HomeMy WebLinkAboutCity Charter.1994 Cityof Lansing
City Charter
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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 and 1994.
Prepared by:
Lansing City Clerk's Office
Chris Swope, City Clerk
LANSING CITY CHARTER
Table of Contents
Chapter 1. GOVERNMENT 1 2-407 Submission By Council 5
1-101 Establishment Of Government 1 2-408 Determining Result Of Election 5
1-102 Boundaries 1 2-409 Amendment, Repeal And Reenactment 5
2-410 Charter Revision Question 5
Chapter 2. INTERPRETATION OF CHARTER 1 2-411 Charter Amendments 5
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
Chapter 1. OFFICERS 2 3-301 City Action Requiring An Ordinance 7
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 3-30 Effective Date Of Ordinance 7
2-105 Bonds Officers 3 3-307 Expiration Of Ordinances 7
2-106 Oath Off 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 18
4-301 Organization Of Departments 10 6-101 Personnel Merit System 18
4-302 Finance Department 10 6-102 Administration Of Personnel Merit System 18
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 4-402 Heads Of Agencies 12 ARTICLE 7 — TAXATION AND FINANCE 19
Chapter 5. CLERK 12 Chapter 1. BUDGET 19
4-501 City Clerk. 12 7-101 Submission Of Budget 19
4-502 Chief Deputy City Clerk 12 7-102 Council Budget Priorities 19
7-103 Budget Message 19
7-104 Budget Hearing 19
ARTICLE 5 — BOARDS AND COMMISSIONS 7-105 Adoption Of Budget Resolution 19
13 7-106 Item Veto 20
7-107 Effect Of Appropriation 20
Chapter 1. GENERAL PROVISIONS FOR BOARDS 13 7-108 Supplemental Appropriations 20
5-101 Citizen Involvement In Government 13 7-109 Capital Improvements Plan 20
5-102 Types Of Boards 13 7-110 Control Of Expenditures 20
5-103 Appointment Of Board Members 13 7-111 Uniform System Of Accounts 20
5-104 Ineligibility For Boards 13
5-105 Organization Of Boards- Rules Of Procedure14 Chapter 2. TAXATION 20
5-106 Advisory Board Functions 14 7-201 Power To Tax; Tax Limit 20
5-107 Continuation Of Existing Boards 14 7-202 Subjects Of Taxation 20
5-108 Limitation On Powers Of Boards 14 7-203 Exemptions 20
7-204 Duties Of The City Assessor 21
Chapter 2. BOARD OF WATER AND LIGHT 14 7-205 Board Of Review 21
5-201 Board Of Water And Light 14 7-206 Taxes Become Lien 21
5-202 Director, Internal Auditor, Secretary 14 7-207 State, City, County, School And Community
5-203 Powers Of The Board 15 College Taxes 21
5-204 Withdrawal Of Funds 15 7-208 Collection Of Taxes 21
5-205 Rates 15 7-209 Delinquent Tax Collection Procedure 21
5-206 Collection And Hearing Procedure 15
5-207 Sale Or Exchange Of Facilities 16 Chapter 3. BORROWING 22
7-301 General Borrowing Power 22
Chapter 3. BOARD OF POLICE COMMISSIONERS 16 7-302 Limitations On Borrowing 22
5-301 Duties 16 7-303 Use Of Borrowed Funds 22
5-302 Investigatory Power 16 7-304 Execution Of Obligations 22
7-305 Special Assessment Bonds 22
Chapter 4. BOARD OF FIRE COMMISSIONERS 16
5-401 Duties 16 Chapter 4. SPECIAL ASSESSMENTS 22
7-401 Power To Assess 22
CHAPTER 5. BOARD OF ETHICS 16 7-402 Procedure Ordinance 22
5-501 Standards Of Conduct 16 7-403 Additional Assessments 22
5-502 Membership 17 7-404 Contest Of Assessments 22
5-503 Duties 17 7-405 Lien And Collection Of Special Assessments 23
5-504 Protection Of Public Interest 18 7-406 Postponement Of Payments 23
5-505 Conflict Of Interest 18 7-407 Special Assessment Accounts 23
7-408 All Property Liable For Special Assessment 23
Chapter 6. PLANNING BOARD 18
5-601 Planning Board 18 ARTICLE 8 — REGULATORY POWERS AND
5-602 Powers And Duties 18 CONTRACTS 23
ARTICLE 6 — CITY EMPLOYEES 18 Chapter 1. LICENSING 23
8-101 Regulatory Power 23
8-102 Issuance Of Licenses 23 9-102 Compensation Of Officers 25
9-103 First Ordinances On Qualifications 25
Chapter 2. FRANCHISES 23
8-201 Limitations On Franchise 23 Chapter 2. CONTINUITY OF RIGHTS AND
8-202 Standard Provisions Of Public Utility Franchise LEGISLATION 26
24 9-201 Existing City Legislation And Rules 26
9-202 Vested Rights And Liabilities 26
Chapter 3. PUBLIC UTILITIES 24 9-203 Pensions 26
8-301 Public Utility Services Of City 24 9-204 Changes Of Time Schedules 26
8-302 Disposal Of Municipal Utility Plants And 9-205 Council Action On Transition 26
Property 24
8-303 Rates 24 Chapter 3 COMMENCEMENT OF NEW CHARTER 26
8-304 Collection Of Municipal Utility Charges 24 9-301 Effective Date Of This Charter 26
9-302 First Election Under This Charter 26
Chapter 4. PROPERTY 24
8-401 Purchases Of Personal Property And Services Chapter 4. ADOPTION OF CHARTER 26
24 9-401 Submission Of Charter To Electorate 26
8-402 Sales Of Personal Property 25 9-402 Form Of Question 26
8-403 Purchase And Sale Of Real Property 25
CHARTER COMMISSION STATEMENT 27
ARTICLE 9 - TRANSITION 25
Chapter 1. CONTINUITY OF OFFICERS 25 RESOLUTION OF ADOPTION 28
9-101 Status Of Officers 25
ARTICLE 1 —GENERAL
Chapter 1. GOVERNMENT ELECTORS means persons registered to vote in the
1-101 Establishment Of Government City. Percentages of electors shall be determined as of
The people of the City of Lansing, by adoption of this the most recent election.
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
1-102 Boundaries the recipient of a franchise of the City of Lansing.
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
Chapter 2. INTERPRETATION OF CHARTER citizens.
1-201 Powers Of The City LAW refers to principles of conduct, which must be
The City has the comprehensive home rule power obeyed. There is no intention in this Charter to
conferred upon it by the Michigan Constitution, subject distinguish among those jurisdictions with power to
only to the limitations on the exercise of that power declare the law unless specific reference is made to
contained in the Constitution or this Charter or imposed federal law, state law or local law. There is no intention
by statute. The City also has all other powers, which a to limit the meaning of LAW to those laws in effect on the
city may possess under the Constitution and laws of this effective date of the Charter.
State. MEMBERS ELECT means that all seats are counted in
1-202 Liberal Construction determining an ordinary or extraordinary majority.
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
1-205 Definitions entities, recognized as persons by state law.
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
AGENCY means any board, commission, department, newspapers circulated in the City or by posting on the
division, office or other organization of City government official bulletin boards of the City.
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
AGENCY OF THE EXECUTIVE BRANCH means those ARTICLES.
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
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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
.2 No person shall dispose of, mutilate, or destroy any corporate limits of the City. The participation of the City
records of the City, except as provided by law. in those organizations is not subject to the limitations of
this Charter. The City shall endeavor to secure the
1-302 Non-Discrimination And Civil Rights application of the principle of one person, one vote in
.1 In the exercise of its powers or in the performance of any regional body. The City appointees to such
its duties the City and all of its agencies shall ensure that organization shall file a report on their activities with the
no person or group engaged in the conduct of official Mayor and City Council at least once a year.
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
.2 The City and all its agencies shall ensure that the civil of police or fire services or for the compensation of the
and constitutional rights of all persons are not denied or City for police or fire services.
abridged. 1-403 Judiciary
Chapter 4. GOVERNMENTAL COOPERATION Judicial authority shall be organized and exercised
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
2-101 Elective Officers or any felony shall not be eligible to hold any City office
.1 The elective officers shall be the Mayor, eight for a period of 20 years from the date of the conviction.
members of the City Council and the City Clerk. .2 No person who is in default to the City shall be eligible
.2 Each officer shall have a term of four years to hold any City office.
