Download - Proposed Pontiac City Charter

8/9/2019 Proposed Pontiac City Charter

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150209, City of Pontiac, Page 1 of 45

PREAMBLE

We, the people of the City of Pontiac, adopt this 2015 Charter to protect our rights and topromote a just, honorable and efficient government.

Pontiac is a city with a strong history, formally incorporated in 1861. As with previousCharters for this historic City, the citizens have forged this Charter to ensure our great Cityof Pontiac thrives for many generations of future residents.


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ARTICLE I – GENERAL PROVISIONS

1.101 City GovernmentThe people of the City of Pontiac hereby provide for the establishment andcontinuation of their municipal government as set forth in this home rule Charter

and as provided by law.

1.102 BoundariesThe boundaries of the City when this Charter takes effect shall continue unlesschanged in accordance with State law.

1.103 General PowersThe City possesses the home rule powers and all other powers conferred by theMichigan constitution and law. The specific mention of a particular power in thisCharter shall not be construed as limiting in any way these general powers. Thesepowers shall be liberally interpreted and construed in favor of the City.

1.104 Strong Mayor PlanThe plan of municipal government provided by this Charter is k nown as the “StrongMayor Plan.”

1.105 Open Meetings and Open RecordsAs required by law, the City, its officials and employees shall comply with, the OpenMeetings Act, MCL 15.261 et seq., and the Freedom of Information Act, MCL 15. 231et seq.,

1.106 Definitions

As used in this Charter:

(1) “Shall” is mandatory; “may” is discretionary.

(2) “Mayor” means the Mayor of the City of Pontiac.

(3) “Director” means the administrative head of a department, notwithstandingthat this Charter or ordinance may give another title to the position.

(4) “Appointee” and “appointment” refer to persons either (i) serving on boardsand commissions of the City or (ii) holding upper level positions included in

the management of City government and outside any civil service system orcollective bargaining unit.

(5) “Employee” refers to persons holding positions in City government below themanagement level.

(6) “Emergency” means any occasion or instance in which the Mayor determinesimminent extraordinary actions are needed to save lives, protect property


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and the public health and safety, or to lessen or avert the threat of acatastrophe in any part of the City.

(7) “Public Servant” means all persons serving the City, including the Mayor,members of the City Council, the City Clerk, appointive officers, any memberof a board, commission, or other voting body that is established by eitherbranch of City government or this Charter or ordinance, and any appointee,employee or individual who provides services to the City, within or outsideof its offices or facilities pursuant to a personal services contract.

(8) “Lobbying” means all communications with a Public Servant for the purposeof influencing legislative or executive action.

(9) “Lobbyist” means with respect to lobbying city government:

(a) a person whose expenditures for lobbying are more than $1,000.00 invalue in any 12-month period;

(b) a person whose expenditures for lobbying are more than $250.00 invalue in any 12-month period, if the amount is expended on lobbying a singlepublic official; or

(c) a registered lobbyist under applicable laws, who lobbies Pontiac citygovernment.

(10) “Immediate family member” means a person who is related to a publicservant as a spouse or as any of the following, whether by marriage, blood oradoption: parent, child, brother, sister, uncle, aunt, nephew, niece, firstcousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law,daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,stepsister, half-brother, half-sister, brother-in-law, or sister-in-law.

(11) “Publish” and “Publication.”(a) Unless as otherwise required by law, the requirement contained in thisCharter for the publishing or publication of notices, ordinances orproceedings of City Council or other city boards, commissions or authorities,

shall be met by publishing in one of the following manners:

(i) At least once in a newspaper published in the English languagefor news of general character, with general circulation at regularintervals in the city for at least one (1) year immediately prior to thepublication of the notice, or(ii) By posting in at least three (3) conspicuous places within thecity, or


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(iii) By posting on the City’s website, cable site and/or the Internet.

(b) Prima facie evidence of such publication shall be in the form of anaffidavit of the printer or publisher of the newspaper, or the foreman orprincipal clerk attached to a copy of the notice.

(c) In the case in which the Charter requires or permits the mailing orposting of notices around the city or on the internet, the affidavit of theofficer or employee responsible for such mailing or posting, that such noticewas mailed or posted shall be prima facie evidence of such mailing orposting.

1.107 Rules of Interpretation (1) Severability

If any provision of this Charter or the application thereof to any person orcircumstance is held invalid, the invalidity shall not affect other provision or

applications of this Charter.

(2) Number or GenderThe singular form of a word includes the plural, the plural form of a wordincludes the singular, and the masculine gender includes the feminine genderand the neuter.

(3) TenseThis Charter is to be regarded as speaking in the present and continuously.Thus, for example, the phrase “as provided by law” will incorporate the

provisions of law as they change from time to time.

(4) HeadingsThe article, chapter and section headings of this Charter are provided merelyfor the convenience of the reader. They are not part of the Charter and shallbe given no legal effect.


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ARTICLE II – ELECTIONS

2.101 Elective Officers(1) The elective officers of the City are the Mayor and the seven (7) members ofthe City Council. Five (5) Council members shall be elected by district and two (2)

at-large Council members shall be elected Citywide.

(2) The Mayor shall be elected at large.

2.102 Elections(1) City elections are non-partisan.

(2) The Mayor and City Council members shall be nominated and elected at theodd-year primary and general elections, for the city, commencing with the year2017, as provided by the Michigan Election Law, being M.C.L.A. §§ 168.1 through168.992 and every four years thereafter.

2.103 VotersElectors of the City shall be registered as provided by law.

2.104 Conduct of ElectionsCity primary and general elections shall be conducted and votes canvassed asprovided by law.

2.105 Election Commission(1) The City Election Commission shall be composed of:

(a) The City Clerk

(b) The City’s Attorney (c) The City Treasurer.

(2) Two Commissioners shall constitute a quorum. Should only (one) 1 of saidCommissioners be in attendance on the day appointed for a meeting of theCommission, the Commissioner in attendance shall appoint a qualified andregistered elector of said City to act in the absentee's stead, during the period ofnonattendance

(3) The Election Commission may hire assistants, inspectors, and other electionpersonnel.

(4) The Commission shall perform all duties required of election Commissionsby law.

(5) All meetings of the Commission shall comply with State law.

(6) In case of any doubt concerning election procedure, the Commission shallprescribe the procedure to be followed.


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(7) The City Clerk shall serve as chair of the Election Commission.

2.106 Electoral Districts and Re-ApportionmentThe City shall be divided into five (5) electoral districts. The district s shall be

contiguous, compact and as nearly of equal population as is practicable. In no eventshall the population of any district vary by more than one (1) percent from that ofany other district, based upon the most recent official United States decennialcensus or other census permitted by law. Districts shall be apportioned byordinance pursuant to law and this Charter. The initial apportionment ordinanceshall be adopted no later than January 1, 2017. Thereafter, an apportionmentordinance shall be adopted after the release of each U.S. Decennial Census thereafterand at least six (6) months prior to the City primary election to which it first applies.The effective date of representation of the new districts shall be the date for takingoffice of the first Council members elected therefrom, unless otherwise provided bythis Charter.

2.107 Candidates for Nomination(1) Any person desiring to become a candidate for nomination to any City officeshall meet the residency requirements of §3.101, §3.102 or §4.10 of this Charter, asapplicable, and file with the Clerk nominating petitions as provided by law.

(2) Nominating petitions of a candidate for nomination to a City Council at-largeseat shall contain the signatures of at least one hundred fifty (150) and not morethan two hundred fifty (250) registered electors.

(3) Nominating petitions of a candidate for nomination to a City Council district

seat shall contain the signatures of at least fifty (50) and not more than one hundred(100) registered electors of the district involved.

(4) Nominating petitions of a candidate for nomination for Mayor shall containthe signatures of at least two hundred fifty (250) and not more than four hundred(400) registered electors.

(5) All candidates for city primary elections shall be nominated by petition. Theform of the petition shall be substantially that designated by the secretary of statefor the nomination of nonpartisan judicial officers. A supply of official petition formsshall be provided and maintained by the city clerk. A candidate may have the

nominating petitions printed, but the petitions must comply substantially with thestatutory form. Each petition shall contain the name of only one candidate. A personshall not sign more nominating petitions for the same office than there are personsto be elected to the office. If a qualified and registered voter signs nominatingpetitions for a greater number of candidates for public office than the number ofpersons to be elected thereto, his signatures, if they bear the same date, shall not becounted upon any petition and if they bear different dates shall be counted in the


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order of their priority of date for only so many candidates as there are persons to beelected.

