion of the court.
It is provided further that, in case of failure on the part of any person to obey such summons or to produce such books, papers and other evidence as so ordered, the Council may invoke the aid of the proper judicial tribunal in requiring obeyance of such summons or production of such books, papers and other evidence.
Providing for Public Health and Safety:
Section 6.9 The Council shall see that provision is made for the public peace and health, and for the safety of persons and property. Unless and until a board of health is established for the city by ordinance, the Council shall constitute the board of health of the city, and it and its officers shall possess all powers, privileges and immunities granted to boards of health by statute.
Chapter 7
Legislation
Prior City Legislation:
Section 7.1 All valid bylaws, ordinances, resolutions, rules and regulations of the city which are not inconsistent with this charter and which are in force and effect at the time of the effective date of this charter shall continue in full force and effect until repealed or amended. If any such ordinance, resolution, rule or regulation provides for the appointment of any officers or any members of any board or commission by the Mayor, such officers or members of any board or commission shall, after the effective date of this charter, be appointed by the Council.
Those provisions of any effective valid bylaw, ordinance, resolution, rule or regulation which are inconsistent with this charter, are hereby repealed.
Form of Ordinances:
Section 7.2 All legislation of the City of Reed City shall be by ordinance or by resolution. The word "resolution" as used in this charter shall be the official action of the Council in the form of a motion, and such action shall be limited to matters required or permitted to be done by resolution by this charter or by state or federal law and to matters pertaining to the internal affairs or concerns of the city government. All other acts of the Council, and all acts carrying a penalty for the violation thereof, shall be by ordinance. Each ordinance shall be identified by a number and a short title. Each proposed ordinance shall be introduced in written or printed form. The style of all ordinances passed by the Council shall be, "The City of Reed City ordains":
Enactment, Amendment and Repeal of Ordinances:
Section 7.3 Ordinances may be enacted, amended, or repealed by the affirmative vote of not less than four Councilmen, and except that when an ordinance is given immediate effect, Section 7.4 shall govern. Unless by the affirmative vote of five Councilmen, no office shall be created or abolished, no tax assessment be imposed, no street, alley, or public ground be vacated, no real estate or any interest therein be sold or disposed of, no private property be taken for public use, nor any vote of the Council be reconsidered or rescinded at a special meeting, nor any money appropriated except as otherwise provided by this charter.
Except in the case of ordinances which are declared to be emergency ordinances, no ordinance shall be finally passed by the Council until one month after the meeting at which it is introduced. A brief description of the subject and contents of the ordinance as introduced shall be published in a newspaper of general circulation in the city at least one week before final passage, either separately or as part of the published proceedings of the Council.
No ordinance shall be revised, altered, or amended by reference to the title only, but the section or sections of the ordinance revised, altered, or amended shall be reenacted and published at length in a newspaper of local circulation in the city. However, an ordinance may be repealed by reference to its number and title only.
Publication and Recording of Ordinances:
Section 7.4 Each ordinance shall be published within ten days after its enactment by publishing the full text thereof in a newspaper as defined in Section 17.9 either separately or as part of the published Council proceedings.
All ordinances shall be recorded by the Clerk in a book to be called "The Ordinance Book," and it shall be the duty of the Mayor and Clerk to authenticate such records by their official signatures thereon, but the failure to so record and authenticate such ordinance shall not invalidate it or suspend its operation.
Effective Date of Ordinances:
Section 7.5 The effective date of all ordinances shall be prescribed therein but the effective date, except in the case of emergency ordinances, shall not be less than fifteen days after enactment nor before publication thereof.
Penalties for Violations of Ordinances:
Section 7.6 The Council may provide in any ordinance for the punishment of those who violate its provisions. The punishment for the violation of any city ordinance shall not exceed a fine of five hundred dollars or imprisonment for ninety days, or both in the discretion of the court.
Enactment of Technical Codes by Reference:
Section 7.7 The Council may adopt in whole or in part any provision of state law or any detailed technical regulations as a city ordinance or code by citation of such provision of state law or by reference to any recognized standard code, official or unofficial, provided that any such provision of state law or recognized official or unofficial standard code shall be clearly identified in the ordinance adopting the same as an ordinance of the city. Where any code, or amendment thereto, is so adopted, all requirements for its publication may be met, other provisions of this charter notwithstanding, by (1) publishing the ordinance citing such code in manner provided for the publication of other ordinances and (2) by making available to the public copies of the code cited therein in book or booklet form at a reasonable charge.
