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HomeMy WebLinkAboutCity Charter.2015 City of Lansing City Charter The Charter of the City of Lansing was adopted by the voters of Lansing on August 8, 1978 and is included in full including amendments adopted in 1993, 1994, 2012, 2013, 2014, and 2015. Prepared by: Lansing City Clerk’s Office Chris Swope, City Clerk LANSING CITY CHARTER Table of Contents 2-407 Submission By Council 5 Chapter 1. GOVERNMENT 1 2-408 Determining Result Of Election 5 1-101 Establishment Of Government 1 2-409 Amendment, Repeal And Reenactment 5 1-102 Boundaries 1 2-410 Charter Revision Question 5 2-411 Charter Amendments 5 Chapter 2. INTERPRETATION OF CHARTER 1 1-201 Powers Of The City 1 1-202 Liberal Construction 1 ARTICLE 3 – LEGISLATIVE BRANCH 5 1-203 Severability 1 1-204 Article, Chapter And Section Headings 1 Chapter 1. STRUCTURE 5 1-205 Definitions 1 3-101 City Council 5 3-102 Organization Of Council 5 Chapter 3 RIGHTS OF PUBLIC 1 3-103 Rules 6 1-301 City Records To Be Public 1 3-104 Maintenance Of Order 6 1-302 Non-Discrimination And Civil Rights 2 Chapter 2. MEETINGS OF COUNCIL 6 Chapter 4. GOVERNMENTAL COOPERATION 2 3-201 Meetings 6 1-401 Intergovernmental Cooperation 2 3-202 Special Meetings 6 1-402 Intergovernmental Services And Agreements 2 3-203 Quorum 6 1-403 Judiciary 2 3-204 Attendance At Meetings 6 3-205 Voting 6 Chapter 5 PENALTIES 2 3-206 Investigations 6 1-501 Penalties For Violation Of Charter 2 3-207 Rights And Responsibilities Of Council Members 6 ARTICLE 2 – OFFICERS AND ELECTIONS 2 Chapter 3. LEGISLATION 7 3-301 City Action Requiring An Ordinance 7 Chapter 1. OFFICERS 2 3-302 Introduction Of Ordinances 7 2-101 Elective Officers 2 3-303 Public Hearing On Ordinance 7 2-102 Qualifications For Elective Office 2 3-304 Publication After Enactment 7 2-103 Ineligibility For Office 2 3-305 Veto 7 2-104 Compensation Of Officers 2 3-306 Effective Date Of Ordinance 7 2-105 Bonds Of Officers 3 3-307 Expiration Of Ordinances 7 2-106 Oath Of Office 3 3-308 Emergency Ordinances 8 3-309 Codification Of Ordinances 8 Chapter 2. ELECTION OF OFFICERS 3 3-310 Public Peace, Health And Safety 8 2-201 Time Of Elections 3 2-202 Non-Partisan Ballot 3 Chapter 4 - INTERNAL AND EXTERNAL AUDITS 8 2-203 Wards 3 3-401 Internal Auditor 8 2-204 Method Of Nomination 3 3-402 Powers And Duties 8 2-205 Election Commission 3 3-403 Limitations 8 2-206 State Law To Apply 3 3-404 External Audit 8 Chapter 3 VACANCIES 3 Chapter 5. COUNCIL STAFF 9 2-301 Absence From Office 3 3-501 Council Staff 9 2-302 Forfeiture And Removal For Cause 3 2-303 Filling Vacancies 4 2-304 Temporary Absence Of Mayor 4 ARTICLE 4 – EXECUTIVE BRANCH 9 Chapter 4. BALLOT ISSUES 4 Chapter 1. MAYOR 9 2-401 Recall 4 4-101 Mayor 9 2-402 Initiative And Referendum 4 4-102 Obligations Of Leadership 9 2-403 Petitions For Initiative And Referendum 4 2-404 Suspension Of Referred Ordinance 4 Chapter 2. EXECUTIVE STAFF 9 2-405 Council Action On Petitions 4 4-201 Executive Assistant To The Mayor 9 2-406 Special Elections 5 Chapter 3 DEPARTMENTS 10 Chapter 1. MERIT SYSTEM 19 4-301 Organization Of Departments 10 6-101 Personnel Merit System 19 4-302 Finance Department 10 6-102 Administration Of Personnel Merit System 19 4-303 Fire Department 10 4-304 Law Department 11 Chapter 2. LABOR RELATIONS 19 4-305 Parks And Recreation Department 11 6-201 Labor Management Activities 19 4-306 Planning Department 11 4-307 Police Department 11 Chapter 3. PROHIBITION AGAINST DISCRIMINATION 4-308 Public Service Department 12 19 6-301 Non-Discrimination 19 Chapter 4 - DEPARTMENT AND AGENCY HEADS 12 4-401 Heads Of Departments 12 Chapter 4 EMPLOYMENT CONTRACTS 19 4-402 Heads Of Agencies 12 6-401 Limitation on Employment Contracts 19 Chapter 5. CLERK 12 ARTICLE 7 – TAXATION AND FINANCE 19 4-501 City Clerk. 12 4-502 Chief Deputy City Clerk 12 Chapter 1. BUDGET 19 7-101 Submission Of Budget 19 ARTICLE 5 – BOARDS AND COMMISSIONS 7-102 Council Budget Priorities 19 7-103 Budget Message 19 13 7-104 Budget Hearing 20 7-105 Adoption Of Budget Resolution 20 Chapter 1. GENERAL PROVISIONS FOR BOARDS 13 7-106 Item Veto 20 5-101 Citizen Involvement In Government 13 7-107 Effect Of Appropriation 20 5-102 Types Of Boards 13 7-108 Supplemental Appropriations 20 5-103 Appointment Of Board Members 13 7-109 Capital Improvements Plan 20 5-104 Ineligibility For Boards 14 7-110 Control Of Expenditures 21 5-105 Organization Of Boards - Rules Of Procedure 14 7-111 Uniform System Of Accounts 21 5-106 Advisory Board Functions 14 5-107 Continuation Of Existing Boards 14 Chapter 2. TAXATION 21 5-108 Limitation On Powers Of Boards 14 7-201 Power To Tax; Tax Limit 21 7-202 Subjects Of Taxation 21 Chapter 2. BOARD OF WATER AND LIGHT 15 7-203 Exemptions 21 5-201 Board Of Water And Light 15 7-204 Duties Of The City Assessor 21 5-202 Director, Internal Auditor, Secretary 15 7-205 Board Of Review 21 5-203 Powers Of The Board 15 7-206 Taxes Become Lien 21 5-204 Withdrawal Of Funds 15 7-207 State, City, County, School And Community 5-205 Rates 16 College Taxes 22 5-206 Collection And Hearing Procedure 16 7-208 Collection Of Taxes 22 5-207 Sale Or Exchange Of Facilities 16 7-209 Delinquent Tax Collection Procedure 22 Chapter 3. BOARD OF POLICE COMMISSIONERS 16 Chapter 3. BORROWING 22 5-301 Duties 16 7-301 General Borrowing Power 22 5-302 Investigatory Power 16 7-302 Limitations On Borrowing 22 7-303 Use Of Borrowed Funds 22 Chapter 4. BOARD OF FIRE COMMISSIONERS 16 7-304 Execution Of Obligations 22 5-401 Duties 16 7-305 Special Assessment Bonds 22 CHAPTER 5. BOARD OF ETHICS 17 Chapter 4. SPECIAL ASSESSMENTS 22 5-501 Standards Of Conduct 17 7-401 Power To Assess 22 5-502 Membership 17 7-402 Procedure Ordinance 23 5-503 Duties 17 7-403 Additional Assessments 23 5-504 Protection Of Public Interest 18 7-404 Contest Of Assessments 23 5-505 Conflict Of Interest 18 7-405 Lien And Collection Of Special Assessments 23 7-406 Postponement Of Payments 23 Chapter 6. PLANNING BOARD 18 7-407 Special Assessment Accounts 23 5-601 Planning Board 18 7-408 All Property Liable For Special Assessment 23 5-602 Powers And Duties 18 ARTICLE 8 – REGULATORY POWERS AND ARTICLE 6 – CITY EMPLOYEES 19 CONTRACTS 23 Chapter 1. LICENSING 23 Chapter 1. CONTINUITY OF OFFICERS 26 8-101 Regulatory Power 23 9-101 Status Of Officers 26 8-102 Issuance Of Licenses 24 9-102 Compensation Of Officers 26 9-103 First Ordinances On Qualifications 26 Chapter 2. FRANCHISES 24 8-201 Limitations On Franchise 24 Chapter 2. CONTINUITY OF RIGHTS AND 8-202 Standard Provisions Of Public Utility FranchiseLEGISLATION 26 24 9-201 Existing City Legislation And Rules 26 9-202 Vested Rights And Liabilities 26 9-203 Pensions 26 Chapter 3. PUBLIC UTILITIES 24 9-204 Changes Of Time Schedules 26 8-301 Public Utility Services Of City 24 9-205 Council Action On Transition 26 8-302 Disposal Of Municipal Utility Plants And Property 24 8-303 Rates 25 Chapter 3 COMMENCEMENT OF NEW CHARTER 26 8-304 Collection Of Municipal Utility Charges 25 9-301 Effective Date Of This Charter 26 9-302 First Election Under This Charter 26 Chapter 4. PROPERTY 25 8-401 Purchases Of Personal Property And ServicesChapter 4. ADOPTION OF CHARTER 26 25 9-401 Submission Of Charter To Electorate 26 8-402 Sales Of Personal Property 25 9-402 Form Of Question 27 8-403 Purchase And Sale Of Real Property 25 CHARTER COMMISSION STATEMENT 28 Chapter 5. MARIJUANA 26 8-501 Applicability of Code of Ordinances to Marijuana 26 RESOLUTION OF ADOPTION 29 ARTICLE 9 – TRANSITION 26 ARTICLE 1 – GENERAL Chapter 1. GOVERNMENT ELECTORS means persons registered to vote in the City. Percentages of electors shall be determined as of 1-101 Establishment Of Government the most recent election. The people of the City of Lansing, by adoption of this home rule Charter, create and continue a body corporate FRANCHISE means the grant of a right by the City known as the "City of Lansing" and provide for pursuant to law. The Board of Water and Light as a continuing control of their municipal corporation. permanent agency of Lansing City Government is not the recipient of a franchise of the City of Lansing. 1-102 Boundaries The boundaries of the City existing when this Charter INQUIRY means a request for information. There is no takes effect continue in effect until changed in intention in this Charter to distinguish between inquiries accordance with law. made by City officials and inquiries made by private citizens. Chapter 2. INTERPRETATION OF CHARTER LAW refers to principles of conduct, which must be 1-201 Powers Of The City obeyed. There is no intention in this Charter to The City has the comprehensive home rule power distinguish among those jurisdictions with power to conferred upon it by the Michigan Constitution, subject declare the law unless specific reference is made to only to the limitations on the exercise of that power federal law, state law or local law. There is no intention contained in the Constitution or this Charter or imposed to limit the meaning of LAW to those laws in effect on the by statute. The City also has all other powers, which a effective date of the Charter. city may possess under the Constitution and laws of this State. MEMBERS ELECT means that all seats are counted in determining an ordinary or extraordinary majority. 1-202 Liberal Construction The powers of the City under this Charter shall be MEMBERS PRESENT means that neither vacant seats construed liberally in favor of the City. The specific nor seats of absent members are counted in determining mention of particular powers in the Charter shall not be an ordinary or extraordinary majority. construed as limiting in any way the powers of the City MEMBERS SERVING means that seats of absent as stated in Section 1-201. members are counted in determining an ordinary or 1-203 Severability extraordinary majority, but vacant seats are not counted. If any provision of this Charter or the application thereof OFFICER includes, but is not limited to, the elected to any person or circumstance is held invalid, the officials of the City, the members of boards and invalidity shall not affect other provisions of applications commissions, and their executive staffs, all heads of of the Charter. departments and divisions. 1-204 Article, Chapter And Section Headings ORDINANCE means a local law enacted by the The article, chapter and section headings and catch legislative body of the City of Lansing either prior to the lines used in this Charter are for convenience only, and effective date of this Charter or subsequently. shall not add or subtract from the meaning of the words of this Charter. PERSON means both men and women and artificial entities, recognized as persons by state law. 1-205 Definitions The definitions provided in this section shall control the PUBLISH means making something public in the interpretation of the defined words when used in this manner stated in or authorized by this Charter, or if no Charter unless the context clearly indicates otherwise. direction is given in this Charter, in one or more newspapers circulated in the City or by posting on the AGENCY means any board, commission, department, official bulletin boards of the City. division, office or other organization of City government and includes any elective officer, appointee, or person SECTION means the basic unit of this Charter. acting or purporting to act in the exercise of official RELATED SECTIONS are grouped into CHAPTERS. duties. RELATED CHAPTERS are grouped into nine ARTICLES. AGENCY OF THE EXECUTIVE BRANCH means those instrumentalities of government under the direction of STATUTE means a Public Act of the State of Michigan the Mayor in Article 4 of this Charter and does not refer as it exists at the time the provision containing the word to any elected officer. STATUTE is to be applied. BOARD means a group of persons organized for Chapter 3 RIGHTS OF PUBLIC governmental purpose and includes commissions and 1-301 City Records To Be Public committees. .1 All records of the City shall be public, in accordance with State law, and shall be kept in City offices, except when required for official reasons to be elsewhere, and 1 shall be available for inspection during regular business .2 The City may participate in organizations, both hours. governmental and non-governmental in or beyond the corporate limits of the City. The participation of the City .2 No person shall dispose of, mutilate, or destroy any in those organizations is not subject to the limitations of records of the City, except as provided by law. this Charter. The City shall endeavor to secure the application of the principle of one person, one vote in 1-302 Non-Discrimination And Civil Rights any regional body. The City appointees to such .1 In the exercise of its powers or in the performance of organization shall file a report on their activities with the its duties the City and all of its agencies shall ensure that Mayor and City Council at least once a year. no person or group engaged in the conduct of official business or seeking to do business with the City is 1-402 Intergovernmental Services And Agreements discriminated against because of race, creed, political .1 In addition to other services the City shall have the orientation, color, national origin, marital status, sex, authority to extend police and fire protection to property age, handicap or for any cause not reasonably related to owned by any unit of government. the accomplishment of a legitimate governmental purpose, and shall take whatever action is necessary to .2 The City may enter into any agreement or contract accomplish this purpose. with any unit of government providing for the availability of police or fire services or for the compensation of the .2 The City and all its agencies shall ensure that the civil City for police or fire services. and constitutional rights of all persons are not denied or 1-403 Judiciary abridged. Judicial authority shall be organized and exercised Chapter 4. GOVERNMENTAL COOPERATION pursuant to State law. 1-401 Intergovernmental Cooperation Chapter 5 PENALTIES .1 The City shall, whenever it is feasible and beneficial, adopt a cooperative intergovernmental approach to the 1-501 Penalties For Violation Of Charter solution of urban problems. For this purpose the City Any person found guilty of an act constituting a violation shall have the power to join with any unit of government of this Charter may be punished by a fine not exceeding whether local, state or federal, or with any number or five hundred dollars or by imprisonment for not to combination thereof, by contract or otherwise, as may be exceed 90 days, or both, in the discretion of the court. permitted by law, in the financing, ownership, operation This section shall not operate to limit or prejudice the or performance, jointly or by one or more on behalf of all, power to remove officers or discharge employees as of any property, facility or service which each would provided in this Charter. have the power to own, operate or perform separately. ARTICLE 2 – OFFICERS AND ELECTIONS Chapter 1. OFFICERS United States of America or a violation of a public trust or any felony shall not be eligible to hold any City office 2-101 Elective Officers for a period of 20 years from the date of the conviction. .1 The elective officers shall be the Mayor, eight members of the City Council and the City Clerk. .2 No person who is in default to the City shall be eligible to hold any City office. .2 Each officer shall have a term of four years terminating at 12 Noon on January first and shall serve .3 A person who holds or has held any elective City until the election and qualification of a successor. office shall not be eligible for appointment to a non- elective office or employment for which compensation is .3 The terms of office of the Council Members shall be paid by or through any agency of the City until the staggered so that two City Council Members elected person has been out of office for one year. from wards shall stand for elections every two years and two City Council Members elected at large shall stand 2-104 Compensation Of Officers for election every two years. .1 The City shall, by ordinance, determine the compensation or the procedure for determining the 2-102 Qualifications For Elective Office compensation of all officers and employees of the City. Every city official holding elective office shall be a registered elector in the City of Lansing and shall have .2 The elected officers compensation commission been a resident of the city for one year prior to taking previously created by ordinance may continue to office. A ward Council Member shall be a resident of the determine the compensation of all elected officials after ward from which elected or chosen. the effective date of this Charter. The compensation commission ordinance shall be amended to provide a 2-103 Ineligibility For Office procedure for calling the compensation commission .1 Any person who has been convicted of either a together at a time to be determined by the City Council. violation of the election laws of this City, this State or the 2 .3 The City may, by ordinance, at any time alter any at least one hundred (100), but no more than one procedure for determining compensation of any officers hundred fifty (150), of the persons registered to vote in or employees. the ward in which the election is to be held. 2-105 Bonds Of Officers .3 Nominating petitions submitted by candidates for .1 All officers and employees who receive, distribute or offices to, be filled by the voters of the City at large shall are responsible for City funds, shall be bonded in the be signed by at least four hundred (400), but no more sum determined by the City Council. than six hundred (600), of the registered electors of the City. .2 The City Council may require bonds from other officers and employees. .4 In lieu of submitting nominating petitions, a candidate may nominate himself or herself for City office by .3 All bonds shall be approved by the City Attorney and submitting a filing fee of one hundred dollars ($100.00). filed with the City Clerk. The filing fee shall be nonrefundable. 