(a) The City Clerk shall receive nominating petitions filed in accordancewith the provisions of this charter and statute. Nominating petitions forspecial primary elections for the filling of vacancies shall be filed with the cityclerk as is provided by statute.

(b) The City Clerk shall, prior to every election, publish notice of the lastday permitted for filing nominating petitions and of the number of persons tobe nominated or elected to each office at least one week and not more thanthree weeks before the last day on which petitions can be filed.

(c) Every candidate for elective office shall file with the candidate'snominating petition an affidavit that the candidate possesses thequalifications for the office. Failure to file such affidavit shall invalidate thepetition.

(6) Within five (5) days after the filing of a nominating petition for the election. CityClerk shall notify the candidate and the person who filed the petition whether or notit satisfies the requirements prescribed by this charter. If a petition is foundinsufficient, the election City Clerk shall return it immediately to the person whofiled it with a statement certifying wherein it is found insufficient. Within theregular time for filing petitions such a petition may be amended and filed again as anew petition or a different petition may be filed for the same candidate. The CityClerk shall keep on file all petitions found sufficient, such as is required by law, atleast until the first day of January following the primary election for which thecandidates are nominated in the petitions. All nominating petitions filed shall be

open to public inspection in the office of the city clerk.

2.108 Primary Election(a) Nominations for each elective office shall be determined at a City primaryelection.

(b) However, when not more than two (2) or four (4) in the case of Councilmembers at large, persons file for nomination to an office, there shall be no primaryelection for the office, the City Clerk shall certify such persons as duly nominated forthat office, and the name(s) of the persons who filed shall be placed on the generalelection ballot for the office.

2.109 Nomination and ElectionThe two (2) candidates, or four (4) in the case of candidates for the two (2) councilmember at large offices, for nomination to each office receiving the most votes in theCity primary election for the office are nominated. The nominee for each officereceiving the most votes in the City general election for the office is elected; in thecase of the council member at large office the two nominees receiving the mostvotes in the general election shall be elected. In the event of a tie vote in the number


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of votes in the certified results, the outcome of any tie vote shall be determined bystate law.

2.110 RecallAn elective officer of the City may be recalled by registered electors as provided by

law.

2.111 Effect of RecallNo person, who has been recalled from an office, or who has resigned from officewhile recall proceedings were pending, shall be appointed by the City to any officewithin four (4) years after such recall or resignation.

2.112 Oath of OfficeEvery elected officer and other officers as prescribed by ordinance shall, beforeentering upon the duties, take and subscribe the following oath:

“I do solemnly swear (or affirm) that I will support the Constitution of the UnitedStates and the constitution of this state, and that I will faithfully discharge the dutiesof the office of .......... according to the best of my ability.”

And, shall file that oath, duly certified by the officer before whom it was taken, in theoffice of the City Clerk.


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ARTICLE III – LEGISLATIVE BRANCH

Chapter 1 – City Council

3.101 Local Legislature(1) A City Council of seven (7) members is hereby created. The Council is the

legislative body of the City and possesses such other powers as may be provided bylaw or this Charter.

(2) To be eligible for the office of Member of the City Council, an individual:a) Shall have established a primary residence in the City for one (1) yearimmediately preceding the filing deadline for the office.(b) Shall be a registered elector of the City on the first day of the term inoffice and during the entire period of the term in office.

3.102 District Representation; Term of Office(1) Each district of the City shall be represented by one (1) Council member for

that district. The member from each district shall be nominated and elected by theelectors of the district. The two (2) Council members at-large shall be nominatedand elected by the electors of the entire City. To be eligible for the office of Councilmember for a district, a person must have been a resident of the District in questionfor one (1) year immediately before the filing deadline for the office. To be eligiblefor the office of Council member at-large, a person must have been a resident of theCity for one (1) year immediately before the filing deadline for the office.

(2) Each member of the Council elected under this Charter shall serve for four(4) years and until a successor qualifies. The Council shall be the sole judge of theelection and qualification of its members.

3.103 Beginning of TermThe term of each Council member begins at 8:00 a.m. on the first business day afterJanuary 1st following the election.

3.104 Organizational Meeting(1) The first business of the first meeting in each new term of the Council shallbe its organization. The meeting shall be held in the Council Chambers and shall bepresided over by the City Clerk or a temporary presiding officer until the Presidentand President Pro-Tem of the Council for that term have been selected. ThePresident of the Council shall preside at meetings of the Council. The President Pro-

Tem shall perform the duties of the Council President during the absence ortemporary disability of the Council President.

(2) The procedural and organizational rules, for the Council, shall be establishedby the Council, at that first meeting of the new term, and amended there after asneeded. Those rules must establish who shall preside at meetings of the Council inthe absence of the President and President Pro-Tem. Those rules shall be writtenand accessible to the public.


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3.105 MeetingsThe Council shall meet at such times as prescribed by ordinance or resolution,except that it shall meet regularly not less than twice per month. The Mayor, or two(2) members of the Council may call special meetings of the Council, provided it isrequested in writing and written notice is given to each member, served personally,

electronically or left at the member’s place of residence at least ten (10) hours priorto the meeting time, and otherwise comply with State law. However, subject to theOpen Meetings Act, MCL 15.261 et seq. any special meeting at which all members ofthe Council are present or have given written consent shall be a legal meeting for allpurposes, without such written notice.

3.106 Rules; Journal of ProceedingsThe Council shall determine its own rules and order of business. It shall keep ajournal of its proceedings, in English.

3.107 Quorum

A majority of all Council members serving constitutes a quorum, but a lessernumber may adjourn from day to day and compel the attendance of an absentmember in such manner and under such penalties as prescribed by ordinance.

3.108 Voting(1) Except as otherwise required by this Charter, no action of the Council shall be

effective unless adopted by a majority of Council members present and voting

during that action’s vote.

(2) On all ordinances, and in all other matters on the demand of one or moremembers of the Council or as required by law, a roll call vote shall be taken.

3.109 Council ActionThe Council shall act for the City only by ordinance or resolution.

3.110 Compensation(1) Council membership is a part-time position.

(2) A Compensation Commission shall be created and members appointed by theMayor and approved by the City Council, which shall be consistent with therequirements of MCL 117.5c. Unless otherwise specifically provided for in thisCharter, the duties of the Compensation Commission shall be the review anddetermination of the salary, which may be paid to the Mayor, and City CouncilMembers for services rendered.

The Compensation Commission shall meet in odd number years and make itsrecommendation to the City Council at least 60 days prior to the next City’s generalelection. Approval or rejection of the Compensation Commission’s recommendationshall be in accordance with the Home Rule City Act.


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3.111 Appointment of ClerkThe Council shall appoint a City Clerk for an indefinite period. The Clerk isremovable by vote of five (5) members of the Council.

3.112 Ordinance Procedure

(1) The enacting clause of all ordinances shall read, “The City of Pontiac ordains”,but this clause may be omitted when the ordinances are published in a compilation.

(2) Upon introduction, the Clerk shall distribute a copy to each Council memberand to the Mayor, and shall file a reasonable number of copies in the office of theClerk and such other public places as the Council may designate, and shall publishthe ordinance, or summary thereof, in a manner as provided by this Charter andadditionally as may be determined by Council, together with a notice of the time andplace for consideration by the Council. Thereafter, the Council may amend andadopt the proposed ordinance without further pre-adoption publication.

(3) Other than an emergency ordinance, a proposed ordinance shall beintroduced at a regularly scheduled Council meeting. Except for emergencyordinances, a proposed ordinance shall require two readings by the Council and twoopportunities for public comment at regularly scheduled Council meetings prior tobeing adopted.

(4) The adoption of any ordinance by the Council shall require a majority ofCouncil members serving.

(5) The effective date of an ordinance shall be stated therein. Except for anemergency ordinance, the effective date shall be upon publication or ten (10)business days after the date of adoption, whichever occurs later. No ordinance shall

take effect prior to publication. No ordinance, except an emergency ordinance, shallbe adopted on the same day that it is introduced.

