Milan, Michigan -- City Charter

There shall be a mayor and six councilmen who shall be nominated and elected by the electors of the city at large. The council shall be composed of seven members consisting of a mayor and six councilmen. The mayor shall be the executive head of the city. The council shall constitute the legislative body of the city and shall have power and authority, except as in this charter or by statute otherwise provided, to exercise all powers conferred upon or possessed by the city, and shall have the power and authority to adopt such laws, ordinances and resolutions as it shall deem proper in the exercise thereof. In all cases where the word "council" is used in this charter, the name shall be synonymous with the word commission or any other term used in any state or federal law referring to municipal legislative bodies.

Members of the Council shall meet the eligibility requirements contained in Section 5.1 of this charter. The Council shall be the sole judge of the election and qualification of its own members, subject only to review by the Court.

Section 4.3. Reserved.

[NOTE: THIS PROVISION OF THE CHARTER IS OBSOLETE]

[OBSOLETE]

[OBSOLETE]

The Mayor Pro Tem shall be the council person who receives the highest number of votes cast at the election when this charter is voted upon who shall serve until the first council meeting following the second biennial election. Thereafter, the Mayor Pro Tem shall be the councilperson who shall have served a tenure of two (2) years and has received the highest number of votes cast at the time of his or her election to office. In the case of the absence or disability of the Mayor, the Mayor Pro Tem shall perform the duties of the Mayor during the period of such absence or disability. Provided, however, that no appointments made by the Mayor Pro Tem shall be permanent until such appointee shall have served for a period of sixty (60) days following his or her appointment. In the event of the absence or disability of both the Mayor and Mayor Pro Tem, the council shall designate another of its members to serve as acting Mayor during such absence or disability; provided, however, that such acting Mayor shall have only the same restricted powers of the Mayor Pro Tem as specified in this Section 4.7.

The administrative elective officer of the city shall be the Mayor, and the following administrative appointive officers shall be: the City Clerk, City Assessor and City Treasurer, City Attorney, Chief of Police, Fire Chief, and Director of Public Works, and such additional administrative officers or departments as may be created by ordinance. The council may by ordinance create additional administrative offices and departments, and may by ordinance combine any administrative offices and departments in any manner it deems necessary or advisable for the proper and efficient operation of the City, and shall prescribe the functions of each office and department and the duties, authorities and responsibilities of the officers of each department.

Except as otherwise provided in this charter, the Mayor shall within thirty days after his taking of office following his election for the office of Mayor, appoint all administrative officers and the department heads of the City Government, whether the office be established by this charter or as may be created by ordinance. Provided, however, that the City Attorney shall be appointed by the Mayor, but such appointment shall not be effective until it is confirmed by majority vote of the City Council. In case the Mayor fails to make any appointments within the herein provided thirty days within which such appointments may be made, the Council shall make such appointments, as the case may be.

The appointive administrative officers or department heads shall be responsible to the Mayor, but shall serve at the discretion and pleasure of the Council for an indefinite term, and shall have their compensation fixed by the Council.  The Council shall have the power by simple majority to remove from office any appointive administrative officer or department head. Such removed officer or officers shall not be reappointed to the same office during the same term of the office of the incumbent Mayor.  Provided, further, however, that such removed officer may be appointed by the Mayor to another office, but such appointment shall not be effective until it is confirmed by majority vote of the City Council.  In case the Council shall so remove an appointee of the Mayor, the term of office of such appointee shall terminate, and the Mayor shall proceed to fill the vacancy so created in accordance with the provisions hereinabove set forth for the appointment of administrative officers and department heads. In case the Mayor fails to make any such appointments within the provided period within which such appointment may be made, the Council shall make such appointment, as the case may be.

Under the provisions of this charter the Mayor shall in addition to any powers and duties otherwise provided by law, have powers and duties as follows:

(a) He shall be the executive head of the City.

(b) He shall have a voice and vote in all proceedings of the council equal with that of the other members of the council, except as otherwise provided in this charter, but shall have no veto power.

(c) He shall be the presiding member of the Council.

(d) He shall be the conservator of the peace and in emergencies may exercise within the City, the powers conferred upon sheriffs to suppress riot and disorders, and shall have authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances and regulations of the Council and the authority of the City government.

(e) The Mayor shall execute or authenticate by his signature such instruments as this charter or any statutes of the State of Michigan or the Laws of the United States shall require.

(f) He shall see that all the laws and ordinances are enforced.