2-106 Oath Of Office .5 The City Clerk shall assist members of the public by Every elective officer and every appointee before providing information regarding the requirements for entering on official duties shall take and subscribe the candidacy, and in the preparation of petitions. following oath: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the .6 Neither nominating petitions, nor filing fees shall be Constitution of this State and that I will faithfully accepted unless accompanied by an affidavit sworn to or discharge the office of _____________, according to the affirmed by the candidate, stating that the candidate best of my ability," and shall file that oath, duly certified possesses the legal qualifications for the office and by the officer before whom it was taken, in the office of requesting that the candidate’s name be printed on the the City Clerk. ballot. Chapter 2. ELECTION OF OFFICERS 2-205 Election Commission .1 The conduct of City elections shall be the 2-201 Time Of Elections responsibility of the Election Commission consisting of The primary and general elections for all City offices the City Clerk, the City Attorney and the Assessor. The shall be at the time provided by State law. City Clerk shall preside. 2-202 Non-Partisan Ballot .2 The Election Commission shall prescribe the The Clerk shall prepare ballots which shall conform to procedures to be followed in the conduct of City the provisions of law. No party vignette or emblem or elections in accord with state law. other designation shall appear on the ballot in regard to City officers. 2-206 State Law To Apply The general election laws of the state as supplemented 2-203 Wards by the provisions of this Charter and relevant ordinances .1 The City of Lansing shall be divided into four wards, shall apply to the qualifications and registration of voters, from each of which a member of the City Council shall the filing for office by candidates, and the conduct and be nominated and elected. canvass of City elections. .2 Each ward shall have the same boundaries as shall Chapter 3 VACANCIES exist on the effective date of this Charter until changed in accord with law. 2-301 Absence From Office Whenever an elective officer of the City has failed to .3 The Election Commission shall revise the boundaries perform the duties of the office for 60 consecutive days of the wards within 60 days after the figures from the or more, the Council shall vote to excuse or not to Federal decennial census becomes available. New ward excuse the inability at each Council meeting until the boundaries created within 120 days of a City primary officer resumes the duties of the office. If the Council election shall become effective after the general election. does not excuse the inability at any meeting, after the 60 days have lapsed, the office shall be forfeited at the .4 The Election Commission shall, to the greatest extent close of the meeting. possible, establish wards that are compact, contiguous and of equal population. 2-302 Forfeiture And Removal For Cause .1 The City Council shall declare the forfeiture of the 2-204 Method Of Nomination office of any elective officer or appointee and may .1 The method of nomination for all elective offices in the remove for cause any person appointed to an office for a City shall be by petition, or by a candidate submitting a fixed term. In every case there shall be a public hearing filing fee. A primary election shall be held on those before the City Council with notice published in the same occasions when the number of persons submitting valid manner as notices of proposed ordinances. A Council nominating petitions or filing fees exceeds twice the member charged with conduct constituting grounds for number of positions to be filled in the office. forfeiture may not participate in the resolution of the .2 Nominating petitions submitted by candidates for charge. offices to be filled by voters of a ward shall be signed by 3 .2 The position of an elective City officer or an appointee .5 The Acting Mayor shall possess the veto power shall be forfeited if he or she: provided in this Charter but shall not vote while Acting Mayor. (a) lacks at any time any qualifications required by this Charter. Chapter 4. BALLOT ISSUES (b) is convicted of a felony while holding the office or 2-401 Recall Any official holding an elective office may be recalled appointment. and the vacancy created be filled in the manner provided (c) violates a provision of this Charter punishable by by law. forfeiture. 2-402 Initiative And Referendum .3 Decisions made by the City Council under this section The people reserve to themselves the power to propose are not review able by the Mayor but are subject to ordinances and to enact and reject ordinances, called judicial review in a hearing de novo. Any resident of the the initiative, and the power to approve or reject City may petition an appropriate court to require the City ordinances enacted by the City Council, called the Council to hold a public hearing on the forfeiture of an referendum. office if the City Council has unreasonably refused to proceed. 2-403 Petitions For Initiative And Referendum .1 Initiative and referendum petitions must be signed by 2-303 Filling Vacancies a number of City electors equivalent to at least 5 percent .1 Whenever a vacancy occurs in the office of Mayor, the of registered electors of the City. President of the City Council shall fill the office until January first following the earliest November general .2 Petitions shall set forth in full the measure to be election at which a successor can be elected to fill the initiated or referred. The circulators may submit the office for the rest of the term. If the Council President petitions to the City Attorney for approval as to form should decline to serve as Mayor, after receiving notice before circulating, but they are not required to do so. of the vacancy, the Council by a majority of Council .3 Signers of petitions shall be registered electors of the members serving shall select one of its members to fill City. Each shall sign his or her name indelibly and shall the office of Mayor. indicate his or her residence and the date of signing. .2 Whenever a vacancy exists in the office of the City Each petition shall contain a sworn affidavit of the Clerk or member of the City Council, the Council, by a circulator stating that each signature is, to the knowledge majority vote of members serving, shall appoint a of the circulator, the genuine signature of a registered qualified person to fill the office until January first elector and the person whose name it purports to be; following the earliest November general election at and that it was affixed in the presence of the circulator. which a successor can be elected to fill the office for the .4 Signatures obtained more than 90 days before the rest of the term. petition is filed with the Clerk shall not be counted. 2-304 Temporary Absence Of Mayor .5 The City Clerk shall, within 15 days, canvass the .1 During the temporary absence of the Mayor from the signatures and shall present the petition, if found City or the inability of the Mayor to perform the duties of sufficient and proper, to the City Council at its next the office, the President of the City Council shall be regular meeting. considered the temporary Mayor of the City for the purpose of performing statutory duties of the office. .6 If the City Clerk determines the petition lacks sufficient signatures or is otherwise improper, the City Clerk shall .2 Whenever the City Council, by a vote of two-thirds of forthwith notify the person filing such petition by regular the members serving, declares that the temporary mail of the deficiency and 10 days shall be allowed for absence of the Mayor from the City or the inability of the filing supplemental petition papers. Mayor to perform the duties of the office has created a need for administrative leadership and direction, the City 2-404 Suspension Of Referred Ordinance Council may request the President of the City Council to A referendum petition must be filed with the City Clerk assume the fulltime obligations of leadership under 4- within 30 days after the enactment of an ordinance. The 102 for as long as the Council deems necessary or until filing of a referendum petition containing signatures the elected Mayor resumes the office whichever is the equal to the required amount will delay or suspend the first to occur. operation of the ordinance until the City Clerk has made a report that the petition does not contain a sufficient .3 If the President at any time declines to serve as Acting number of valid signatures or, if the City Clerk finds the Mayor, the Council may designate another of its petition to be sufficient, until final determination by the members to serve as Acting Mayor. voters. .4 Any appointment or removals by an Acting Mayor are 2-405 Council Action On Petitions subject to confirmation by the permanent Mayor. .1 Upon receiving an initiative or referendum petition from the City Clerk, the City Council shall within 30 days either: 4 (a) if it is an initiative petition amendment of an ordinance in the manner and with the effect in this Chapter for submission of proposals (1) adopt the ordinance as submitted in the petition, or initiated by petition. (2) direct the submission of the proposal to the electors; 2-408 Determining Result Of Election or .1 Except as otherwise required by law, the result of any initiative or referendum election shall be determined by a (b) if it is a referendum petition, majority of the voters voting on the question. (1) repeal the ordinance to which the petition refers, or .2 If two or more inconsistent initiative or referendum (2) direct the submission of the proposal to the electors. measures are submitted to the voters at the same election, the measure receiving the highest number of .2 Submission to the voters shall take place at the next affirmative votes shall prevail to the extent of their regular election, or at a special election held prior to the inconsistency. next regular election. 2-409 Amendment, Repeal And Reenactment 2-406 Special Elections .1 An ordinance adopted by the voters through initiative .1 Special City elections shall be held when called by proceedings may not be amended or repealed by the resolution of the City Council at least 50 days in advance City Council for a period of two years after the date of of the election, or when required by this Charter or state the election at which it was adopted. law. Any resolution calling a special election shall set forth the purpose of such election. .2 An ordinance nullified by the voters through referendum proceedings may not be re-enacted by the .2 Special elections to fill vacancies shall be called at City Council for a period of two years after the election at least 90 days before the general election. A special which it was nullified. primary election shall be held at least 25 days before the special general election. 2-410 Charter Revision Question The question of whether there shall be a general revision .3 Any election to, fill a vacancy in an elective City office of the City Charter shall be submitted to the voters of the shall be held on election day in November and shall be City of Lansing at the November general election held in preceded by a primary election. No general election to fill 1987 and every 12 years thereafter and may be a vacancy may be held unless the vacancy occurred at submitted at other times in the manner provided by law. least six months prior to the general election. 2-411 Charter Amendments .4 Whenever a vacancy in the office of Mayor, City Clerk .1 This Charter may be amended by a majority vote of or City Council exists for 30 days and the City Council the electors in the manner provided by statute. has failed to fill the vacancy, the Election Commission shall schedule a special election to fill the vacancies at .2 Petitions for Charter amendments may be submitted the earliest possible time. The date of the election shall to the City Attorney for approval as to form in the same not be subject to the provisions of Section 2-406.3. manner as petitions for initiative and referendum. 2-407 Submission By Council .3 If two or more amendments adopted at the election The City Council may, on its own motion, by a vote of have inconsistent provisions, the amendment receiving five City Council members, submit to the voters any the largest affirmative vote shall prevail to the extent of proposed ordinances or any proposal for the repeal or their inconsistency. ARTICLE 3 – LEGISLATIVE BRANCH Chapter 1. STRUCTURE .3 The City Clerk shall preside until the City Council has chosen a Council President. Thereafter, the Council 3-101 City Council President shall preside at all formal sessions of the City The legislative power of the City is vested in the City Council when present. Council. The City Council shall have the powers and duties provided by law or this Charter. .4 The Council may establish special or ad hoc committees limited in time and purpose. 3-102 Organization Of Council .1 The City Council shall meet and organize each year at .5 The Council may also establish such other its first regularly scheduled meeting in January. committees as it may deem appropriate. For the performance of its legislative responsibilities, standing .2 At its annual organizational meeting the City Council committees may be established. No standing committee shall select from its members a presiding officer and a shall be administrative in nature, nor shall it parallel the person to act in the absence of the presiding officer. administrative structure of City government. They shall be known as the Council President and the Council Vice-President, respectively, and each shall .6 The Chairperson and members of each committee serve a one year term. established by Council shall be named by the Council 5 President not later than the next regular City Council 3-204 Attendance At Meetings meeting after the establishment of the committee. .1 The City Council may compel the attendance of absent members at a duly called meeting by a majority .7 The City Council may, at any of its Meetings vote of the Council members present whether or not deliberate as a committee of the whole. quorum is present. 3-103 Rules .2 The City Council may by ordinance provide penalties .1 The Council shall by resolution adopt rules of for non-attendance, including the penalty of forfeiture of procedure for the orderly conduct of its meetings. office. .2 The rules shall direct the City Clerk to prepare the 3-205 Voting agenda for the Council meetings and make it public in .1 An action of the Council shall become effective with the manner set forth in the rules. an affirmative vote of five Council members voting, except as otherwise provided by this Charter for the .3 The rules shall provide that there shall be a time on filling of vacancies and resolving a conflict of interest of a the agenda of each Council meeting for a report from the Council member. A vote of two-thirds of the Council Mayor and a time for the Mayor or a representative of members serving shall require the affirmative vote of six the Mayor to respond to questions. of the eight serving Council members. If there are one or .4 The rules shall provide a reasonable opportunity for more vacancies existing on the Council and a vote of members of the public to be heard at Council meetings. two-thirds of the Council members serving is required, an affirmative vote of five Council members shall be 3-104 Maintenance Of Order sufficient to adopt. The City Council shall have the authority to maintain order at meetings of the Council and its committees, and .2 Each member of the Council shall vote on each shall have the assistance of City police whenever the question before the Council for a determination, unless Council deems it necessary. excused there from by the affirmative vote of two-thirds of the members serving, except that no member shall Chapter 2. MEETINGS OF COUNCIL vote on any question upon which that member has a 3-201 Meetings conflict of interest or a financial interest other than as a .1 The City Council shall meet at least 26 times each citizen of the City. If a conflict of interest question is year, at such times and places as shall be stated in the raised under this section at any Council meeting, such Council rules. The public shall have a reasonable question shall be determined by a majority of those opportunity to be heard. Council members present and qualified to vote before the main question shall be voted on, but the Council .2 Meetings of the City Council shall be open to the member affected shall not vote on such determination. public except in those limited instances where State law authorizes closed meetings. .3 The affirmative and negative votes shall be taken and recorded on all ordinances, and whenever requested by .3 Notices of all meetings of the City Council shall be one or more Council members, on any other matter. posted at City Hall and such other locations considered appropriate by the Council and shall set forth the topics 3-206 Investigations of business to be discussed, the dates, times and .1 The City Council may make investigations into the locations of the meetings. affairs of the City and the conduct of any City agency. 3-202 Special Meetings .2 The City Council may subpoena witnesses, administer .1 Special meetings of the Council shall be held at the oaths, take testimony and require the production of call of the Clerk upon the written request of the Mayor or evidence in any matter pending before it. any two members of the Council. .3 To enforce a subpoena or order for production of .2 At least 18 hours before the meeting, the clerk shall evidence or to impose any penalty prescribed for failure give public notice of the meeting and shall cause each to obey a subpoena or order, the City Council shall apply Council member to he served personally with a notice of to the appropriate court. the meeting or shall cause the notice to be left at the 3-207 Rights And Responsibilities Of Council Members usual place of residence of the Council member. .1 Members of the City Council shall have all of the .3 No business shall be transacted at any special rights appropriate to city legislators as established by meeting of the Council except that stated in the notice of this Charter or by statute, including the right to make the meeting. inquiries of City officers and employees and receive specific information in response. 