(6) An emergency ordinance, which shall contain a statement of its urgency,must be necessary for the immediate preservation of the public peace, property,health, safety or for the usual daily operation of a department. An emergencyordinance may be adopted on the day it is introduced, publication of a summarythereof before adoption is not required, and an emergency ordinance may be givenimmediate effect upon publication. Adoption of an emergency ordinance requiresan affirmative vote of two-thirds of Council members serving and publication assoon as practical. Publication of emergency ordinances shall be by posting at the

office of the City Clerk and two other public places in the City and by posting on theCity’s website, cable site and/or the internet..

(7) Every ordinance or resolution of the Council, except quasi-judicial acts of theCouncil, appointments by the Council, matters relating to the internal organizationof the Council or of a ceremonial nature, or such action as may be expresslyexempted from veto by other sections of this Charter, shall be presented by the


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Clerk to the Mayor within four (4) business days after adjournment of the meetingat which the ordinance or resolution is adopted.

(8) The Mayor, within seven (7) days of receipt of an ordinance or resolution,may return it to the Clerk with a veto and a written statement explaining the veto.

However, with respect to an emergency ordinance, the Mayor shall notify theCouncil of a veto in any reasonable manner within twenty (24) hours after theMayor’s office receives written notice from the Clerk that the emergency ordinance

has been adopted.

(9) An ordinance or resolution vetoed by the Mayor can be reconsidered by theCouncil within fifteen (15) days after the receipt of the Mayor’s veto. Five Councilmembers may adopt the ordinance or resolution over the Mayor’s veto.

(10) An ordinance shall be published once after its adoption. The Clerk shallcertify on the record of ordinances the date and method of publication which shall

be prima facie evidence that legal publication of an ordinance was made.

(11) The Clerk shall maintain a record of all ordinances. After an ordinance isadopted, it shall be authenticated by the Clerk. The record and the authenticationshall be done within one week after adoption of an ordinance, but failure to sorecord and authenticate an ordinance does not invalidate it or suspend itsoperation.

(12) A repealed ordinance may not be revived, except by re-enactment of thewhole or so much as is intended to be revived. When any section or part of a sectionof an ordinance is amended, the whole section as amended shall be re-enacted.

(13) Prosecution for violation of an ordinance of the City shall be commencedwithin two (2) years after the commission of the offense. This limitation onlyapplies to violations penal in nature, and is not a limitation of the City’s right toforfeit any franchise, grant or license for violation of the terms and conditionthereof.

(14) A violation of an ordinance of the City shall be prosecuted as provided by lawor ordinance.

3.113 Transfer of City Property; Contracts

(1) The City may not sell, lease, exchange, or in any way dispose of any realproperty of the City or any property of the City, except such personal property asmay have been defined by ordinances as minor, without approval, after publicnotice and hearing, by resolution of the Council.

(2) Nor may the City enter into a contract if there is not a sufficientunencumbered appropriation available to discharge fully the City’s obligation

thereunder, without approval by the Council.


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3.114 StaffThe Council may, within appropriations provided in the budget, appoint staff orcontract for services. Staff or persons engaged pursuant to contract shall serve atthe pleasure of the Council.

3.115 Relations with Executive BranchThe Council and each of its members may make inquiries of, or request informationand records from, the Mayor, the appointees or the employees of the executivebranch. However, neither the Council nor any member thereof shall give any orderor direction to any appointee or employee of the executive branch.

3.116 Investigative PowersThe Council may subpoena witnesses, administer oaths, take testimony and requirethe production of evidence in any matter pending before it. To enforce a subpoenaor order for production of evidence or to impose any penalty prescribed for failure

to obey a subpoena or order, the Council shall apply to the appropriate court.

3.117 Council Vacancies(1) A vacancy on the Council shall be filled by appointment of a registeredelector of that District affected or Citywide for the at-large members , by a majorityof Council members remaining. The appointee serves out the unexpired term oruntil a successor is elected. However, the term of a member may not be extended byresignation and subsequent appointment.

(2) If the vacancy occurs in on the Council, more than one (1) year before thenext regular City general election of 2017 and every four (4) years thereafter, the

Council shall order a special primary election and a special general election to fillthe vacancy for the unexpired term, to be conducted in the same manner insofar asis practicable for the nomination, primary and general election as herein provided.

3.118 Effect of AbsencesAbsence from five (5) regular meetings during a calendar year shall operate tovacate the seat of a member, unless the Council excuses the absence by resolution,setting forth the reason for the excuse and entered upon the journal. Absence by aCouncil member, from more than one-half (1/2) of any regularly scheduledmeetings during any twelve (12) month period, regardless whether the absencesare excused or not, shall operate to vacate the seat of that member.

3.119 Control of City PayrollNo compensation or salary shall be paid to appointees, members of boards orcommissions, volunteers or employees of the City, or employees of contractedentities, except as approved by the Council.

3.120 Bonds


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(1) All employees and officers of the City whose duties involve the custody ofpublic property or the handling of public funds, either by way of receipt ordisbursement or both, and all other officers and employees so required by theCouncil shall, before they enter upon the duties of their respective offices, file withthe City an official bond, in such form and amount as the Council shall direct and

approve. The City shall pay the premiums for such bonds.

(2) An appointee or employee, required by law, this Charter, ordinance orresolution to give a bond, shall not enter upon or continue duties of the office oremployment until such bond has been duly filed, and recorded.

(3) All bonds shall be filed with the Clerk, except the bond of the Clerk, whichshall be filed with the Treasurer.

(4) All required bonds shall be surety company bonds, cash or irrevocable lettersof credit.

Chapter 2 - City Clerk

3.201 Functions and Duties of the Clerk(1) The Clerk shall be clerk of the Council and shall attend all meetings of theCouncil and keep a permanent journal of its proceedings in the English language.(2) The Clerk shall provide and publish required public notices and ordinances,in the manner provided by this Charter and as may be required by law.(3) The Clerk shall provide for the registration of electors residing in the City andthe conduct of all elections in the City as required by law.

(4) The Clerk shall maintain a record of all existing and proposed rules,regulations, policies and procedures of the City.(5) The Clerk shall certify by signature all ordinances and resolutions enacted orpassed by the Council and make them available to the public as provided by law.(6) The Clerk shall administer oaths and take affidavits.(7) The Clerk shall provide and maintain in their office a supply of forms for allpetitions to be filed for any purpose by the provisions of this Charter.(8) The Clerk shall ensure reasonably accessible polling locations throughout theCity for the purpose of conducting elections.(9) The Clerk shall ensure safekeeping, retention and public accessibility ofdocuments in accordance with law.

(10) And, the Clerk shall exercise other powers and duties as provided by law, thisCharter, ordinance or resolution.

3.202 Chief Assistant ClerkThe Clerk may, with approval of Council, appoint a chief assistant who serves at thepleasure of the Clerk and shall perform the duties of the office in the absence ordisability of the Clerk and perform other duties as may be assigned by the Clerk.


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ARTICLE IV – EXECUTIVE BRANCH

Chapter 1 – Mayor

4.101 The Mayor(1) The Mayor is the chief executive of the City and as provided by this Charter,

has charge of and is accountable for the executive branch of the City government.The Mayor shall serve a four (4) year term, commencing at 8:00 a.m., on the firstbusiness day after January 1st following the election.

(2) To be eligible for the office of Mayor, an individual:a) Shall have established a primary residence in the City for one (1) yearimmediately preceding the filing deadline for the office.(b) Shall be a registered elector of the City on the first day of the term inoffice and during the entire period of the term in office.

4.102 Duties of the Mayor

The Mayor possesses all powers and duties inherent in being the Chief ExecutiveOfficer of the executive branch, including:

(1) Ensuring that laws, this Charter and ordinances are faithfully executed andenforced;(2) Presenting the proposed annual balanced budget as provided by ordinance,this Charter and law;(3) Presenting an annual State of the City address in conjunction with submittingthe proposed budget;(4) Supervising expenditures of all sums appropriated to and the attainment ofall objectives established for departments of the executive branch.

(5) Ensuring that timely monthly regular financial reports of revenues andexpenditures shall be provided to the legislative branch and quarterly financialstatements provided by independent auditors of the City to the legislative branch asrequired by ordinance and this Charter.

4.103 Deputy Mayor(1) The Mayor shall appoint, with the approval of the Council, a Deputy Mayorwho serves at the pleasure of the Mayor, assists the Mayor and performs the dutiesof the office during the absence or temporary disability of the Mayor.

(2) A person serving in the position of Deputy Mayor shall have a combination of

educational achievement, professional and life experiences and moral competenceto serve as the Chief Operating Officer of the City.

4.104 Council Attendance(1) The Mayor or the Deputy Mayor shall attend all meetings of the Council andrespond to questions from Council members and citizens, make reports and presentproposals.


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Charter or ordinance, an individual shall be a resident of the City to be eligible forappointment.

4.110 Succession to Office (1) If the vacancy occurs in the office of Mayor, more than one (1) year before

the next regular City general election of 2017 and every four years thereafter, theCouncil shall order a special primary election and a special general election to fillthe vacancy for the unexpired term, to be conducted in the same manner insofar asis practicable for the nomination, primary and general election as herein provided.

(2) To fill the vacancy until special or general election for the office of Mayor:a. If a vacancy occurs in the office of Mayor, the Council President shall

succeed to the office until a new Mayor is elected.

b. If the vacancy occurs in the office of Mayor and the Council Presidentdeclines or is unable to succeed to that office, the President Pro-Tem shall

succeed to the office of the Mayor until a new Mayor is elected.

c. If neither the President nor the President Pro Tem is able or agrees toserve, then the Council member with the longest continuing service shallsucceed to the office of Mayor until a new Mayor is elected.

d. If that longest serving Council member is unable or declines to serve, thenthe next longest serving Council member shall succeed to the office ofMayor until a new Mayor is elected.

e. And, the succession to the office of Mayor shall be in like manner, by the

balance of the Council members, in order beginning with the longestcontinuing serving Council member.

f. If neither the President nor President Pro-Tem, or any other councilmember is able or willing to succeed to the office of Mayor, then theCouncil shall appoint an elector of the City to succeed to the office ofMayor until a new Mayor is elected.

(3) If the vacancy occurs in the office of Mayor the first order of business of thefirst City Council meeting after the succeeding Mayor has been sworn in, shall be tofill any Council vacancy created.

4.111 Removal From Office, Vacancies, Forfeiture Of Office(1) The office of Council Member, Mayor, member of a board, committee orcommission shall become vacant upon the individual’s death, resignation, orremoval from office or forfeiture of office in any manner authorized by law orprovided in this Charter.

(2) Subject to subsection (3) of this section, removal by the Council of a Council


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Member, Mayor, member of a board, committee or commission shall be made foreither of the following reasons:

(a) For any reasons specified by statue for removal of City officers by thegovernor.

(b) For any act declared by this Charter to constitute misconduct in office,including:

(i) Fails to meet the residency requirements, or(ii) Violates any express prohibition of this charter, or(iii) Is convicted of a crime involving moral turpitude or felony, or(iv) Fails to attend meetings of the Council as required by theCharter.

(3) The City Council shall be the judge of the qualification of its members, and ofthe grounds for forfeiture of their office. In order to exercise these powers, theCouncil shall have power to subpoena witnesses, administer oaths and require the

production of evidence. A Council Member, Mayor, member of a board, committeeor commission, charged with conduct constituting grounds for forfeiture of officeshall be entitled to a public hearing on demand, and notice of such hearing shall bepublished one (1) week in advance of the hearing.

Chapter 2 - City’s Attorney

4.201 City’s Attorney(1) The City shall maintain a City Attorney, who shall be an attorney licensed topractice in Michigan and versed in municipal law. The City’s Attorney shall serve in

the executive branch of City government.

(2) The City Attorney shall be appointed by the Mayor and confirmed by theCouncil.

4.202 Duties of City’s AttorneyThe City’s Attorney shall insure:

(1) Supervising the conduct of all the legal business of the City and itsdepartments;

(2) Drafting all ordinance proposals and approving them as to form;

(3) Preparing and approving such leases, deeds, contracts or other papers asmay be required by the Mayor, Council or any department;

(4) Furnishing written legal opinions when requested by the Mayor, the Councilor any department;


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(5) Instituting and conducting, on behalf of the People, all cases arising from theprovisions of this Charter or ordinances and, when authorized by law, cases underthe State law;

(6) Defending all actions or proceedings against the City;

(7) Prosecuting all civil actions to which the City is a party or in which the Cityhas an interest, when directed to do so by the Mayor; notice of any such action shallimmediately be given to the City Council;

(8) Representing any elective officer or appointee of the City in any action orproceeding involving any action or proceeding involving the performance of their official duties;

(9) Advising the Mayor, Council, and other City officials of the current laws andCity obligation to comply therewith;

(10) Performing other duties assigned by resolution of the Council; and

(11) Attending all meetings of the Council as requested by Mayor or Council.

4.203 SettlementsNo civil litigations of the City may be settled without the consent of the Council.

4.204 Option of City CouncilNotwithstanding the above, the Council may engage independent legal counsel on atemporary basis where the Council is seeking enforcement of a Council subpoena or

order, suing or being sued by any City agency or officer, or defending against anyaction or proceedings involving the Council’s official duties. Further, the Councilmay obtain the opinion or advice of independent legal counsel in any matterpending before it.

Chapter 3 - Finance Department

4.301 Finance DepartmentA Finance Department is created in the executive branch of City government. TheFinance Director shall have direct supervision over the finance department and the

administration of the financial affairs of the City, including the keeping of accountsand financial records, the collection of taxes, special assessments and other revenue,the communication of financial records to the Mayor and Council and such otherduties as may be prescribed by ordinance.

4.302 TreasurerThe Finance Director, with the consent of the Mayor, shall appoint a City Treasurerwithin budgeted appropriations, who shall serve at the pleasure of the Finance


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(1) The City shall provide for the safety of its residents.

(2) A Police Department may be created in the executive branch of Citygovernment. If a Police Department is created, the Chief of Police shall be the headof the department.

(3) The City may contract for police services with appropriate law enforcementagencies, as provided by law.

4.402 Powers and DutiesThe Chief of Police and police officers of the department or contracted agencypossess powers conferred by law.

4.403 Powers and Duties of Police ChiefThe Chief of Police or contracted agency head is responsible for the public peace andorder and the enforcement of the criminal laws of Michigan and ordinances of the

City. Other departments of the City may be given concurrent enforcementjurisdiction for ordinances, which cover technical fields of municipal operations.The Chief of Police or contracted agency head shall define the duties of lawenforcement officers and prescribe rules relative to the performance thereof.

4.404 Citizens Review Board A complaint by a citizen against a member of the Police Department (or contractedagency) shall be made to the Chief of Police (or contracted agency head). However, ifthe citizen is dissatisfied with the disposition of the complaint made by the Chief ofPolice or Agency Head, or if no disposition is made within ten (10) days, the citizenmay make a complaint to the Citizen Review Board, which shall be established by

ordinance and in accordance with collective bargaining agreements.

Chapter 5 - Fire Protection Services

4.501 Fire Department (Fire Protection Services) (1) The City shall provide for fire protection services for its residents.

(2) A Fire Department may be created in the executive branch of Citygovernment. If a Fire Department is created, the Fire Chief shall be the head of thedepartment and serves under the supervision of the Mayor.

(3) The City may contract for fire protection services with appropriate fireprotection service agencies, as provided by law.

4.502 Retention of Fire Department Civil ServiceThe civil service system for firefighters created by approval of the electors ofPontiac pursuant to 1935 PA 78, shall continue after the effective date of thisCharter.


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4.503 Emergency PowerThe Fire Chief or Agency Head of the contracted agency in charge at all fire incidentsmay cause any building to be razed or destroyed, when necessary, in order to arrestthe progress of a fire or ensure the public safety. This shall be done with

concurrence by the City building official and notification of the Mayor and CityCouncil President.

4.504 Powers of Fire ChiefThe Fire Chief or contracted agency head possesses all powers conferred by law, thisCharter or ordinance, and the Fire Chief or contracted agency head shall assignfirefighters to fire-based services in accordance with their qualifications on a dailybasis.

Chapter 6 - Remainder of the Executive Branch

4.601 Other Departments, Boards and CommissionsOther departments, boards and commissions, not created by this Charter, forperformance of executive and administrative functions may be created in theexecutive branch by ordinance, consistent with this Charter.

4.602 Assignment of Administrative FunctionsResponsibility for performance of all executive or administrative functions shall beassigned by ordinance to departments of the executive branch.

4.603 Initial Continuation of Departments, Boards and Commissions

All departments, boards and commissions existing under the old Charter or byordinance performing executive or administrative functions shall continue to exist,unless reorganized, consolidated, or abolished by ordinance. Provisions for suchdepartments are hereby modified, if necessary, to comply with this Charter.


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ARTICLE V - FINANCIAL PROCEDURES

Chapter 1 - Budget

5.101 Fiscal YearThe fiscal year of the City shall commence on the first day of July in each year and

end on June 30th

of the following year.

5.102 Mayoral Budget and Appropriation Ordinance At least ninety (90) days before the end of each fiscal year, the Mayor shall prepareand submit to the Council a proposed annual budget and proposed annualappropriation resolution for the next fiscal year. To assist the Mayor in preparingsuch budget and resolution, the departments of City government shall furnish theMayor with detailed estimates of expenses, according to a classification, which isnearly uniform as possible. Proceedings on the proposed budget and theappropriation ordinance and the adoption thereof shall be as provided by law.

5.103 VetoThe veto power of the Mayor, set forth in Section 3.112 of this Charter, shall, to themaximum extent permitted by law, apply to the budget and the appropriationordinance on an item-by-item basis.

5.104 Balanced BudgetThe total amount of appropriations shall not exceed the estimated revenues of theCity. No liabilities shall be incurred by any elective officer, appointee or employee ofthe City, except in accordance with the provisions of the appropriation ordinance, orunder continuing contracts and loan authorized under this Charter.

5.105 Budget AdoptionAn annual budget and appropriation ordinance shall be adopted at least forty-five(45) days before each new fiscal year.

5.106 Transfers and Supplemental Appropriations After adoption of the annual budget and appropriations ordinance, and upon at least(1) one week’s notice by means established by ordinance to achieve widespreaddissemination to the public, the Council, by a resolution of five (5) members, mayamend such ordinance to authorize the transfer of an unused balance appropriatedfor one purpose to another purpose, or to appropriate available revenues notpreviously appropriated.

Chapter 2 - Taxation and Special Assessments

5.201 Property Tax LevyThe City shall determine such portion of revenues as may be necessary fromproperty taxes to meet: (a) the appropriations made, (b) all sums required by law tobe raised on account of City debt, and (c) such additional sum not exceeding five (5)


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5.301 AccountingAccounts shall be kept by the Finance Department or contracted agency showing allassets and liabilities of the City and the financial transactions for all departments ofthe City. The accounts and the forms therefor shall conform to any uniform systemrequired by law or ordinance. Financial reports shall be prepared for each month,

each quarter and each fiscal year. Those financial reports shall be, timely, providedto the Mayor and the Council.

5.302 Payments(1) Payments by the City shall be made only in accordance with proceduresprescribed by ordinance.

(2) Each draft, check, order or warrant shall specify the fund from which it ispayable. The Finance Director or contracted agency head shall examine all payrolls,bills and other claims and demands against the City, except claims for un-liquidateddamages, and shall make no payment unless the Finance Director finds that: (a) the

claim is in proper form, correctly computed and duly certified, and justly and legallydue and payable; (b) an appropriation has been made therefor which has not beenexhausted or that the payment has been otherwise legally authorized; and (c) thereis money in the City treasury to make payment. The Finance Director mayinvestigate any claim, and for such purposes, may examine witnesses under oath. Ifthe Finance Director finds such bill, claim or demand is fraudulent, erroneous orotherwise invalid, the Finance Director shall not pay without authorization byresolution of the Council.

(3) All payments shall have two (2) authorized signatures to be valid.

5.303 Cash ManagementAll taxes, special assessments, license fees, or other sums accruing to the City shallbe collected by the Treasurer. All money belonging to the City received by anyelective officer, appointee, employee or contracted agency employee of the City shallbe given promptly to the Treasurer and deposited with such responsible bankinginstitution as have been designated by the Council and furnishing such security asthe Council may determine. All interest shall accrue to the benefit of the City. TheCity shall provide by ordinance for the prompt and regular daily deposit of all Citymonies as required by this section. All fees received by any elective officer,appointee, employee or contracted agency employee shall belong to the City.

5.304 Establishing FundsThe revenues received for general taxation upon all property in the City, fromborrowing to be repaid by such taxation, or from other sources shall be divided intosuch funds as the City may determine by ordinance or resolution.

5.305 Annual Independent AuditAn independent annual audit shall be completed within one hundred eighty (180)days after the end of the fiscal year. The audit of the City accounts of all elective


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officers, appointees, departments and contracted agencies of City government shallbe conducted by public accountants, who have no personal interest, direct orindirect, in the financial affairs of the City or any of its departments, contractedagencies, elective officers, appointees or employees. In addition to the annual audit,the Council or the Mayor may, at any time, provide for such examination or audit of

the City accounts of any department, contracted agency, elective officer, appointeeor employee of City government as the Council or Mayor may determine.

Chapter 4 - Assessment of Taxes

5.401 Assessment of Property; Subject of TaxationThe City Assessor shall annually place a value, in accordance with state law, upon allproperty in the city, both real and personal, which is subject to taxation. Suchvaluation of property shall be in accordance with established assessment rules,techniques, and procedures. The Council shall provide for the maintenance of the

records and facilities of the office of the City Assessor.

5.402 Board of ReviewThe Board of Review consists of three (3) electors of the City, to be appointedannually by the Council before the date of the first meeting prescribed by law. Two(2) alternate Board of Review members shall also be appointed annually by theCouncil. No City elective officer, candidate for elective officer, employee orcontracted agency staff shall be eligible for Board of Review membership. Except asotherwise provided by this Charter, the Board of Review possesses all powers andduties provided by law. A majority of the board shall constitute a quorum for thetransaction of business, but a lesser number may adjourn from day to day. The

Board of Review shall review and equalize the assessment roll of the City. On itsown motion, or on cause shown, it may reduce or increase the valuation of anyproperty found on the roll, and shall add thereto any taxable property in the Cityomitted therefrom. The City’s assessor, or their designee, shall attend all meetings ofthe Board of Review.

5.403 Correction of ErrorsThe Board of Review shall examine the assessment roll, and correct any errors ordeficiencies found therein.

5.404 Meetings of Board Review

(1) Notice of the time and place of meetings of the Board of Review shall be givenby the City’s assessor as prescribed by law. The Board of Review shall select one (1)member as chairperson, and continue in session at least six (6) hours per day forfour (4) days successively, and long as may be necessary to complete the review.Any person may examine his or her assessment on such roll, and may show causewhy the valuation should be changed. The board shall decide each case and, exceptas provided by law, its decision is final.


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(2) The board may examine, on oath, any person concerning an assessment. Thechairperson or any member of the board may administer oaths. It shall keep arecord of its proceedings, and all changes made in the roll shall be entered upon therecord. The record shall be deposited with the City’s assessor. All questions beforethe board shall be decided by a majority of the board. After the Board of Review has

completed the revision of the roll, the Clerk shall certify that it is the generalassessment roll of the City for the year, as approved by the Board of Review.

5.405 Board’s Completion of Roll Upon the completion of the roll and its certification, it shall be returned to the City’sassessor and shall, except as otherwise provided by law, be conclusively presumedto be valid. The omission of the certification shall not affect the validity of the roll.

5.406 EqualizationThe City’s assessor shall present the original assessment roll to the Board ofCommissioners of Oakland County as provided by ordinance and law. After

equalization by the Board of Commissioners, such roll shall be the assessment roll ofthe City for all assessment purposes whatsoever except for the taxes levied in July asprovided in Section 5.407.

5.407 City Property TaxesCity property taxes as levied by the Council shall be spread upon the assessment rollby the City’s assessor. The City’s assessor shall then deliver to the City’s t reasurer acertified copy of the assessment roll.

5.408 Due DateCity property taxes for each fiscal year are due and payable each July 1, and may be

paid at any time during July and August without any collection fee, or additionalcharge. An additional charge to be specified by ordinance shall be added to allunpaid general City taxes on the first business day in September and on the first dayof each succeeding month during which taxes remain unpaid, together with accruedpenalties or charges.