(g) Except as in this charter otherwise provided, he shall have power of appointment and removal of all appointed administrative officers and department heads.

(h) He shall see that all terms and conditions imposed in favor of the City or its inhabitants, and any public utility franchise or any contract, are faithfully kept and performed.

(i) He shall be responsible for the preparation and administration of the annual budget, and keep the Council fully advised at all times as to the financial condition and needs of the City.

(j) He shall be responsible for the establishment and maintenance of a general accounting plan for the City government, which shall conform to any uniform system of accounting prescribed for cities by law.

(k) He shall recommend to the Council for adoption such measures as he may deem necessary or expedient.

(l) He shall be responsible for the efficient administration of all departments of the City government.

(m) He shall approve the rules and regulations of the several departments of the City government.

(n) He shall exercise and perform all administrative functions of the City not imposed upon some other officer of the City by law, this charter or any state ordinance or regulations not inconsistent with the provisions of this charter.

(o) He shall have such other powers and perform such other duties as may be prescribed by law, this charter, or as may be required of him by ordinance or direction of the council.

The Council shall have the power to create by ordinance, an administrative assistant officer. Said ordinance, if enacted, shall provide that he shall be chosen by the mayor on the basis of his executive and administrative qualifications [and] shall be a full time administrative assistant officer of the mayor. He shall be accountable and responsible to the mayor for the performance of his duties. It shall be the duty of the administrative assistant officer to assist the mayor as he shall be directed by him, in:

(a) Directing, supervising and coordinating the work of the controller, city engineer, chief of police, fire chief and director of public works, and such additional administrative offices as the council may from time to time establish, and providing for efficient administration of all departments of the city government.

(b) Preparing and administering the annual budget, and keeping the council fully advised at all times as to the financial condition and needs of the city.

(c) Efficiently administering all departments of the city government.

(d) Keeping informed with respect to the administration of the several administrative departments, and to that end the heads of all administrative departments shall furnish him with such information and periodical or special reports as the mayor may deem necessary.

(e) Performing such additional duties as he may be directed by the mayor.

(f) And he shall also attend all meetings of the council with the right to take part in all discussions but without the right to vote, and the mayor may appoint an acting administrative officer during the period of a vacancy in the office, or during the absence of the administrative officer [who,] while he is in such office shall have all the responsibilities, duties, functions and authority of the administrative assistant officer.

Section 4.12.  City Attorney.

 (a) The Attorney shall be attorney and counsel for the city, and shall be responsible to the Council.  He shall act as legal advisor to the Mayor, and be attorney and counsel for the council and all of its members relating to their official duties.  He shall give written opinions to any officer or department head or commission of the City when requested in writing by the Mayor, the council or commission so to do, and shall file a copy of the same with the City Clerk.  

(b) He may be directed by the council to prosecute ordinance violations and to represent the City in cases before Courts and other tribunals.  He shall file with the Clerk copies of such records and files relating thereto as the Council may direct.  

(c) He shall prepare or review all ordinances, regulations, contracts, bonds, and such other instruments as may be required by this charter or by the council and shall promptly give his opinion as to the legality thereof.  

(d) He shall attend such regular and special meetings as requested by the Council.  

(e) Upon recommendation of the attorney, or upon its own initiative the Council may retain special legal counsel to handle any matter in which the City has an interest, or to assist in counsel with the City Attorney therein.

Section 4.13.  Clerk.

 (a) The Clerk shall be the clerk of the council and shall attend its meetings and keep its journal.  

(b) He shall keep a public record of all proceedings of the Council and shall authenticate the same by his signature.  

(c) He shall certify by his signature all ordinances and resolutions enacted or adopted by the council.  

(d) He shall be custodian of all papers, documents, bonds, and records pertaining to the City, unless the custody thereof is otherwise provided by law or this charter.  

(e)  He shall be custodian of the City seal and shall affix it to documents and attest the same.

(f) He shall give notice to the proper officials of the expiration or termination of each franchise and contract to which the City is a party, and to City officers, personally, of the expiration of the terms of their respective offices and of any official bonds required of them.  

(g) Under authority of the Council, he shall sign or countersign all contracts, deeds, licenses, or other public documents, on behalf of the City, and shall keep a record thereof.  

(h) He shall publish and post all notices, proceedings, and other matters required to be published or posted by law, this charter, or ordinance.  

(i) He shall be the chief elections officer of the City.  

(j) He shall perform such other duties as may be required of him by law, this charter, or the ordinances and resolutions of the Council.