3-203 Quorum Five members of the Council shall be a quorum for the .2 The responsibilities and activities shall be to establish transaction of business at all of its meetings. In the policy of the City and shall be legislative in nature. absence of a quorum, any number less than a quorum .3 Except as may otherwise be provided by law or this may recess any meeting or hearing to a later time. Charter, the administrative activities of the City Council and its members shall be limited to its own staff and they 6 shall give no direct orders to any other city officer or 3-304 Publication After Enactment employee. .1 The City Clerk shall authenticate by signature and record all ordinances and resolutions in a properly Chapter 3. LEGISLATION indexed book kept for the purpose. 3-301 City Action Requiring An Ordinance .2 After enactment of any ordinance or resolution having .1 In addition to other acts required by law or by specific the effect of law, the City Clerk shall have it published as provision of this Charter to be done by ordinance, those soon as possible, in a newspaper of general circulation acts of the City shall be by ordinance which: in the City together with a notice of its adoption. (a) provide a penalty or establish a rule or regulation for .3 No ordinance or emergency ordinance shall be violation of which a penalty is imposed; effective until it has been published. (b) provide for the levying and collecting of rents, tolls, .4 Every ordinance or resolution having the effect of law, excises and taxes, except for taxes levied in the annual and amendment to this Charter, shall be printed after appropriation resolution; or enactment and copies shall be distributed or sold to the public at reasonable prices to be fixed by the City (c) amend or repeal any ordinance previously adopted. Council. .2 Other Council actions may be taken either by 3-305 Veto ordinance or resolution. .1 Every ordinance and resolution passed by the City 3-302 Introduction Of Ordinances Council is subject to veto by the Mayor. .1 Every proposed ordinance shall be introduced in .2 No ordinance or resolution of the City Council subject writing. to review by the Mayor shall have any force or effect if .2 No ordinance may contain more than one subject, the Mayor prepares and signs a notice in writing which shall be clearly stated in its title. suspending the operation of such ordinance or resolution which sets forth reasons for the veto, and the notice is .3 The enacting clause shall be "The City of Lansing filed in the office of the City Clerk before five o’clock on ordains ......" the afternoon of the third working day following the .4 An ordinance which only amends the schedules adoption of the ordinance or resolution. related to the regulation of traffic and parking need not .3 If a notice of veto is filed, the ordinance or resolution be republished in full. The sections to be amended of all shall not become law without further affirmative vote of other ordinances shall be re-enacted and published in two-thirds of the Council members serving at a meeting their entirety clearly indicating the matter to be omitted held within two weeks of the notice of veto. and the matter to be added. 3-306 Effective Date Of Ordinance .5 An ordinance which repeals an existing ordinance .1 Every published ordinance shall become effective at may state the number, title, a brief description of the 12:01 a.m. on the 30th day after enactment or at any ordinance and the reasons for the repeal without later date specified. restating the text of the ordinance being repealed. .2 The City Council may give immediate effect to any .6 Objections to the form of an ordinance, which are ordinance by an affirmative vote of two-thirds of the raised for the first time after the effective date of the Council members serving whenever it finds that there is ordinance shall not invalidate the ordinance. a public necessity for eliminating delay in making an 3-303 Public Hearing On Ordinance ordinance effective. .1 Upon introduction of any ordinance, the City Clerk 3-307 Expiration Of Ordinances shall distribute a copy to each Council Member and to .1 Every ordinance which creates a regulatory function, the Mayor. A reasonable number of copies shall be filed an agency of the City or provided for a service to be in the office of the City Clerk and such other public rendered to the public shall state that it shall expire on a places as the City Council may designate. specific date not more than ten years after the date of .2 Notice to the public of a public hearing on the adoption. consideration of the proposed ordinance shall be given .2 Six months prior to the expiration date of each such by publication or in the manner determined by the City ordinance the Clerk shall notify the Council of the Council. expiration date. .3 The public hearing may be held not sooner than five .3 Two months prior to the expiration date the Council days after the public has been provided notice of the shall take formal action, either to re-enact the ordinance, hearing. The public hearing may be held separately or at or by resolution, state its intent that the ordinance shall a regular or special meeting of the City Council. expire. .4 All interested persons shall have an opportunity to be .4 The failure of the Clerk or Council to act shall not heard. extend the life of any ordinance covered by this section. 7 3-308 Emergency Ordinances .2 The Internal Auditor shall make audits of financial .1 Emergency ordinances may be enacted to meet a transactions of all City agencies at least once every year public emergency affecting life, health, property or the or as otherwise directed by the City Council. The Internal public peace. However, an emergency ordinance may Auditor shall have access to the financial and other not levy taxes; grant, renew or extend a franchise; or records of all City agencies at any time. regulate the rate charged by any public utility for its .3 The Internal Auditor shall make a full report to the City services. Council of each individual audit and file a copy with the .2 An emergency ordinance shall be introduced in the Mayor and City Clerk. The report shall include any or all form and manner required for ordinances generally, of the following as directed by Council: except that it shall contain, after the enacting clause, a (a) An examination of financial transactions, accounts, declaration stating that an emergency exists and contracts and reports, including an evaluation of describing it in clear and specific terms. compliance with applicable laws and regulations; .3 An emergency ordinance may be adopted and given (b) a review of efficiency and economy in the use of immediate effect at the meeting at which it is introduced resources with recommendations for improvement; by an affirmative vote of two-thirds of Council Members present. (c) a report as to whether desired results are effectively achieved in City programs, services and activities. .4 No emergency ordinance shall be effective for more than 60 days. .4 As soon as possible after the close of each fiscal year, the Internal Auditor shall provide an analysis of the 3-309 Codification Of Ordinances financial position of the City. The report shall be a public .1 Within three years after the effective date of this record. Charter and at least every 10 years thereafter, the City Council shall provide for and adopt a codification of all .5 The Internal Auditor shall review the administration City ordinances. and performance of any City agency and report findings and recommendations to the City Council and file a copy .2 The codification shall be enacted by ordinance and with the Mayor and the Clerk. shall be published promptly in loose leaf form, together with this Charter and commentary and any amendments, .6 Whenever appropriate the Internal Auditor shall pertinent provisions of the State Constitution and other promptly make a report to the City Council on City laws of Michigan, and other rules and regulations as the agencies or any irregularities of practice and erroneous City Council may specify. accounting methods with recommendations for improving the accounting procedures and systems of the .3 This compilation shall be known as the Lansing City agency. A copy of each report on irregularities and Code and copies shall be: furnished to City officers, erroneous accounting methods shall be referred to the placed in libraries and public offices for free public Mayor. reference, and made available for purchase by the public at a reasonable price fixed by the City Council. .7 The Internal Auditor shall evaluate the Capital Improvement Plan. .4 After publication of the first Lansing City Code under this Charter, the ordinances and Charter amendments .8 The Internal Auditor shall have no authority to audit shall be printed in a form suitable for integration with the the activities of the Board of Water and Light except as Code currently in effect. requested in writing by the Board. 3-310 Public Peace, Health And Safety .9 The Internal Auditor may be authorized by City The City shall take such action, and adopt such Council to hire adequate staff to perform the internal ordinances, as shall be necessary to provide for the auditing functions. The staff shall serve at the pleasure public peace and health and for the safety of persons of the Internal Auditor. and property within the City. 3-403 Limitations Chapter 4 - INTERNAL AND EXTERNAL AUDITS Except as otherwise provided in this Charter, the Internal Auditor shall not have any connection with any City 3-401 Internal Auditor agency, nor be custodian of any cash or securities .1 The City Council shall appoint a qualified person as belonging to the City. the Internal Auditor. 3-404 External Audit .2 The Internal Auditor shall be responsible to the City .1 An independent audit shall be made of all accounts of Council and may be removed by a majority of the City the City government, including the Board of Water and Council members serving. Light, at the close of each fiscal year, and shall be 3-402 Powers And Duties completed by October 15th. Special independent audits .1 The Internal Auditor shall devote full time to the may be made at any time that the Council may services of the City and shall assist the City Council in designate. All such audits shall be made by a Certified evaluating the planning and budgeting affairs of the City Public Accountant designated by the Council. The in order to develop and maintain unified City policies. results of each such audit shall be made public in the 8 manner that the Council determines and copies thereof Chapter 5. COUNCIL STAFF shall be placed in the office of the Clerk for public 3-501 Council Staff inspection. .1 The City Council may employ staff and contract for .2 The External Auditor shall report on the activities and services as it may deem necessary to assist it in its accounts of the Internal Auditor. functions. .2 Persons appointed by the Council shall serve at the pleasure of the Council. ARTICLE 4 – EXECUTIVE BRANCH Chapter 1. MAYOR .7 The Mayor shall be responsible for the management of real property owned by the City in accord with Section 4-101 Mayor 8-403 of this Charter. The Mayor shall be the chief executive officer of the City of Lansing and shall devote full time to the service of the .8 The Mayor shall make an annual report to the City City. The Mayor shall exercise all of the powers and Council which shall itemize all the interests in real property owned by the City. The report shall include the duties granted to the Mayor by law or this Charter. status of all parcels and an analysis and 4-102 Obligations Of Leadership recommendation for the appropriate management and .1 The Mayor shall exercise supervision and use of each. coordination over the several departments of government, and see that the laws, ordinances, and .9 The Mayor shall be responsible for reducing any regulations of the City are enforced and for that purpose, unlawful discrimination and increasing mutual the Mayor shall be a conservator of the peace. The understanding among the residents of the community. Mayor may exercise within the City the powers conferred .10 The Mayor shall make an annual report on the status upon sheriffs to suppress disorder and enforce the laws of affirmative action programs of the City. of the State and the ordinances and regulations of the City. .11 The Mayor shall receive, investigate, and respond to all requests for information and all complaints .2 The Mayor, or the Executive Assistant to the Mayor, concerning the operation of the City government in a shall attend all regular and special meetings of the City prompt and efficient manner. Council to submit such reports and proposals to the City Council as are appropriate, and to respond to questions .12 The Mayor may delegate any of the duties described of the Council members and citizens. in Sections 4-102.5, 4102.7, 4-102.9 and 4-102.11 to another officer of the city by filing notice of specific .3 The Mayor shall recommend to the City Council I from delegation with the City Clerk. time to time, proposals for meeting the needs and addressing the problems of the City. Chapter 2. EXECUTIVE STAFF .4 No later than the last regular City Council meeting in 4-201 Executive Assistant To The Mayor January of each year, the Mayor shall present a state of .1 The Mayor shall have an Executive Assistant who the City report to the City Council and to the public, shall perform such duties and functions as may be outlining the activities of each of the departments and required by this Charter or directed by the Mayor for the agencies of the City, their existing programs and efficient operation of administrative services and services and an analysis of their adequacy. The report functions. shall contain the Mayor’s observations on the .2 The Mayor may direct the Executive Assistant to act effectiveness of the organization of the several on behalf of the Mayor with other officers of the City for departments and agencies of the City and any the purpose of coordinating departments, the recommendations for reorganization to increase development of the budget, communication with City efficiency, effectiveness and economy of operation. The Council, and in carrying out the ordinances and policies report shall also contain a summary of the financial of the City. conditions of the city. .3 The Executive Assistant shall be appointed solely on .5 The Mayor shall be responsible for the development the basis of the person’s ability to exercise the powers and preparation of the budget. and perform the duties conferred upon the Executive .6 The Mayor shall respond to any Internal Auditor report Assistant pursuant to this Charter, or which may be on irregularities or erroneous accounting methods. Such assigned to the Executive Assistant by the Mayor. This response shall be made in writing to the City Council ability shall have been demonstrated by relevant within 30 days of receipt and shall contain the Mayor’s executive or administrative experiences in a federal, recommendations for the elimination or correction of the state or municipal government or by equivalent indicated irregularities or errors. experiences in a field other than government. 9 .4 The Executive Assistant shall be appointed by the .4 Except as otherwise provided by this Charter; Mayor and shall serve at the pleasure of the Mayor. services, agencies and instrumentalities of the City shall be organized as far as practicable according to their Chapter 3 DEPARTMENTS major purpose and function in order to provide service as efficiently, effectively and economically as possible. 4-301 Organization Of Departments .1 All departments, divisions of departments and .5 To the extent permitted by law, the City may, by agencies of the City in existence on the effective date of ordinance, establish, abolish and reorganize this Charter, whether created by the previous Charter or departments, other than the Fire Department, Police by ordinance, shall continue as if created by ordinance Department and the Board of Water and Light. until changed in accordance with this Charter. .6 The Fire Department and Police Department may be .2 The following agencies of the City shall have the assigned, by ordinance, additional duties compatible power and duties described in this Charter: with the general purposes of the departments. The Board of Water and Light may be assigned added duties (A) Board of Water and Light (Sections 5-201 to 5-207) by agreement between the Board and the City Council. (B) Finance Department (Section 4-302) No agency of the executive branch shall have any administrative authority over the Board of Water and (C) Fire Department (Section 4-303) Light. (D) Law Department (Section 4-304) .7 The Mayor may prepare one or more executive (E) Parks and Recreation Department (Section 4-305) reorganizational plans which, consistent with law and this Charter, provide for reorganization of one or more (F) Planning Department (Section 4-306) agencies of the executive branch, and assign authorized (G) Police Department (Section 4-307) programs, services and activities to each agency. The Mayor shall submit an initial reorganizational plan not (H) Public Service Department (Section 4-308) later than January 31, 1979. A reorganizational plan, as .3 Other agencies of the City previously established by proposed by the Mayor, shall be submitted to the City ordinance, or otherwise, shall continue in existence Council and made public. The City Council shall study subject to reorganization in accord with this charter. and conduct public hearings on the plan and may request the Mayor to make modifications in it. Ninety These include: days after the submission of a plan to the City Council, (1) Air Pollution the plan shall become effective and shall become operational as stated in the plan, with such modifications (2) Building Inspection and Safety as are accepted by the Mayor, unless disapproved by a (3) Central Garage resolution adopted by two-thirds of the City Council members serving. (4) City Market 4-302 Finance Department (5) Civic Center .1 The Director of Finance shall be the administrative (6) Community Development head of the Department of Finance and shall be responsible to the Mayor for the provision of financial (7) Data Processing services to the City in a manner consistent with the best (8) Emergency Services practices therefore. (9) Housing Commission .2 The Department of Finance shall be in charge of the divisions of Accounting, Assessments, Budget (10) Housing and Redevelopment Management, Income