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:
(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:
(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:
(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:
Filling Vacancies in the Office of Justice of the Peace:
(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:
(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:
(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: