General provisions regarding officers and personnel.
Section 5.1. Eligibility for office.
(a) No person shall hold any elective office of the city, unless he was a resident of the city for at least one year immediately prior to the date of the election at which he is a candidate. He must also have been a registered elector on the last day for filing nominating petitions for such office or prior to his appointment to fill a vacancy.
(b) No person shall be eligible for any elective or appointive city office who is in default to the city. The holding of office by any person who is in default shall create a vacancy unless such default shall be eliminated within thirty (30) days after written notice thereof has been served at his last known place of residence by the city clerk upon the direction of the council, or, unless the officer contests his liability for the default in a court of competent jurisdiction.
(c) No person who holds or has held the office of councilman shall be eligible to hold any appointive office for which there is compensation paid by the city until one year has elapsed following the expiration of the term of office for which he was elected. This provision would not apply to appointments where nominal compensation may be paid by the city.
(d) No employee shall seek an elective office of the City unless he resigns his position with the City on or before the last date for filing petitions.
Section 5.2. Financial interest of officer in contract with city; officer standing as surety of giving bail required by Charter of city ordinance.
(a) Except as permitted by this section no contact or purchase involving an amount in excess of five hundred dollars shall be made by the city in which any officer or any member of his family has any financial interest, direct or indirect. A "contract" shall for the purpose of this section include any arrangement or agreement pursuant to which any materiel, service or other thing of value is to be furnished to the city for a valuable consideration to be paid by the city or is to be sold or transferred by the city, except the furnishing of personal services as an officer or employee of the city. The term "member of his family" shall include only spouse, child, grandchild, father, mother, sister, brother 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 financial 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 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, of any corporation with which a contract is made or is a sales representative of any person, firm or corporation with which such contract is made, shall not be deemed to create a financial interest in said 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 percent of any class of the securities of such corporation then outstanding.
(c) A contract in which an officer or member of his family has a financial interest may be made by the city if the members of the council having no such interest shall unanimously determine that the best interest of the city will be served by the making of such contract is made after comparative prices are obtained.
(d) Any officer who knowingly permits the city to enter into any contract or purchase in which he has a financial 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. Except in the instances specified in paragraph (c) of this section, the unanimous determination (by vote or written instrument) of all members of the council that in a particular case an officer or member of his family will not have a financial interest in any contract or purchase to be entered into by the city shall be final and conclusive in the absence of fraud or misrepresentation.
(e) 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 ordnance of the city. Any officer of the city who violates the provisions of this paragraph shall be guilty of misconduct in office.
Section 5.3. Holding of appointive office or employment by relative of elective or appointive officer.
Unless the council shall by unanimous vote shall be recorded as part of its official proceedings, determine that the best interests of 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 office was elected or appointed; spouse, child, parent, grandchild, grandparent, brother, sister, half-sister, half-brother 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 offices or employees of the city at the time of the election or appointment of said official.
Section 5.4. Oath of office and bond required.
Every officer, elective or appointive, before entering upon the duties of his office, shall qualify by taking his oath of office prescribed for public officers by the Constitutions of the state, and by filing 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, be resolution, extend the time in which such officer may qualify as about set forth.
Section 5.5. Surety bonds.
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.The official bond of every officer or employee whose duty it may be to receive or pay out money, shall be 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 premiums 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.
Section 5.6. Delivery of effects of office to successor or superior when officer or employee ceases to hold office.
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, money and effects in his custody that in any manner pertains to his office. Any officer violation this provision may be proceeded against in the same manner as public officers generally for a like offense under statute.
Section 5.7. Declaration of vacancy in elective office.
