THE
OF 2007
Final Draft Proposal 1-4-07
P R E A M B L E
We the people of the City of
Saginaw, under the constitution and laws of the state of Michigan, in order to
secure the benefits of local self-government and to provide for an honest, transparent,
and accountable government adopt this charter and confer upon the City the
following powers, subject to the following restrictions, and prescribed by the
following procedures and governmental structure. By this action, we secure the
benefits of home rule and affirm the values of representative democracy,
professional management, strong political leadership, citizen participation and
regional cooperation.
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CHAPTER I.
INCORPORATION – POWERS
Section 1
(a) The municipal
corporation now existing and known as the “City of Saginaw” shall be and
continue as a municipal corporation under the name of “City of Saginaw” and
shall be vested with any and all powers which cities are, or may hereafter be,
required or permitted to exercise or to provide for in their charters under the
constitution and laws of the State of Michigan, as fully and completely as
though the powers were specifically enumerated herein, except for such
limitations and restrictions as are provided in this charter. No enumeration of
particular powers of the City in this charter shall be held to be exclusive.
(b) The City may
participate by contract or otherwise with any governmental entity of this state
or any other state or states or the
(c) The corporate
boundaries of the City of
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CHAPTER II.
ELECTIONS
City Council Election
Districts and Precincts
Section 2.
(a) Effective May 11,
2007 the City of
District 1: All that part of the City of Saginaw north of a line
extending from the east City boundary line to the west City boundary line,
which line is described as follows: Commencing at a district corner boundary
located at the intersection of the east boundary of the City of Saginaw and the
centerline of Janes St., thence in a westerly direction always following the
centerline of streets to the intersection of
N.11th St., thence north to Federal Av., thence westerly to
N. Water St., thence southerly to the intersection of Janes St., thence
westerly crossing the Saginaw River at a straight line to connect the
intersection of Congress Av. and N. Niagara St., thence westerly along Congress
Av. in a staight line to connect with N. Michigan and Congress Ave.
intersection, thence westerly following Congress Ave to Adams Av., thence in a
westerly direction to a district corner boundary located at the intersection of
the west boundary of the City of Saginaw and the centerline of Adams Av., which is the point of ending.
District 2: All that part of the City of Saginaw south of
district 1 and north of a line extending from the east City boundary line to the
west City boundary line, which line is described as follows: Commencing at a
district corner boundary located at the intersection of the east boundary of
the City of Saginaw and the centerline of Ledyard St., thence in a westerly
direction always following the centerline of streets to the intersection of S.
15th St., thence northerly to Hartsuff, thence westerly to E.
Genesee, thence northerly to Atwater St., thence westerly to S. Water St.,
thence southwesterly to E. Holland, thence westerly to N. Woodbridge St.,
thence southwesterly to Brockway St., thence in a westerly direction to a
district corner boundary located at the intersection of the west boundary of
the City of Saginaw and the centerline of Brockway St., which is the point of
ending.
District 3: All that
part of the City of Saginaw south of district 2 and north of a line extending
from the east City boundary line to the west City boundary line, which line is
described as follows: Commencing at a district corner boundary located at the
intersection of the east boundary of the City of Saginaw and the centerline of
Webber St., thence in a westerly direction always following the centerline of
streets to Fordney St., thence northerly to Ezra Rust Av. Thence westerly over
the Saginaw River to Stephens St., continuing west on Stephens St., to S.
Fayette St., thence southwesterly to Vermont St., thence southeasterly to the
centerline of the railroad right-of-way, following the railroad west to a
district corner boundary located at the intersection of the west boundary of
the City of Saginaw and the centerline of the railroad right-of-way , which is
the point of ending.
District 4: All that part of the City of Saginaw south of a line
extending from the east City boundary line to the west City boundary line,
which is described as follows: Commencing at a district corner boundary located
at the intersection of the east boundary of the City of Saginaw and the
centerline of Webber St., thence in a westerly direction always following the
centerline of streets to Fordney St., thence northerly to Ezra Rust Av. Thence
westerly over the Saginaw River to Stephens St., continuing west on Stephens
St., to S. Fayette St., thence southwesterly to Vermont St., thence
southeasterly to the centerline of the railroad right-of-way, following the
railroad west to a district corner boundary located at the intersection of the
west boundary of the City of Saginaw and the centerline of the railroad
right-of-way, which is the point of ending.
(b) City Council election
districts of the City shall be reapportioned by Council as required by law to
assure equal representation in each district in the legislative body of the City,
shall be adjusted promptly after publication of each decennial census to ensure
that the total population of each district is within 5% of the total population
of each other district. The reapportionment plan shall provide for districts
which are as nearly of equal population as is practicable and contiguous and
compact. The boundaries of each respective district shall be maintained as near
as practicable to the original boundaries established in this charter; the
original district boundary points at the centerline of the Saginaw River, as
described above, shall not be altered, and the four boundary corners of each
district, located on the respective east and west City boundary lines as
described above, shall not be altered except to accommodate a change in the City
boundary line.
(c) Council shall by
ordinance establish convenient election precincts according to law. Starting
with the redistricting based on the 2010 decennial census, and thereafter, the Council
shall re-establish voting precincts simultaneous with reapportionment of City Council
districts; each Council election district shall have an equal number of election
precincts, and each election precinct shall be contained with the boundaries of
a single district.
(d) All reapportionment
of districts and reestablishment of precincts must be completed by Council and
submitted to the Clerk within 30 days of publication of each decennial census,
or prior to the establishment of
General and
Primary Elections
Section 3.
(a) A non-partisan
primary election shall be held on the date set by law for the regular election
in August immediately preceding the November general City election.
(b)
(c) If and when permitted
by state law, regular August primary elections and November general elections
of City officials shall be held in even numbered years. In that event, City Council
shall promptly provide for such elections in even numbered years, and the term
of any person who was elected prior to the date of such change shall not be
shortened, but shall be extended and continue, and that person remain in
office, until a successor is duly elected and qualified, at the next general
election.
(d) Special elections
shall be held when called by resolution of the Council only if permitted by the
general laws of the state, and in accordance with such statutes. Such resolution shall set forth the purpose
of the election, and is subject to Mayor’s veto and Council override thereof.
Nominating
Petitions
Section 4.
(a) Candidates for the
office of Mayor or Councilperson shall be nominated by petition.
(b) Nominating petitions
on official blanks, signed by registered electors of the City who are qualified
to vote for the candidate shall be filed with the City Clerk 4 p.m. on the
seventh Tuesday prior to the date of the City primary election, or as
established by ordinance. To qualify for the office of Mayor or Council
president, the candidate shall file a petition signed by no less than 40
registered electors of the City. To qualify for the office of district Councilperson,
the candidate shall file a petition signed by no less than 10 registered
electors of the City who are qualified to vote for the candidate.
(c) Official blank petitions shall be prepared
by the City Clerk, who shall furnish them immediately upon receipt of written consent
of the candidate in whose behalf petitions are requested.
Approval of Petitions
Section 5.
(a) The City Clerk shall
accept for filing only such nominating petitions for qualified candidates as
are on official blanks and contain the required number of signatures.
(b) The Clerk shall
forthwith determine the sufficiency of the signatures on each petition filed
and, if any petition does not contain the required number of valid signatures
of registered electors, shall forthwith notify the candidate in writing by
regular mail within 24 hours of such determination, who may file an amended
petition not later than five (5) days after the date of notification.
(c) Petitions and
affidavits of candidacy which are found by the City Clerk to contain the
required number of signatures of registered electors for qualified candidates
shall be marked “Approved,” with the date hereof.
Election Procedure
Section 6. The general election laws of the state shall apply to
and control all procedure relating to elections, except as such laws relate to
political parties or partisan procedures or require more than one publication
of notice and except as otherwise provided by this charter. In any circumstance where the application of
said laws may be uncertain, the City Election Commission shall construe the
same and prescribe the procedure. Council may establish by ordinance the time,
manner, and means of holding elections and the registration of electors,
subject to the requirements of state laws.
Canvass of Vote
Section 7.
(a)The Council shall be
the board of canvassers to canvass the votes at all elections under this
charter. The Council shall meet at
seven-thirty (7:30) p.m., on the first Thursday after each election and
publicly canvass the election returns, and shall determine the vote upon all
questions and propositions and declare whether the same have been adopted or
rejected and what persons have been elected at such election.
(b) The two legally
qualified candidates who receive the greatest number of votes in the primary
election for each office sought shall be placed on the November general
election ballot; provided, however, that if the Clerk certifies that no more
than two persons are lawfully nominated as candidates in the primary election
for any particular office, then the primary election shall be considered waived,.
Both primary candidates shall proceed to the general election.
(c) The candidate who receives
the greatest number of votes in the November general election shall be elected
to the office sought.
Tie Vote
Section 8. If at any municipal election candidates received an
equal number of votes, then the Council shall determine the election of such
candidates by lot in the same manner as shall be provided by the general
election laws of the state.
Election Commission
Section 9. After January 1, 2008 the election Commission shall
consist of 3 members; the City Clerk, the public safety Commissioner, and the
ombudsman. The City Clerk shall be chairperson, and may appoint temporary
members of the Commission in case of a vacancy. The Commission shall appoint
the inspectors of election and fix their compensation and shall perform all of
the duties required of City election Commissions by state law or this charter.
Voting Hours
Section 10. The polls for all elections shall be opened at seven
(7) a.m., or as soon thereafter as may be, on Election Day and remain open
until eight (8) p.m. of the same day, unless otherwise provided by state law.
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Chapter III.
ELECTED OFFICIALS
Section 11. The people at large shall elect a Mayor. The
Mayor shall be the official head of the City for all ceremonial purposes, for
the purposes of military law, homeland security, and for all other purposes
required by law, and shall also have the powers and administrative duties as
provided in this charter. The Mayor shall sign all ordinances or resolutions
passed by the Council and shall sign all documents, contracts and other
instruments requiring the consent of the City. The Mayor shall perform the
duties specified by the Council, this charter, ordinance or resolution. The Mayor
shall be considered a special member of City Council only in the event of a
vacancy thereon or redistricting, and then only for the special purpose voting
to break a tie vote on appointment to fill such vacancy or re-establishing
districts and precincts.
Section 12.
(a) The Council shall
consist of nine (9) members, referred to as “Councilpersons”.
(b) A Council president shall be nominated and
elected at large at a City general election, and as a Councilperson the Council
president shall preside over meetings of Council and serve as liaison officer
for official Council communications, and shall be deputy Mayor to serve as Mayor
in the event of vacancy, absence, or disability in the office of Mayor.
(c) Eight (8) other
Councilpersons shall be elected as district Councilpersons. The four (4) City Council
election districts shall each elect two district Councilpersons to staggered
terms; each district shall elect at least one Councilperson in each general City
election. The Council shall be vested with all legislative powers of the City
except as otherwise provided by state law or this charter.
(d) Except as
otherwise provided by law or this charter, all legislative powers of the City
and the performance of all duties and obligations imposed on the City shall be
vested in the Council. The Council may adopt resolutions, bylaws and ordinances
on any subject within the scope of the powers of the City. The City Clerk shall
be Clerk of the Council.
(e) The Council shall choose one of its district Council members as
vice-president of Council.
Section 13.
(a) All Councilpersons and the Mayor shall
hold office for regular terms of four (4) years from the Monday next following
the City election at which they are elected.
(b) Each district shall elect one (1) Councilperson
in the first general City election after the effective date of this charter.
The City at large shall elect a Council president and Mayor in the first
general City election after the effective date of this charter. Councilpersons
serving terms not set to expire after the first general City election following
the adoption of this charter shall not have their terms affected, and shall
continue in office until their terms do expire and a successor is duly elected
and qualified for the office.
Section 14.
(a) A person is not eligible
to be placed on the ballot for the office of Councilperson or Mayor unless duly
qualified to register to vote in the City (and in the person’s respective City Council
election district in the case of district Councilperson candidates) at the time
the person is nominated as a candidate, and thereafter.
(b) Any elected official
is disqualified from office, and a vacancy in that office occurs, if and when
that official is no longer qualified to register to vote in the City, or in the
official’s respective City Council election district in the case of district Councilperson.
(c) A person shall not
be qualified to be placed on the ballot as a candidate for the office of
district Councilperson if that person has already served in the office of a district
Councilperson during the two consecutive immediately preceding terms or partial
terms. A person shall not be qualified to be placed on the ballot as a
candidate for the office of at-large Council president if that person has
already served in that office during the two consecutive immediately preceding
terms or partial terms. A person shall not be qualified to be placed on the
ballot as a candidate for the office of Mayor if that person has already served
in that office during the two consecutive immediately preceding terms or
partial terms. These limitations do not apply to terms, or partial terms,
served prior to the effective date of this charter.
(d) A person who was a
member of the charter revision Commission after January 1, 2006, is not eligible
to be placed on the ballot for elective City office for a period of three years
after the effective date of this charter.
(e) Except where specifically
authorized by law, no Councilperson or Mayor shall hold any other elected
public office or any other City office or employment during the terms for which
the Councilperson or Mayor was elected. For one year after the termination of
their service on the Council or charter Commission no Councilperson or Mayor,
or person who was a member of the charter revision Commission after January 1,
2006, shall become an employee or officer of the City or do business with the City,
but they may be appointed to any uncompensated board of the City after the
expiration of their terms.
(f) No member of
the Council shall be eligible for appointment as manager until two (2) years
subsequent to the termination of his service on the Council
Section 15.
(a) A vacancy
occurring in the Council shall be filled within thirty calendar (30) days by a
majority vote of the remaining Councilpersons, the appointee to hold office
until a successor is duly elected and qualified. The Mayor shall cast a vote only
to break any tie vote for appointment.
(b) If Council
fails to meet the strict thirty day deadline, then the City Clerk shall appoint
the candidate who received the next greatest number of votes at the last
preceding election for that office, and who is still qualified to serve, to
fill the vacancy until a successor is duly elected and qualified.
(c) No
appointment shall be made within sixty (60) days prior to any general City
election If a vacancy occurs more than 1 year before expiration of the term
vacated, then the qualified and nominated candidate receiving the greatest
number of votes at the next available regular or general election shall serve
the remainder of the unexpired term. No primary elections are held for filling
vacancies; the Council shall provide by ordinance the manner of nomination of
candidates and method of such election.
(d) Upon a
vacancy in the office of Mayor, the deputy Mayor (President of Council) shall
be the Mayor for the remainder of the unexpired term, and shall vacate the
office of Councilperson.
(e) If the event
of a vacancy, absence, or disability in the office of President of Council,
then the vice president of Council shall be vested with all powers of the
President of Council during such vacancy, absence or disability.
(f) In addition
to other provisions of this charter, a vacancy shall be deemed to exist in any
office when an officer dies, resigns, is removed from office, fills a vacancy
in another office, is no longer qualified to register to vote in the City or in
their respective City Council district, where applicable, is convicted of a
felony or judicially declared to be mentally incompetent. The seat of a Councilperson
shall be forfeited or become vacant if the Councilperson is absent from six
consecutive regular meetings, unless a leave of absence is excused in advance
by Council.
(g) In filling a vacancy in the Council
the names of prospective appointees shall not be presented for seven (7) days,
and no appointment shall be made for fourteen (14) days after the vacancy
occurs. Any person qualified to register
to vote in the City, and in the Council district, where applicable, may apply
or nominate a qualified candidate to fill a vacancy.
Powers of Mayor
Section 16. The Mayor shall be the chief executive official
of the City, and shall have the power and responsibility to:
(a) Enforce the
provisions of this Charter, and the civil and criminal ordinances of the City
of
(b) Ensure that the
City is in compliance with all other state and federal laws, by executive order
if necessary. The Mayor shall defend all
the provisions of the City charter as approved by the people.
(c) Exercise
oversight over all agencies within city government.
(d) Direct the City manager to appoint or
remove, or delegate such authority, subject to the restrictions and provisions
of this charter and state law, all employees of the City except officers
appointed by Council. The appointments or nominations made by or under
authority of the Mayor shall be on the basis of fitness, training and
experience of such appointees for their work responsibilities.
(e) The Mayor may
disapprove by veto any distinct item or items appropriating moneys in any
appropriation bill. The part or parts approved shall become law, and the item
or items disapproved shall be void unless re-passed according to the method
prescribed for the passage of other bills over the Mayor’s veto.
Compensation of
Elected Officials
Section 17.
(a) The Mayor and each Councilperson shall
receive compensation in the base amount which shall be in conformity with any
applicable state law on the subject of determining the salaries of the Mayor
and Councilpersons.
(b) Commencing Monday, November 12, 2007, the
compensation for Councilpersons shall be 20% of the average salary of the three
highest paid employees of the City Clerk’s Department. The Council shall
thereafter have the authority to lower the compensation for Councilpersons, or
to raise it to an amount not to exceed 40% of the average salary of the three
highest paid employees of the City Clerk’s Department. Any change in
compensation shall require the affirmative roll-call vote of at least 6 Councilpersons
at a regularly scheduled Council meeting held not less than 30 days, nor more
than 60 days, prior to a general Council election.
(c)
Commencing
Monday, November 12, 2007, the Mayors
compensation shall equal 105% of the average annual compensation of the three
highest paid City employees.
(d)
No elected
City official shall accrue any right or interest in any City funded pension or
medical, death or disability benefits as a result of service as an elected
official.
(e)
Personal
expenses incurred while in office shall not be reimbursed unless pre-approved
by the Council at a regular Council meeting.
(f)
Council
persons absent from any regular or special Council meeting for other than
official City business shall forfeit payment of one twenty fourth (1/24) of
their annual salary.
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CHAPTER IV.
LEGISLATION
Section 18.
(a) The Council and
the Mayor shall meet at the official Council chamber at seven-thirty (7:30)
p.m. on the Monday next following each regular City election, at which session each
newly elected Councilperson and each newly elected Mayor shall assume the
duties of office. Regular meetings of City
Council shall be held on the 2nd and 4th Mondays of each
month, except that a meeting may be rescheduled by resolution to accommodate
for holiday or emergency. Regular meetings of City Council shall be posted
within ten days after the first meeting in each calendar or fiscal year, or as
otherwise required by law.
(b) The business of
the legislative body shall be conducted at a public meeting held in compliance
with the Open Meetings Act, 1976 PA 267 and in compliance with all applicable
state law.
Section 19.
(a) Special
meetings shall be called by the City Clerk on the written request of the Mayor
or manager or any three (3) Councilmen on at least eighteen (18) hours’ written
notice to each elected official served personally, or left at their usual place
of residence; but any special meeting shall be a legal meeting for all purposes
if all statutory requirements have been satisfied and if all Councilmen are
present or have waived notice in
writing. Eighteen hours’ notice of special meetings must be given to the public
by posting and prominent placement on the City’s official website.
(b) A roll call vote shall be taken on any motion
to go into closed session. Any such session shall be recorded and a copy made
available on lawful request or subpoena, unless prohibited by law, subject to in camera review and redaction by a court
of law, subject to the Open Meetings Act.
The Mayor, ombudsman, fiscal services officer, and City manager have the
right to be present at a closed session, but shall not be entitled to any prior
notice and shall be subject to the same restrictions on disclosure as all
others lawfully present at the closed session, except that they may discuss the
matter among themselves.
Quorum
Section 20.
(a) A majority of the Councilpersons shall be a quorum for the
transaction of business. The Council may, by a majority vote of those present,
compel the attendance of its members and other officers of the City at its
meetings and enforce orderly conduct therein.
(b) No Councilpersons shall vote on any question in which he or she has
any financial interest other than the common public interest; but on all other
questions every Councilperson present shall vote and shall not abstain or pass
a vote when called.
(c) On all votes which are not unanimous, the yea or nay vote of each
member shall be recorded by roll call, but where the vote is unanimous, it
shall only be necessary to so state.
Section 21.
(a)The Council shall determine its own rules, except it shall adopt the
most current edition of Robert’s Rules of Order for the conduct meetings, and
shall keep a journal of its proceedings in the English language, which shall be
signed by the City Clerk. All regular
and special meetings of the Council shall be open to the public.
(b) A summary of the Council proceedings at each meeting shall be
prepared by the City Clerk and published promptly on the official City website.
Council meetings shall be broadcast live by video and audio publication, which
shall not be discontinued while a meeting is pending.
(c) Any taxpayer, or other person qualified to register to vote in the City,
or their attorney, shall have the right at Council meetings to address members
of Council, or to have any sworn written statement read into, or otherwise made
part of, the record thereof, subject only to carefully tailored time, place,
and manner restrictions which do not interfere with the person’s right to free
expression within the bounds of decency. Council members shall make good faith
efforts to directly answer any written or oral questions posed, and may respond
to questions and criticisms in a manner that is respectful to the speaker and
to the public. By leave of Council, any other person may address the City Council.
Section 22.
(a) Legislation
shall be by ordinance. To the fullest
extent permitted by law, the Council shall have the power to adopt, revise,
continue, amend and repeal any ordinance.
(b) The enacting
clause for the adoption, revision, continuation, amendment and repeal of every
ordinance shall be: “The City of Saginaw
Ordains”.
(c) Each ordinance
shall be identified by a number and a short title, which shall fairly state its
purpose. The effective date of an
ordinance shall be prescribed therein.
(d) Enactment,
adoption, revision, continuation, amendment and repeal of an ordinance shall
require the affirmative vote of not less than five (5) Councilpersons and the
effective date shall not be earlier than ten (10) days after enactment.
(e) No ordinance,
including any revised, amended or repealed ordinance, shall be passed finally
on the date of its introduction, except in the case of a public emergency, and
then only by the unanimous vote of the Council. Ordinances so passed shall be
declared by the Council to be immediately necessary for the preservation of the
public peace, health and safety, shall contain an explanation of their necessity,
and may be given immediate effect. No ordinance making a grant of any franchise
or special benefit shall ever be passed as an emergency.
(f) No ordinance
shall be amended by reference to its title only, but the section or sections
amended shall be enacted in full. An
ordinance may be repealed by reference to its number and title only.
(g) An ordinance
shall expire if not specifically readopted by Council within 15 years of its
effective date.
(h)The City shall
publish each ordinance, or a summary of the ordinance, including any amended,
repealed, revised or rearranged ordinance, prior to taking effect, according to
law. Printed copies of the ordinance shall be kept in the office of the City Clerk
and be available for inspection by and distribution to the public. Proof of the
requisite publication of any ordinance, resolution, rule, notice or other
proceeding required by law or this charter to be published, shall be obtained
by an affidavit and filed with the City Clerk; which shall be presumptive evidence
of the legal publication of such ordinance, resolution, rule, notice or other
proceeding.
(i) The Mayor shall
have the power to veto any ordinance, resolution, motion, order or other action
of the Council within three business days after its passage. The Mayor shall
file the veto in writing with the City Clerk and shall set forth the reasons
for the veto. The City Clerk shall promptly communicate and deliver the veto to
the Council. Any vetoed ordinance, resolution, motion, budget line item order or
other action of the Council shall not become operative or take effect unless
the veto is overridden by six Councilpersons at the first meeting of the Council
following the filing of the veto. In the event of an override the Mayor shall
sign the ordinance, resolution, motion, order or other action of the Council
immediately upon presentation, but failure to strictly comply with this
provision shall not affect the validity of the ordinance, resolution, motion,
order or other action
Section 23. All
ordinances and the dates of introduction and enactment and the vote thereon
shall be recorded by the City Clerk in a book to be called “The Ordinance
Book,” and it shall be the duty of the Mayor and the City Clerk to authenticate
such record by their official signatures.
Except as otherwise provided by this charter, all ordinances when
enacted shall be published by the City Clerk according to law, and the Clerk
shall certify as to the manner and date of publication under each ordinance in
the ordinance book; provided that, if codes (e.g. building regulations) are
enacted by ordinance, publication may be had by keeping printed copies in
booklet form to be available for public inspection according to law and by
publication the full text and substance thereof on the official City government
internet site.
