CHAPTER 31:  VILLAGE OFFICIALS
Section
   31.01   Village Manager
   31.02   Village Clerk
   31.03   Village Treasurer
§ 31.01  VILLAGE MANAGER.
   (A)   Establishment of office. In accordance with the authority for the appointment of a Village Manager granted to the village in Public Act 3 of 1895, M.C.L.A. §§ 62.2 and 65.8 as amended, the office of Village Manager is established.
   (B)   Appointment of Village Manager. The President shall, with the concurrence of a majority of the Village Council, appoint a Village Manager. The Village Council may enter into an employment contract with a Village Manager for a period extending beyond the terms of the members of Village Council but not exceeding six years. An employment contract with a Village Manager shall be in writing and shall specify the compensation to be paid to the Village Manager, any procedure for changing compensation, any fringe benefits and any other conditions of employment. The contract shall state that the Village Manager serves at the pleasure of the Village Council. The contract may provide for severance pay or other benefits in the event the employment of the Village Manager is terminated by the Village Council. The Village Manager shall serve at the pleasure of the Village Council and may be removed by a majority of the Village Council. The Village Manager shall be selected solely on the basis of administrative and executive abilities, with special reference to training and experience.
   (C)   Acting Village Manager. The President, with the concurrence of a majority of the Trustees, shall appoint or designate an Acting Village Manager during a vacancy in the office of Village Manager and shall make a permanent appointment within 180 days from the effective date of the vacancy.
   (D)   Compensation. The Village Manager shall receive such compensation as the Village Council shall determine by resolution or ordinance.
   (E)   Duties. The Village Manager shall be the chief administrative officer of the village and shall be responsible to the Village Council for the efficient administration of all affairs of the village and shall exercise management supervision over all departments and over all public property belonging to the village. The Village Manager shall have the following functions and duties:
      (1)   Attend and participate in all meetings of the Village Council and committees but shall not have a vote on such Village Council or committees;
      (2)   Be responsible for personnel management and shall issue, subject to Village Council approval, personnel rules applicable to all village employees. The Village Manager shall have the following responsibilities:
         (a)   To appoint, suspend or remove all appointed administrative officers and department heads, subject to Village Council approval. The Village Manager shall recommend to the Village Council the salary or wage for each such official; and
         (b)   To appoint, suspend or remove all other employees of the village. The Village Manager shall determine the salary for each such employee subject to Village Council approval.
      (3)   Exercise supervisory control over all departments including the Police Department and the Department of Public Works;
      (4)   Exercise supervisory responsibility over the accounting, budgeting, personnel, purchasing and related management functions of the Village Clerk and Village Treasurer;
      (5)   Shall be authorized to attend all meetings of village boards and commissions including the Village Planning Commission with the right to take part but shall not have a vote;
      (6)   Prepare and administer the budget as provided for in the Uniform Budgeting and Accounting Act, Public Act 2 of 1968, M.C.L.A. §§ 141.421 to 141.440a as amended, and any village ordinance that may be adopted;
      (7)   Be the purchasing agent of the village;
      (8)   Prepare and maintain written policies and procedures defining the duties and functions of the several officers and departments of the village, subject to the approval by the Village Council;
      (9)   Investigate all complaints concerning the administration of the village, and shall have authority at all times to inspect the books, records and papers of any agent, employee or officer of the village;
      (10)   Make recommendations to the Village Council for the adoption of such measures as may be deemed necessary or expedient for the improvement or betterment of the village; and
      (11)   Perform other duties required from time to time by the Village Council.
   (F)   Purchasing responsibilities. The Village Manager shall act as purchasing agent for all village offices and departments. The Village Manager may delegate some or all of the duties as purchasing agent to another officer or employee provided that such delegation shall not relieve the Village Manager of the responsibility for the proper conduct of those duties.
      (1)   The Village Manager shall have the authority to purchase any product or service the cost of which does not exceed $2,500, provided that funds have been appropriated. The cost of the product or service shall not exceed the unencumbered balance of the appropriation for that account. Any product or service the cost of which exceeds the above dollar amount shall be purchased only if prior approval of the Village Council has been obtained. The Village Manager may promulgate rules governing the purchase of products or services.
      (2)   The Village Manager shall have the authority to purchase any product or service regardless of its cost when such purchase is necessitated by an emergency condition. EMERGENCY CONDITION is defined to mean any event, which presents an imminent threat to the public health or safety or any event which would result in the disruption of a village service which is essential to the public health or safety.
   (G)   Dealing with employees. Neither the Village Council nor the Village President shall attempt to influence the employment of any person by the Village Manager or in any way interfere in the management of departments under the jurisdiction of the Village Manager. Except for the purpose of inquiry, the Village President and Village Council and its members shall deal with departments under the jurisdiction of the Village Manager through the Village Manager.
(Ord. 178, passed 11-20-2008)
§ 31.02  VILLAGE CLERK.
   (A)   Establishment of office. In accordance with the authority for the appointment of such village officers as the Village Council shall deem necessary for the execution of the powers granted to the village contained in Public Act 3 of 1895, M.C.L.A. § 62.1, as amended, there is hereby established the office of the Village Clerk. The Village Clerk is an administrative officer of the village.