5.409 PublicationThe City Treasurer shall give notice by means established by ordinance to achievewidespread dissemination to the public for six (6) business days immediatelypreceding July 1 that: (a) City property taxes may be paid at any time throughAugust 31 without any collection fee thereof, and (b) an additional charge (and the

amount thereof) will be made on September 1 and on the first day of eachsucceeding month during which taxes remain unpaid. Failure to give this noticeshall not invalidate the tax, nor release the persons or property assessed from thepenalty.

5.410 LiensCity property taxes so levied constitute a lien upon the property and a chargeagainst the persons owning the property, as provided by law.


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5.411 State, School and County TaxesFor the purpose of assessing and collecting taxes for state, school and countypurposes, the city shall have the powers enumerated by the General Property TaxAct, and all provisions of state law relative to the collection of, and accounting for,such taxes and the penalties and interest thereon shall apply. For the purpose of

collecting state, county, and school taxes, the City Treasurer shall perform the sameduties and have the same powers as enumerated by the General Property Tax Act.

5.412 Receipt of Roll by TreasurerWithin thirty (30) days after November 1, the City’s assessor shall deliver a certifiedcopy of the assessment roll to the City Treasurer.

5.413 Notice of Taxes DueUpon receiving the assessment roll, the City Treasurer shall give notice by meansestablished by ordinance to achieve widespread dissemination to the taxpayers ofthe City for six (6) business days immediately preceding December 14 that: (a) such

school, county, and other property taxes levies may be paid at any time throughFebruary 14 without any collection fee therefor, and (b) an additional charge (andthe amount thereof) will be made on February 15 and on the first day of eachsucceeding month during which taxes remain unpaid. Failure to give this noticeshall not invalidate the tax, nor release the persons or property assessed from thepenalty.

5.414 Collection of TaxesFor the collection of all unpaid taxes after the first business day in September andFebruary 14, the Treasurer possesses the same power and authority as conferred bylaw upon other local government treasurers. The Treasurer shall pursue reasonable

legal remedies for the collection of unpaid taxes before the return thereof.

5.415 Applicable Law (1) General Law shall govern the assessing, levying, collection and return oftaxes except as otherwise provided by this Charter.

(2) The assessment, levy, collection and return of taxes shall be governedconsistent with this Charter and law.

5.416 Part PaymentFor each parcel in the City, partial payment of property taxes shall be governed by

State law.

5.417 Fees and PenaltiesThe fees and penalties provided by this Charter or law for collection of taxes shallbelong to the City and shall be deposited by the Treasurer into the City Treasury.

5.419 Records of Ownership


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The City’s assessor shall maintain a current record of the changes of ownership ofreal property in the City as shown by the Records of the Oakland County Register ofDeeds.

Chapter 5 - Bonds

5.501 Borrowing AuthorityThe City may borrow money and issue bonds on the full faith and credit andrevenues of the City subject to the limitations established by law.

5.502 Purpose of BondsBonds may be issued for any municipal improvement necessary to advance thepeace, health, safety and welfare of the City or its inhabitants or for any otherpurpose not prohibited by Ordinance, this Charter or law. Except as otherwiseprovided by law, no bonds shall be issued to defray any general operating or

administrative costs and expenses of the City.

5.503 Bond IssuanceBonds of the City shall not be issued without approval of a majority of registeredelectors voting on the question except as otherwise provided by law.

5.504 Providing for Principal and InterestAll bonds and interest shall be payable as provided by ordinance, this Charter andlaw.

5.505 Special Assessment Borrowing

The City may raise money by borrowing in anticipation of the payments fromspecial assessments for the purpose of defraying costs of the improvement forwhich the assessment was levied. Such borrowing shall not exceed the assessmentsmade to complete the whole work, nor shall such borrowing be made until after thespecial assessment roll has been confirmed. The City may pledge, to the extentprovided by law, the full faith and credit of the City for the payment of suchborrowing.

Chapter 6 - Special Assessments

5.601 Power GrantedThe City may provide for the payment of all or any part of the cost of construction,reconstruction, repair, operating or maintenance of any public structure orimprovement, by levying and collecting special assessments upon property speciallybenefitted.

5.602 Petition by Owners


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If the owners of the majority of the frontage of lands liable to be assessed in anyspecial assessment district or part of the City, which may be constituted a specialassessment district, petition the Council for any public improvement, the City mayorder such improvement to be made. In other cases public improvements may bemade at the discretion of the Council by resolution.

5.603 Council Resolution for Special AssessmentWhen the Council determines to make any public improvement or repairs anddefrays the whole or part of the cost and expenses thereof, by special assessment, itshall so declare by resolution. The resolution shall state the nature of theimprovement, the portion of the expenses which shall be paid by specialassessment, and the portion, if any, which shall be paid from the City’s general fund

and shall designate the lands and premises included in the district upon which thespecial assessment is levied.

5.604 Procedure by Ordinance

The complete special assessment procedure to be used, including the preparing ofplans and specifications; estimated costs; the preparation, hearing and correction ofthe special assessment roll; the filing by interested persons of objections to thespecial assessment roll as confirmed and the hearing and decision upon suchobjections; the collection of special assessments; the assessment of single lots orparcels; and any other matters concerning the making of improvements by thespecial assessment method, shall be provided by ordinance. The ordinance shallauthorize additional assessments, if the prior assessment proves insufficient to payfor the improvement or is determined to be invalid in whole or in part. Theordinance shall also provide for the refund of excess assessments. However, if theexcess is less than three (3) percent of the total cost as defined by ordinance, it may

be placed in the City’s general fund.

5.605 LiensFrom the date of confirmation of any roll levying any special assessment, the fullamount of the assessment and all interest thereon shall constitute a lien on theproperty and a debt of the person owning the property until paid and in case ofdelinquency, may be collected as delinquent City property taxes.


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ARTICLE VI - OTHER PROVISIONS

Chapter 1 - Personnel Matters

6.101 Equal Opportunity Employer City government shall provide equal opportunity in employment for all persons,

prohibit unlawful discrimination in employment for reasons including but notlimited to race, color, religion, sex, age, national origin, handicap, marital status,height or weight.

6.102 Employee Serving in ManagementRules shall be established by ordinance or resolution which permits any personholding employment covered by a bargaining unit or a civil service classificationplan, who is selected for an appointment to a non-elective office or position in theCity, to take a leave of absence from such covered employment for the period of theappointment.

6.103 ResidencyResidency requirements may be imposed as provided by law.

6.104 Local Officers Compensation CommissionNotwithstanding any other provision of this Charter, the compensation of electiveofficers may be revised pursuant to law by the Local Officers CompensationCommission.

6.105 Filling of VacanciesIf a vacancy occurs in any appointive position, it shall be filled by appointment (forthe unexpired term, if any) in the manner provided for the original appointment.

6.106 Conflict of Interest(a) Except as otherwise required by law:

(1) An elective officer, appointee, or employee who has a conflict betweenpersonal interest and the public interest as defined by law, this Charter, orordinance shall disclose fully to the City’s Attorney the nature of the conflict.Except as provided by law or ordinance, no elective officer, appointee, oremployee of the City may participate in or act upon or vote upon any matterif a conflict exists.

(2) Any elective officer, appointee, or employee who has a financialinterest, direct or indirect or by reason of ownership of a substantial amountof stock in any corporation, in any contract with the City or in the sale of anyland, materials, supplies or services to the City or to a contractor supplyingthe City, shall make known that interest and shall refrain from voting upon orotherwise participating as an elective officer, appointee, or employee in themaking or performance of the contract or sale.


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(3) Violation of this subsection with the knowledge, express or implied, ofthe person or corporation contracting with or making a sale to the City shallrender the contract or sale voidable by the Mayor or the Council.

(b) An elective City officer or an appointee who is an immediate family memberof an applicant for employment by the City, shall immediately be disqualified from,and shall not participate in any way in, the hiring process for that applicant.

(c) If it is established upon complaint made by any City resident that, in thehiring of any person, this provision was violated, the employment of such personshall be a nullity, and such violation shall be cause for a removal or dismissal of theCity officer or appointee involved. Further, a City officer or appointee violating thisprovision is subject to a fine and imprisonment to the maximum extent permittedunder law.