Section 4.14.  Treasurer.  

(a) The Treasurer shall have custody of all moneys, funds, and securities of the City, keep accounts thereof, deposit the same in the manner and in the places designated by the Council and report the same forthwith in detail to the Council.  

(b) Except as otherwise provided by this charter or by ordinance, he shall collect all moneys of the City, including charges for water and sewer services. He shall receive from other officers and employees all moneys belonging to and receivable by the City that may be collected by them, and shall give receipt therefore.  

(c)  For the collection of taxes he shall have and shall exercise all of the powers and immunities which are granted and reserved to him by this charter and by law.  

(d)  He shall disburse all city funds in accordance with the provisions of law and this charter, and shall sign or countersign all checks or warrants accordingly.  

(e)  He shall perform such other duties as may be prescribed for him by law, this charter, or ordinances or resolutions of the council.  

Section 4.15.  Assessor.  

The Assessor shall possess alt he powers vested in him and shall be charged with all the duties imposed upon assessing officers by statute, and he shall prepare all regular and special assessment rolls in the manner prescribed by this charter, or ordinance or by statute.  He shall perform such other duties as may be prescribed for him by this charter [or] by the Council.  

Section 4.16.  Chief of police.  

The Chief of Police shall be the administrative head of the Police Department, and he shall be accountable and responsible to the Mayor for the performance of his duties.  He shall perform all duties as may be prescribed for him by law, this charter, the Mayor and/or ordinance or resolutions of the Council.  

Section 4.17.  Fire chief.  

The Fire Chief shall be the administrative head of the Fire Department and he shall be accountable and responsible to the Mayor for the performance of his duties.  He shall perform all duties as may be prescribed for him by law, this charter, the Mayor, and/or ordinances or resolutions of the Council.  

Section 4.18.  Director of public works.  

The Director of Public Works shall be the administrative head of the Department of Public Works, and he shall be accountable and responsible to the Mayor for the performance of his duties.  

He shall be responsible for the maintenance, alteration, improvement and repair of streets, highways, sewers, sewage disposal facilities, water mains and water facilities, and all other public grounds, buildings, facilities and equipment which are not placed under the charge of some other department or this Charter, the Mayor, and/or Council, in accordance with the authority granted by this charter.  

He shall perform such other duties as may be prescribed by law, this charter, or as may be required of him by the Mayor, and/or ordinances or resolutions of the Council.  

Section 4.19.  Personnel.  

The personnel of the City other than elected and appointive officers, shall be deemed City employees.  The Council may with respect to City employees, establish a merit system for their selection, tenure, promotion, discharge and fixing of terms and conditions of employment of City employees, the City shall not discriminate on grounds of race, color, religion or national origin.

Section 4.20.  Appointive department officers.  

The head of each department shall have the power to hire, suspend, discharge or otherwise take other appropriate disciplinary action against the employees of his department, with confirmation by the Council.  An employee who has been discharged may within ten days thereafter petition the Council to hear the facts regarding such discharge, and in such case the council may in its sole discretion order a hearing and inquire into such facts, and may make such decision in the matter as it considers proper.  

Section 4.21.  Deputy administrative officers.  

The administrative officers may recommend to the Council the appointment and/or termination of their respective deputies and may also recommend person or persons to such office.  Such deputies as may be appointed by the Council shall in any case, possess all of the powers and authorities of their superior officers except as the same may be from time to time limited by their superior officers.  

Section 4.22.  Planning and zoning.  

The council shall maintain a City Planning Commission in accordance with and having the powers and duties granted by the provisions of statute relation to such commissions.  

The council shall maintain a zoning ordinance in accordance with the provisions of statute relation to such ordinances. Insofar as may be, such ordinance shall provide that Zoning be coordinated with the work of the City Planning Commission, and a Zoning Board of Appeals consisting of five members who shall be freeholders and of whom not less than one nor more than two shall be administrative officers.  Insofar as may be, said Zoning Board of Appeals shall coordinate its work with the Building and Safety Appeal Board as hereinafter provided.

Section 4.23.  Building and safety.  

The Council shall maintain a building and safety ordinance in accordance with the provisions of statute relation to such ordinances and a building and safety appeal board consisting of five members who shall be Freeholders and of whom not less than one nor more than two shall be administrative officers.  Insofar as may be, said board shall coordinate with the Zoning Board of Appeals as hereinabove provided.

Section 4.24. Independent board and commission.