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-
.3 The terms of office of the Council Members shall be elective office or employment for which compensation is
staggered so that two City Council Members elected paid by or through any agency of the City until the
from wards shall stand for elections every two years and Person has been out of office for one year.
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
2-102 Qualifications For Elective Office compensation or the procedure for determining the
Every city official holding elective office shall be a compensation of all officers and employees of the City.
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
2-103 Ineligibility For Office commission ordinance shall be amended to provide a
.1 Any person who has been convicted of either a procedure for calling the compensation commission
violation of the election laws of this City, this State or the together at a time to be determined by the City Council.
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
.2 The City Council may require bonds from other City.
officers and employees. .4 In lieu of submitting nominating petitions, a candidate
.3 All bonds shall be approved by the City Attorney and may nominate himself or herself for City office by
filed with the City Clerk. submitting a filing fee of one hundred dollars ($100.00).
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
2-201 Time Of Elections .1 The conduct of City elections shall be the
The primary and general elections for all City offices responsibility of the Election Commission consisting of
shall be at the time provided by State law. the City Clerk, the City Attorney and the Assessor. The
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
2-203 Wards The general election laws of the state as supplemented
.1 The City of Lansing shall be divided into four wards, by the provisions of this Charter and relevant ordinances
from each of which a member of the City Council shall shall apply to the qualifications and registration of voters,
be nominated and elected. the filing for office by candidates, and the conduct and
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
.3 The Election Commission shall revise the boundaries Whenever an elective officer of the City has failed to
of the wards within 60 days after the figures from the perform the duties of the office for 60 consecutive days
Federal decennial census becomes available. New ward or more, the Council shall vote to excuse or not to
boundaries created within 120 days of a City primary excuse the inability at each Council meeting until the
election shall become effective after the general election. officer resumes the duties of the office. If the Council
does not excuse the inability at any meeting, after the 60
.4 The Election Commission shall, to the greatest extent days have lapsed, the office shall be forfeited at the
possible, establish wards that are compact, contiguous close of the meeting.
and of equal population. 2-302 Forfeiture And Removal For Cause
2-204 Method Of Nomination .1 The City Council shall declare the forfeiture of the
.1 The method of nomination for all elective offices in the office of any elective officer or appointee and may
City shall be by petition, or by a candidate submitting a remove for cause any person appointed to an office for a
filing fee. A primary election shall be held on those fixed term. In every case there shall be a public hearing
occasions when the number of persons submitting valid before the City Council with notice published in the same
nominating petitions or filing fees exceeds twice the manner as notices of proposed ordinances. A Council
number of positions to be filled in the office. member charged with conduct constituting grounds for
.2 Nominating petitions submitted by candidates for forfeiture may not participate in the resolution of the
offices to be filled by voters of a ward shall be signed by charge.
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
(a) lacks at any time any qualifications required by this Mayor.
Charter. Chapter 4. BALLOT ISSUES
(b) is convicted of a felony while holding the office or 2-401 Recall
appointment. Any official holding an elective office may be recalled
(c) violates a provision of this Charter punishable by and the vacancy created be filled in the manner provided
forfeiture. by law.
.3 Decisions made by the City Council under this section 2-402 Initiative And Referendum
are not review able by the Mayor but are subject to The people reserve to themselves the power to propose
judicial review in a hearing de novo. Any resident of the ordinances and to enact and reject ordinances, called
City may petition an appropriate court to require the City the initiative, and the power to approve or reject
Council to hold a public hearing on the forfeiture of an ordinances enacted by the City Council, called the
office if the City Council has unreasonably refused to referendum.
proceed. 2-403 Petitions For Initiative And Referendum
2-303 Filling Vacancies .1 Initiative and referendum petitions must be signed by
.1 Whenever a vacancy occurs in the office of Mayor, the a number of City electors equivalent to at least 5 percent
President of the City Council shall fill the office until of registered electors of the City.
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
.2 Whenever the City Council, by a vote of two-thirds of signatures or is otherwise improper, the City Clerk shall
the members serving, declares that the temporary forthwith notify the person filing such petition by regular
absence of the Mayor from the City or the inability of the mail of the deficiency and 10 days shall be allowed for
Mayor to perform the duties of the office has created a filing supplemental petition papers.