Section 24. The Council
shall, by resolution, order a general revision and compilation of ordinances
within two (2) years from the date this charter is adopted by the electors and
every ten (10) years thereafter. Such
revision and compilation, when completed, shall be adopted by appropriate
ordinance which shall also designate when such revised and compiled ordinances
shall become effective. Such revised and
compiled ordinances need not be recorded in the “The Ordinance Book” or the Council
proceedings. The printing of copies in
book form, available for public inspection according to law publication and by
publication on the official City government internet site shall be deemed
sufficient
.
CHAPTER V.
Section 25.
(a) City Council shall speak and govern through its formal written actions.
Except for the purpose of inquiry, investigation, or for obtaining or
furnishing information, no Councilperson shall, directly or indirectly,
interfere with, officially deal with, or give any explicit orders to any City officer,
administrative officer or employee, either publicly or privately. Any violation
of the provisions of this section shall be a misdemeanor and any Councilperson
shall forfeit their office if convicted.
(b) Neither the City Council nor any of its members shall in any manner
control or demand the appointment or removal of any City employee whom the
Mayor or City manager or any subordinate is empowered to appoint, except as
specifically provided in this charter, but the Council may express its views
and fully and freely discuss with the City manager or Mayor anything pertaining
to appointment and removal of such officers and employees.
Appointment and removal of Officers.
Section 26.
(a) After the
transition of political power according to the transition schedule in Chapter 14
of this charter, the Council shall
appoint the following administrative officers; a City Manager, Clerk,
Treasurer, Assessor, Fiscal Services Director, Public Safety Commissioner,
Ombudsman, and Public Works Commissioner, for indefinite terms, by affirmative
vote of at least 5 Councilpersons upon nomination by the Mayor.
(b) After the
transition of political power according to the transition schedule in Chapter 14
of this charter, each officer shall be subject to removal by the Mayor, in
writing upon 15 days written notice to the officer and each Councilperson,
unless the termination is overridden by seven (7) Councilpersons at the first
meeting of the Council following service of the notice to terminate.
(c) After the
transition of political power according to the transition schedule in Chapter 14
of this charter, the Mayor may suspend an officer without prior notice and with
or without pay pending removal or disciplinary action, and may designate a
qualified person to perform the duties of officer during a suspension, absence,
or vacancy in the office.
(d) Subject to this
section, the action of the Mayor, suspending or removing the City manager or
any officer shall be final.
(e) After the
effective date of this charter, the Council and Mayor shall enter into an
employment contract with the officer within 30 days of appointment, which shall
be in writing and shall specify the compensation to be paid to the officer,
including any procedure for changing the compensation, any fringe benefits and
any other conditions of employment. The salary of the officer shall not exceed
that of the Mayor. The employment contract shall be for an indefinite term. The
contract with the officer shall state that the administrative officer serves at
the pleasure of the Mayor and legislative body, respectively. The employment contract
may not provide for severance pay exceeding two month’s compensation or other
benefits in the event the employment of the officer is terminated at the
pleasure of the Mayor and shall provide that the officer shall hold the City
harmless for any removal, termination, disciplinary action, or suspension with
or without pay. The City is prohibited from entering into any contract to
provide, and shall not provide, any pension plan or retirement healthcare plan
which defines benefits, but may provide defined contribution plans. This
provision shall not affect any rights vested prior to the effective date of
this charter or rights provided under any state law.
(f) The City Clerk shall be the ex-officio Clerk of the
City Council and shall keep a complete record of the proceedings of the
Council, and shall be responsible for all public records. The City Clerk shall
perform all duties required by state law, this charter and the Council. After
January 1, 2020 the qualifications for appointment as Clerk shall be a
bachelor’s degree with emphasis on library science, information systems,
accounting, or law from a fully accredited college or university, or its
equivalent, and the Clerk in office on the effective date of this charter shall
be considered to have been appointed Clerk on that date. This officer shall be
responsible to the manager and Mayor for timely preparation and submission, on
dates to be determined by the Mayor, to the manager and Mayor of a 2 year
proposed budget and proposed capital program on behalf of their Department for
presentation to the Council for its approval, and to administer the budget
adopted by the Council.
(g) The Treasurer shall perform all duties set forth in
state law, this charter, ordinance or resolution. After January 1, 2020 the
qualifications for appointment as treasurer shall be Certified Public
Accountant license and bachelor’s degree from a fully accredited college or
university, or its equivalent, and the treasurer in office on the effective
date of this charter shall be considered to have been appointed Treasurer on
that date. This officer shall be responsible to the manager and Mayor for
timely preparation and submission, on dates to be determined by the Mayor, to
the manager and Mayor of a 2 year proposed budget and proposed capital program
on behalf of their Department for presentation to the Council for its approval,
and to administer the budget adopted by the Council.
(h) The Fiscal
Services Director shall perform all duties set forth in state law, this
charter, ordinance or resolution. After January 1, 2020 the qualifications for
appointment as Fiscal Services Director shall be a state as a Certified Public
Accountant license and bachelor’s degree from a fully accredited college or
university, or its equivalent, and the Fiscal Services Director shall be
appointed no later than January 1, 2008. This officer shall be responsible to
the manager and Mayor for timely preparation and submission, on dates to be
determined by the Mayor, to the manager and Mayor of a 2 year proposed budget
and proposed capital program on behalf of their Department for presentation to
the Council for its approval, and to administer the budget adopted by the
Council.
(i) The Assessor shall perform all duties set forth in state law, this
charter, ordinance or resolution. The qualifications for appointment as
Assessor shall be licensed by state of Michigan to act as an Assessor, and the
Assessor in office on the effective date of this charter shall be considered to
have been appointed Assessor on that date. This officer shall be responsible to
the manager and Mayor for timely preparation and submission, on dates to be
determined by the Mayor, to the manager and Mayor of a 2 year proposed budget
and proposed capital program on behalf of their Department for presentation to
the Council for its approval, and to administer the budget adopted by the
Council.
(j) The Public Safety Commissioner shall
perform all duties set forth in state law, this charter, ordinance or
resolution. Qualifications for appointment as Public Safety Commissioner shall
be a Bachelor of Arts or other advanced degree from a fully accredited college
or university, or its equivalent, in criminal justice or fire science, and
master degree in criminal justice, fire science, or public administration or
related justice fields, a minimum of 10 years related work experience, and,
commencing January 1, 2010, a Public Safety Commissioner must hold current
state certification by MCOLES and MFFC, or their successor equivalent
certifications. The Public Safety Commissioner shall be appointed no later than
January 1, 2008. This officer shall be responsible to the manager and Mayor for
timely preparation and submission, on dates to be determined by the Mayor, to
the manager and Mayor of a 2 year proposed budget and proposed capital program
on behalf of their Department for presentation to the Council for its approval,
and to administer the budget adopted by the Council.
(k) The Ombudsman shall perform all duties set
forth in state law, this charter, ordinance or resolution to protect citizens
against waste, graft, and abuse. Qualifications for appointment as ombudsman
shall be an advanced degree in the field of Accountancy, or a Juris Doctorate
degree. The ombudsman shall be appointed no later than January 1, 2008. This
officer shall be responsible to the manager and Mayor for timely preparation
and submission, on dates to be determined by the Mayor, to the manager and
Mayor of a 2 year proposed budget and proposed capital program on behalf of their
Department for presentation to the Council for its approval, and to administer
the budget adopted by the Council.
(l) The Public Works Commissioner shall
perform all duties set forth in state law, this charter, ordinance or
resolution. The director of the Department of public services in office on the
effective date of this charter shall be considered to have been appointed
Public Works Commissioner on that date. After January 1, 2020 a public works
Commissioner shall have an engineering degree from a fully accredited college
or university. This officer shall be responsible to the manager and Mayor for
timely preparation and submission, on dates to be determined by the Mayor, to
the manager and Mayor of a 2 year proposed budget and proposed capital program
on behalf of their Department for presentation to the Council for its approval,
and to administer the budget adopted by the Council.
(m) The City
Manager shall perform all duties set forth in state law, this charter,
ordinance or resolution. The City Manager in office on the effective date of
this charter shall be considered to have been appointed City Manager on that
date. Within 30 days after the transition of political power according to the
transition schedule in Chapter 14 of this charter, the Mayor shall appoint a
new City Manager, subject to veto by at
least seven (7) members of City Council at the next regularly scheduled meeting
of Council. This power of appointment by the Mayor shall only apply to the
appointment of the first City Manager after the transition of political power,
and thereafter the council shall appoint any subsequent city manager according
to subsection (a) of this section. The City Manager shall be chosen solely on
the basis of his executive and administrative qualifications with special
reference to his education, training and actual experience in municipal
administration. The City manager shall be a person of good business and
executive ability, and shall be a Bachelor of Arts or other advanced degree
from a fully accredited college or university, or its equivalent.
(n) The officers above
shall preside over the administrative Departments of the City, subject to the
direct authority of the Mayor, or the Mayor’s delegate. These officers shall be
responsible for their respective Departments. Any other City Departments in
existence on the effective date of this charter shall be phased out as
stand-alone Departments and consolidated according to the transition schedule
in chapter 14 of this charter. The “Administrative Code” shall be amended to
establish the consolidated administrative service, and shall establish
administrative ruling making powers which shall be subject to veto by act of
five (5) Councilpersons exercised within 30 days of promulgation thereof. No
Departments may be established without prior voter approval, except as provided
by this charter.
Section 27.
The City manager
shall be the chief administrative officer of the City, responsible to the Mayor
for the administration of all matters placed in the City manager's charge by
the Mayor and City Council or by authority of this charter.
The City manager
shall, as directed by the Mayor:
(a) Enforce
all laws and ordinances, this charter, and carry out the policies and
resolutions of the Council.
(b) Except
as otherwise provided by this charter, direct and supervise the administration
of all offices and Departments of the City.
(c) Appoint,
discipline, suspend or terminate all City employees and agents, with prior
written approval of the Mayor, except that the City manager shall not terminate
those officers appointed by the Council as provided in this charter. The City
manager may authorize any officer or head of a Department to exercise these
powers with respect to subordinates in that Department. The appointments made
by or under authority of the Mayor shall be on the basis of the fitness,
training and experience of such appointees for the work they are to
perform.
(d) Be
responsible to the Mayor for preparation and submission of a 2 year budget and
capital program to the Council for its approval, and administer the budget
adopted by the Council.
(e) Be
responsible for keeping the Council and Mayor advised of the financial
condition and administrative activities of the City, and make such other
reports as the Council or Mayor may require concerning the operation of the City.
(f) Manage
and supervise all public works, bridges, buildings, roads, improvements and
other undertakings of the City.
(g). Manage
and supervise all City utilities.
(h) Attend
all Council meetings, unless excused by the Mayor. The City manager shall have
the right to take part in all discussions, but shall not have a vote.
(i) Make
recommendations to the City Council concerning the affairs of the City and
perform such other duties as are specified in this charter, ordinance, and
resolution or as may be required by the Mayor.
Boards and
Committees.
Section 28. The Council shall establish boards, Commissions
and committees, whose members, qualifications, terms; rate of compensation,
powers and duties shall be determined by ordinance. Members shall be appointed
by Council on nomination by the Mayor. Boards, Commissions and committees shall
be consolidated according to the transition schedule in chapter 14 of this charter. After June 30, 2008, there shall be no more
than 12 total boards, commissions and committees established without voter
approval, not including boards, Commissions and committees specifically established
by charter, or required by state or federal law, or which are subject to voter
oversight.
Section 29.
(a) Competitive bids for all purchases and public improvements shall be
obtained where practicable and the contracts shall be awarded to the lowest and
best bidders according to the following priorities: (priority 1) City business
bidders, who may be entitled to a 5% bid overage and still maintain a priority above
other bidders, (priority 2) Saginaw county business bidder, (priority 3) all
others bidders.)