Severability of Ordinances:
Section 7.8 Unless an ordinance shall expressly provide to the contrary, if any portion of an ordinance or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the remaining portion or applications of the ordinance which can be given effect without the invalid portion or application, provided such remaining portions or applications are not determined by the court to be inoperative, and to this end ordinances are declared to be severable.
Compilation or Codification of Ordinances:
Section 7.9 Within five years after the effective date of this charter, the Council shall direct the compilation or codification and printing in looseleaf or pamphlet form of all ordinances of the city then in force. Such compilation or codification shall be completed within one year thereafter. If a codification is completed, it shall be maintained thereafter in current form; if a compilation is completed, a recompilation shall be completed at least once in every five years thereafter. Any codification may include provisions not previously contained in ordinances of the city.
All requirements for publication of such compilation or codification, and of the ordinances contained therein, other provisions of this charter notwithstanding, may be met by making copies thereof available for inspection by, and distribution to, the public at a reasonable charge and by publishing notice of the printing and availability thereof before the effective date thereof.
The copies of the ordinances and of any compilation, code or codes referred to in the charter may be certified by the Clerk and when so certified shall be competent evidence in all courts and legally established tribunals as to the matter contained therein.
Initiative and Referendum:
Section 7.10 An ordinance may be initiated by petition, or referendum on an ordinance enacted by the Council may be had by petition, as hereinafter provided.
Initiatory and Referendum Petitions:
Section 7.11 An initiatory or a referendary petition shall be signed by not less than ten per cent of the registered electors of the city, as of the date of the last regular city election, and all signatures on said petition shall be obtained within twenty-one days before the date of filing the petition with the Clerk. Any such petition shall be addressed to the Council, and may be the aggregate of two or more petition papers identical as to contents. An initiatory petition shall set forth in full the ordinance it proposes to initiate and no petition shall propose to initiate more than one ordinance. A referendary petition shall identify the ordinance or code sections it proposes to have repealed.
Each signer of a petition shall sign his name, and shall place thereon, after his name, the date and his place of residence by street and number or by other customary designation. To each petition paper there shall be attached a sworn affidavit by the circulator thereof, stating the number of signers thereof and that each signature thereon is a genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant. Such petition shall be filed with the Clerk who shall, within fifteen days, canvass the signatures thereon. If the petition does not contain a sufficient number of signatures of registered electors of the city, the Clerk shall notify forthwith the person filing such petition and fifteen days from such notification shall be allowed for the filing of supplemental petition papers. When a petition with sufficient signatures is filed within the time allowed by this section, the Clerk shall present the petition to the Council at its next regular meeting.
Council Procedure on Initiatory and Referendary Petition:
Section 7.12 Upon receiving an initiatory or referendary petition from the Clerk, the Council shall either, within thirty days, unless otherwise provided by statute:
   (a)   Adopt the ordinance as submitted by an initiatory petition;
   (b)   Repeal the ordinance referred to by a referendary petition; or,
   (c)   Determine to submit the proposal provided for in the petition to the electors.
Submission of Initiatory and Referendary Ordinances to Electors:
Section 7.13 Should the Council decide to submit the proposal to the electors, it shall be submitted at the next election held in the city for any other purpose, or, in the discretion of the Council, at a special election called for the specific purpose. In case of an initiatory petition, if no election is to be held in the city for any other purpose within one hundred and fifty days from the time the-petition is presented to the Council and the Council does not adopt the ordinance, then the Council shall call a special election within sixty days from such time for the submission of the initiative proposal. The results shall be determined by a majority vote of the electors voting thereon, except in cases where otherwise required by statute or the Constitution.
Ordinance Suspended:
Miscellaneous Provisions on Initiatory and Referendary Ordinance:
Section 7.14 The presentation to the Council by the Clerk of a valid and sufficient referendary petition containing a number of signatures equal to twenty-five per cent of the registered electors of the city as of the date of the last regular city election shall automatically suspend the operation of the ordinance in question pending repeal by the Council or final determination by the electors.
An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed for a period of six months after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be reenacted for a period of six months after the date of the election at which it was repealed. It is provided, however, that any ordinance may be adopted, amended or repealed at any time by appropriate referendum or initiatory procedure in accordance with the provisions of this chapter or if submitted to the electorate by the Council on its own motion.
If two or more ordinances adopted at the same election shall have conflicting provisions, the provisions in the ordinance receiving the highest number of affirmative votes shall govern.
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