Tax, and Treasury. (11) Human Relations 4-303 Fire Department (12) Human Resources .1 The Fire Chief shall be the administrative head of the Fire Department and shall be responsible to the Mayor (13) Municipal Parking System for the provision of its fire protection services, fire (14) Personnel prevention services and such other services as may be assigned to it by the City. All services shall be rendered (15) Program Coordinator to the city in a manner consistent with the best standards (16) Property Management and practices. .2 The Fire Chief shall be appointed by the Mayor from (17) Purchasing candidates recommended by the Board of Fire (18) Safety Commissioners. (19) Traffic .3 The Mayor may suspend the Fire Chief and shall notify the Board of Fire Commissioners of the reasons (20) Weights and Measures for the suspension. The Board shall convene at the 10 earliest opportunity after the suspension and shall cemetery services and facilities, forestry, parks, and determine, by a majority of the Board serving, whether recreation. the suspension shall continue. The Fire Chief may be 4-306 Planning Department removed by the Mayor only with the concurrence of a .1 The Director of Planning shall be the administrative majority of the Board serving. head of the Department of Planning and shall be .4 Each member of the Fire Department shall, before responsible to the Mayor for the planning activities of the entering upon the duties of the office or employment, City. take an oath of office similar to that required of other .2 Any agency with the knowledge of the Director of officers of the City. A copy of the oath shall be Planning may undertake the study of any development subscribed in the presence of the City Clerk and filed in matter within the scope of its duties, the office of the City Clerk. .3 The Department of Planning shall receive all reports .5 The Department shall maintain and operate such concerning development matters and other information, ambulance, inhalator, and other life saving and which it requests. emergency services as the welfare of the inhabitants of the City may require and as the Council may direct. .4 The director shall, with the head of any agency involved, evaluate all reports and information received 4-304 Law Department by the department in the light of the policies, programs .1 The City Attorney may be appointed by the Mayor and and priorities of the adopted master plan. confirmed by the City Council. The City Attorney shall be the administrative head of the Department of Law and .5 The director shall be responsible for providing the shall be responsible to the Mayor and the City Council to Planning Board with staff and all information necessary see that the legal affairs of the City are properly for the Board to carry out its assigned duties under managed. Sections 5-601 and 5-602 of this Charter. .2 The City Attorney shall be the prosecutor for the .6 The department shall administer and enforce the people of the City for all cases arising under this Charter zoning ordinances of the City and prepare plans for the and ordinances of the City and, when authorized to do City and its various departments when such plans so by law, cases arising under State law. involve the character, location and extent of activities and facilities which impact on the social, physical and .3 The City Attorney shall advise the officers and economic development of the City. agencies of the City, in writing, on matters relating to their official duties upon request, 4-307 Police Department .1 The Chief of Police shall be the administrative head of .4 The City Attorney shall prepare or approve as to form, the Police Department and shall be responsible to the all bonds, contracts, ordinances and other written Mayor for the provision of Police service to the City. instruments in which the City is concerned. .2 The Chief of Police shall be appointed by the Mayor in .5 The City Attorney shall prosecute or defend all cases consultation with the Board of Police Commissioners in which the City is a party or has a legal interest, and and subject to confirmation by a majority of the members may upon request, and with City Council approval, of the Board of Police Commissioners serving. represent any officer or employee of the City in any action or proceeding involving official duties. .3 The Mayor may suspend the Chief of Police and shall notify the Board of Police Commissioners of the reasons .6 No board or officer shall employ or retain special for the suspension. The Board shall convene at the counsel in any matter relating to the affairs of the city earliest opportunity after the suspension and shall without first securing the approval of such employment determine, by a majority of the Board serving, whether or retainer by the City Council. The City Council shall act the suspension shall continue. The Chief of Police may only after requesting the City Attorney’s written opinion. be removed by the Mayor only with the concurrence of a .7 No civil litigation may be settled without the majority of the Board serving. recommendation of the City Attorney and the consent of .4 Each member of the Police Department shall, before the City Council, except and to the extent that risks are entering upon the duties of the office or employment, covered by insurance. take an oath of office similar to that required of other 4-305 Parks And Recreation Department officers of the City. A copy of the oath shall be .1 The Director of Parks and Recreation shall be the subscribed in the presence of the City Clerk and filed in administrative head of the Department of Parks and the office of the City Clerk. Recreation and shall be responsible to the Mayor for the .5 The police officers shall have and exercise all the provisions of parks, recreation and leisure services of immunities, privileges and powers of peace officers the City in a manner consistent with the best practices granted bylaw, for the preservation of quiet, good order therefore. and for the safety of persons and property. They shall .2 The Department of Parks and Recreation shall be in possess and exercise the powers of arrest granted to charge of those agencies and programs responsible for peace officers by law, and shall promptly take any 11 person who is arrested before the proper magistrate or .2 The head of each agency or division within a court to be dealt with according to law. Violations of City department shall be appointed by the department head ordinances shall be deemed to be misdemeanors for the unless this Charter or an ordinance provides for purpose of establishing the power of police officers in appointment by the Mayor. making arrests. .3 Whenever an agency or division head is appointed by 4-308 Public Service Department the Mayor, the appointment shall be subject to the .1 The Director of Public Service shall be the provisions of Section 4-401 of this Charter. administrative head of the Department of Public Service .4 Notwithstanding the provisions of any ordinance, the and shall be responsible to the Mayor for the Mayor shall appoint the Treasurer, the Assessor, and the maintenance and operation of the public works and Chief Personnel officer. service facilities of the City in a manner consistent with the best practices therefore. Chapter 5. CLERK .2 The Department of Public Service shall be in charge 4-501 City Clerk. of those agencies and programs responsible for the .1 The City Clerk shall be the administrative head of the provision of construction, engineering, maintenance, Office of the City Clerk and shall be responsible to the sewage and waste disposal services and facilities, and people of the City of Lansing for the proper maintenance traffic. of the records of the City and for the orderly conduct of elections. .3 Persons appointed to serve as Director of Public Service and City Engineer shall be registered .2 The City Clerk shall be the Clerk of the City Council Professional Engineers of the State of Michigan. and shall keep a printed journal in the English language of its proceedings. The City Clerk shall attend all Chapter 4 - DEPARTMENT AND AGENCY HEADS meetings of the City Council. 4-401 Heads Of Departments .3 The City Clerk shall be the custodian of all papers, .1 The City Council shall adopt ordinances setting forth documents, surety bonds and records which pertain to the qualifications for each head of a department, division the City, the custody of which is not otherwise provided. or agency to be appointed by the Mayor. Such ordinances shall be adopted before any person may be .4 The signature of the City Clerk shall be the official considered for the position and no later than 30 days certification for all ordinances, resolutions and other after the creation of a position. No amendment of an actions by the Council. ordinance on qualifications shall affect the status of any .5 The City Clerk shall make the records of the City, person holding office at the time consideration of the including all Council actions, available to the public amendment is commenced. during regular business hours. .2 Unless otherwise stated in this Charter, the Mayor .6 The City Clerk shall have custody of the City Seal and shall appoint a qualified person as head of each City shall affix it to all documents requiring the seal and shall department. attest the documents and instruments. .3 The head of each department may also serve as a .7 The City Clerk shall have the power to administer any head of an agency or division. oath required for municipal purposes by law. .4 The head of each department of the City shall be 8 The office of the City Clerk shall have a supply of responsible to the Mayor for the administration of the forms required to be filed with the City for any purpose department and shall, under direction of the Mayor, either by the provisions of this Charter, by ordinance or implement the policies, including affirmative action, as by law. expressed in the ordinances and resolutions of the City Council. .9 The City Clerk shall be the chief elections officer of the City. .5 Unless otherwise stated in this Charter, every person appointed by the Mayor to an indefinite term may be 4-502 Chief Deputy City Clerk suspended or removed by the Mayor. The Mayor shall The City Clerk shall designate one member of the office file a notice of every suspension or removal with the City of the City Clerk to be the Chief Deputy City Clerk who Clerk for delivery to the City Council. If the City Council shall retain that designation at the pleasure of the City determines by a vote of two-thirds of Council members Clerk. serving within 30 days of the notice of its receipt of In the absence or disability of the City Clerk, or while the suspension or removal that the action was not in the position is vacant pending action by the City Council, the best interest of the City, the person may, in the Chief Deputy City Clerk shall exercise all powers and discretion of the City Council, be reinstated to office perform all of the duties of the City Clerk to the full extent without loss of compensation. permitted by law. 4-402 Heads Of Agencies .1 The head of an agency or division may also serve as the head of a department. 12 ARTICLE 5 – BOARDS AND COMMISSIONS Chapter 1. GENERAL PROVISIONS FOR BOARDS .4 The City Clerk shall report to the Mayor and Council, prior to the first Council meeting in March, a list of the 5-101 Citizen Involvement In Government terms on City Boards which shall end on June 30. .1 The people of the City of Lansing have placed the basic responsibility for the management of this City in .5 The Mayor shall establish and make public a their elected officials. This Charter recognizes the procedure, which will provide for receiving either important role that individual citizens play in reviewing applications or recommendations of individuals for and evaluating the needs of the City through the membership on City boards, commissions or structure of boards and commissions. For this reason, committees. boards, commissions and advisory committees shall be .6 The Mayor shall file a list of appointments to the encouraged by the City of Lansing. several boards prior to the first Council meeting in May .2 Citizen involvement for the operation of the City shall of each year and the Council shall act on each be provided through three types of boards: an appointment at or prior to its first meeting in June. administrative board, review boards and advisory .7 Appointments to fill vacancies shall be made upon the boards. occurrence of the vacancy and each person so 5-102 Types Of Boards appointed shall take office immediately upon the .1 The Board of Water and Light is an administrative confirmation of the Council to serve for the remainder of board and has been delegated executive and the unexpired term. In the event a vacancy is not filled policymaking responsibilities necessary to the proper within 60 days after the occurrence of the vacancy, the operation of the agency. Council shall appoint a committee of three of its members to act instead of the Mayor in the making of .2 Review boards include those boards, which are not such appointments. administrative or advisory and whose recommendations or decisions have legal significance. Examples of review .8 Each Board established by this Charter shall be boards are the Planning Board, the Board of Review and composed of eight members. Four members shall be the Board of Zoning Appeals. The City may create from the City at-large and one member shall be review boards by ordinance. appointed from each of the four wards of the City in the following pattern: .3 Advisory boards include boards, commissions and committees established by ordinance or this Charter and (a) The First ward member shall have a term expiring in composed of citizens sharing the common goal of 1981 and every four years thereafter. improving the general welfare through their advice and (b) The Second ward member shall have a term expiring assistance to the elected and appointed full time City in 1982 and every four years thereafter. officials. (c) The Third ward member shall have a term expiring in .4 The Board of Fire Commissioners and the Board of 1979 and every four years thereafter. Police Commissioners shall act as advisory boards with the additional responsibilities described in this Charter. (d) The Fourth ward member shall have a term expiring in 1980 and every four years thereafter. .5 All other boards shall be advisory boards. .9 The members from the City at-large shall be .6 The provisions of this Chapter shall not apply to the appointed to staggered terms, at least one of which shall boards established for the purpose of managing expire each year. employee retirement systems. .10 Appointments to each board, commission and 5-103 Appointment Of Board Members committee shall be made with regard to the diversity of .1 Every member of a board, commission or committee Lansing citizens, their variety of interests and the established by Charter or ordinance shall be an officer of experience and expertise that each can contribute to the the City and shall possess the qualifications required by common good of the City. this Charter for holding office. .11 An ordinance creating a board, commission or .2 Except as otherwise specifically provided in this committee may set forth a different size for the body or a Charter or State law, the Mayor shall appoint persons to different length of term for the members than required in all such boards, commissions and committees with the this section if the Council finds that the change is advice and consent of the Council. No such appointment appropriate. shall be effective until the Council has confirmed it. .12 The Board of Water and Light Board Members shall .3 The terms of the boards established in this Charter or include three non-voting advisory members representing by ordinance shall be four years commencing July 1, utility customer communities outside the City of Lansing. unless otherwise provided. Each non-voting advisory member shall be a Board of 13 Water and Light customer, shall reside in and be action taken by any board at any meeting shall be valid appointed by the governing body of the municipality. or effective until a copy of the minutes at which the One member shall represent the City of East Lansing action was taken is filed with the Clerk. and shall serve a term of four (4) years commencing July .11 Members of advisory boards shall serve without 1. One member shall represent Delta Township and compensation, but the City Council may authorize the shall serve a term of four (4) years commencing July 1. payment of the actual and necessary expenses of board One member shall be at-large and shall represent the members. remaining municipalities and shall serve a term of one (1) year commencing July 1. The at-large representative 5-106 Advisory Board Functions shall serve on a rotating annual basis and be appointed .1 Each advisory Board shall at its regular meetings by the governing body of the following municipalities in review the progress and planning of the head of the succession: Meridian Township, Delhi Township, DeWitt agency it serves to insure that all activities are in Township and Lansing Township. Except as provided accordance with City policy. Each board may propose herein, Section 2-103, Section 5-105, or State law, the changes in agency operations for the purpose of making provisions of this Charter shall not apply to the non- its program more effective. voting advisory members of the Board of Water and .2 Proposed policies and programs or changes in Light. existing policies or programs requiring Council action 5-104 Ineligibility For Boards shall be submitted by an agency head to the appropriate No person holding another City office or activity advisory board prior to submission to the Mayor and employed by the City shall be eligible to be a voting Council for action. The advisory board’s written member on any board. recommendations concerning the proposals shall be submitted to the Mayor along with the agency’s 5-105 Organization Of Boards - Rules Of Procedure proposal. When the Mayor submits the proposal to the .1 Each board shall organize itself for the conduct of its Council for action, the board’s recommendations shall business and select its own officers including a also be transmitted to the Council along with that of the Secretary who shall take the minutes of the board Mayor. meetings. .3 An agency’s budget material, including capital .2 Each board shall adopt its own rules of procedure improvement proposals, shall be submitted to the consistent with this Charter. advisory board before submission to the Mayor and the .3 The rules shall state the schedule of the regular board board’s written recommendations shall be submitted to meetings. The schedule shall not conflict with regular the Mayor along with the agency’s recommendations. meetings of the City Council. The Mayor shall transmit the board’s recommendations to the Council along with budget material for that .4 The rules shall require that public notice of all agency. meetings shall be given in the manner provided by statute for meetings of public bodies. .4 Each advisory board shall, prior to December 1, prepare a written report evaluating the effectiveness and .5 The rules shall require that the public have a analyzing the status and priorities for services and reasonable opportunity to be heard at all regular activities of the agency it advises. Copies thereof shall meetings of the board. be filed with the Mayor, the Council and the Clerk. .6 All board meetings shall be required to be open to the .5 Each advisory board may develop its own proposals public to the same extent as meetings of the City for new or altered policies and programs and transmit Council. these to the Mayor and City Council. .7 The rules shall define the extent to which .6 Each City officer who directs an agency or activity nonattendance at meetings may be grounds for removal within the scope of an advisory board shall attend all of from office. its meetings and supply necessary secretarial services. .8 All rules of procedure shall be submitted to the City 5-107 Continuation Of Existing Boards Attorney for approval as to form. The rules shall then be .1 All City Boards not established in this Charter and submitted to the City Clerk for transmission to the City existing on the effective date of this Charter, whether Council. The rules shall be effective at the conclusion of established in the previous Charter or created by the Council meetings at which they are received unless ordinance or resolution, shall continue as if created the Council directs otherwise. under ordinance with the status provided in this Charter. .9 The Council may object to the rules in whole or in part .2 The terms of all persons serving on boards on the and may return them to the board proposing their effective date of this Charter shall continue in adoption with a statement of its objections and accordance with law. recommendations. 