CHAPTER V.
ADMINISTRATIVE SERVICE
City Manager
Section 25. The council shall appoint a city manager for an indefinite term who shall be the chief administrative officer and the head of the administrative branch of the city government. The manager need not be a resident of the city or the state at the time of his appointment. The council may designate a qualified administrative officer of the city to perform the duties of manager during his absence or disability.
Qualifications
Section 26. The manager shall be chosen solely on the basis of his executive and administrative qualifications with special reference to his training and actual experience in municipal administration. 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.
Removal
Section 27. The manager may be removed by a majority vote of the members of the council as herein provided, except that no manager who has been in the service of the city for one (1) year or more prior to a regular city election shall be removed within the ninety (90) days subsequent to such election unless by a two-thirds vote of the members of the council. At least thirty (30) days before removal of the manager, the council shall adopt a resolution stating its intention to remove him and the reasons therefore, a copy of which shall be served forthwith on the manager, who may within ten (10) days demand a public hearing, in which event the final resolution removing the manager shall not be adopted until such public hearing has been held. Upon passage of a resolution stating the council's intention to remove the manager, the council may suspend him from duty, but his pay shall continue until his removal. The action of the council in removing the manager shall be final.
General Powers and Duties of Manager
Section 28. The manager shall supervise the administrative affairs of the city and shall carry out the policies formulated by the council. He shall be charged with the preservation of the public peace and health and the safety of persons and property, and shall see to the enforcement of the ordinances of the city, this charter and the laws of the state. He shall keep the council informed of the condition and needs of the city and shall make such reports and recommendations as he may deem advisable, and perform such other duties as may be prescribed by this charter, or required of him by ordinance or resolution of the council, not inconsistent with this charter. He shall have the right to take part in the discussion of all matters coming before the council, but not the right to vote.
Appointive Power of Manager
Section 29. The manager shall have power to appoint and remove, subject to the provisions of this charter, all officers and employees in the administrative service of the city; but the manager may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office. The appointments made by or under authority of the manager shall be on the basis of the fitness, training and experience of such appointees for the work they are to perform. All such appointments shall be without definite term unless for provisional, temporary or emergency service not to exceed the maximum periods which may be prescribed by personnel regulations.
Council Not to Interfere in Appointments or Removals
Section 30. Neither the council nor any of its committees or members shall direct or request the appointment of any person to or his removal from office or employment by the manager or any of his subordinates. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager, and neither the council nor any member thereof shall give orders to any subordinate of the manager either publicly or privately. Any violation of the provisions of this section by a councilman shall be a misdemeanor, conviction of which shall constitute immediate forfeiture of his office.
Appointive Officers
Section 31. The manager shall appoint a city clerk, treasurer, assessor, police chief, fire chief, health officer, purchasing officer, city attorney, director of public works and director of finance who shall be ex-officio controller and shall appoint such other officers and heads of departments as may be deemed necessary. The powers and duties of these officers and heads of departments shall be those prescribed by state law, by charter and by ordinance. The compensation of officers and employees shall be fixed by the council.
Administrative Departments
Section 32. The administrative service shall be divided into such departments, divisions, and bureaus as may be provided by ordinance upon recommendation of the manager. Such ordinance shall be known as "Administrative Code." Pending the passage of such code the manager may establish temporary regulations. Each officer or director shall, subject to approval by the manager, have supervision and control of his department and shall have power to prescribe rules and regulations, not inconsistent with this charter and the administrative code.
Purchasing Procedure
Section 33. Competitive bids for all purchases and public improvements shall be obtained where practicable and contracts awarded to the lowest and best bidders. Sealed bids shall be asked for in all transactions involving the expenditure of two thousand dollars ($2,000) 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 manager may so authorize. Detailed purchasing and contracting procedure shall be established by ordinance. The council may authorize the making of public improvements by day labor.
Investigations
Section 34. The council, the manager, or any person or committee authorized by either of them, shall have power to inquire into the conduct of any department, officer or officer of the city and to make investigation as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall be a misdemeanor.
Bureau of Public Information and Complaint
Section 35. There is hereby established within the administrative service a bureau to be known as "Bureau of Public Information and Complaint" under the direction of an official appointed by the manager. It shall be the duty of such bureau to furnish information concerning the city government and to receive the complaints of citizens relative to the public service for investigation and report. The procedure for handling complaints shall be specified by executive order of the manager or prescribed in the administrative code. The bureau here created may be assigned other duties not inconsistent with the purpose of this section.
Supervisors
Section 36. The number of representatives to which the city may be entitled by law on the board of supervisors of Saginaw County shall be appointed by the council. Any citizen or elective or appointive official may be appointed supervisor and shall hold office at the pleasure of the council. If any representative of the city on the county board of supervisors shall be unable to attend the meetings of the board for any reason, the council may appoint a qualified person to discharge the duties of such office, during his absence or disability. Supervisors shall be entitled to retain compensation received in such capacity.
Procedure in Appointing Supervisors
Section 36(a). In making appointments to the board of supervisors, other than appointments to serve during the absence or disability of a city representative, no candidates shall be proposed until one week after the council shall have determined that an appointment is to be made to such office, and the names of all candidates shall be presented at least one week prior to the appointment.
Section 36(a) added (Amendment No. 4)
Effective April 24, 1953
Sections 36 and 36(a) superseded. County apportioned into commissioner districts and all commissioners elected (1966 P.A. 261, as amended, MCLA 46.401). |
Board of Review
Section 37. The council shall appoint a board of review of five (5) citizens 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.