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
.3 If the President at any time declines to serve as Acting a report that the petition does not contain a sufficient
Mayor, the Council may designate another of its number of valid signatures or, if the City Clerk finds the
members to serve as Acting Mayor. petition to be sufficient, until final determination by the
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
(1) adopt the ordinance as submitted in the petition, or effect in this Chapter for submission of proposals
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
(b) if it is a referendum petition, initiative or referendum election shall be determined by a
(1) repeal the ordinance to which the petition refers, or majority of the voters voting on the question.
(2) direct the submission of the proposal to the electors. .2 If two or more inconsistent initiative or referendum
measures are submitted to the voters at the same
.2 Submission to the voters shall take place at the next election, the measure receiving the highest number of
regular election, or at a special election held prior to the affirmative votes shall prevail to the extent of their
next regular election. inconsistency.
2-406 Special Elections 2-409 Amendment, Repeal And Reenactment
.1 Special City elections shall be held when called by .1 An ordinance adopted by the voters through initiative
resolution of the City Council at least 50 days in advance proceedings may not be amended or repealed by the
of the election, or when required by this Charter or state City Council for a period of two years after the date of
law. Any resolution calling a special election shall set the election at which it was adopted.
forth the purpose of such election. .2 An ordinance nullified by the voters through
.2 Special elections to fill vacancies shall be called at referendum proceedings may not be re-enacted by the
least 90 days before the general election. A special City Council for a period of two years after the election at
primary election shall be held at least 25 days before the which it was nullified.
special general election. 2-410 Charter Revision Question
.3 Any election to, fill a vacancy in an elective City office The question of whether there shall be a general revision
shall be held on election day in November and shall be of the City Charter shall be submitted to the voters of the
preceded by a primary election. No general election to fill City of Lansing at the November general election held in
a vacancy may be held unless the vacancy occurred at 1987 and every 12 years thereafter and may be
least six months prior to the general election. submitted at other times in the manner provided by law.
.4 Whenever a vacancy in the office of Mayor, City Clerk 2-411 Charter Amendments
or City Council exists for 30 days and the City Council .1 This Charter may be amended by a majority vote of
has failed to fill the vacancy, the Election Commission the electors in the manner provided by statute.
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
3-101 City Council chosen a Council President. Thereafter, the Council
The legislative power of the City is vested in the City President shall preside at all formal sessions of the City
Council. The City Council shall have the powers and Council when present.
duties provided by law or this Charter. .4 The Council may establish special or ad hoc
3-102 Organization Of Council committees limited in time and purpose.
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
.2 At its annual organizational meeting the City Council performance of its legislative responsibilities, standing
shall select from its members a presiding officer and a committees may be established. No standing committee
person to act in the absence of the presiding officer. shall be administrative in nature, nor shall it parallel the
They shall be known as the Council President and the administrative structure of City government.
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
.7 The City Council may, at any of its Meetings absent members at a duly called meeting by a majority
deliberate as a committee of the whole. vote of the Council members present whether or not
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,
.3 The rules shall provide that there shall be a time on except as otherwise provided by this Charter for the
the agenda of each Council meeting for a report from the filling of vacancies and resolving a conflict of interest of a
Mayor and a time for the Mayor or a representative of Council member. A vote of two-thirds of the Council
the Mayor to respond to questions. members serving shall require the affirmative vote of six
.4 The rules shall provide a reasonable opportunity for of the eight serving Council members. If there are one or
members of the public to be heard at Council meetings. more vacancies existing on the Council and a vote of
two-thirds of the Council members serving is required,
3-104 Maintenance Of Order an affirmative vote of five Council members shall be
The City Council shall have the authority to maintain sufficient to adopt.
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
Chapter 2. MEETINGS OF COUNCIL of the members serving, except that no member shall
3-201 Meetings vote on any question upon which that member has a
.1 The City Council shall meet weekly at least 50 weeks conflict of interest or a financial interest other than as a
a year, at such times and places as shall be stated in the citizen of the City. If a conflict of interest question is
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
.2 Meetings of the City Council shall be open to the the main question shall be voted on, but the Council
public except in those limited instances where State law member affected shall not vote on such determination.
authorizes closed meetings. .3 The affirmative and negative votes shall be taken and
.3 Notices of all meetings of the City Council shall be recorded on all ordinances, and whenever requested by
posted at City Hall and such other locations considered one or more Council members, on any other matter.