5-108 Limitation On Powers Of Boards .10 The minutes of all board meetings; shall be filed in .1 The Board of Water and Light shall exercise the office of the Clerk as a public record. No official administrative, executive and policy-making authority 14 over the operation of those City utility services assigned .5 The Board shall prepare and adopt its annual budget to it in accordance with the provisions of this Charter. by June I of each year, and implement it with whatever modifications the Board may adopt from time to time. .2 No other board, commission or committee shall The budget and any amendments shall be filed with the exercise any administrative, appointive or policy making City Clerk within 10 days after adoption. authority except as permitted by this Charter or required .6 The Board shall submit to the Mayor, prior to October by State law. 1 of each year, its capital improvements plan for the next .3 Notwithstanding any other provision of this Charter, six years pursuant to Section 7-109. the Board of Water and Light shall be subject to the emergency powers provided the Mayor by city ordinance .7 In the best interest of the City, the Board and other and state law and shall include administrative and agencies of the City are encouraged to cooperate on executive authority. projects deemed to be beneficial and to utilize each other’s services. Chapter 2. BOARD OF WATER AND LIGHT .8 The Board of Water and Light may utilize the streets, 5-201 Board Of Water And Light alleys, bridges and other public places of the City for the The Board of Water and Light, hereinafter known as the furnishing of public utility services. In the exercise of this Board, shall have the full and exclusive management of right, the Board of Water and Light shall furnish timely the water, heat, steam and electric services and such information about proposed uses to the officials of the additional utility services of the City of Lansing as may City and to the agencies which will be most directly be agreed upon by the Board and City Council. The affected by the use. board shall be responsible to the Mayor and the City Council for the provision of these services in a manner .9 The Board may conduct whatever audits of the consistent with the best practices. activities it deems appropriate and shall compensate the City for the cost of that portion of the annual audit of the 5-202 Director, Internal Auditor, Secretary City which covers the Board of Water and Light. .1 The Board shall appoint a Director who shall be responsible to the Board for carrying out the duties .10 The Board may provide for the pensioning of any assigned by the Board and shall serve at its pleasure. employee of the Board of Water and Light or the surviving spouse or dependent of any deceased .2 The Board shall appoint an Internal Auditor who shall employee. report directly to the Board. The Internal Auditor shall serve at the pleasure of the Board. .11 The Board, except as otherwise provided in this Charter, shall be responsible for and have authority over .3 The Board shall appoint its own Secretary who shall the compensation, benefits, bonding, conditions of be responsible to the Board and shall serve at its employment, and labor management activities for all pleasure. employees of the Board of Water and Light. 5-203 Powers Of The Board 5-204 Withdrawal Of Funds .1 The Board shall make all contracts pertaining to the .1 The funds and revenues of the Board of Water and conduct of the Board of Water and Light business and Light shall be deposited in the City Treasury and shall be shall have the authority to settle litigation involving the credited only to the funds and accounts of the Board of Board of Water and Light. Water and Light. They shall not be withdrawn or used for any other purpose whatsoever. The Board shall have .2 The Board shall have the power to acquire property, and exercise full control over all of the funds of the both real and personal, and interests in property in the Board of Water and Light in the City Treasury. name of the City for purposes of the Board of Water and Light. .2 All warrants drawn for the payment of money under the authority of the Board shall be signed by the .3 The Board shall have the power to sell real property Secretary of the Board and countersigned by the City and interests in real property not needed for the Controller. operation of the Board of Water and Light, subject to the approval of six City Council Members and subject to the .3 Whenever warrants are issued and there is no money limitations on the sale of real property by the City for the payment of the warrant, the City Treasurer shall, contained in this Charter. upon presentation of the, warrant, stamp the date of presentation on the face of the warrant, together with a .4 The Board shall adopt policies and procedures to statement that the warrant will bear interest thereafter at assure fairness in procuring personal property and the rate of 6 percent per year. The interest shall cease services and disposing of personal property. These after notice has been given to the holder, in the manner policies and procedures of the Board shall parallel the determined by the Board, that there is sufficient money policies and procedures adopted by the Council for the of the Board of Water and Light on hand to pay the purchase and sale of personal property and services warrant with interest. Warrants of the Board of Water unless the Board makes a specific finding that a City and Light are not general obligations of the City. policy or procedure is not consistent with the best practices for public utility operation. 15 .4 The Council may provide by ordinance procedures for Chapter 3. BOARD OF POLICE COMMISSIONERS the disbursement of monies of the Board of Water and 5-301 Duties Light by check issued by the Secretary of the Board in .1 The Board of Police Commissioners, hereinafter accordance with the ordinance. known as the Board, is established pursuant to Article 5, 5-205 Rates Chapter I of this Charter and shall have all the powers, .1 The Board may fix just and reasonable rates and duties and responsibilities of advisory boards in addition other charges as it may deem advisable for services to the following duties: furnished by the Board of Water and Light. .2 The Board shall establish administrative rules for the .2 The Board shall conduct a public hearing at least 30 organization and overall administration of the days prior to the effective date of any changes in rate department including promotional and training structure. At least 45 days before the public hearing, the procedures in consultation with the Chief of Police and Board shall file with the City Clerk a statement explaining Mayor. These administrative rules shall not be the new rates and charges together with a notice of the effectuated in accordance with Section 5-105. 8 of this public hearing. Notice to the public shall be given in the Charter but shall become effective upon filing with the same manner as is required for proposed ordinances. City Clerk. 5-206 Collection And Hearing Procedure .3 The Board shall approve rules and regulations for the .1 Upon the request of the Board, the City Council shall conduct of the members of the Department, in provide by ordinance for the collection of unpaid charges consultation with the Chief of Police and the Mayor. for public utility services furnished by the Board of Water .4 The Board in their rules shall establish a procedure for and Light and for the imposition and enforcement of liens receiving and resolving any complaint concerning the upon property served by the Board of Water and Light. operation of the department. .2 When any person fails or refuses to pay any sums .5 The Board shall review and approve the departmental due on utility bills, the service upon which the budget before its submission to the Mayor. delinquency exists may be discontinued and suit may be brought for the collection of the money owed. .6 The Board shall act as the final authority of the City in imposing or reviewing discipline of the department .3 The Board shall establish a procedure for the employees consistent with the terms of State law and resolution of disputes between the Board of Water and applicable collective bargaining contracts. Light and any of its customers concerning services or billing for services furnished in accordance with filed .7 The Board shall render an annual report to the Mayor rates, rules and regulations, and established Board and City Council, which shall include a description and policies and procedures. The procedure shall evaluation of the department’s activities during the incorporate the designation of an independent hearing previous year, including the handling of crime and officer. The hearing officer shall report to the Board and complaints, if any, and proposals for future plans. the Mayor the results of each hearing conducted and 5-302 Investigatory Power shall make recommendations to the Board on any Whenever necessary to carry out its assigned duties, the hearing, which has not been resolved. The Mayor may Board of Police Commissioners shall have the same make recommendations to the Board on each power to subpoena witnesses, administer oaths and unresolved hearing. The Board shall report its final require the production of evidence as the City Council. action on any unresolved dispute, together with the hearing officer’s report and recommendations to the Chapter 4. BOARD OF FIRE COMMISSIONERS Mayor and the City Council. 5-401 Duties 5-207 Sale Or Exchange Of Facilities .1 The Board of Fire Commissioners, hereinafter known The Board shall not, unless approved by the affirmative as the Board, is established pursuant to Article 5, vote of three - fifths of the electors voting thereon at a Chapter 1, of this Charter and shall have all the powers regular or special City election, sell, exchange, lease, or duties and responsibilities of advisory boards in addition in any way dispose of any property, easement, to the following duties. equipment, privilege, or asset needed to continue the .2 The board shall establish administrative rules for the operation of the Board of Water and Light. The organization and overall administration of the restrictions of this section shall not apply to the sale or Department, in consultation with the Chief of the Fire exchange of articles of machinery or equipment of the Department and the Mayor. These administrative rules Board of Water and Light, which are no longer useful or shall not be effectuated in accordance with Section which are replaced by new machinery for the operation 5105.8 of this Charter but shall become effective upon of the Board of Water and Light, or to the exchange of the filing with the City Clerk. property or easements for other needed property or easements. .3 The Board shall approve rules and regulations for the conduct of the members of the Department, in consultation with the Chief of the Fire Department and the Mayor. 16 .4 The Board, in their rules, shall establish a procedure .3 Members of the Board of Ethics shall be residents of for receiving and resolving any complaint concerning the the City and shall hold no elected public office and no operation of the department. other City office or employment. .5 The Board shall review and approve the departmental .4 The Board shall adopt rules governing its procedure budget before its submission to the Mayor. and the holding of regular meetings, subject to the approval of City Council. Special meetings may be held .6 The Board shall act as final authority of the City in when called in the manner provided in the rules of the imposing or reviewing discipline of the department Board. The Board shall select its own presiding officer employees consistent with the terms of the State law from among its members. and applicable collective bargaining contracts. .5 If any issue before the Board involves any member of .7 The Board shall render an annual report to the Mayor the Board, such member may not participate in Board and City Council, which shall include a description and deliberations pertaining to the member’s issue nor shall evaluation of the department’s activities during the such involved member be eligible to vote on any actions previous year, including the handling of complaints, if concerning the issue. any, and proposals for future plans. .6 All City employees and elected or appointed officials CHAPTER 5. BOARD OF ETHICS of the City shall cooperate with any investigations by the Board; such cooperation shall include the compilation 5-501 Standards Of Conduct and production of any information requested by the .1 The people of this City recognize that the continuation Board during an investigation unless the information of the proper operation of the City requires that public requested is exempt from disclosure under the officers and employees be independent, impartial and applicable state law. responsible to the people; that decisions and policy be made in the proper channels of governmental structure; .7 If any issue before the Board involves the office of the that members of the public have access to information City Attorney, the Board may engage the services of upon which decisions affecting their City are made; that outside counsel upon terms and arrangements approved public office and employment not be used for personal by City Council. gain; that the integrity and operation of City government to be subject to scrutiny of the public; and that acts or 5-503 Duties actions not compatible with the best interests of the City .1 At the request of a person, the Board of Ethics may be defined and prohibited. render an informal opinion with respect to the prospective conduct of such person. An informal opinion .2 In order to provide an orderly procedure for need not be written and may be provided directly to the consideration and review of the issues, which may arise requestor of such opinion. All written opinions of the concerning questions of standards of conduct for public Board of Ethics shall be filed with the City Clerk and are officers and employees, a Board of Ethics is created. open to public inspection. Written informal opinions shall be drafted in such a way as not to reveal information 5-502 Membership exempt from public disclosure under the applicable state .1 The Board of Ethics shall be a review board and shall law. consist of eight members; four members shall be appointed by the City Council, one from each city ward, .2 The Board of Ethics on its own initiative or upon and four shall be appointed by the Mayor. The City request may render and publish a formal opinion on any Attorney shall assist and advise the Board and the City matter within the scope of the Board’s authority which it Clerk shall serve as Recording Secretary to the Board may deem appropriate. and provide such administrative services to the Board as may be necessary; however, neither shall be eligible for .3 The Board of Ethics does not have the authority to appointment as board members. reverse or modify a prior action of the Mayor, City Council, or an officer or employee of the City. If the .2 Of the members appointed to the initial Board, the Board finds a prior action of the Mayor, Council, officer, Mayor and the City Council shall each appoint members or employee to have been ethically improper, the Board for a one-year, a two-year, a three year, and a four-year may advise the appropriate party or parties that the term. A member shall hold office until a member’s action should be reconsidered. Upon such advice by the successor is appointed. Thereafter each Mayoral- Board, the action shall be reconsidered by the appointed member and each Council-appointed member appropriate person or public body. If the Board shall serve for a term of four years. An appointment to fill determines an existing City contract to be ethically a vacancy shall be made by the Mayor to fill a vacant improper, after such determination and advice from the Mayoral appointed member position and by the City Board the City may void or seek termination of the Council to fill a vacant Council-appointed member contract if legally permissible. The Board may refer a position. Persons serving as members of the Board of matter to the City Attorney for review and consideration Ethics on the effective date of this section shall continue for appropriate action. Upon completion of review and as members until the expiration of their original terms. consideration, the City Attorney shall report its findings to the Board. 