(b) Sealed bids shall be asked for in all transactions involving the
expenditure of ten thousand dollars ($10,000) or more and the transaction
evidenced by written contract submitted to and approved by the Council;
provided that, in cases where it is clearly to the City’s advantage to contract
without competitive bidding, the Council upon recommendation of the Mayor may
so authorize. Detailed purchasing and contracting procedure shall be
established by ordinance.
Section 30. The City
Council, Mayor or Mayor’s delegate, or ombudsman may make investigations into
the internal affairs of the City and the conduct of any City Department,
officer, employee, or agent, and for this purpose may subpoena witnesses,
administer oaths, take testimony and require the production of evidence.
Failure or refusal to obey a lawful order issued in the exercise of these
powers by the Council, Mayor, Mayor’s delegate, or Ombudsman shall be a
misdemeanor punishable by a fine of not more than $500, or by imprisonment for
not more than 93 days or both; an employee, contractor, or agent of the City
shall be sanctioned, and may be terminated, for failure to appear on reasonable
notice.
Planning Commission
Section 31.
The Council shall
appoint a Planning Commission, whose members, qualifications, terms; rate of
compensation, powers and duties shall be determined by ordinance.
Office of
Ombudsman for Public Efficiency
Section 32.
(a) There is hereby
established within the administrative service Department to be known as the
“Office of Ombudsman for Public Efficiency, Information and Complaint.” The functional
operation of this Department shall commence on July 1, 2008.
(b) It shall be the
duty of the ombudsman to furnish information concerning the City government Departmental
operating efficiency and shall seek cost effective alterative sources for
ineffective processes, Departments or services, and to receive the complaints
of citizens relative to the City affairs. The procedure for handling complaints
shall be specified by executive order of the Mayor with the advice and consent
of the Council. The Department here created may be assigned other duties not
inconsistent with the purpose of this section.
All City Departments shall provide total cooperation with the ombudsman.
Failure to cooperate can be grounds for immediate dismissal of all individuals
involved in such failure or refusal, except as otherwise provided by a
collective bargaining agreement.
(c) The ombudsman
shall receive and record citizen complaints against the City, or suggestions
for innovation in City services, and shall direct them to the appropriate
officer, agent, Councilperson, Mayor, or employee if applicable, and shall give
prompt attention and written response where necessary. Any formal written
complaint shall be acknowledged in writing (or its electronic equivalent)
within 5 business days of receipt by facsimile, electronic communication, or
otherwise, and shall be resolved in writing within 30 days action indicating
steps taken and persons to whom corrective instructions were given.
(d) The ombudsman
shall help develop the means for public input and performance of public
services using the official City website, in conjunction with the City Clerk
and City information services employees or contractors.
(e) The ombudsman
shall have free access to all City books, records, ledgers, journals, officers,
employees, contractors, agents, and all City work areas, without prior notice, and
shall have the power to issue subpoenas to employees and officers of the City
to make inquiry, shall have the power to administer oaths, and shall report all
evidence and findings to the Mayor and Council.
(f) The ombudsman
shall attend all regular City Council meetings, and all special meetings and
public hearings on request, and shall provide a regular report to the public no
less than once each year.
(g) After January
1, 2010, the ombudsman shall have the authority, in conjunction with the Mayor,
to put some or all the functions of any Department or Commission established in
this charter out for competitive contract bid to qualified vendors or other
public providers. If any bona fide bid would realize taxpayers savings in
excess of 10% for the equivalent or improved service provided, and the officer
in charge of the Department will not , at a public hearing, make binding
detailed budget projections and pledge to match the terms of the bid, then the
ombudsman may negotiate proposed contract terms for services to replace some or
all the functions of the Department to be temporarily replaced by the bidder
under the supervision of the officer in charge of the Department, and execute
the agreement, temporarily replace the functions of some or all the functions
of the Department, and cause the appropriated cost of replacement to be reduced
from the Department's budget, after a Public Hearing, before Council, with a
resolution of Council, subject to the veto of the Mayor and Council override
thereof. The cost control remediation power under this subsection shall be
subject to voter disapproval, after January 1, 2020, and the Council shall
place a question on the ballot to eliminate that power on the ballot of the
first general City election after that date.
(h)The ombudsman
shall investigate sustainable grants and other sources of funding and revenue
enhancement, and seek regional solutions, intergovernmental cooperation and
compacts, any private sector alternatives to proprietary and other functions
now performed by government which might more effectively be provided in the
open market.
(i) The
Ombudsman shall make and keep a current roster of all City employees, officers,
elected officials, members of boards and Commissions, and of all contractors,
agents, and non-governmental organizations (including names of their officers
and directors) which receive more than $1,000 annually from the City. The
roster shall disclose the job description, salary, overtime, and benefits of
each official or employee, any domestic household relationship, or known family
relationship within 2 degrees of consanguinity, whether by blood or marriage,
or known business relationship, between any City employees or officials, or
between any City employee or official and anyone else on the roster. The
ombudsman shall annually obtain a sworn statement from all persons on the
roster as to whether they have a conflict of interest or are a party to any
nepotism.
City employees
Section 33.
(a) Unless otherwise provided by a collective
bargaining agreement, all City employees shall be “at will” employees under
Michigan law, subject to termination as provided by this charter. This section
shall not operate to impair any employment rights that may have accrued before
the effective date of this charter, but no rights to continued employment shall
accrue after that date.
(b) Unless
otherwise provided by a collective bargaining agreement, the City shall enter
into an employment contract with any employee within 30 days of hiring, which
shall be in writing and shall specify the compensation to be paid to the employee,
including any procedure for changing the compensation, any fringe benefits and
any other conditions of employment. The salary of the employee shall not exceed
that of the Mayor. The employment contract shall be for an indefinite term.
(c) Unless
otherwise provided by a collective bargaining agreement, the employment
contract may not provide for severance pay exceeding two month’s compensation
or other benefits in the event the employment of the officer is, and shall
provide that the employee shall hold the City harmless for any removal,
termination, disciplinary action, or suspension with or without pay.
(d) Unless
otherwise provided by a collective bargaining agreement, the City is prohibited
from entering into any contract to provide, and shall not provide, any pension
plan or retirement healthcare plan which defines benefits, but may provide
defined contribution plans.
(e) Unless
otherwise provided by a collective bargaining agreement, a former City employee
who is currently drawing pension or severance payments from the City is not
qualified to provide any paid personal consulting or other services to the City,
directly or indirectly, unless that person voluntarily waives and forgives such
payment during the pendency of such services. This shall not apply to a former
employee providing paid emergency or incidental services not exceeding 100
hours each year.
(f) This section
shall not affect any rights vested prior to the effective date of this charter,
or be contrary to the Public Employment Relations Act (PERA), PA 336 of 1947,
as amended by PA 312 of 1969, or any
other state law or, and shall not contravene Act 78 of 1935, unless and until
said act is rescinded by the voters of the City of Saginaw pursuant to Chapter 14
of this charter.
Board of Review
Section 34. The Council shall appoint by majority vote
on the Mayor’s nomination a board of review of five (5) citizens, at least one
from each district, who are taxpayers on real property, who shall hold office
at the pleasure of the Council. The Council
shall fix the compensation of the members of the board of review.
CHAPTER VI
Section 35. The
fiscal year of the City shall begin on the first day of July and end on the
last day of June.
Section 36. The Fiscal
Services Director shall be in charge of the administration of the financial
affairs of the City. He or she shall
maintain such accounting control over the finances of the City, make such
financial reports and perform such other duties as may be required by this
charter, by ordinance or by the manager, and shall audit and approve all
liquidated claims against the City, and the treasurer shall pay the same on
duly certified vouchers.
Section 37. After January 1, 2008, Council, in
accordance with applicable law, this charter, ordinance or resolution, shall
adopt a two year budget cycle for the ensuing two fiscal years containing
proposed expenditures and estimated revenues covering all of its Departments
and activates. The Council shall by resolution provide for a tax of the amount
necessary to be raised by taxation at least 30 days prior to the first day of
each upcoming even number fiscal year of the cycle. The Mayor shall present a
proposed budget to the Council not less than 60 days prior to Council budget
deadline described above. This provision shall take effect on July of the next
even numbered year commencing after the ratification of this charter. The Council
shall hold not less than two public hearing on the proposed budget prior to
passage. After budget passage no changes shall be made without prior Council
approval. Any budget proposal by the Mayor, and any supporting documentation,
shall be conspicuously placed on the official City website immediately upon its
presentation to Council. The budget, as finally passed, and all amendments
thereto, shall be immediately placed on the official City website for the full budget
cycle.
Section 38. A public
hearing on the budget shall be held before its final adoption by the Council,
at such time and place as the Council shall direct, the notice of such public
hearing shall be published at least one week in advance by the City Clerk, and
placed prominently on the official City website and television station.
Section 41. After the budget has been adopted, no money
shall be drawn from the treasury of the City, nor shall any obligation for the
expenditure of money be incurred, except pursuant to a budget appropriation.
Except as otherwise provided in this charter, the Council may transfer any
unencumbered appropriation balance or any portion thereof from one Department,
fund, or agency to another, but only if in advance of any transfer a public hearing
is held at a regularly scheduled meeting of the Council with at least 14 days
notice for such Public Hearing, setting forth the proposed budget changes on
the official City website.
Section 42. At the
beginning of each quarterly period during the fiscal year, and more often if
required by the Council, the Mayor shall submit to the Council data showing the
relation between the estimated and actual income and expense to date; and if it
shall appear that the income is less than anticipated, the Council or Mayor may
reduce appropriations for any item or items, except amounts required for debt
and interest charges, to such a degree as may be necessary to keep expenditures
within the cash income.
Section 43. Subject
to the applicable provisions of state law and this charter, the Council, by
resolution, may authorize the borrowing of money for any purpose within the
scope of the powers vested in the City and the issuance of bonds of the City or
other evidences of indebtedness therefore, and may, with voter approval, pledge
the full faith, credit and resources of the City for the payment of the
obligation created thereby.
Section 44. Each
bond or other evidence of indebtedness shall contain on its face a statement
specifying the purpose for which the same is issued and it shall be unlawful
for any officer of the City to use the proceeds thereof for any other purpose,
provided that, whenever the proceeds of any bond issue or any part thereof
shall remain unexpended and unencumbered for the purpose for which said bond
issue was made, the Council may, by the affirmative vote of six (6) members,
authorize the use of such unexpended and unencumbered funds for the retirement
of said bond issue or if such bond issue shall have been fully retired, then
for the retirement of other bonds of the City.
All bonds and other evidences of indebtedness issued by the City shall
be signed by the Mayor and countersigned by the Fiscal Services Director and
the City Clerk under the seal of the City.
Interest coupons may be executed with the facsimile signatures of the Mayor
and controller. A complete and detailed
record of all bonds and other evidences of indebtedness issued by the City
shall be kept by the director of finance.
Upon the payment of any bond or other evidence of indebtedness the same
shall be marked “canceled.”
Section 45. The Council
shall designate the depository or depositories for City funds, and shall
provide for the daily deposit of all City moneys. The Council may provide for such security for
City deposits as it may deem necessary, except that personal surety bonds shall
not be deemed proper security.
Section 46. An
independent audit shall be made of all accounts of the City government at least
annually and more frequently if deemed necessary by the Council, and shall be
timely provided to the state as provided by law. Such audit shall be made by qualified public
accountants experienced in municipal accounting. An abstract of the result of
such audit shall be made public and Placed on the official City website. An annual report of the City’s business shall
be made available in such form as will disclose pertinent facts concerning the
activities and finances of the City government, and said report and all
documents relating to the audit shall be published and archived on the official
City website.
Official Bonds.
Section 47. Any City officer elected or appointed by
authority of this charter may be required to give a bond to be approved by the Council
for the faithful performance of the duties of his or her office. Officers and
employees receiving or disbursing City funds shall be so bonded. All official
bonds shall be corporate surety bonds, and the premiums thereon shall be paid
by the City. Such bonds shall be filed with the City Clerk.
Section 48. Trust
funds, unless otherwise provided by a deed of trust, shall be kept separate and
apart from all other funds and shall be invested, as authorized by the Council,
by purchase in the open market of such bonds, debentures and other securities
of recognized prudent investment quality.