   (B)   Appointment of Village Clerk. The Village President shall appoint the Village Clerk, subject to the approval by a majority vote of the Village Council. The Village Clerk shall serve at the pleasure of the Village President and may upon recommendation of the Village President, be removed by the affirmative vote of a majority vote of the Village Council, but only after a hearing before the Village Council. The Village Clerk will report and be responsible to the Village President for the official functions and activities of the Village Clerk’s position and for the day-to-day operations of the office, except as otherwise provided by state law. The Village Clerk shall be selected on the basis of administrative and technical abilities.
   (C)   Term of office. The term of office of the Village Clerk shall be two years from the second Monday of March of each even-numbered year and until a successor is appointed.
   (D)   Duties. The Village Clerk shall possess all the powers vested in, and shall be charged with the duties imposed upon, clerks by state law.
      (1)   In addition, the Village Clerk shall perform all other such duties in the manner prescribed by the General Law Village Act of the state, Public Act 3 of 1895, M.C.L.A. §§ 61.1 et seq., the ordinances of the village or by state law.
      (2)   The Village Clerk shall perform such other duties as may be assigned or prescribed by state law, ordinances of the village or resolutions of the Village Council.
      (3)   The Village Clerk shall:
         (a)   Be the Clerk of the Council and keep a permanent journal of its proceedings;
         (b)   Keep a record of all ordinances, resolutions and actions of the Council;
         (c)   Have power to administer all oaths required by state law and ordinances of the village;
         (d)   Be custodian of the village seal, and affix it to all documents and instruments requiring the seal and shall attest the same;
         (e)   Be custodian of all papers, documents and records pertaining to the village, the custody of which is not otherwise provided for;
         (f)   Give the proper officials of the village reasonable notice of the expiration or termination of any official bonds, franchises, contracts or agreements;
         (g)   Issue and sign all licenses granted after the license fee has been paid to the Treasurer and register the same;
         (h)   Certify by signature all ordinances and resolutions enacted or passed by the Council;
         (i)   Conduct elections in accordance with the General Law Village Act of the state, Public Act 3 of 1895, M.C.L.A. §§ 61.1 et seq. and state election law;
         (j)   Be the general accountant of the village and maintain a system of accounts which conform to such uniform system as may be required by state law; and
         (k)   Publish and post notices of the village as required by state law and ordinances of the village.
(Ord. 153, passed 5-19-2004)
§ 31.03  VILLAGE TREASURER.
   (A)   Establishment of office. In accordance with the authority for the appointment of such village officers as the Council shall deem necessary for the execution of the powers granted to the village contained in Public Act 3 of 1895, M.C.L.A. § 62.1, as amended, there is hereby established the office of the Village Treasurer. The Village Treasurer is an administrative officer of the village.
   (B)   Appointment of Village Treasurer.  The Village President shall appoint the Village Treasurer, subject to the approval by a majority vote of the Village Council. The Village Treasurer shall serve at the pleasure of the Village President and may, upon recommendation of the Village President, be removed by the affirmative vote of a majority vote of the Village Council, but only after a hearing before the Village Council. The Village Treasurer will report and be responsible to the Village President for the official functions and activities of the Village Treasurer’s position and for the day-to-day operations of the office, except as otherwise provided by state law. The Village Treasurer shall be selected on the basis of administrative and technical abilities.
   (C)   Term of office. The term of office of the Village Treasurer shall be two years from the second Monday of March of each even-numbered year and until a successor is appointed.
   (D)   Duties. The Village Treasurer shall possess all the powers vested in, and shall be charged with all the duties imposed upon, treasurers by state law.
      (1)   In addition, the Village Treasurer shall perform all other such duties in the manner prescribed by the General Law Village Act of the state, Public Act 3 of 1895, M.C.L.A. §§ 61.1 et seq., the ordinances of the village or by state law.
      (2)   The Village Treasurer shall perform such other duties as may be assigned or prescribed by state law, ordinances of the village or resolutions of the Village Council.
      (3)   The Village Treasurer shall:
         (a)   Have custody of all monies of the village and all evidence of value belonging to the village, or held in trust by the village;
         (b)   Receive all monies belonging to and receivable by the village, that may be collected by any officials or employees of the village, including license fees, taxes, assessments, utility charges  and all other charges belonging to and payable to the village,
  and in all cases give a receipt therefor;
         (c)   Keep and deposit all monies or funds in such manner and only in such places as may be determined and report the same in detail to the Village President and in accordance with the General Law Village Act of the state, Public Act 3 of 1895, M.C.L.A. §§ 61.1 et seq., state law, ordinances and policies;
         (d)   Have such powers, duties and prerogatives as are conferred by law to enforce the collection of state, county, village and school taxes upon real and personal property;
         (e)   Have custody of all investments and invested funds of the village or in its possession in a fiduciary capacity; and
         (f)   Safely keep all bonds and notes of the village.
(Ord. 138, passed 11-8-2000)