17 .4 The Board of Ethics may recommend to the Council (B) The negotiation of the contract; standards of conduct for officers and employees of the (C) The solicitation of the contract; City and changes in the procedures related to the administration and enforcement of those standards. (D) The entry into the contract; .5 The Board of Ethics shall review, at least annually, (E) Any City action by which the City officer or employee any documents required to be filed under ordinances may derive any income or benefit, directly or indirectly. adopted by the City for the purpose of establishing The above provisions shall not apply to individual or standards of conduct for officers and employees. collective bargaining agreements pursuant to which a .6 The Board, when it deems it appropriate, may request City officer or employee directly or indirectly receives the City Attorney’s Office for assistance in compelling income or benefits in the form of official remuneration as the production of documents and witnesses to assist the an officer or employee, or any City action pursuant to Board in the conduct of any investigation. which a City officer or employee directly or indirectly receives income or benefit as a member of the public at .7 Within one year from the effective date of this section large or any class thereof. At the first regularly the City shall provide an ethics manual for the use of all scheduled City Council meeting following the filing of an City officers and employees. Such manual shall first be affidavit pursuant to this section, the City Clerk shall approved by the Board of Ethics before distribution. notify the City Council of such filing. In particular cases Each City officer and employee shall acknowledge and for good cause shown, the Board may waive the ten receipt of said manual. (10) day prior notice requirement contained herein. .8 Proceedings before the Board are subject to the .2 An officer or employee who has any other conflict applicable state law regarding the conduct of public between a personal interest and the public interest as meetings. Records of the Board shall be filed with the defined by State law, this Charter, or ordinance shall City Clerk and are available for public review as required fully disclose to the City Attorney the nature of the by state law. conflict. 5-504 Protection Of Public Interest .3 Except as provided by law, no elective officer, .1 The City shall adopt, by ordinance, such standards for appointee or employee of the City may participate in, the conduct of public affairs as may be deemed vote upon or act upon any matter if a conflict exists. necessary to protect the public, including the ordinances referred to in this section. Chapter 6. PLANNING BOARD .2 The City shall adopt, by ordinance, no later than one 5-601 Planning Board year after the effective date of this section, restrictions .1 There shall be a Planning Board. similar to those enacted by the State of Michigan by .2 The members of the Planning Board shall be statute, prescribing standards of conduct for City officers appointed and confirmed in the manner set forth in and employees. To the extent permitted by law, the Section 5-103 of this Charter. ordinance shall generally include, but not be limited to, prohibiting the use of City office or employment for the .3 In addition to the regular members of the Planning private benefit of any person; prohibiting the divulging of Board, the City Council shall nominate and appoint two confidential information in advance of the time Council members who shall serve as ex-officio members prescribed for its authorized release to the public; of the Board, without a vote, for a one-year term prohibiting the use of City personnel resources for commencing on July 1 of each year. private gain; prohibiting the profit from an official position 5-602 Powers And Duties and acceptance of things of value by City officers or .1 The Planning Board shall have all of the powers and employees; requiring the financial disclosure by City duties granted to municipal planning commissions by officers and employees; and requiring lobbyist disclosure statute and all the powers and duties of advisory boards for all City officers and employees. provided by this Charter, together with such additional .3 Any violations of ordinances dealing with matters in powers and duties as may be provided by this Charter or this section shall be punishable to the maximum extent ordinance. permitted by law and may be made punishable by .2 The Planning Board is entitled to assistance from the forfeiture of office or position. staff of the Planning Department in evaluating or 5-505 Conflict Of Interest preparing any proposal relating to planning or .1 At least ten (10) days prior to the first of any of the development. All elective and appointive officers shall events set forth in (A), (B), (C), (D), and (E) below, a City furnish to the Planning Board, within a reasonable time, officer or employee who may derive any income or available information required by the Planning Board. benefit, directly or indirectly, from a contract with the City .3 The Planning Board shall review and make or from any City action, shall file an affidavit with the City recommendations on the Planning Department draft of Clerk detailing such income and benefit to be derived: the Capitol Improvement Plan prior to its submission to (A) The bidding of the contract; the Mayor and Council. 18 .4 The Board shall develop and maintain a master plan include the consideration of the impact of social, for the orderly development of the City. The plan shall physical, and economic factors. ARTICLE 6 – CITY EMPLOYEES Chapter 1. MERIT SYSTEM .3 Collective bargaining contracts shall become effective when ratified by the City Council in accord with State 6-101 Personnel Merit System law. .1 The City shall, by ordinance, establish a personnel merit system that meets the social, economic and .4 The chief personnel officer shall be responsible for the program needs of the City of Lansing. implementation of collective bargaining contracts. .2 The personnel merit system ordinance shall provide Chapter 3. PROHIBITION AGAINST DISCRIMINATION procedures to recruit, select, develop and maintain an 6-301 Non-Discrimination effective work force. No City employee or applicant for employment shall be 6-102 Administration Of Personnel Merit System discriminated against because of race, religion, national .1 The Personnel Merit System shall not cover any origin, age, political orientation, marital status, sex, employees of the Board of Water and Light, or handicap, or for any cause not reasonably related to the appointees of the Mayor, the City Council and the accomplishment of a legitimate governmental purpose. Internal Auditor. The City shall take affirmative action for the recruitment and advancement of members of groups under .2 The chief personnel officer shall determine by represented on any level of City employment as competitive examination, exclusively on the basis of compared to the minority and sex composition of the merit, efficiency and ability, the qualifications of all City. candidates for positions within the Personnel Merit System; make, promulgate and distribute rules and Chapter 4 EMPLOYMENT CONTRACTS regulations covering all personnel transactions; and 6-401 Limitation on Employment Contracts administer all conditions of employment within the All employment contracts for all at-will employees, Personnel Merit System. including Mayoral appointees, City department directors, .3 All persons hired by the City. other than those stated and at-will employees of any and all agencies, boards, in .1 of the section shall be processed through the office and commissions of the City, shall be limited to a of personnel and the chief personnel officer shall maximum term of one year. Furthermore, no such evaluate the level of competency of each candidate employment contract shall include terms that provide for against standards established prior to the evaluation. a payment at the time of separation from employment in excess of any compensation derived from vested or Chapter 2. LABOR RELATIONS accrued benefits, or payments required by law. If a department, agency, board, or commission cannot 6-201 Labor Management Activities reasonably fill a position with a qualified individual under .1 The Mayor shall have the overall responsibility for all these limitations, a position may be exempted from one of the labor relations of the City. or more of these limitations upon written .2 The Mayor shall designate the chief labor negotiator recommendation of the Mayor and the approval of City for the City with the advice and consent of the City Council by resolution. These limitations shall not apply to Council. The chief labor negotiator shall serve at the contracts established prior to January 1, 2016. pleasure of the Mayor and shall have charge of the role of the City in collective bargaining contract negotiations. ARTICLE 7 – TAXATION AND FINANCE 7-102 Council Budget Priorities Chapter 1. BUDGET The City Council shall adopt a statement of City-wide 7-101 Submission Of Budget budget Policies and priorities each year and shall On or before the fourth Monday in March of each year, transmit it to the Mayor no later thin October 1. the Mayor shall submit to the City Council a proposal for the annual estimate of all City revenues and annual 7-103 Budget Message appropriation of expenditures for all City agencies except .1 The Mayor shall submit with the Budget a message the Board of Water and Light, for the next fiscal year containing the necessary information for understanding beginning on July first. the budget. .2 The message shall explain how the proposal addresses the priorities proposed by the City Council 19 .3 The budget message shall contain detailed estimates 7-107 Effect Of Appropriation with supporting explanations of proposed expenditures .1 No money shall be drawn from the Treasury of the of each agency of the City except the Board of Water City except in accordance with an appropriation for that and Light. All such estimates ,shall show the actual purpose or except as provided in this section. appropriations and expenditures for corresponding items .2 This section does not apply to funds in the account of for the last preceding fiscal year, in full, and the Board of Water and Light. appropriations for the current fiscal year together with the expenditures for the current fiscal year to January 1 .3 Whenever an agency of the City reports to the and estimated expenditures for the balance of the Finance Director that the funds appropriated for a current fiscal year. particular purpose will be exhausted before the close of the fiscal year, and the agency has an unencumbered .4 The budget message shall state the bonded and other appropriation balance, the Mayor may authorize indebtedness of the City, showing the bond redemption additional spending for that purpose within the total and interest requirements of the debt authorized and appropriation for the agency, but the additional unissued, and the condition of the sinking funds if any. expenditure may not exceed 15 percent of the Council’s .5 The budget message shall contain detailed estimates appropriation being added to or $5,000.00, whichever is of all anticipated revenues of the City from sources other less. The Finance Director shall report the transfer to the than taxes with a comparative statement of the amounts City Clerk for transmission to the City Council at the next estimated for and actually received from each of the regular meeting of the City Council. same or similar sources for the last preceding fiscal .4 The appropriation of money for any purpose does not year, in full, for the current fiscal year to January 1, and constitute a mandate to spend the money. Each estimated revenues for the balance of the current fiscal remaining unencumbered appropriation balance at the year. end of each fiscal year shall revert to the general fund. .6 The budget message shall state the estimated 7-108 Supplemental Appropriations accumulated cash and unencumbered balance, or .1 At any time during the fiscal year, the City Council deficits, at the end of the current fiscal year. may consider appropriations which modify the previously .7 The budget message shall contain an estimate of the adopted annual appropriation to: amount of money to be raised from current and (a) transfer an unencumbered balance in whole or in part delinquent taxes and the amount to be raised from bond from any account or; issues, which together with available unappropriated surplus and revenues, from other sources, will be (b) provide for the expenditures of revenues in excess of necessary to meet the proposed expenditures. those in the budget or; 7-104 Budget Hearing (c) meet a public emergency affecting life, health, .1 The budget of the Mayor, together with all supporting property or the public peace, which may require schedules, information and messages, shall be a public emergency appropriations as provided by law. record and shall be reviewed by the Council as a .2 Supplemental appropriations shall be adopted by the committee of the whole. affirmative vote of two-thirds of the Council members .2 A public hearing on the annual appropriations shall be serving and the Finance Director shall give notice of held in the manner provided by law and at such such appropriations to all affected agencies within one additional times as the Council shall direct. week after Council action. 7-105 Adoption Of Budget Resolution 7-109 Capital Improvements Plan .1 Not later than the third Monday in May of each year, .1 The Capital Improvements Plan shall be prepared by the Council shall, by resolution, adopt a budget for the the Planning Department in accordance with applicable ensuing fiscal year and make an appropriation of the State law. money needed therefore. .2 The Mayor shall prepare within four months and the .2 The resolution shall designate the sum to be raised by City Council shall adopt within six months of the effective taxation for the general purpose of the City and for the date of this Charter, an ordinance that specifies a payments of principal and interest on its indebtedness. detailed planning and budgeting process for the Capital The adoption of the budget resolution shall constitute Improvements Plan. appropriations of the amounts specified from the funds .3 The Planning Board through the Planning Department indicated and a levy for the property tax specified. and other City departments, agencies and boards shall 7-106 Item Veto annually review and submit to the Mayor and City .1 The Mayor may veto any item which has the effect of Council a Capital Improvements Plan for the ensuing six appropriating money contained in any action of the City years. Council. .4 The City Council shall conduct a Public Hearing on .2 The veto procedure in Section 3-305 of this Charter the Capital Improvements Plan concurrent with the shall control when an item veto has been exercised. Public Hearing on the Annual City Budget. 20 7-110 Control Of Expenditures Assessor prior to the meeting of the Board of Review. During the months of October, January and April in each The failure to give notice shall not invalidate any fiscal year, the Director of Finance shall submit to the assessment roll or assessment thereon. Mayor and City Council data showing the relationship .5 The Assessor may change the assessment roll during between the estimated and actual revenues and the period of public inspection before certification but expenditures to date. If it shall appear that the revenues only as a result of information obtained after completion are less than anticipated, the City Council may, by of the tentative roll as a result of an inquiry or otherwise. resolution, reduce appropriations, except amounts required for debts and interest charges, to such a degree .6 Notice of the time and place of the meetings of the as may be necessary to keep expenditures within the Board of Review shall be published by the Assessor not revenues. less than one week prior to the first meeting thereof. 7-111 Uniform System Of Accounts 7-205 Board Of Review The system of accounts of the City shall conform to such .1 A Board of Review for property tax assessment is uniform system as may be required by law. created. Chapter 2. TAXATION .2 The Mayor shall appoint, subject to Council confirmation, five members serving staggered terms of 7-201 Power To Tax; Tax Limit three years each. In order to increase the membership of .1 The City shall have the power to assess taxes and to the Board of Review created under the previous Charter levy and collect rents, tolls and excises. The annual to five public members, one member shall I be appointed general ad valorem tax levy for municipal purposes shall to a term of at least two years expiring July 1, 1981, and not exceed 2 percent of the assessed value of all real one member shall be appointed to a term of at least one and personal property in the City. year expiring on July 1, 1980. Public members serving .2 Within three days after the Council has made the terms of three years at the time of the adoption of this appropriations for the ensuing year, the Clerk shall Charter shall continue until the expiration of their term. certify to the Assessor the total amount which the .3 The members of the Board of Review shall be Council determines shall be raised by general ad appointed on the basis of their knowledge and valorem tax. experience in property valuation. 