Loan of credit.
Section 49. The City shall
not loan its credit for any private purpose or except as provided by law for
any public purpose.
Mandatory Minimum Recreation Appropriation
Section 50. The
budget shall include appropriation of no less than one mill of the real and
personal property subject to taxation by
the City of Saginaw annually for grants to participating entities for providing
recreation activities and facilities. Funds for this appropriation have been
factored into the charter tax limit established in Section 54 of this charter.
Such funds shall be placed in a separate segregated fund for accounting
purposes, and shall be called the “Saginaw City Recreation Commission Fund”. A
full accounting of all income, grants, and expenses for the prior fiscal year
shall be published not later than September 30 each year on the official City
website.
City Recreation Commission
Section 51.
(a) This section establishes a Saginaw City Recreation Commission which
shall have 5 members appointed for 1 year terms. Members shall not serve more
than 4 consecutive terms thereon, and their compensation shall be determined by
ordinance.
(b) Council shall appoint one member as the chairperson of the Commission
upon the nomination of the Mayor. Council shall appoint one member of the Commission
from each of the four Council election districts upon the nomination of the district
Councilpersons for each respective district.
(c) The Saginaw Recreation Commission shall be responsible for
recommending the recreation activities within the City of Saginaw. Efforts will
be made to recommend activities in conjunction with organizations that provide
some portion of matching funds from participating entities, and to seek grants
and private donations for additional funding through the Saginaw City
Recreation Commission.. Grants shall be made only to participating entities. Participating
entities shall be non-governmental non-profit entities which have exempt status
under section 501(C) 3 of the internal revenue code.
(d) The Saginaw Recreation Commission shall make budget recommendations
to Council no later than February 15th of each even numbered year
for the ensuing two year budget cycle based on the monies available from the
mandatory appropriation provided by Section 50 of this charter. Such funds
shall be included in the regular budget process.
________________
CHAPTER VII
Subject of taxation.
Section 52. The subject of
taxation for municipal purposes shall be the same as for state, county and
school purposes under the general law of the state.
Taxation procedure.
Section 53. The levy, collection and return of state,
county and school taxes shall be in conformance with the general laws of the
state.
Property Tax Limitation
Section 54.
(a) This section establishes a charter tax
limit on ad valorum property taxes, and does not restrict the power to impose
the millages and assessments referenced in subsections (b) and (c). Except as
otherwise provided by law or charter, the City shall annually lay and collect
general purpose taxes in a sum not to exceed the charter tax limit, which charter
limit equals the base limit of 17 mills on each dollar of the taxable value as
equalized of all taxable real and personal property subject to taxation by the City
of Saginaw, reduced according to subsections (b) and (c) of this section.
(b) After the effective date of this
charter, if the voters approve any new or renewed authorization of any ad
valorum citywide special assessment or other ad valorum property tax millage then
the number of mills so authorized and levied is reduced from the base limit for
the next fiscal year following each year it is collected. This includes, but is
not limited to, any future renewal of the Saginaw Public Safety Assessment, the
Saginaw Transit Authority Regional Services millage, or any other millage
levied exclusively upon the property subject to taxation or assessment by the City
of Saginaw during any one fiscal year, but shall not include any voter approved
library millage.
(c) After January 1, 2009, if the City Council
continues to levy an ad valorum solid waste millage, then the number or mills
so authorized and levied is reduced from the base limit for the next fiscal
year following each year it is collected.
Maximum Rate of City
Income Tax
Section 55.
The maximum rate of
City income tax shall be 1.5%. The Council shall cause to be placed on the
ballot, for the general November election in 2016, a ballot question proposing
reduction of the maximum rate of City income tax by two tenths of a percent
(.02%). Thereafter, the Council shall cause to be placed on the ballot, for the
general November election in each succeeding sixth year, a ballot question
proposing reduction of the maximum rate of City income tax by two tenths of a
percent (.02%). In the event the maximum rate has already been reduced below
1.5%, then such subsequent votes shall ask whether the maximum rate of City
income tax should be increased by two tenths of a percent (.02%), reduced by
two tenths of a percent (.02%), or remain the same. The option receiving the
most votes shall be adopted.
Taxpayer Rebate
Section 56.
(a) This section
establishes a rebate. References to taxes in this section are for purpose of
calculation of an independent rebate only, and this section shall not be
construed to affect or impair the assessment, levy, or collection of any tax authorized
or regulated by state law.
(b) If an
individual pays a City income tax obligation in full and on time, and is also
obligated to pay property taxes used exclusively by Saginaw City government,
including ad valorum general City property taxes, garbage taxes, and public
safety assessments (hereinafter called property taxes), then the City shall pay
that individual a dollar for dollar rebate in an amount equal to the entire amount
paid for the last City income tax paid, or in an amount equal to the entire amount
paid for the previous year for property taxes, if paid in full and on time,
whichever amount is less.
(c) “Obligated”, as
used in this section, includes individual land contract buyers who are obligated
to pay any ad valorum general property tax obligations, garbage taxes, and the
public safety assessments according to the terms of a land contract.
Section 57.
(a) As provided by state law, the Council shall adopt an ordinance
establishing the time for the preparation of the assessment roll, the meeting
of the board of review, and the confirmation of the assessment role.
(b) On or before the second
Monday of March of each year the Assessor shall make and certify an assessment
roll of all property in the City liable to taxation in accordance with the
general tax laws of the state. The levy,
collection and return of City, school, state and county taxes shall be in
conformity with state law. The subjects
of taxation for municipal purposes shall be the same as for state, county and
school purposes under the general law.
(c) The Council
shall adopt an ordinance establishing a board of review, pursuant to and in
accordance with the statutes of the State of Michigan.
(d) The board of review shall meet on the second Monday in March of each
year to review and correct the assessment roll.
It shall have the same powers and perform like duties in all respects as
are by general law conferred upon and required of board of review in
townships. The board of review shall
choose its own chairman and a majority of the members shall constitute a
quorum. The Assessor shall be Clerk of
the board and shall keep a record of its proceedings.
(e) Notice of the time and place of the sessions of the board of review
shall be published by the City Clerk at least ten (10) days prior to the second
Monday in March of each year and said notice shall be prominently displayed on
the official City website from a date at least 30 days prior to the date of the
session until the date of the session has passed.
(f) The board shall be in session for purposes of review between the
hours of nine (9) a.m. and twelve (12) noon. The board shall hold at least one
of its required sessions beginning at 3 p.m. except Saturdays and Sundays, and
any other day on which the City Hall is not open to the public, for ten (10)
days. On or before the first Monday in
April the board of review shall enforce the assessment roll as provided by
general law. Such roll shall be the
assessment roll for City, school, state and county taxes and for any other
taxes that may be authorized by law.
Section 58. The
director of finance shall certify to the Assessor the amount of the tax levy
fixed by the Council. The Assessor shall
apportion the tax levy ratably to each person and piece of property on the
assessment roll, and spread said tax together with all special assessments and
reassessed taxes upon said roll.
Section 59. After
extending the taxes on the assessment roll and certifying to such roll, the Assessor
shall make a copy thereof, which shall constitute the tax roll. Forthwith the director of finance shall annex
his warrant to the tax roll, directing and requiring the treasurer to collect
from the several persons named in such roll the several sums set opposite their
respective names. The taxes thus levied
shall become, on July first or as soon thereafter as levied, a debt to the City
from the persons against who they are levied and the amount levied together
with all charges thereon shall become a continuing lien until paid on the
property of the taxpayer, of the same character and extent as the lien created
by general law for state and county taxes.
The treasurer shall have like power and duty to collect City taxes as is
granted to and required of township treasurers in the collection of state and
county taxes.
Section 60. City
property taxes shall be due and payable on the first day of July of each year,
unless otherwise provided by state law. Taxes
are considered paid on time if paid before any penalty is incurred. All taxes
paid on or before the thirty-first day of July of the same year shall be
collected without additional charge. After said thirty-first day of July, there
shall be added one-half (˝) of one percent (1%) for each and every month, or
fraction thereof, to taxes remaining unpaid, together with such collection fee
as the Council may by resolution prescribe, but not exceeding one-half (˝) of
one percent (1%). The Council may by
resolution authorize the treasurer, for a period not extending beyond the next
March first, to accept partial payments on taxes and special assessments
together with interest and collection charges in such manner as the Council may
determine.
Section 61. On the
first day of March following receipt of said roll the treasurer shall return
all unpaid taxes on real property to the county treasurer in the same manner
and with like effect as returns of state and county taxes are made by township
treasurers. Such return shall include
all the additional charges hereinbefore provided, which charges shall in such
return be added to the amount levied in said roll against each
description. The taxes thus returned
shall be collected in the same manner as other taxes returned to such county
treasurer are collected under the provisions of the general tax laws of the
state, and the same rate of interest and all charges shall be collected
thereon, and all taxes and charges upon lands so returned as delinquent shall
be and remain a lien thereon until paid.
At the time of making said return, the treasurer shall make and file in
his office a copy thereof upon which he shall record subsequent collections or
reassessments as returned to him by county treasurer.
____________________
CHAPTER
VIII
Section 62. The Council
shall have power to determine that the whole or any part of the expense of any
public improvement shall be defrayed by special assessments upon the property
especially benefited and shall so declare by resolution. Such resolution shall state the estimated
cost of the improvement, what proportion of the cost thereof shall be paid by
special assessments, and what part, if any, shall be a general obligation of
the City, the number of installments in which assessments may be paid, and
shall designate the districts or land and premises upon which special
assessments shall be levied.
Section 63. The Council
shall prescribe by general ordinance complete special assessment procedure
concerning plans and specifications, estimate of costs, notice of hearing, the
making of the assessment roll and correction of errors, the collection of
special assessments, and any other matters concerning the making of improvements
by the special assessment method.
Section 64. The Council
may acquire, improve and equip off-street areas for the parking of motor
vehicles, and may defray the cost thereof in whole or in part by special
assessment as provided in this chapter for other public improvements.
Section 65. The Council
shall have power to determine that the whole or any part of the cost of
installing a boulevard lighting system on any street may be assessed upon the
lands abutting thereon, subject to such limitations and conditions as are now
or may hereafter be provided in Subdivision 2 of Sec. 4-d of Act No. 279 of the
Public Acts of 1909, as amended.
Sections 62 and 63 of this chapter shall, except where inconsistent
herewith, be applicable to public improvements authorized by this section.
Section 66.
(a) To the fullest extent permitted by law the Council shall have the
power, by affirmative vote of 6 members, to determine, with or without apportionment,
that the whole or any part of the cost of any public improvement or repair
shall be defrayed by special assessment upon the parcels or property especially
benefited and shall so declare by resolution. Except as otherwise provided in
this charter or ordinance, the City shall have all the rights and power
established by state law for the collection and enforcement of special
assessments. The Council shall prescribe by ordinance the complete special
assessment procedure to be used, the preparation and confirmation of the
assessment roll, for the contest of the assessment, and collection of the
assessment.
(b) From the date
of confirmation of any assessment or reassessment roll, the special assessment
shall constitute a lien upon the respective parcels or property assessed and
shall also be a charge against the person or entity to whom assessed until
paid, and in the case of delinquency, may be enforced by addition to any late
return to the county treasurer of regular taxes or by suit against the person
or entity.
(c) Such special
assessment shall not be effective until and unless a majority of the owners of
the affected property have given their written consent thereto. This
restriction shall not apply to voter approved special assessments.
Public Safety Commission
Public Safety Commission
Section 67.
(a) Council shall consolidate by ordinance all existing public safety
administrative service into one Department, including but not limited to the
functions of Police, Fire Prevention, rescue, homeland security, Inspections, zoning
investigations, environmental and public health services, and Public Safety
engineering design. Council shall implement this section on an interim basis
according to the transition schedule in Chapter 14 hereof, and all administrative
consolidation shall take effect as of July 1, 2008.