(d) No elective officer shall hold any appointive position, which was created or

the compensation for which was fixed or increased during his or her incumbency,until one year after such person’s leaving office.

6.107 Retirement Plans(1) The retirement plans are not changed by this Charter.

(2) The City shall strictly comply with the provisions of Public EmployeeRetirement System Investment Act (Act 314 of 1965 as amended) and the 1963Michigan Constitution (Article 9, Section24); specifically the requirement forfunding the retirement systems annually.

(3) For individuals hired after the effective date of this Charter, in addition to theother provisions of law that may apply, if the City provides retirement or retirementhealth benefits, the benefits shall be in the nature of a “defined contribution” benefit,to be paid from the current budget and not a future encumbrance on the City.

6.109 Removal for CauseAny appointee, who is not an at-will appointee, is subject to removal for cause andmay be removed by the appointing authority for lack of qualifications,incompetency, neglect of duties, misconduct, conviction of a felony, or a violation ofthis Charter or any job-related ordinance, rule or regulation. An appointee, notgoverned by a collective bargaining agreement or by Civil Service, may not be

removed under this subsection without an opportunity for a public hearing beforethe appointing authority. A copy of the charges shall be furnished at least ten (10)days in advance of the hearing.

Chapter 2 - Specific Powers and Miscellaneous Provisions

6.201 Enabling Legislation


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The City shall enact any ordinance authorized by law or necessary to carry out theprovisions of any section of this Charter.

6.202 Rents, Tolls, Excises and TaxesThe City shall provide for the laying and collecting of rents, tolls, excises and taxes in

accordance with the law.

6.203 Eminent DomainThe City has the power of eminent domain and, to the extent permitted by the law,may condemn property located within or outside of the City for any public purpose.

6.204 PenaltiesThe City shall, by ordinance, provide punishment, to the extent permitted by law, forthe violation of any provision of this Charter or any ordinance.

6.205 Subsequent Grade Changes

Expenses for improvements related to changes in the grades of streets, alleys, publichighways, pavements, sidewalks, bridges or curbs may be financed by specialassessments, or charged to and paid by the City.

Chapter 3 - Rule Making

6.301 Administrative Rules(1) Except for rules otherwise adopted pursuant to law, before adopting any rulegoverning dealings between the City and the public, or establishing hearingprocedures for resolving matters in dispute, a City department or agency shall give

notice of a deadline for comment by publication.

(2) No rule shall become effective until it has been published by the City Clerk bymeans established by ordinance to achieve widespread dissemination to the public.All effective rules shall be printed in a book of City rules.

6.302 Emergency Rules

An emergency rule, which shall contain a statement of its urgency, must benecessary for the immediate preservation of the public peace, property, health,safety or for the usual daily operation of a department. An emergency rule shall

have immediate effect upon publication by posting at the office of the City Clerk andtwo other public places in the City and by posting on the City’s website, cable siteand/or the internet.

Chapter 4 - Initiative and Referendum

6.401 Initiative and Referendum Petitions - General


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Except as otherwise provided by law, an ordinance may be initiated by petition, or areferendum on an enacted ordinance may be made by petition, as hereinafterprovided.

6.402 Petitions for Initiatives and Referendums

(1) An initiative or referendum petition shall be signed by not less than tenpercent (10%) of the registered electors of the city, as of the date of the last regularcity election, and all signatures on said petitions shall be obtained within forty-five(45) days before the date of filing the petition with the City Clerk.

(2) Any such petition shall be presented on the forms as prescribed by theSecretary of State and signed and circulated by registered electors.

(3) An initiative petition shall set forth in full the ordinance it proposes toinitiate, and no petition shall propose to initiate more than one (1) ordinance.

(4) A referendum petition shall identify the ordinance, or part thereof, itproposes to have repealed.

(5) Such petitions shall be filed with the City Clerk who shall verify thesignatures within fifteen (15) days.

(6) If the petition does not contain a sufficient number of signatures ofregistered electors of the city, the City Clerk shall immediately notify the personfiling the petition. Filing of supplemental petition papers shall be allowed withinfifteen (15) days of such notification.

(7) When a petition with sufficient signatures is filed within the time allowed bythis section, the City Clerk shall present the petition to the Council at its nextmeeting.

6.403 Petitions – Council Procedures, Submission to ElectorsUpon receiving an initiative or referendum petition from the City Clerk the Councilshall, within thirty (30) days, unless otherwise provided by law, either,

(a) Adopt the ordinance as submitted by initiative petition;(b) Repeal the ordinance, or part thereof, referred to by a referendumpetition; or(c) Determine to submit the proposal provided for in the petition to the

electors.

(1) Should the Council decide to submit the proposal to the electors, it shall besubmitted at the next election held in the city for any other purpose, or, at thediscretion of the Council, at a special election called for that specific purpose.

(2) In the case of an initiative petition, if no election is to be held in the city for anyother purpose within one hundred and fifty (150) days from the time the petition is


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presented to the Council, and the Council does not adopt the ordinance, then theCouncil shall call for a special election as soon thereafter as an election may bepermitted by law.

(3) The result shall be determined by a majority vote of the electors voting thereon,

except in cases where otherwise required by law.

6.404 NonapplicabilityThese initiative and referendum provisions do not apply to:(1) An ordinance required, or exempted from initiative and referendum, by lawor this Charter;

(2) An emergency ordinance; however, grant of a franchise may not be deemedan emergency ordinance.

6.405 Powers of CouncilThe Council may, of its own motion, submit to electoral vote for adoption orrejection at an election in the City a proposed ordinance or a proposition for therepeal or amendment of an ordinance.

6.406 Conflicting ProvisionsIf the provisions of two (2) or more ordinances approved at the same election areinconsistent, then the ordinance provision receiving the highest affirmative votesshall prevail.

6.407 PublicationWhenever an ordinance is required to be submitted to an electoral vote, the Councilshall have the ordinance published by the City Clerk by means established byordinance or resolution to achieve widespread dissemination to the public for two(2) successive weeks immediately preceding the election.

6.408 State Law to ApplyThe form of petition and the conduct of the electoral vote for initiative and ;.-measures shall, as near as may be, be the same as that provided by law for exerciseof initiative and referendum by State electors.

6.409 Effect of VoteAn ordinance approved by electoral vote shall not thereafter be repealed or

amended by the City Council for eighteen (18) months, except by electoral vote.

Chapter 5 - Franchises, Licenses and Permits; Municipal Utilities

6.501 Occupancy or Use by Private ConcernA person or firm may be granted permission to occupy or use a street, alley or publicplace within the City for public utility purposed only under a City franchise, license


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or permit. As used in this chapter, “franchise”, “license” and “permit” refer only to

grants of permission for such public utility occupancy or use.

6.502 Limitations on Grant(1) No franchise shall be granted by the City for a longer period than thirty (30)

years.

(2) No license shall be granted by the Council for a longer period than one (1)year.

6.503 Revocable PermitsThe City also may by resolution grant a permit at any time, in or upon any street,alley, or public place but such permit shall be revocable by the City at its pleasure atany time.

6.504 Manner of Grant

Every franchise or modification thereof shall be granted by ordinance. A license orany modification thereof may be granted by resolution. Any such ordinance orresolution shall not be become effective until all terms and conditions thereof havebeen accepted in writing by the grantee. Such acceptance shall be filed with theClerk. Any non-compliance with this section shall automatically cancel suchfranchise or license granted.

6.505 Electoral ApprovalNo franchise which is not revocable at the will of the Council shall be granted orbecome operative until it has been referred to electoral vote and has received theapproval of a three-fifth (3/5) of the registered electors voting thereon.

6.506 Expenses of Certain Special ElectionsNo franchise, license or permit shall be submitted to the electors at an otherwisespecial election, unless the expense of holding the election, as determined by theCouncil shall first be paid by the grantee to the Treasurer.

6.507 Exclusivity ProhibitedNo person or firm shall ever be granted any exclusive franchise, license or permit.

6.508 Restrictions on TransferNo franchise, granted by the City, shall ever be leased, assigned or otherwise

transferred except in accordance with the express provisions of the franchise. Allfranchises granted by the City shall provide how, and in what manner, and underwhat conditions the franchise may be leased, assigned, or transferred. No dealing bythe City, nor part performance by the lessee, assignee or transferee shall be deemedto operate as consent by the City.