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.
.2 At least 18 hours before the meeting, the clerk shall .3 To enforce a subpoena or order for production of
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
usual place of residence of the Council member. 3-207 Rights And Responsibilities Of Council Members
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
3-203 Quorum specific information in response.
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
may recess any meeting or hearing to a later time. .3 Except as may otherwise be provided by law or this
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
Chapter 3. LEGISLATION record all ordinances and resolutions in a properly
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
(c)amend or repeal any ordinance previously adopted. public at reasonable prices to be fixed by the City
.2 Other Council actions may be taken either by Council.
ordinance or resolution. 3-305 Veto
3-302 Introduction Of Ordinances .1 Every ordinance and resolution passed by the City
.1 Every proposed ordinance shall be introduced in Council is subject to veto by the Mayor.
writing. .2 No ordinance or resolution of the City Council subject
.2 No ordinance may contain more than one subject, to review by the Mayor shall have any force or effect if
which shall be clearly stated in its title. the Mayor prepares and signs a notice in writing
suspending the operation of such ordinance or resolution
.3 The enacting clause shall be "The City of Lansing which sets forth reasons for the veto, and the notice is
ordains ........ filed in the office of the City Clerk before five o'clock on
.4 An ordinance which only amends the schedules the afternoon of the third working day following the
related to the regulation of traffic and parking need not
adoption of the ordinance or resolution.
be republished in full. The sections to be amended of all .3 If a notice of veto is filed, the ordinance or resolution
other ordinances shall be re-enacted and published in shall not become law without further affirmative vote of
their entirety clearly indicating the matter to be omitted two-thirds of the Council members serving at a meeting
and the matter to be added. held within two weeks of the notice of veto.
.5 An ordinance which repeals an existing ordinance 3-306 Effective Date Of Ordinance
may state the number, title, a brief description of the .1 Every published ordinance shall become effective at
ordinance and the reasons for the repeal without 12:01 a.m. on the 30th day after enactment or at any
restating the text of the ordinance being repealed. later date specified.
.6 Objections to the form of an ordinance, which are .2 The City Council may give immediate effect to any
raised for the first time after the effective date of the ordinance by an affirmative vote of two-thirds of the
ordinance shall not invalidate the ordinance. Council members serving whenever it finds that there is
3-303 Public Hearing On Ordinance a public necessity for eliminating delay in making an
.1 Upon introduction of any ordinance, the City Clerk
ordinance effective.
shall distribute a copy to each Council Member and to 3-307 Expiration Of Ordinances
the Mayor. A reasonable number of copies shall be filed .1 Every ordinance which creates a regulatory function,
in the office of the City Clerk and such other public an agency of the City or provided for a service to be
places as the City Council may designate. rendered to the public shall state that it shall expire on a
.2 Notice to the public of a public hearing on the
specific date not more than ten years after the date of
adoption.
consideration of the proposed ordinance shall be given
by publication or in the manner determined by the City .2 Six months prior to the expiration date of each such
Council. ordinance the Clerk shall notify the Council of the
.3 The public hearing may be held not sooner than five expiration date.
days after the public has been provided notice of the .3 Two months prior to the expiration date the Council
hearing. The public hearing may be held separately or at shall take formal action, either to re-enact the ordinance,
a regular or special meeting of the City Council. or by resolution, state its intent that the ordinance shall
.4 All interested persons shall have an opportunity to be
expire.
heard. .4 The failure of the Clerk or Council to act shall not
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
.4 No emergency ordinance shall be effective for more achieved in City programs, services and activities.
than 60 days. .4 As soon as possible after the close of each fiscal year,
3-309 Codification Of Ordinances the Internal Auditor shall provide an analysis of the
.1 Within three years after the effective date of this financial position of the City. The report shall be a public
Charter and at least every 10 years thereafter, the City record.
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
.2 The codification shall be enacted by ordinance and and recommendations to the City Council and file a copy
shall be published promptly in loose leaf form, together with the Mayor and the Clerk.