(b) The Department shall be called the Public Safety Commission, and shall
be responsible for all functions assigned to it by ordinance, which ordinance
shall not be inconsistent with this section. Council shall appropriate
sufficient funds to implement this chapter. Non-civilian employees shall be
known as public safety officers. Existing police and fire stations shall be
known as Public Safety Stations.
(c) The Mayor shall nominate, and the Council shall appoint, members of a
volunteer community public safety citizen’s advisory committee for each
neighborhood public safety station. The meetings shall be chaired by the
individual station commanders and attended by individual station area district Council
persons.
(d) The people of
the City of Saginaw declare that providing for the safety of citizens is of
paramount public concern. Public safety means that officers are to be more
productive employees over the course of their careers, and to use their time
and abilities to effectively handle duties that compliment each of the separate
service areas within the Public Safety Commission. This includes not only an
adequate staff of well trained personnel, but also proper Public Safety. The
Public Safety Commission shall seek sustainable grants to further the public
safety needs of the City, shall seek out appropriate technology to deter,
discover, prevent, and punish crime, shall make studied recommendations for demolition
of abandoned buildings and for the development of cul-de-sacs, road ends,
traffic barriers, safe street grids, traffic cams, and crime preventions webcams,
and plans to prevent crime and criminal flight, fire, disasters, loss of life,
terrorism, unsafe housing, and general blight.
Cross
Certifications
Section 68.
(a) As soon as
practicable, and not later than January 1, 2020, all Public Safety Officers
shall be certified in police, fire, EMS, and inspections, except City policemen
and firefighters, hired before the effective date of this charter, who wish not
to become public safety officers shall be given the option of early retirement
or continue in their traditional role of police officers or fire fighters with
their existing benefits intact, unless otherwise provided by a collective
bargaining agreement. Unless otherwise provided by a collective bargaining
agreement, the Council shall provide that , Policemen and firefighter wishing
to take an early retirement or wishing to seek other employment shall receive 8
months of transition pay, normal salary paid in monthly increments after they
leave the employment of the City of Saginaw.
(b) This section shall not affect any rights vested prior to the
effective date of this charter, or be contrary to the Public Employment Relations
Act (PERA), PA 336 of 1947, as amended by PA 312 of 1969, or any other state
law or, and shall not contravene Act 78 of 1935, unless and until said act is
rescinded by the voters of the City of Saginaw pursuant to Chapter 14 of this
charter. Unless otherwise provided by a collective bargaining agreement, the City
shall not be a party to any agreement after the effective date of this charter
that would prevent or impair the right of the people of the City of Saginaw to
establish and operate a unified public safety Commission.
Incentive and
Visibility
Section 69.
(a) Unless
otherwise provided by a collective bargaining agreement, the Council shall
provide that City policemen and firefighters who were hired before the
effective date of this charter shall receive a 10% pay increase upon lawfully
signing a binding contract to seek certification in the multiple disciplines (MCOLES
and MFFC, plus cross-training) required for the public safety officer program,
and to provide such services upon certification, which shall be reimbursable if
they fail to complete the training.
(b) If any
pre-existing agreement would be violated by these new incentive agreements or
the duties they entail, then no such incentives shall be payable unless all
parties to said pre-existing agreements give binding consent to waive any
provisions that would be violated thereby.
(c) Unless
otherwise provided by a collective bargaining agreement, the Council shall provide
that no person may be hired after the effective date of this charter, unless
specified by pre-existing agreement, without lawfully signing a binding
contract to seek certification in the multiple disciplines (MCOLES and MFFC,
plus cross-training) required for the public safety officer program, and to
provide such services upon certification.
(d) Unless
otherwise provided by a collective bargaining agreement, the Council shall provide
that Public safety officer domiciled within the boundaries of the City of
Saginaw shall receive an availability rebate from the City in the amount of
their personal City income tax paid in full and on time.
(e) Unless
otherwise provided by a collective bargaining agreement, the Council shall provide
that each Public Safety Officer domiciled within the boundaries of the City of
Saginaw shall be assigned individual cruiser 24 hours 7 days a week, which
shall be available for commuting and official Public Safety business only, and
which shall be parked outside the officers home in a conspicuous place at all
other times.
(f) Unless otherwise provided by a collective
bargaining agreement, the Council shall provide that Public Safety Officer domiciled
within the boundaries of the City of Saginaw shall receive an annual 8%
retention, visibility and availability public safety bonus.
(g) Unless
otherwise provided by a collective bargaining agreement, the Council shall provide
that public safety officer’s who wish to domicile within the boundaries of the City
of Saginaw shall be given a Public safety officer owner occupied homestead
allowance of ($10,000) for down payment
on a home or as a retention public safety officer homestead visibility and
availability allowance, subject to reimbursement if the officer leaves the
employment of the City or is not domiciled within the City before the expiration
of 5 years after receiving the allowance.
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CHAPTER X
Section 70. All irrevocable public utility franchises
and all renewals, extensions and amendments thereof shall be granted only by ordinance. No such ordinance shall be adopted before
thirty (30) days after application therefore has been filed with the Council,
nor until a full public hearing has been held thereon. No such ordinance shall become effective
until it has been submitted to the electors and has been approved by
three-fifths of the electors voting thereon.
No such ordinance shall be submitted to the electors at an election to
be held less than sixty (60) days after the grantee named therein has filed its
unconditional acceptance of such franchise, and it shall not be submitted to a
special election unless the expense of holding the election as determined by
the Council shall have been paid to the treasurer by the grantee. No exclusive franchises shall ever be granted
and no franchise shall be granted for a longer term than thirty (30)
years. No such franchise shall be
transferable, directly or indirectly, except with the approval of the Council
expressed by ordinance.
Section 71. All
public utility franchises, whether it be so provided in the ordinance or not,
shall be subject to the right of the City:
(a) to repeal the same for misuse or nonuse, or for failure to comply
therewith; (b) to require proper and adequate extension of plant and service
and the maintenance thereof at the highest practicable standard of efficiency;
(c) to establish reasonable standards of service and quality of products, and
prevent unjust discrimination in service or rates; (d) to make independent
audit and examination of accounts at any time, and to require reports annually;
(e) to require continuous and uninterrupted service to the public in accordance
with the terms of the franchise throughout the entire period thereof; (f) to
impose such other regulations as may be determined by the Council to be
conducive to the safety, welfare and accommodation of the public.
Section 72. All
public utility franchises shall make provision for fixing rates, fares and
charges, and for readjustments thereof at periodic intervals of not more than
five (5) years, either by arbitration upon terms to be specifically set forth
in the franchise, or by any state agency, at the election of the City. The value of the property of the utility used
as a basis for fixing such rates, fares and charges shall in no event include a
value predicated upon the franchise, goodwill or prospective profits.
Section 73. The City
shall have the right to acquire by condemnation or otherwise the property of
any public utility in accordance with the general laws of the state, provided
that the price to be paid shall in no event include any value predicated upon
the franchise, goodwill or prospective profits.
Section 74. Temporary
permits for public utilities, revocable at any time at the will of the Council,
may be granted by the Council by resolution on such terms and conditions as it
shall determine, provided that such permits shall in no event be construed to
be franchises or amendments to franchises. Any such resolution shall be subject to the
referendum provided for by this charter.
Section 75. Every
public utility may be required by the City to permit joint use of its property
and appurtenances located in the streets, alleys and public places of the City
by other utilities insofar as such joint use may be reasonably practicable upon
payment of reasonable rental therefore; provided that in the absence of
agreement, upon application by any public utility, the Council shall provide
for arbitration of the terms and conditions of such joint use and the
compensation to be paid therefore, which award shall be final.
Section 76. The
right to use, control and regulate use of its streets, alleys, bridges, and
public places, and the space above and beneath them is hereby reserved to the City,
and every public utility franchise shall be subject thereto. Every public utility shall pay such part of
the cost of improvements or maintenance of streets, alleys, bridges and public
places, as shall arise from its use thereof and shall protect and save the City
harmless from all damages arising from said use.
_______________
CHAPTER XI.
Recall-initiative-referendum
Section 77. The citizen’s various rights to recall any
elected officer, to initiate legislation, to initiate charter amendments and
revisions, and to have a referendum vote on legislation, are hereby affirmed
and reestablished, and may be exercised in a time, place, and manner according
to state laws.
Charter Mandated
Votes
Section 78. This charter may mandate that the Council shall
by resolution place certain measures or ballot questions on the ballot for a
vote of the people. In such instance the
Mayor shall have no veto power, and shall have no executive authority to
prevent such matter from being placed on the ballot. Such a requirement, where
specifically provided in this charter, shall be considered a clear legal duty
and not a discretionary duty of the Council, regardless of any other provision
of this charter, and shall be self-executing if necessary to secure the right
of the people to vote on the question. Failure or refusal to perform such a
clear legal duty shall constitute a violation of this charter by each Councilperson
who fails to vote in favor of the required resolution, and shall give rise to
an action in the nature of mandamus, or for positive injunctive relief, to
compel performance of the clear legal duty to place a specified measure on the
ballot according to the terms of any charter provision.
__________
CHAPTER XII.
Section 79. All
cemeteries now owned or hereafter acquired by the City, either within or
without its corporate limits, shall be forever dedicated solely to the cemetery
purposes, and all grants or dedications heretofore made to or for cemeteries
shall continue without change, except
for the cemetery divestment required by this chapter. No park or any part thereof now owned or
hereafter acquired by the City, either within or without its corporate limits,
shall be sold by the City unless the sale shall be first approved by
three-fifths of the City electors voting thereon at any general or special
election.
Section 80. All trusts heretofore established for
cemetery, park or other purposes shall be used and continued in accordance with
the terms of the trusts. The City may,
in its discretion, receive and hold any property in trust for cemetery, park or
other public purposes and shall apply the same to the execution of such trusts
and for no other purposes whatsoever.
Section 81. The
amount now standing to the credit of Forest Lawn Cemetery Trust Fund, Oakwood
Cemetery Trust Fund and Brady Hill Cemetery Trust Fund together with
twenty-five percent (25%) of all moneys which shall from time to time be
received from the sale of lots and single graves in said cemeteries shall
constitute trust funds, the income of which shall be used annually as occasion
may require for the general care and maintenance of said cemeteries. Said trust funds shall never, under any
pretext or evasion, be diverted from their declared purposes.
Section 82. The Council
shall cause cemeteries to be laid out into lots, avenues and walks, the plats
thereto to be recorded in the office of the Controller. The Council shall fix the price of such lots,
establish interment permit fees, and regulate the manner of conveyance and
recording of such lots.
Divestment
Section 83. Not later
than January 1, 2020 the City shall divest itself of all interest in any City
owned or controlled cemeteries, cemetery trusts, contracts, endowmments, maintenance and other assets and obligations
relating to cemeteries on terms designed to allow the cemeteries to continue
perpetually as cemeteries, regardless of any charter provision to the contrary.
The divestment deadline may be extended for successive ten 10 year terms by
vote of the people at a general City election, if placed on the ballot by Council
not later than January 1, 2018 and a like date each decade thereafter.
Section 84. The Council shall have power to enact all
ordinances deemed necessary for the establishment, maintenance and protection
of all cemeteries and parks (together with the improvements thereon and
appurtenances thereto) now owned or hereafter acquired by the City, either
within or without its corporate limits and like power with reference to all
cemeteries within the City belonging to, or under the controls of any church,
religious society, corporation, company or association.
_______________
CHAPTER XIII.
Section 85. Every person elected or appointed to any City
office, before entering upon the duties of his office, shall take and subscribe
to an oath of office as provided by general law, including to uphold the city
charter and the Michigan and US Constitutions, which shall be filed and kept in
the office of the City Clerk.
Section 86. Written
notice of election or appointment to any City office shall be mailed by
certified mail to that officer by the City Clerk within forty-eight (48) hours
after the appointment is made or the vote canvassed. If within ten (10) days from the date of receipt
of the notice, such official shall not take, subscribe to and file with the City
Clerk an oath of office, such neglect shall be deemed a refusal to serve and
the office shall thereupon be deemed vacant, unless the Council shall extend
the time in which such officer may qualify.
