Commission-Manager Government:
The City Commission:
Section 5.2. There shall be a Commission of seven members, consisting of the seven elected Commissioners, one of whom shall serve as Mayor. The Commission shall constitute the legislative and governing body of the city and shall have power and authority, except as otherwise provided in this charter or by statute, 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 “Commission” is used in this charter, the same shall be synonymous with the word “Council”, or any other term used in any statute or federal law in referring to municipal legislative or governing bodies.
Compensation of Mayor and Commissioners:
Section 5.3. Each Commissioner and the Mayor shall receive as compensation, five dollars for each regular meeting and $2.00 for each special meeting of the Commision which he attends, but the compensation so paid shall not exceed one hundred fifty dollars in any fiscal year. The Mayor shall, in addition, receive the sum of one hundred dollars per year.
Such compensation shall be paid one-half thereof on October 1 and one-half thereof on April 1 following in such fiscal year, and except as otherwise provided in this charter shall constitute the only compensation which may be paid the Mayor and Commissioners for the discharge of any official duty for or on behalf of the city during their tenure in office. However, the Mayor and Commissioners may, upon order of the Commission, be paid such necessary bona fide expenses incurred in service in behalf of the city as are authorized and itemized.
Election of Mayor, Mayor Pro Tem:
Section 5.4. At 7:30 P. M. of the then prevailing local time on the first Monday following the regular municipal election, the Commission shall meet at the City Hall for the purpose of organization and elect one of its members to serve as Mayor and for the purpose of electing one of its members to serve as Mayor Pro Tem, both for a term expiring at the first Commission meeting following the next regular city election. No person shall be eligible for election as Mayor unless said person has had at least one year previous experience on Scottville City Commission.
In the event of absence or disability of both the Mayor and Mayor Pro Tem, the Commission may designate another of its members to serve as Acting Mayor during such absence or disability.
Duties of Mayor:
Section 5.5. (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 Commission equal with that of other members of the Commission but shall have no veto power. He shall be the presiding officer of the Commission.
(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 ordinance of the city to suppress riot and disorder.
(c) The Mayor shall execute or authenticate by his signature, such instruments as the Commission, this charter or any statute or laws of the United States shall require.
(d) Except as may be required by statute, the Mayor shall exercise only such powers as this charter or the Commission 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 5.6. 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 Commission 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 Commission for an indefinite period, shall be responsible to and serve at the pleasure of the Commission and shall have their compensation fixed by the Commission.
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 Commission. 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 Commission. Such officers may be discharged by the City Manager at his pleasure without confirmation by the Commission.
Except as may be otherwise required by statute or this charter, the Commission 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 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 had been discharged may within ten days thereafter petition the Commission to hear the facts regarding such discharge, and in such case the Commission 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.
Relationship of Commission to Administrative Service:
Section 5.7. Neither the Commission 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 Commission and its members shall deal with the administrative service solely through the City Manager, and neither the Commission nor any member thereof shall give orders to any of the subordinates of the City Manager.
City Manager: Appointment and Qualifications:
Section 5.8. The Commission shall appoint a City Manager within ninety days after any vacancy exists in such position. The City Manager shall hold office at the pleasure of a majority of the Commission, but he shall not be removed from office during a period of sixty days following any regular city election except by the affirmative vote of five members of the Commission. 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 5.9. The Commission 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:
(a) To be responsible to the Commission 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 Commission, the heads of the several city departments whose appointment is not 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 Commission and to administer the budget as finally adopted under policies formulated by the Commission, and to keep the Commission fully advised at all times as to the financial condition and needs of the city;
(g) If required by the Commission, by resolution or ordinance, the City Manager shall submit to the Commission, simultaneously with his recommended budget, a schedule showing all recommended capital outlay expenditures during the following five fiscal years. The City Manager shall prepare this schedule after consultation with the City Planning Commission. This schedule shall list separately each proposed acquisition of capital equipment or facility and each proposed capital expenditure program with estimates of cost, as accurate as may be made without detailed plans and specifications. This schedule shall be for the guidance of the Commission in adoption of the regular annual budget and the Commission may delete items or make such revisions as it deems appropriate and may arrange items in the order of priority for acquisition or construction. After making any desired corrections or addition, the Commission shall adopt the capital outlay program at the same meeting as it adopts the regular annual budget, but such adoption shall be only for the purpose of setting up a guide for future capital expenditures and in no way shall obligate the city to carry out the programs listed nor to include any of the items in future budgets nor to appropriate funds for any of the items or programs. In the preparation of the annual budget, neither the City Manager nor the Commission shall include or appropriate funds for any capital expenditure unless the item was included in the capital outlay program adopted the previous year or is included in the capital outlay program submitted with the budget;
(h) To recommend to the Commission for adoption such measures as he may deem necessary or expedient, and to attend Commission meetings with the right to take part in discussions but not to vote;
(i) To exercise and perform all administrative functions of the city that are not imposed by this charter or ordinance upon some other official;
(j) 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 Commission and to generally accepted principles and procedure of governmental accounting. He shall submit financial statements to the Commission quarterly, or more often as the Commission directs;
(k) 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 Commission;
(l) To perform such other duties as may be prescribed by this charter or required of him by ordinance or by direction of the Commission.
Clerk: Functions and Duties:
(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 Commission.
(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 Commission or by the City Manager.
Treasurer: Functions and Duties:
(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 Commission 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 Commission.
(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 Commission or by the City Manager.
Assessor: Functions and Duties:
Section 5.13. 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 Commission or by the City Manager.
Attorney: Functions and Duties:
Section 5.14. (a) The Attorney shall act as legal advisor to, and be attorney and counsel for, the Commission and shall be responsible solely to the Commission. 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 Commission may request. He shall file with the Clerk copies of such records and files relating thereto as the Commission may direct.
(c) The Attorney shall prepare or review all ordinances, contracts, bonds and other written instruments which are submitted to him by the Commission and shall promptly give his opinion as to the legality thereof,
(d) The Attorney shall call to the attention of the Commission 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 Commission.
(f) Upon the recommendation of the Attorney, or upon its own initiative, the Commission 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 5.15. The compensation of the Attorney shall be set by the Commission. No compensation to special legal counsel shall be paid except in accordance with an agreement between the Commission 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 5.16. 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 5.17. The Commission 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 ordinances. Insofar as may be, such ordinance shall provide that zoning be coordinated with the work of the city planning commission.
Reserved:
Editor’s note:
This section was deleted because of city election held August 8, 2000.