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
.3 This compilation shall be known as the Lansing City improving the accounting procedures and systems of the
Code and copies shall be: furnished to City officers, agency. A copy of each report on irregularities and
placed in libraries and public offices for free public erroneous accounting methods shall be referred to the
reference, and made available for purchase by the public Mayor.
at a reasonable price fixed by the City Council. .7 The Internal Auditor shall evaluate the Capital
.4 After publication of the first Lansing City Code under Improvement Plan.
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
3-401 Internal Auditor Auditor shall not have any connection with any City
.1 The City Council shall appoint a qualified person as agency, nor be custodian of any cash or securities
the Internal Auditor. belonging to the City.
.2 The Internal Auditor shall be responsible to the City 3-404 External Audit
Council and may be removed by a majority of the City .1 An independent audit shall be made of all accounts of
Council members serving. the City government, including the Board of Water and
Light, at the close of each fiscal year, and shall be
3-402 Powers And Duties completed by October ]5th. 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
4-101 Mayor of real property owned by the City in accord with Section
The Mayor shall be the chief executive officer of the City 8-403 of this Charter.
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
duties granted to the Mayor by law or this Charter. property owned by the City. The report shall include the
4-102 Obligations Of Leadership status of all parcels and an analysis and
.1 The Mayor shall exercise supervision and recommendation for the appropriate management and
coordination over the several departments of use of each.
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
.2 The Mayor, or the Executive Assistant to the Mayor, all requests for information and all complaints
shall attend all regular and special meetings of the City concerning the operation of the City government in a
Council to submit such reports and proposals to the City prompt and efficient manner.
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
.3 The Mayor shall recommend to the City Council I from another officer of the city by filing notice of specific
time to time, proposals for meeting the needs and delegation with the City Clerk.
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.
.5 The Mayor shall be responsible for the development .3 The Executive Assistant shall be appointed solely on
and preparation of the budget. the basis of the person's ability to exercise the powers
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
Chapter 3 DEPARTMENTS be organized as far as practicable according to their
major purpose and function in order to provide service
4-301 Organization Of Departments as efficiently, effectively and economically as possible.
.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.
.2 The following agencies of the City shall have the .6 The Fire Department and Police Department may be
power and duties described in this Charter: assigned, by ordinance, additional duties compatible
with the general purposes of the departments. The
(A) Board of Water and Light(Sections 5-201 to 5-207) Board of Water and Light may be assigned added duties
(B) Finance Department(Section 4-302) by agreement between the Board and the City Council.
No agency of the executive branch shall have any
(C) Fire Department(Section 4-303) administrative authority over the Board of Water and
(D) Law Department (Section 4-304) Light.
(E) Parks and Recreation Department (Section 4-305) 7 The Mayor may prepare one or more executivereorganizational plans which, consistent with law and
(F) Planning Department (Section 4-306) this Charter, provide for reorganization of one or more
agencies of the executive branch, and assign authorized
(G) Police Department (Section 4-307) programs, services and activities to each agency. The
(H) Public Service Department(Section 4-308) Mayor shall submit an initial reorganizational plan not
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
These include: request the Mayor to make modifications in it. Ninety
days after the submission of a plan to the City Council,
(1)Air Pollution the plan shall become effective and shall become
(2) Building Inspection and Safety operational as stated in the plan, with such modifications
as are accepted by the Mayor, unless disapproved by a
(3) Central Garage resolution adopted by two-thirds of the City Council
(4) City Market members serving.
(5) Civic Center 4-302 Finance Department
.1 The Director of Finance shall be the administrative
(6) Community Development head of the Department of Finance and shall be
(7) Data Processing responsible to the Mayor for the provision of financial
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
(10) Housing and Redevelopment divisions of Accounting, Assessments, Budget
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
(13) Municipal Parking System Fire Department and shall be responsible to the Mayor
for the provision of its fire protection services, fire
(14) Personnel prevention services and such other services as may be
(15) Program Coordinator assigned to it by the City. All services shall be rendered
to the city in a manner consistent with the best standards
(16) Property Management and practices.
(17) Purchasing .2 The Fire Chief shall be appointed by the Mayor from
(18) Safety candidates recommended by the Board of Fire
Commissioners.