6.509 Restriction on Modifications


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No modification of any franchise or license shall be made, except in the manner andsubject to all conditions provided by this Charter for an original grant of a franchiseor license.

6.510 Subordinate to Police Power

The grant of every franchise, license or permit shall be subject to the police power ofthe City, whether in terms reserved or not, to make all regulations which may benecessary to provide for the public health, safety and welfare of the people of theCity.

6.511 Co-OccupancyThe City may, by resolution, require any person or firm holding a franchise from theCity to allow the use of its tracks, poles, wires, facilities and structures, by any otherperson or firm to which the City shall grant a franchise, subject to reasonableregulations and upon the payment of a reasonable rental therefor.

6.512 Compensation to CityNo franchise, license or permit to use the streets, alleys or public places of the Cityshall be granted by the City without fair compensation to the City therefor. No suchcompensation by the grantee shall ever be in lieu of any other lawful taxation uponits property, income or activities. Where the franchise, license or permit fixes therate to be charged for the service or the commodity furnished by the grantee, suchrate shall be subject to review and change in such manner and form as provided inthe franchise, license or permit.

6.513 Restrictions on Transfer of Municipality Owned UtilitiesThe City may make a contract to purchase, operate and maintain any public utility

property for supplying heat, light, power or transportation to the City and itsinhabitants. No such contract shall bind the City unless a proposition thereforreceives the affirmative vote of three-fifth (3/5) of the electors voting thereon at aregular or special election.

Chapter 6 - Separately Incorporated Bodies

6.601 Authorities or Other Agencies Separately IncorporatedAny authority or other agency that is separately incorporated by the City or by theCity and other governmental bodies shall furnish to the City comprehensive

accountings of its receipts and disbursements and all other financial statementsconcerning its assets and operations, in such detail, on such reporting forms, and atsuch intervals as the Council may require.

6.602 Conflicts ProhibitedNo person shall serve on the governing body of any authority or agency referred toin Section 6.601 when a conflict of interest as defined in Section 6.107 of thisCharter exists.


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ARTICLE VII - ETHICAL STANDARDS

7.101 Ethical Standards of Conduct(1) These standards of conduct apply to public servants including the Mayor,City Council members, appointive officers, appointees, employees and contracted

entities and their employees working on behalf of the City, as defined in this Charter.The purpose of applying and enforcing these standards is to ensure thatgovernmental decisions are made in the public’s best interest by prohibiting Cityofficials and employees from participating in matters that impact their personal orfinancial interests.

(2) All City ordinances not inconsistent with these sections and that effectuate itsoperation may be retained. Ordinances may be enacted which are necessary toeffectuate the operation of these sections. No ordinance shall be enacted whichlimits, contradicts or otherwise conflicts with the intent and purpose of thesesections.

(3) Except as otherwise provided by applicable law, a public servant shall notknowingly:

a. Willfully or grossly neglect the discharge of their duties;b. Use or disclose confidential information concerning the property,

government or affairs of the City or any office, department or agencythereof, not available to members of the public and gained by reason oftheir official position;

c. Use property of the City except in accordance with policies andprocedures of the City;

d.

Engage in or accept private employment or render services when suchemployment or service is in conflict or incompatible with the properdischarge of their official duties or would tend to impair theirindependence of judgment or action in the performance of official duties;

e. Represent a private person, business or organization in any action or

proceeding pending before the City or any office, department or agencythereof

f. Vote regarding or otherwise participate in the negotiation of the makingof any City contract, or any other type of transaction, with any businessentity in which they or an immediate family member has a financialinterest; or

g.

Use their official position, in violation of applicable law, to improperlyinfluence a decision of the Mayor, City Council members, appointees oremployees.

(4) A public servant who, in the course of their duties, exercises significantauthority shall not:


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a. Solicit or accept a loan, payment or gift from an individual who isproviding service to, receiving tax abatements, credits or exemptionsfrom the City; or

b. Unduly influence any decision to fill a position in City government with animmediate family member.

7.102 Disclosures:

(1) Except as otherwise provided by applicable law, a public servant whoexercises authority shall disclose:

a. Any financial interest, direct or indirect, that they or an immediate familymember has in any contract or matter pending before City Council;

b. Any financial interest, direct or indirect, that they or an immediate familymember has in any contract or matter pending before or within any office,department or agency of the City;

c. Any interest that they, or an immediate family member has in real and

personal property that is subject to a decision by the City regarding purchase,sale, lease, zoning, improvement, special designation tax assessment orabatement or a development agreement;

d. Campaign contributions and expenditures, in accordance with applicablelaws; or

e. The identity of any immediate family member employed by the City or who ismaking application to the City.

(2) In addition to compliance with the above section, contractors and vendorsshall disclose:

a.

The identity of all entities and persons with any financial interest, direct orindirect, in any contract or matter the vendor or contractor has pendingbefore City Council; and

b. The identity of all entities and persons with any financial interest, direct orindirect, in any contract or matter the vendor or contractor has pendingbefore or within any office, department or agency of the City.

(3) The above disclosures shall be made in writing and be made by sworn,notarized affidavit, in accordance with City ordinance and applicable laws.

7.103 Lobbying Registration and Reporting

To the extent permitted by law, lobbyist shall register, file reports, and pay fees.

a. A lobbyist, as defined by this Charter, who lobbies within the Citygovernment shall be required to register with the City and file a report of hisor her lobbying activity with the City and its personnel.


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b. All documents filed by lobbyists shall be filed with the City Clerk, be apublic record and additionally published electronically or by other formats asto provide access to the reports.

c. A fee may be assessed to each lobbyist.

7.104 Gifts and Gratuities

(1) A public servant shall not accept gifts, gratuities, honoraria, loans, or otherthings of value from any person or company doing business or seeking to dobusiness with the City, is seeking official action from the City, has interests thatcould be substantially impacted by the performance of the public servant’s officialduties, or is registered as a lobbyist under applicable laws.

(2) This prohibition shall not apply to:

a. An award publicly presented to a public servant by an individual,governmental body or non-governmental entity or organization inrecognition of public service;

b. Complimentary copies of trade publications, books, reports, pamphlets,calendars, periodicals or other informational materials;

c. A gift received from a public servant’s immediate f amily member,provided that the immediate family member is not acting as a thirdparty’s intermediary or an agent in an attempt to circumvent this article;

d. Admission or registration fee, travel expenses, entertainment, meals orrefreshments that are furnished to the public servant:i. By the sponsor(s) of an event, appearance or ceremony which is

related to official City business in connection with such an event,

appearance or ceremony and to which one (1) or more of thepublic are invited; orii. In connection with teaching, a speaking engagement or the

provision of assistance to an organization or anothergovernmental entity as long as the City does not compensate thepublic servant for admission or registration fees, travel expenses,entertainment, meals or refreshments for the same activity.

7.105 One Year Post-Employment Prohibition

(1) Subject to law, for one (1) year after employment with the City, a publicservant shall not lobby or appear before the City Council or any City department,

agency, board, commission or body or receive compensation for any services inconnection with any matter in which he or she was directly concerned, personallyparticipated, actively considered or acquired knowledge while working for the City.

(2) Subject to law, for a period of one (1) year after employment with the City, apublic servant shall not accept employment with any person or company that didbusiness with the City during the former public servant’s tenure if that public


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servant was in any way involved in the award or management of that contract or theemployment would require the sharing of confidential information.

(3) If it is found to be in the best interest of the City, the City Council may,following full disclosure, waive the application of this section in an individualcircumstance.

7.106 Campaign Activities

(1) Appointees, appointive officers, employees and contracted entities’ staff areprohibited from engaging in campaign activities using City property or engaging insuch activity during working hours.

(2) The Mayor and City Council members are prohibited:

a) From soliciting, during working hours or at the place(s) of work,appointees, appointive officers, employees and contracted entities’ staff , towork on political campaign activities,

b) From soliciting, during working hours or at the place(s) of work,financial contributions from appointees, appointive officers, employees andcontracted entities’ staff ,

c) Using City property for political campaign activities.

(3) No appointee, appointive officer, employee or contracted entities’ staff can berequired or pressured to work on or financially contribute to campaigns as acondition of their hiring or continued employment.

7.107 Board of Ethics Creation and Membership

In order to provide an orderly procedure for consideration and review