Section 87. No
person in default to the City shall be eligible for election or appointment to
any City office or employment. No
officer or employee shall hold any remunerative elective or appointive office
outside of the City government except notary public, except as specifically
provided by state law. No officer or employee shall be a candidate for any
elective office or a member of any committee or similar organization of any political
party except that a Councilperson may be a candidate to succeed himself or
herself, except as specifically provided by state law.
No Arbitration
Section 88.
(a) The City of
Saginaw shall not agree to engage in any arbitration proceeding unless
permitted by this charter or required to do so by PA 312 of 1969 (The Public
Employment Relations act (PERA), 1935 PA 78, (Firemen and Policemen Civil
Service System (MCLA 38.518), or any other state or federal law.
(b) The Council
shall, as its first substantive legislative act upon the effective date of this
charter submit by resolution the question of rescission of 1935 PA 78, (Firemen
and Policemen Civil Service System (MCLA 38.518), as it relates to both the
fire Department and police Department, or successor Department, to be placed on
the ballot at the next general City election and at the general City election
every two years thereafter.
(c) The form of ballot question shall be as
follows: “Shall Act No. 78 of the Public Acts of 1935, entitled as amended, 'An
act to establish and provide a board of civil service Commissioners in cities,
villages, and municipalities having full-time paid members in the fire or
police Departments, or both; to provide a civil service system based upon
examination and investigation as to merit, efficiency, and fitness for
appointment, employment, and promotion of all full-time paid members appointed
in the fire and police Departments and respective cities, villages, and
municipalities; to regulate the transfer, reinstatement, suspension, and
discharge of officers, fire fighters, and police officers; and to repeal
certain acts and parts of acts,' be rescinded?
(d) The ballots shall be cast and canvassed, and the results of the
election certified in the same manner as ballots on any question submitted to
the electors of the City. In the event of a majority yes vote in favor of the
rescission of this act by, then this act is immediately rescinded in the City
of Saginaw.
Section 89.
(a) The people of
the City of Saginaw believe that the proper operation of the City requires that
its officers and employees be independent, impartial and responsible; that
public office and employment shall not be used for personal gain; and that
actions not compatible with the best interests of the City be defined and
prohibited.
(b) The Council
shall, not later than one year after the effective date of this charter, by
ordinance establish standards of conduct for public officers and employees,
including civil and criminal penalties. Public officers and employees shall
include all members of the Council, all officers appointed by the Council, all City
employees, and members of any other boards, Commissions or committees. Until
such ordinance is established, the minimum prohibitions established below,
shall have the force and effect of an ordinance, and violation thereof shall be
a misdemeanor with a maximum fine of $500.00 and/or 93 days jail for each act
of violation, with mandatory immediate forfeiture of office or employment, and
all appurtenant benefits, upon conviction for same. Any violation of the
ordinance enacted under this section shall be punishable to the maximum extent
permitted by law, including forfeiture of office or employment.
Any person determined to have violated this
section by a court upon clear and convincing evidence in a charter action
brought by any taxpayer or person qualified to register to vote in the City,
shall be ineligible for a period of five years following such conviction to
hold any City office or position and, if an officer or employee of the City,
shall immediately forfeit his or her office or position. The City Council shall
establish by ordinance such further
substantive rules and penalties as it may deem appropriate.
(c) The ordinance
shall, at a minimum make provide as follows:
1. Any officer or employee is prohibited from
benefiting financially from confidential information which the officer or
employee has obtained by reason of their position or authority;
2. Any officer or employee is prohibited from divulging
to any unauthorized person any confidential information acquired in the course
of holding office or employment;
3. Use of City personnel, property, services or funds
under the officer's or employee's official care and control for personal gain
or benefit, or the benefit of a spouse, household member, or any family member
within two degrees of consanguinity, or to influence the outcome of any public
election in violation of the Public Bodies Act, including removing, or
suffering the removal, of any political sign without the express permission of
a property owner, regardless of whether or not the officer or employee is on
duty, is prohibited;
4. Solicitation or acceptance of a gift, or loan of
money, goods, services or other thing of value which would tend to influence
the manner in which the officer or employee performs official duties, including
a campaign donation based on any specific promise of action is prohibited;
5. Use of official position or authority by any officer
or employee to profit from a business transaction is prohibited;
6. Acceptance of employment or rendering of services
for a private or public interest when that employment or service is
incompatible or in conflict with the discharge of the official duties and
responsibilities of the officer or employee is prohibited;
7. Participation in the fixing of rates, issuance of
permits or certificates, or any other regulation or supervision relating to a
business in which the officer or employee has a financial or personal interest
is prohibited;
8. Making false or misleading statements, certificates,
marks, records or reports with respect to any matter in the course of applying
for or holding office or employment is prohibited;
9. Nepotism in the hiring, firing, discipline, or compensation of
officers, employees, members of boards and Commissions, contractors, or other
agents is prohibited.
10. Appearances by City officials before other City agencies on behalf
of private interests, or before any body where an honorarium or other
compensation is made, other than reimbursement for actual meal, lodging, and
travel expenses, are prohibited.
11. Violation or disregard of the City Charter for the City of Saginaw,
or failure or neglect to promptly disclose and remedy any apparent violation of
the City Charter for the City of Saginaw immediately upon its discovery is
prohibited. Disclosure shall be made in writing to the Council President, City
Manager, Ombudsman, Public Safety Director, and Mayor.
12. Willfully denying and lawful Freedom of Information request, or
concealing or withholding any public record is prohibited, except as
specifically provided by law.
13. Officers or employees who have any conflict between a personal
interest and the public interest as defined by state law, this charter or
ordinance shall fully disclose the nature of the conflict. The disclosure must
be made before or concurrently with performance of their duty. If the officer
or employee is a member of a decision making or advisory body, they must make
disclosure to the chairperson and other members of the body on the official
record. Otherwise, a disclosure would be appropriately addressed by an
appointed officer or employee to their supervisor, or by an elected officer to
the general public.
14. No person shall be appointed to or removed from, or in any way
discriminated against with respect to any City position or appointive City
administrative office because of race, gender, age, height, weight, marital status,
disability, religion, country of origin or political affiliation.
15.
No person who seeks appointment or promotion with respect to any City position
or appointive City administrative office shall directly or indirectly give,
render or pay any money, service or other valuable thing to any person for or
in connection with his or her test, appointment, proposed appointment,
promotion or proposed promotion.
16. A
officer or employee of the city of Saginaw shall not solicit or assist in
soliciting any assessment, subscription or contribution for any political
purpose to be used in conjunction with any City election from any City officer
or City employee, except as expressly provided by state law.
17.
No City officer or City employee shall make, solicit or receive any
contribution to the campaign funds of any committee to be used in a City
election or to campaign funds to be used in support or opposition to any
candidate for election to City office or City ballot issue, except as expressly
provided by state or federal law.
18. No City employee shall participate in
any aspect of any political campaign on behalf of or opposition to any
candidate for City office or City ballot issue while in the course of the
persons employment duties, or at any time while the employee is displaying any
identifying badge, insignia, clothing, or uniform indicating the persons
affiliation with public service or with any unit of government, except as
specifically provided by state law. This section shall not be construed to
limit any person’s right to exercise rights as a citizen to express opinions or
to cast a vote; nor shall it be construed to prohibit any person from active
participation in political campaigns at any other level of government.
19.
Use, or allow the use of, any government communication resource, property,
labor, computer, printer, or government issued email address, for any personal,
business association, non-profit, or political purpose, or for any purpose not
directly and strictly related to the lawful performance of the duties of the
officer, employee, or person on behalf of the City, is prohibited, except as
expressly provided by state law. For purposes of the Public Bodies Act (MCL
169.257) only, the City manager, officers, employees, and members of boards and
Commissions shall not be considered to have “policy making responsibilities”.
.
Section 90. All
offenses in this charter declared to be misdemeanors and all violations of City
ordinances shall be punishable by fine not exceeding five hundred dollars
($500) or imprisonment for a period not exceeding ninety three (93) days, or
both, in the discretion of the court. This section shall not operate to limit
or prejudice the power to remove officers or discharge employees as provided in
this charter.
Legislative
Drafting and Review Services
Section 91. With the approval of Council, the president
of Council may from time to time retain legal, technical, or other professional
services as needed to draft and review proposed legislation and appropriate
money and obligate the City therefore, with prior notice to the Mayor or
manager.
Section 92. The City shall not be liable for unliquidated
damages for personal injuries to persons or property except pursuant to state
laws made and provided therefore.
Section 93. The City shall establish and maintain a
uniform system of accounts as required by state law this charter, ordinance or
resolution. The City shall promptly comply with any applicable federal
Government Accounting Standards Board rules, and in the event such rules
require accrual accounting of City retiree health benefits and other retirement
plans, then the City shall immediately comply and shall promptly disclose and
publish a thorough accounting of the City’s projected liabilities for defined
benefit retirement plans, which accounting shall include a qualified assessment
of the solvency. Under no circumstances shall the City declare itself bankrupt
without a vote of the people.
Section 94.
(a) All records of
the municipality shall be public. All records shall be made available to the
public in compliance with the Michigan Freedom of Information Act.
(b) To establish
transparency in City government, all public records not specifically excluded
from disclosure under the state freedom of information laws and federal privacy
and homeland security laws, including all City Council resolutions, ordinances,
code, rules or other Council actions, all Council minutes, resolutions, journal
entries, written materials received or used by Councilpersons at a meeting,
officer and employee correspondences including emails sent or received on a
government computer, to or from a government issued address including email
address, or correspondences including emails sent or received by the officer or
employee while on duty or in the course and scope of employment, shall be
indexed and placed in a reasonably searchable database available for viewing
free of charge via internet on the official City website, within 5 business
days after the records are generated.
(c) Failure to
strictly comply with this disclosure provision shall not affect the validity of
any law, ordinance, code, or rule, nor shall there be any penalty for
inadvertent or excusable failure to comply with this disclosure provision until
cost effective methods for compliance are available and implemented, or January
1, 2020, whichever is sooner.
(d) On January 1,
2020 and thereafter, every public record shall, at the time it is generated or
received, be immediately placed on City government computer information systems
which shall be separated into open and closed databases. All public records not specifically excluded
from disclosure under the state freedom of information laws and federal privacy
and homeland security laws shall be reasonably indexed, searchable, and open to
public inspection on the official City website, or its equivalent successor.
Official City Website and SGTV
Section 95.
(a) The City shall maintain an official City website on the internet, or
its equivalent, which shall not be used for political purposes other than
announcing the time, place, and manner of elections and providing voter
registration information.
(b) The official City website shall be clearly indexed, operate, and be
available for viewing by the public at reasonable times, with commercially
appropriate redundancy and security measures in place. The means and methods of publishing public
information may be adapted and modernized by Council as circumstances require.
(c) The City may maintain the Saginaw Government Television station
channel, its equivalent, which shall not be used for political purposes other
than announcing the time, place, and manner of elections and providing voter
registration information.
(d) The Clerk shall be responsible for the requirements of this section
and Council shall provide funding sufficient to scan, publish, and archive all
public records. Council may arrange for an official City office for records
archiving, review, and copy in any City Library.
(e) The people encourage Council to provide reasonable low cost
comprehensive wireless internet reception coverage throughout the City, and
authorize the City to take all necessary steps to implement same.
Charter Actions and Citizen standing to sue
Section 96. Any
taxpayer, or other person qualified to register to vote in the City, shall have
standing to sue the City, or any officer or employee thereof in that person’s
official capacity, within 3 years of the accrual of the cause of action, in the
Circuit court for the County of Saginaw to enforce the provisions of this
charter, or establish a violation thereof, by means of injunctive, monetary,
mandamus, and/or other relief. Any provision of this charter which mandates Council
action shall be considered to create a clear
legal duty of the Council. Any City taxpayer, or other person qualified to
register to vote in the City, has a private right of action to establish a
violation of the standards of conduct for City officials and employees
established by this charter and subsequent ordinances. No costs or attorney
fees shall be ordered against a plaintiff unless the action is determined
frivolous under Michigan law. If, and only if, a court determines the illegal
conduct of the City was in wanton and willful disregard of the rights of
citizens, then the plaintiff shall be entitled to reasonable reimbursement for
expenses, including actual attorney fees.