7-202 Subjects Of Taxation .4 No member of the Board of Review shall hold any .1 The subjects of ad valorem taxation for municipal other public office or public employment in any local unit purposes shall be the same as for the state, county, and of government supported by Lansing property taxes in school purposes under the general law. whole or in part. All members of the Board of Review 7-203 Exemptions shall be residents of the City. The power of taxation shall never be surrendered or .5 Unless otherwise provided by ordinance, the Board of suspended by any grant or contract to which the City Review shall convene on the second Monday in March shall be a party. No exemptions from taxation shall be and sit for at least five calendar days. allowed, except such as are expressly required or permitted by State Law. .6 The Board of Review shall have such powers and duties as may be provided by law. The Board of Review 7-204 Duties Of The City Assessor shall adopt rules for its Conduct of business. .1 The City Assessor shall assess all real and personal property in the City of Lansing in the manner provided by .7 The Board of Review shall adopt rules for its conduct State law. of business. .2 The Assessor shall prepare and certify the current 7-206 Taxes Become Lien assessment roll to the Board of Review on or before the .1 City property taxes shall become a debt due by the date provided by ordinance. persons liable for them on the tax day as provided by State law. The debt shall become payable and a lien .3 The Assessor shall prepare and extend all tax rolls upon the property on July 1 next following, or as and deliver them to the Treasurer on or before the date provided by State law. provided by ordinance and in the manner provided by State law. .2 All personal taxes shall be a first lien, prior, superior, and paramount on all personal property of such persons .4 At least one week prior to the Assessor’s certification as assessed. Such lien shall take precedence over all of the assessment roll, the Assessor shall complete a other claims, encumbrances, and liens, to the extent tentative assessment roll for public inspection and give provided by statute, and shall continue until such taxes, notice to the owner as shown on the assessment roll, by interest, and charges are paid. first class mail, of any changes in the assessed value of any property as compared with the previous year or the .3 Personal Tax Lien and due dates may be accelerated addition of any property to the roll. The notice shall by Jeopardy Assessment, as provided by State law. advise the property owner that the change in valuation or addition of property may be discussed at the office of the 21 7-207 State, City, County, School And Community 7-302 Limitations On Borrowing College Taxes .1 The net bonded indebtedness for general obligations State, city, county, school and community college taxes of the City shall not exceed 10 percent of the assessed shall be levied, collected and returned, as provided by value of all the real and personal property in the City. ordinance, in conformity with State law. .2 No obligation shall be sold to obtain funds for any 7-208 Collection Of Taxes purpose or purposes other than that for which those .1 The Council shall provide, by ordinance, for the obligations were specifically authorized. method of payment of taxes and charges and for fees, .3 If any bonds are not sold within three years after penalties, and interest, or any of them, for the late authorization, the authorization shall be null and void. payment or non-payment of same. 7-303 Use Of Borrowed Funds .2 The ordinance herein required shall not be amended .1 Each obligation shall contain on its face a statement in such manner or at such time as to change the of the purpose for which it is issued. provisions thereof relative to any city tax collection commencing on the first day of July in the calendar year .2 All proceeds from the issue of an obligation shall be in which such ordinance is amended. expended for the purpose for which the obligation was issued until the purpose has been accomplished, and .3 There shall be no fee, penalty, or interest charged then for the retirement of other obligations of the City. during the first thirty-one days of the collection period, and the total fees, penalties, and interest charged before .3 The Council may authorize the remaining unexpended March 1 of the following year shall not exceed eight and unencumbered proceeds for use in any manner percent of such taxes and penalties. Such fees, permitted by State law. penalties, and interest shall constitute a charge and shall 7-304 Execution Of Obligations be a lien against the property to which the taxes All obligations issued by the City shall be executed with themselves apply, collectable in the same manner as the the signature of the Mayor and the City Clerk, unless taxes to which they are added. otherwise provided by ordinance, and shall bear the Seal .4 If any person shall neglect or refuse to pay any tax on of the City. Interest coupons may be executed with the personal property assessed, the Treasurer shall collect facsimile signatures of the Mayor and the City Clerk. the same as provided and required by State statute. 7-305 Special Assessment Bonds 7-209 Delinquent Tax Collection Procedure .1 The Council shall, subject to the general laws of the .1 The City may provide by ordinance for the State, have authority to borrow money in anticipation of enforcement and collection of delinquent taxes. the payment of special assessments made for the purpose of defraying the cost of any public improvement, .2 The ordinance shall make provision for notice, or in anticipation of the payment of any combination of disposition, judgment, a period of redemption and the such special assessments, and to issue bonds therefore. purchase of the City’s interest by the owner of an interest in the property. .2 Such special assessment bonds may be an obligation of the special assessment district or districts or may be .3 If no ordinance is in effect regulating the enforcement both an obligation of the special assessment district or and collection of delinquent taxes, such taxes shall be districts and a general obligation of the City. returned to the County Treasurer pursuant to the general tax laws. .3 All collections on each special assessment roll or combination of rolls shall be set apart in a separate fund .4 Except as otherwise provide by this Charter or for the payment of the principal and interest of the bonds ordinance, the rights, duties, powers, immunities and issued in anticipation of the payment of such special procedures established by the general laws shall apply assessments, and shall be used for no other purpose. in the collection and enforcement of City property taxes. Chapter 4. SPECIAL ASSESSMENTS Chapter 3. BORROWING 7-401 Power To Assess 7-301 General Borrowing Power .1 The City Council shall have the power to make public .1 The City may borrow money for any purpose within improvements within the City and, as to public the scope of its powers, may issue bonds or other improvements which are of such a nature as to benefit evidence of indebtedness, and may, when permitted by especially any property or properties within a district, the law, pledge the full faith and credit of the City for the Council shall have the power to determine, by resolution, payment of those obligations. that the whole or any part of the expense of any public .2 The enumeration of specific kinds of bonds or other improvement shall be defrayed by special assessment borrowing in this Charter shall not be deemed to exclude upon the property in districts especially benefited, in other kinds of bonds or other borrowing permitted by proportion to the benefits derived or to be derived. State law. .2 If, prior to the adoption of a resolution finally authorizing the making of a public improvement to be financed by special assessment, written objections to the 22 proposed improvement have been filed by the owners of debt to the City from the persons to whom they are property in the district, which according to estimates will assessed and" until paid shall be a lien upon the be required to bear more than 50 percent of the amount property assessed, for the amount of such assessments of such special assessments, no resolution finally and all interest and charges thereon. Such lien shall be determining to proceed with such improvement shall be of the same character and effect as created by this adopted, except by the affirmative vote of two-thirds of Charter for City taxes. the Council Members serving. .2 The Council may provide by ordinance for fees, 7-402 Procedure Ordinance penalties, and interest for the late payment or non The Council shall prescribe, by ordinance, the complete payment of special assessments, which fees, penalties, special assessment procedure governing the initiation of and interest shall be a lien and shall be collectable as projects, preparation of plans and cost estimates, are similar charges upon City taxes. The Council may creation of special assessment districts, notices and provide that delinquent special assessments be placed hearings, making and confirming of special assessment upon the tax roll, together with any accrued fees, rolls, correction of errors in such rolls, the number of penalties, and interest thereon, to be collected in all installments in which special assessments may be paid, respects as are City taxes on such roll, or may make collection of special assessments, refunds, and any other provisions for the lien created by such special other matters concerning the making and financing of assessments. improvements by the special assessment method. 7-406 Postponement Of Payments 7-403 Additional Assessments The Council may provide that persons who, in the .1 Additional pro rata assessments may be made when opinion of the Assessor and Council, by reason of- any special assessment roll proves insufficient to pay for poverty, are unable to contribute toward the cost of the the improvement for which it was levied and the making of a public improvement may execute to the City incidental expenses thereof or to pay the principal and an instrument creating a lien for the benefit of the City on interest on bonds issued in anticipation of such all or any part of the real property owned by them and assessment rolls. benefitted by any public improvement, which lien will mature and be effective from and after the execution of .2 Additional pro rata assessment shall not exceed 25 such instrument and shall be enforceable in the event percent of the assessment as originally confirmed unless that title to such property is thereafter transferred in any confirmed by vote of the City Council at a meeting for manner whatsoever. The Council shall establish the which notice has been given in the same manner as the procedure for making this section effective by ordinance. original special assessment. 7-407 Special Assessment Accounts 7-404 Contest Of Assessments Monies raised by special assessment for any public .1 Any person owning property specially assessed shall improvement shall be credited to a special assessment have 60 days from the mailing of a notice of confirmation account and shall be used to pay for the costs of the of the special assessment roll to notify the City Clerk in improvement for which the assessment was levied and writing of any claimed illegality in the special assessment of expenses incidental thereto, to repay any principal or process. The City shall presume that any person who interest on money borrowed therefore, and to refund neglects or refuses to assert a claim within the 60 day excessive assessments. period has withheld his or her claim for the purpose of unjustly obtaining a special benefit to the property to the 7-408 All Property Liable For Special Assessment detriment of the general taxpayers of the City. All real property, including such as is exempt from taxation by law or exempted by the Board of Review, .2 If the City Attorney submits a written opinion finding and with or without valuation placed thereon, shall be the special assessment roll illegal, in whole or in part, liable for the cost of public improvements benefiting such the City Council may revoke its confirmation, correct the property, unless exempted there from by law, the same illegality, if possible, and reconfirm it. No property shall as other property, as provided in Section 7-402, and be assessed more than was imposed upon the original such special assessments shall be levied, collected, and confirmation without further notice and hearing. returned, and the said premises may be sold or forfeited in the same manner as for nonpayment of City taxes. 7-405 Lien And Collection Of Special Assessments .1 Upon the confirmation of each special assessment roll, the special assessments thereon shall become a ARTICLE 8 – REGULATORY POWERS AND CONTRACTS Chapter 1. LICENSING authorized by permit, license or franchise, any trade, occupation, amusement, business or other activity within 8-101 Regulatory Power the City. .1 The City may, as provided by law, exercise its police powers to regulate, prohibit, or prohibit except as 23 .2 The City shall provide by ordinance, for the review of failure to comply with any regulation imposed under decisions of City agencies under this section in any case authority of Federal law, State law or this Charter; where such review is not provided for by this Charter or (b) Require proper and adequate extension and by law. maintenance of plant facilities at the highest practicable 8-102 Issuance Of Licenses standard of efficiency; The City Council shall provide, by ordinance, a (c) Establish reasonable standards of service and quality procedure for the issuance of licenses and permits. The of products, and prevent unjust discrimination in service ordinance shall, to the greatest extent possible, place or rates; the responsibility for the issuance of licenses and permits under one official in order that persons (d) Require continuous and uninterrupted service to the requesting specific licenses and permits will not have to public in accordance with the terms of the franchise contact more than one City office. throughout the entire period of the franchise, Chapter 2. FRANCHISES (e) Impose other regulations determined by the City to be conducive to the health, safety, welfare and 8-201 Limitations On Franchise convenience of the public, .1 A franchise, and all renewals, amendments and extensions of it, may be granted only by ordinance. (f) Require the public utility to pay any part of the cost of improvement or maintenance of the streets, alleys, .2 The City may approve such ordinance only after a bridges and public places of the City that arises from its public hearing has been held on it and after the grantee use thereof and to protect and save the City harmless named in it ties filed with the City Clerk its unconditional from all damages arising from such use; acceptance of all the terms of the franchise. (g) Require the public utility to permit joint use its .3 The ordinance may not take effect unless it has been property and equipment, located in the streets and public approved by the voters of the City, where State law so places of the City, by the City and other utilities, insofar requires, or, unless it has been approved by the as joint use may be reasonably practicable. In the affirmative vote of two-thirds of the Council Members absence of agreement and upon application by the serving where approval of the voters is not required by public utility, the City may provide for arbitration of the State law. terms and conditions for joint use. .4 When approval of the voters of the City is required, Chapter 3. PUBLIC UTILITIES the ordinance as approved by the City shall be published in a daily newspaper of general circulation in the City not 8-301 Public Utility Services Of City less than 30 days before the election at which it is The City shall have all the powers granted by law to submitted to the voters. The City may not call a special own, operate, improve, enlarge, extend, repair, and election unless the expense of holding the election has maintain public utilities, either within or without its first been paid to the City Treasurer by the grantee. corporate limits and either within or without the corporate limits of counties in which the City may lie, including, but .5 A franchise for the use of the streets or other public not by way of limitation, public utilities for supplying places of the City or for the transaction of a local water and water treatment, sewage disposal and business may not be sold or transferred in any manner treatment, electric light and power, gas, steam, heat, nor may a party other than the grantee use the public transportation, or any similar service to the franchise, unless the City consents by ordinance. municipality and the inhabitants thereof; and shall also .6 The grantee of a public utility franchise shall have the have the power to sell these services beyond its right to mortgage the franchise, with the approval of the corporate limits as authorized by law. City Council, which approval shall not be unreasonably 8-302 Disposal Of Municipal Utility Plants And Property withheld. The purchaser at a foreclosure sale shall have Unless approved by the affirmative vote of three fifths of the right to operate the franchise subject to the terms of the electors voting thereon at a regular or special City the franchise and provisions of this Charter. election, the City shall not sell, exchange, lease, or in 8-202 Standard Provisions Of Public Utility Franchise any way dispose of any property, easement, equipment, .1 A public utility franchise shall include provisions for privilege, or asset needed to continue the operation of fixing and periodically readjusting rates and charges at any municipal public utility. All contracts, grants, leases, the direction of the City and for requiring the holder to or other forms of transfer in violation of this section shall supply necessary information and access to records and be void and of no effect as against the City. The property. restrictions of this section shall not apply to the sale or exchange of machinery or equipment of any municipally .2 The City May, With Respect To Any Public Utility owned public utility, which is no longer useful or which is Franchise Granted, Whether Or Not So replaced by new machinery or equipment, or to the Provided In The Granting Ordinance leasing of property not necessary for the operation of the (a) Repeal the franchise for violation of or failure to utility, or to the exchange of property or easements for comply with any of its provisions, misuse or non-use, or other needed property or easements. 