CHAPTER XIV.
MISCELLANEOUS PROVISIONS
Oath of Office
Section 89. 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, which shall be filed and kept in the office of the city clerk.
Notice of Election or Appointment
Section 90. Written notice of election or appointment of any city officer shall be mailed to him at his address in the city 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 the notice, such officer 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.
Restrictions
Section 91. No person in default to the city shall be eligible for election or appointment to any city office. No officer or employee shall hold any remunerative elective or appointive office outside of the city government except notary public or supervisor. 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 or participate actively in partisan politics, except that a council may be a candidate to succeed himself.
1976 P.A. 169, superseded provision regarding employee political activity. ".or participate actively in partisan politics" ruled unconstitutional - Hargrove v City of Saginaw, U.S. Federal District Court 1984. |
Vacancy Defined
Section 92. 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, moves from the city, is convicted of a felony or judicially declared to be mentally incompetent.
Official Interest in Contracts
Section 93. No elective or appointive officer shall take any official action on any contract or other matter in which he has any financial interest other than the common public interest. Any officer violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall forfeit his office.
Private use of Public Property
Section 94. No officer or employee shall devote any city property or labor to a private use.
Misdemeanors Under Charter
Section 95. 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 (90) days, or both, in the discretion of the court.
Notice by Publication
Section 96. Notices or proceedings requiring publication shall, unless otherwise provided by this charter, be published once in the official newspaper. The council shall annually in May designate the official newspaper for the next fiscal year. In lieu of publication in the official newspaper the council in any particular instance may order such notice or proceeding printed and posted in at least five (5) public places in the city.
Damage Claims
Section 97. The city shall not be liable for unliquidated damages for injuries to persons or property unless the person claiming such damages, or someone in his behalf, shall file a claim in writing with the city clerk within sixty 960) days after such claim for damages shall have accrued. Such claim shall be verified by the claimant, or some person having knowledge of the facts, shall specify the time and place, the nature and extent of the injury sustained, the manner in which it occurred, the specific grounds upon which the claim of liability on the part of the city shall be asserted, the names and addressed of all known witnesses, the name of the attending physician, if any, and an itemized statement of the amounts claimed. Upon filing such claim, the city shall have a reasonable time in which to investigate the same and may require the claimant to produce all witnesses for examination under oath. Failure to file claim or produce witnesses in the manner required in this section shall forever bar any action or proceeding in any court for the collection of such claim. No action shall be maintained in any case unless the same be brought within one year after such injury or damages shall have been received. On trial of action on such claim no witness shall be competent to testify for claimant who was known and not named in the claim filed with the city or not produced upon demand.
City Planning Commission
Section 98. The council shall by ordinance establish and maintain a city planning commission having the powers and duties prescribed by state law.
Uniform Accounting
Section 99. The accounting system of the city shall conform to any uniform system of accounting that may be provided by state law.
Public Records
Section 100. All records of the municipality shall be public.
Headings
Section 101. Chapter and section headings are for convenience only and shall not be considered to be part of the charter.