Landowner Protection
Section 97.
(a) If the
existing rights to use, divide, sell or possess private real property are
reduced by the enactment or applicability of any zoning ordinance, land use
ordinance, rule, or resolution enacted after the date the property is
transferred to the owner and such action reduces the fair market value of the
property the owner is entitled to just compensation from City, unless a waiver
is provided for the landowner’s property according the section (d).
(b) This section
does not apply if the City demonstrates that the regulations:
1. Limit or
prohibit a use or division of real property for the protection of the public’s
health and safety, including rules and regulations relating to fire and
building codes, health and sanitation, transportation or traffic control, solid
or hazardous waste and pollution control;
2. Limit or
prohibit the use or division of real property commonly and historically
recognized as a public nuisance under common law;
3. Are required
by state or federal law;
4. Limit or
prohibit the use or division of a property for the purpose of Housing sex
offenders, selling illegal drugs, liquor control, or pornography, obscenity,
nude or topless dancing, and other adult oriented businesses if the Land use
laws are consistent with the constitutions of this state and the United States;
5. Establish
locations for utility facilities;
6. Do not
directly regulate an owner’s land; or
7. Were enacted
before the effective date of this charter.
(c) The owner
shall not be required to first submit a land use application to remove, modify,
vary or otherwise alter the application of the land use law to the owner’s
property as a prerequisite to demanding or receiving just compensation pursuant
to this section.
(d) If a land
use law continues to apply to private real property more than (90) ninety days after the owner of the
property makes a written demand in a specific amount for just compensation to
the City, the owner has a cause of action for just compensation in a court in this county, unless the City and the owner reach
an agreement on the amount of just compensation to be paid, or unless the City
amends, repeals, or issues to the landowner a binding waiver of enforcement of
the land use law on the owner’s specific parcel. Any demand for landowner
relief or any waiver that is granted in lieu of compensation runs with the
land.
(e). An action
for just compensation based on diminution in value must be made or forever
barred within three years of the effective date of the land use law, or of the
first date the reduction of the existing rights to use, divide, sell or possess
property applies to the owner’s parcel, whichever is later.
(f) The remedy
created by this section is in addition to any other remedy that is provided by the
laws and constitution of this state or the United States and is not intended to
modify or replace any other remedy.
(g) Nothing in
this section prohibits this state or any political subdivision of this state
from reaching an agreement with a private property owner to waive a claim for
diminution in value regarding any proposed action by this state or a political
subdivision of this state or action requested by the property owner. A
prevailing plaintiff in an action for just compensation may be awarded costs,
expenses and reasonable attorney fees.
(h) In this
section, unless the context otherwise requires:
1.
“Fair market value” means the most likely price
estimated in terms of Money which the land would bring if exposed for sale in
the open market, with Reasonable time allowed in which to find a purchaser,
buying with knowledge of All the uses and purposes to which it is adapted and
for which it is capable.
2.
“Just compensation” for purposes of an action for
diminution in value Means the sum of money that is equal to the reduction in
fair market value of the property resulting from the enactment of the zoning
ordinance, land use ordinance, rule, or resolution as of the date of enactment.
3.
“owner” means the holder of fee title to the
subject real property.
4.
If a conflict between this section and any state
law arises, he state law controls
Continuity of Government in Disasters
Section
98.
In order to insure continuity of governmental
operations in periods of extreme emergency only, resulting from disasters occurring
in the City caused by enemy attack on the United States, naturally occurring disasters
or other catastrophic occurrences, the City Council shall provide by ordinance
for prompt and temporary succession to the powers and duties of public offices,
of whatever nature and whether filled by election or appointment, the
incumbents of which may become unavailable for carrying on the powers and
duties of such offices; and enact other ordinances necessary and proper for
insuring the continuity of governmental operations.
Section 99. Chapter
and section headings are for convenience only and shall not be considered to be
part of the charter.
____________
CHAPTER XIV.
Section 100.
(a) This proposed charter shall have been submitted to a vote of the
electorate of the City of Saginaw for adoption or rejection at a regular
election held Tuesday May 8, 2007.
(b) The vote shall have been canvassed according to law no later than Thursday
May 10, 2007. The City Clerk shall have delivered and filed 2 written copies of
the approved charter, with the vote for and against duly certified, with the
Michigan secretary of state and the Saginaw county Clerk, no later than 4 P.M.
Friday, May 11, 2007.
(c) The effective date of the revised City charter shall be Friday, May
11, 2007.
Section 101.
(a) The first primary election for nomination of candidates to the
general election, or for a ballot question required or permitted under the
charter, shall be held at the regular election on August 7, 2007. The first
general election of officials to take office under this charter shall be at the
general City election held on November 6, 2007.
(b) A Mayor and five (5) Councilpersons shall be elected for regular
terms at the first general election. Each district shall elect one Councilperson,
and a Council president shall be elected at large.
(c) For the purpose of
facilitating the timely nomination of candidates for elective office for entry
in the first primary election to be held at a regular election in August 7,
2007, a person shall have until 4:00 PM on June 11, 2007 to file for nominating
petitions as a candidate for the office of Mayor or Councilperson. In the event
of any delay in the effective date of this charter, any nominating petitions
for the office of Mayor or Councilperson delivered to the City Clerk on or
before 4:00 PM on June 11, 2007 shall, upon the effective date of this charter,
be considered to have been timely filed with the Clerk nunc pro tunc, and shall entitle the person to a place on the
ballot. This subsection is self-executing.
Schedule for Transition of Political Power
Section 102.
(a) The transition
of political powers and responsibilities of Mayor, Council president, and Council,
the City manager, under this charter shall not take effect until the first
elected Mayor, Council president, and other Councilpersons are elected and take
the oath of office on Monday, November 12, 2007. The Council as constituted
prior to the effective date of this charter shall govern the City until their
successors are elected and take the oath of office, and administrative staff
and officers shall be subject to appointment and removal according to the
Saginaw City Charter of 1936 until November 12, 2007.
(b) The purpose of
this transition schedule is to inaugurate the government under this charter. It
shall constitute a part of this charter only to the extent and for the time
required to accomplish the transition to this charter.
Section 103.
(a) The Council and
City manager shall provide for the continuation and transition of the
operations of City government to comply with this charter.
(b) Except as provided
in this charter, all officers, offices and Departments are abolished at the
commencement of fiscal year 2008-2009, on July 1, 2008. No other officers,
offices and Departments shall be established thereafter without voter approval.
(c) All officers holding
office under the previous charter, shall continue in the normal functions of
their office until their successors shall be chosen and shall qualify, or the
office shall be abolished upon the consolidation of Departments as set forth
herein. Where questions arise concerning
the responsibility and authority of officers, the manager shall temporarily fix
such responsibility and grant such authority as is necessary to maintain the
services of the City.
(d) Council shall,
immediately upon the effective date of this charter, begin a study of
consolidation of all City Departments and functions so that each Department or
office falls under one of the 7 administrative offices established or retained
by this charter. The determination shall be completed on an interim basis by
resolution no later than January 1, 2008, and factored into the 2008-2009
budget. Interim directors for all new and consolidated Departments shall be
appointed no later that January 1, 2008 for the purpose of implementing the
consolidation plan and preparing a proposed budget for the each Department. The
interims plans and budget therefore may be altered by ordinance at any time.
(e) The purpose of
the following consolidation transition hierarchy is to inaugurate the City
administration under this charter in the event Council fails to do so. It shall
constitute a part of this charter only to the extent and for the time required
to accomplish the transition under this charter, and, except as concerns the
Public Safety Commission and Ombudsman, may be altered or amended by ordinance.
The duties listed under various Departments are not exhaustive, and are not to
be construed as creating mandatory charter obligations to provide services, or
to prohibit the creation of services not specifically listed hereinafter. The
seven Departments established under this charter shall, unless otherwise
provided by ordinance, be generally consolidated according to the following
organizational hierarchy:
I.
Clerk: Information Services, Public Records, Legal
Documents, Registered Agent, City Council Facilitator-minutes, journal, codes,
publications, ordinances, legislative history, Legal notices, Licensing, Clerk:
Civil Service Commission, Mail service, Office Supply, Elections Administrator,
Elections Compliance Officer, Voter Registration Files.
II.
Fiscal
Services: Fiscal Services Administration, Budget & Planning Director,
Coordination of Assessor & Treasurer, Controllers Division, Purchasing
Division, Customer Accounting Division, Income Tax Office, Employees Services,
Economic Development, Director: Saginaw Economic Development Corporation, ,
Community Development Block Grant officer.
III.
Treasurer: Collection of Taxes: Distribution of Funds,
Safekeeping and Investment Officer, Treasurer Police and Fire Retirement System,
Uniform Income Tax Ordinance Compliance
IV.
Assessor:
Property Assessments: Master Property Records, Ownership records, Homestead /
Transfer Affidavits, Tax abated properties, Board of Review Administrator, Tax
Tribunal Liaison, Planning and Zoning Division.
V.
Public
Safety: Police, Fire prevention, Rescue, Homeland Security, Inspections, Zoning
Inspections, Dangerous Buildings, Public Safety Engineering Design,
Environmental, Public Health.
VI.
Public
Works: Streets Division, Parks and Facilities Division, Cemeteries, GIS, Water
Maintenance Service, Traffic Engineering, Wastewater Treatment, Potable Water
Treatment & Pumping, and recreation.
VII.
Ombudsman: Bureau of Public Information and Complaint ,
Citizen Advocate, Cost Control Remediation, Disability Act Coordinator, FOIA
Officer, Internal Affairs Investigations, Appointment of Special Investigations,
Standards of conduct.
Abolition of Boards,
Commissions and committees after consolidation
Section 104
All boards, Commissions
and committees shall be consolidated no later than July 1, 2008. All boards, Commissions
and committees which are not authorized or retained in this charter or in any
valid ordinance or resolution are abolished, except boards and Commissions
established or required by state or federal law, or subject to voter oversight,
are abolished commencing July 1, 2008. No other officers, offices and Departments
shall be established thereafter without voter approval.
Section 105. The first Council elected under this
charter shall have authority and responsibility to make any necessary
adjustments in the budget then in force, and throughout the transition period
and the first 2 year budget cycle.
Section 106.
The Council shall
review, adopt, revise, continue, amend or repeal ordinances to comply with this
charter. To the extent inconsistent with this charter, all ordinances,
resolutions, orders, appointments or any other actions of the Council are
repealed. All bylaws, ordinances, resolutions, rules or regulations of the City,
not inconsistent with this charter, in force at the time this charter becomes
effective, shall continue in full force until amended, expired, or
repealed. All administrative powers and
duties there under shall be exercised by the Mayor, manager, or other
appropriate officers.
Pending matters
Section 107. Except as provided in this charter, all
rights, claims, actions, resolutions, orders, powers, contracts, and legal or
administrative proceedings shall be enforced.
Obligations Unaffected,
Preservation of rights and privileges
Section 108. All taxes and assessments levied or
assessed and all charged thereon and all fines and penalties imposed,
uncollected at the time this charter becomes effective, shall be collected as
if such change had not been made; if a different remedy is provided by this
charter, or by any ordinance or resolution adopted pursuant thereto, which can
be made applicable to any rights existing upon the effective date of this
charter, the remedy shall be deemed to be accumulative to the remedies before
provided. Except as provided in this charter, the rights or privileges of any City
employee or officer shall not be affected by the adoption of this charter.
Section 109. The
sections of this charter and the parts thereof are severable, and in the event
of any provision being declared unconstitutional or contrary to state law, it
is hereby declared the intent of the charter Commission and the electors voting
thereon that such unconstitutionality or illegality shall not effect the
validity of any other provision of this charter.
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CHAPTER XV
Section 110. A complete retirement system shall be provided for policemen and firemen of the City by general ordinance.