24 8-303 Rates operations and shall set forth the procedure for such .1 The provisions for setting rates and charges for disposition. electric, water, and steam services shall be in conformity 8-403 Purchase And Sale Of Real Property with the Revenue Bond Act (P.A. 94, of 1933, and .1 The City shall establish procedures by ordinance to Section 5-205.1 of this Charter. protect the interest of the City and to assure fairness and .2 The Council may set just and reasonable rates and consistency in the acquisition and disposition of interests such other charges as may be deemed advisable for in real property acquired by purchase, gift, supplying all other municipal services to the inhabitants condemnation, lease or otherwise either within or without of the City and others. the corporate limits of any county in which the City is located for any public use or purpose within the powers 8-304 Collection Of Municipal Utility Charges of the City. .1 The City Council may provide by ordinance for the collection of unpaid charges for public utility services .2 The ordinance on acquisition shall provide the furnished by the City and for the imposition and following procedures, which are similar in intent and enforcement of liens upon property served by the City. purpose to the acquisition provisions of Title III of Public Law 91-646, known as the Uniform Relocation .2 When any person fails or refuses to pay any sums Assistance and Real Property Acquisition Policies Act of due on utility bills, the service upon which the 1970: delinquency exists may be discontinued and suit may be brought for the collection of the money owed. When any (a) an appraisal before negotiation; person fails or refuses to pay any sums due for sewage (b) every reasonable effort made to acquire property disposal services furnished by the City, the payment for expeditiously by negotiation; such sewage disposal services may be enforced by the termination of the sewage disposal services by (c) the establishment of a just amount for compensation discontinuing the water service to the affected premises, not less than the fair market value stated in the notwithstanding that the water service for the collection appraisal; of sewage charges shall be in addition to any other (d) a prohibition against the sale of the property for less lawful enforcement remedy. than the established price except for reasons spelled out .3 The City shall establish a procedure for the resolution in the ordinance; of disputes between the City and any of its customers (e) adequate notice to quit the premises after receipt of concerning public utility services other than electric, compensation; water, and steam services. (f) permission for the occupant to remain in possession Chapter 4. PROPERTY in certain instances by payment of the fair market rental; 8-401 Purchases Of Personal Property And Services (g) a prohibition on coercive actions to compel .1 The City shall establish procedures, by ordinance, to agreement on the price; protect the interests of the City and to assure fairness in procuring personal property and services. The ordinance (h) a provision concerning the institution of shall require competitive bidding for purchases but there condemnation proceedings; may be exceptional cases, clearly defined in the (i) a provision for the acquisition of uneconomic ordinance in which competitive bidding is not required. remnants, which might remain after the acquisition of the The ordinance shall define "lowest responsible bidder" in property; a manner that will result in the lowest overall cost to the City. (j) provisions for the payment of the expenses of the proceedings in appropriate cases. .2 No purchase may be made by the City unless the office of the controller advises that there is an .3 The ordinance on disposition of real property shall unencumbered balance in the appropriation against require a public hearing at least one week prior to which the appropriation is to be charged to pay for the Council action on the issue of sale. Complete purchase. documentation on the details of the sale shall be on file in the office of the City Clerk at least 30 days prior to the 8-402 Sales Of Personal Property public hearing. The document shall include a statement .1 The City shall establish procedures by ordinance to of necessity of the property for public purposes. This protect the interests of the City and to assure fairness in subsection shall not apply to real property to be sold for disposing of personal property which has become less than $50,000. unsuitable for public use. The ordinance shall require competitive bidding for all sales, leases and transfers but .4 No interest in real property may be sold by the City may provide for exceptional cases, clearly defined in the without either the affirmative vote of the people or the ordinance in which competitive bidding is not required. affirmative vote of two-thirds of the Council members serving. .2 The ordinance shall define those dispositions of public property which are not in the ordinary course of City 25 .5 Any interest in real property which is being used or elector of the City voting on the question at a regular or occupied by the Board of Water and Light, or which special election. indicates in the deed that the property was acquired for Chapter 5. MARIJUANA the purposes of the Board of Water and Light, shall not be sold without the approval of the Board of Water and 8-501 Applicability of Code of Ordinances to Marijuana Light. Nothing in the Code of Ordinances shall apply to the use, possession or transfer of less than 1 ounce of .6 No park, recreation, cemetery, or waterfront land may marijuana, on private property, by a person who has be sold without the approval, by a majority vote, of the attained the age of 21 years. ARTICLE 9 – TRANSITION continued in accordance with the terms thereof, subject Chapter 1. CONTINUITY OF OFFICERS to the cy pres doctrine. 9-101 Status Of Officers Every person holding elective or appointive office on the 9-203 Pensions effective date of this Charter shall continue in office, or All pensions referred to in the previous Charter shall equivalent office, until the election and qualification of a remain in effect with the same status established in the successor or unless removed in accordance with law or previous Charter, unless changed in the manner the provisions of this Charter. determined by law. 9-102 Compensation Of Officers 9-204 Changes Of Time Schedules The compensation of all persons holding office under If the provisions in effect on the date of adoption of this this Charter shall continue according to the schedule of Charter regarding the time of the City elections or the compensation in existence prior to the effective date of time of the start of the fiscal year are superseded by this Charter. Any change in compensation shall be made subsequent statute, the Council shall, by ordinance, in the manner determined by law. adjust the affected times and dates in this Charter accordingly. 9-103 First Ordinances On Qualifications The City Council shall, no later than six months after the 9-205 Council Action On Transition effective date of this Charter, adopt ordinances on In all cases not covered by this Charter, the Council shall qualifications for each officer or department head by rule, resolution or ordinance prescribed procedures pursuant to Section 4-401 of this Charter. for transition from the government of the City under the previous Charter to that required under this Charter. Chapter 2. CONTINUITY OF RIGHTS AND LEGISLATION Chapter 3 COMMENCEMENT OF NEW CHARTER 9-201 Existing City Legislation And Rules 9-301 Effective Date Of This Charter All ordinances and resolutions of the City and all rules Except as otherwise specifically provided herein, this and regulations made by any officer or agency of the Charter shall become effective for all purposes when City which are not inconsistent in their content with this filed after adoption with the Secretary of State and the Charter shall remain in effect until changed by action County Clerk pursuant to statute. taken under this Charter. 9-302 First Election Under This Charter 9-202 Vested Rights And Liabilities The first regular election under this Charter shall be held .1 After the effective date of this Charter, the City shall at the same time as the election would have been held if be vested with all property, monies, contracts, rights, this Charter had not been adopted. City officers to be credits, effects, and the records, files, books, and papers elected at the next election in November, 1979, will be belonging to it under and by virtue of its previous two Council Members from wards, one each from Ward Charter. One and Ward Three and two Council Members elected at large. At an election to be held in November, 1981, .2 No right or liability, contract, lease, or franchise either officers to be elected will be the Mayor, City Clerk, two in favor of or against the City, and no existing suit or Council Members from wards, one each from Ward Two prosecution of any character, shall be affected in any and Ward Four, and two Council Members elected at manner by any change resulting from the adoption of large. this Charter, but the same shall stand or proceed, as if no change had been made. Chapter 4. ADOPTION OF CHARTER .3 All debts and liabilities of the City shall continue to be 9-401 Submission Of Charter To Electorate its debts and liabilities, and all debts to it and fines and This Charter shall be submitted to a vote of the qualified penalties, imposed and existing at the time of such electors of the City of Lansing at the election on change, shall be collected by the City. All trusts, Tuesday, August 8, 1978. All provisions for submission established for any municipal purpose, shall be of the question of adopting this Charter at the election shall be made in the manner provided by law. 26 9-402 Form Of Question YES ( ) The voters of the City of Lansing shall vote on the NO ( ) following proposition: Shall the Charter proposed by the Lansing Charter Commission be adopted? 27 Charter Commission Statement To the Citizens of Lansing: The City Council will determine city policy by passage of resolutions and ordinances, and adoption of the city At the general election on November 4, 1975, Lansing budget and it has the authority to investigate city depts. voters elected nine persons to serve on the Lansing The Council President will preside at City Council Charter Commission. State Law provides for persons meetings but the mayor or his executive assistant will elected to the Charter Commission to serve a term of attend all Council meetings to make reports or proposals three years, or place a Charter proposal on the ballot for and to respond to questions from Council members and the voters’ consideration on a maximum of three citizens. occasions. Citizen Boards: the board of water and light will Prior to the Commission’s election, four citizen study continue to be an administrative board. The police and groups, a professional study, and a unanimous fire boards will be advisory to the mayor and City Council resolution of the Lansing City Council had encouraged with additional administrative authority. All other citizen revision of the City Charter to establish clear lines of boards will be advisory with the responsibility of accountability and responsibility in the operation of City recommending policy to the mayor and City Council. Government and the specific delineation of the roles of the Mayor, City Council, City Boards and City Departments: The Structure Of City Departments Will Departments. Continue As It Currently Exists Within The 1955 City Charter; However, This Proposed Charter Encourages Since the Commission’s November 1976, and June Departmental Reorganization By The Mayor And The 1977, Charter Proposals were not approved by the City Council. The Commission Believes That City voters, the Commission has met with citizens and Departments Should Be Reorganized According To elected officials to determine the issues contained in Their Major Purpose And Functions In Order To Provide those proposals which were not acceptable to the voters. Services As Efficiently, Effectively And Economically As Possible. The Commission found that the bulk of objections to the prior drafts concerned rather specific additional items Non-Discrimination: discrimination by all city agencies which are not essential to the basic revision for an is prohibited and affirmative action programs are accountable structure. Accordingly, the Charter required. Commission has responded to voter desires and deleted from the present draft the features previously objected to Expiration of ordinances: The Sunset Concept. When such as the City employee residency requirement, has a City Council establishes, by ordinance, a new agency simply retained in the present proposal the existing eight or service of the city, the ordinance will contain an member City Council and leaves reorganization of city expiration date of not more than 10 years. The Council departments to the initiative of the Mayor and Council. A must then act prior to expiration either to discontinue the number of other earlier changes have either been agency or service, or re-enact it. The charter modified or eliminated. commission intent is that the Council will be required periodically to review and reevaluate city agencies and The present proposal retains many sections and ideas services. from the existing Charter, sometimes in identical language and sometimes in language which is briefer Ethics: a board of ethics will be created to establish and more understandable. The most significant changes standards of conduct for city employees, elected officials specifically delineate the roles and authority of the and city board members. Mayor, City Council, City Boards and City departments, Purchase and Sale of Real Property: the proposed assign clear lines of accountability and responsibility to charter requires a vote by the people prior to the sale of each, and establish safeguards which protect citizens any park, recreational, cemetery, or riverfront property. against the misuses of authority. All other property purchased or sold by the city with an To make clear what changes the proposed Charter will assessed value of $50,000 or more will be subject to a make, we summarize its most important provisions as public hearing prior to the purchase or sale. follows: Initiative and Referendum: the number of petition Executive: the mayor, elected by the city at large for a signatures for an initiative or referendum is reduced to four year term, is, for the first time, responsible for about 4,000 instead of the present charter requirement implementation and administration of city policy as of approximately 12,000 signatures. established by City Council, with authority to supervise, Charter Revision: the proposed charter provides that coordinate and direct activities of city departments and the question of charter revision will automatically come agencies and appoint most department heads. before the Lansing voters in the general election every Legislative: The City Council Consists Of 8 Members, 4 12 years. Elected At Large And 1 From Each Of The Four Wards. 28 Resolution of Adoption At a meeting of the Lansing.- Charter Commission of the City of Lansing. held in the office of the Charter Commission, Room G-1 36, Lobby Floor. Lansing, City Hall, on June 5, 1978, the following members of the Charter Commission adopted the following resolution: BE IT RESOLVED, that the Charter Commission of the City of Lansing does hereby adopt the foregoing Document as the proposed revised Charter of the City of Lansing, and the Clerk of this Commission is hereby instructed to transmit the proposed Charter to the Governor of the State of Michigan in accord with the provisions of Act No. 279 of the Public Acts of 1909, as amended. The vote on the adoption of the Resolution: Thomas C. Walsh, Chairperson YEA Shirley Sliker, Vice Chairperson YEA Nancy J. Baker, Member YEA Claud R. Erickson, Member NAY Dick Holmes, Member YEA Knight D. McKesson, Member YEA Malcolm L. Milks, Member ABSENT C. R. Stebbins, Member NAY Richard L. Zimmerman, Member YEA Ayes: 6; Nays: 2; Abstaining: 0; Absent: 1 - Resolution declared adopted. The Commissioners having attested to said Resolution as set forth above, the Proposed Charter Document is hereby adopted and placed on file with the office of the Lansing City Clerk to be submitted to the voters of the City of Lansing for their approval at the City Election to be held on August 8, 1978. Dorothy Treska, Secretary to the Lansing Charter Commission and Deputy City Clerk. Dated: June 7, 1978 Amendments to the Charter This Charter incorporates the following amendments: Addition of Article 6, Chapter 4 – Employment Contracts – Section 6.401 Limitation on Employment Contracts. Approved by the voters of Lansing at the election of November 3, 2015. Revision to Article 5, Chapter 1 – General Provisions for Boards – Section 5-103 Appointment of Board Members, add Subsection 5-103.12. Approved by the voters of Lansing at the election of November 4, 2014. Revision to Article 5, Chapter 1 – General Provisions for Boards – Section 5-108 Limitation Of Powers Boards, add Subsection 5-108.3. Approved by the voters of Lansing at the election of November 4, 2014. Addition of Article 8, Chapter 5 – Marijuana – Section 8-501 Applicability of Code of Ordinances to Marijuana. Approved by the voters of Lansing at the election of November 5, 2013. Revisions to Article 3, Chapter 2 - Meetings of Council - Section 3-201.1 Meetings. Approved by the voters of Lansing at the election of August 7, 2012. Revisions to Article 5, Chapter 5 - Board of Ethics. Approved by the voters of Lansing at the election of November 8, 1994. Revisions to Article 2, Chapter 2 - Election of Officers - Section 2-204 Method of Nomination. Approved by the voters of Lansing at the election of November 2, 1993. Chris Swope, Lansing City Clerk Dated: June 2016 29 Prepared by: Lansing City Clerk’s Office Chris Swope, City Clerk th 124 W. Michigan Ave. 9 Floor Lansing MI 48933 517-483-4131 www.lansingmi.gov/clerk city.clerk@lansingmi.gov 30