Any elective city office shall be declared vacant by the council before the expiration of the term of such office:
- For any reason specified by statute or by this Charter as creating a vacancy in office;If no person is elected to, or qualified for the office at the election at which such office is to be filled;If the officer shall be found guilty by a competent tribunal of any act constituting misconduct in office under the provisions of this Charter;In the case of any member of the council, if such officer shall miss four consecutive regular meetings of the council or twenty-five percent of such meetings in any fiscal year of the city, unless such absence shall be excused by the council and the reason therefore entered in its proceedings at the time of each absence;
- If the officer is removed from office by the council in accordance with the provisions of Section 5.9.
Section 5.8. Declaration of vacancy in boards or commissions.
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:
- For any reason specified by statute or by this Charter as creating a vacancy in office;If the officer shall be found guilty by a competent tribunal of any act constituting misconduct in office under the provisions of this Charter;If the officer shall miss four consecutive regular meetings of a board or commission or twenty-five percent of such meetings in any fiscal year of the city, unless such absence shall be excused by the board or commission and the reason therefore entered in the proceedings at the time of each absence;
- If the officer is removed from office by the council in accordance with the provisions of Section 5.9.
Section 5.9 Removal from office.
Removals by the council of elective officers or of members or boards of commissions shall be made for either of the following reasons:
- For any reason specified by statute for removal of city officers by the governor.
- 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 the officer has been given notice by the clerk at least ten days in advance, either personally or by certified mail, addressed to him at his last known place of residence. Such notice shall include a copy of the charges against the 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 the officer shall neglect to appear at the hearing and answer the 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 is being considered, shall be required for any such removal.
Section 5.10. Resignations of elective and appointive officers.
Resignations of elective officers and of members of boards and commissions shall be made in writing and filed with the clerk and shall be acted upon by the council at its next regular or special meeting following receipt thereof by the clerk. Resignations of appointive officers shall be made in writing to the appointing officer or body and shall be acted upon immediately.
Section 5.11. Filling vacancy in council.
Any vacancy in the council which occurs more than fifty-nine (59) days before the next regular city election may be filled within sixty (60) days by a majority of the members of the council then in office. Said appointment shall be for a term expiring on the date of the regular meeting following the next regular city election at which election such vacancy shall be filled for the balance of the unexpired term through the regular election procedure as provided elsewhere in this Charter.
Section 5.12. Filling vacancies in offices.
Vacancies in appointive offices shall be filled in the manner provided for making the original appointment. In the case of members of boards and commissions appointed for a definite term, such appointments shall be for the unexpired term .Vacancies in elective offices shall be filled by appointment by the city council until the next regular city election, when the vacancy shall be filled by election for the residue of the official term .Editor’s note – Section 5.12 was approved by the city council on July 19, 1976, published in the newspaper on October 14 and 21, 1976, approved by a vote of the people on November 2, 1976, and filed with the Michigan secretary of state under the date of December 20, 1976.
Section 5.13. Changes in term of office or compensation.
Except by procedures provided in this Charter, the terms of office of the elective officers and of members of boards and commissions appointed for definite terms shall not be shortened. The terms of elective officers of the city shall not be extended beyond the period for which any such officer was elected except that an elective officer shall, after his/her term has expired, continue to hold office until his/her successor is elected and has qualified.The council shall not grant or authorize extra compensation to any officer or employee after the service has been rendered. (Charter Amend. Res. of 5-7-90, 2)
Section 5.14. Compensation of employees not provided for by Charter; bona fide expenses incurred in service of city.
(a) The compensation of all employees and officers of the city whose compensation is not provided for herein, shall be fixed by the council within the limits of budget appropriations, and in accordance with any pay plan adopted by the council. Compensation for officers and the adoption of a pay plan shall be by ordinance.
(b) Nothing contained in this section shall prohibit the payment of necessary bona fide expense incurred in service in behalf of the city.
Section 5.15. Group insurance for officers and employees.
The council shall have the power to make available to the administrative officers and employees of the city and its departments 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.
Section 5.16. Employees retirement system.
The council may provide for a retirement system for the city employees.
Section 5.17. Merit system for employees.
The council may provide for a merit system for city employees. Top
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