(19)Traffic .3 The Mayor may suspend the Fire Chief and shall
(20)Weights and Measures notify the Board of Fire Commissioners of the reasons
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.
.5 The Department shall maintain and operate such .3 The Department of Planning shall receive all reports
ambulance, inhalator, and other life saving and concerning development matters and other information,
emergency services as the welfare of the inhabitants of which it requests.
the City may require and as the Council may direct. .4 The director shall, with the head of any agency
4-304 Law Department involved, evaluate all reports and information received
.1 The City Attorney may be appointed by the Mayor and by the department in the light of the policies, programs
confirmed by the City Council. The City Attorney shall be and priorities of the adopted master plan.
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
.3 The City Attorney shall advise the officers and and facilities which impact on the social, physical and
agencies of the City, in writing, on matters relating to economic development of the City.
their official duties upon request, 4-307 Police Department
.4 The City Attorney shall prepare or approve as to form, .1 The Chief of Police shall be the administrative head of
all bonds, contracts, ordinances and other written the Police Department and shall be responsible to the
instruments in which the City is concerned. Mayor for the provision of Police service to the City.
.5 The City Attorney shall prosecute or defend all cases .2 The Chief of Police shall be appointed by the Mayor in
in which the City is a party or has a legal interest, and consultation with the Board of Police Commissioners
may upon request, and with City Council approval, and subject to confirmation by a majority of the members
represent any officer or employee of the City in any of the Board of Police Commissioners serving.
action or proceeding involving official duties. .3 The Mayor may suspend the Chief of Police and shall
.6 No board or officer shall employ or retain special notify the Board of Police Commissioners of the reasons
counsel in any matter relating to the affairs of the city for the suspension. The Board shall convene at the
without first securing the approval of such employment earliest opportunity after the suspension and shall
or retainer by the City Council. The City Council shall act determine, by a majority of the Board serving, whether
only after requesting the City Attorney's written opinion. the suspension shall continue. The Chief of Police may
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
.3 Persons appointed to serve as Director of Public elections.
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
Chapter 4- DEPARTMENT AND AGENCY HEADS of its proceedings. The City Clerk shall attend all
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
.5 Unless otherwise stated in this Charter, every person the City.
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
suspension or removal that the action was not in the In the absence or disability of the City Clerk, or while the
best interest of the City, the person may, in the position is vacant pending action by the City Council, the
discretion of the City Council, be reinstated to office Chief Deputy City Clerk shall exercise all powers and
without loss of compensation. perform all of the duties of the City Clerk to the full extent
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,
5-101 Citizen Involvement In Government prior to the first Council meeting in March, a list of the
.1 The people of the City of Lansing have placed the terms on City Boards which shall end on June 30.
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
.2 Review boards include those boards, which are not members to act instead of the Mayor in the making of
administrative or advisory and whose recommendations such appointments.
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
.3 Advisory boards include boards, commissions and following pattern:
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.
.4 The Board of Fire Commissioners and the Board of (c) The Third ward member shall have a term expiring in
Police Commissioners shall act as advisory boards with 1979 and every four years thereafter.
the additional responsibilities described in this Charter. (d) The Fourth ward member shall have a term expiring
.5 All other boards shall be advisory boards. in 1980 and every four years thereafter.
.6 The provisions of this Chapter shall not apply to the •9 The members from the City at-large shall be
boards established for the purpose of managing appointed to staggered terms, at least one of which shall
employee retirement systems. expire each year.
5-103 Appointment Of Board Members .10 Appointments to each board, commission and
.1 Every member of a board, commission or committee committee shall be made with regard to the diversity of
established by Charter or ordinance shall be an officer of Lansing citizens, their variety of interests and the
the City and shall possess the qualifications required by experience and expertise that each can contribute to the
this Charter for holding office. common good of the City.
.2 Except as otherwise specifically provided in this .11 An ordinance creating a board, commission or
Charter or State law, the Mayor shall appoint persons to committee may set forth a different size for the body or a
all such boards, commissions and committees with the different length of term for the members than required in
advice and consent of the Council. No such appointment this section if the Council finds that the change is
shall be effective until the Council has confirmed it. appropriate.
.3 The terms of the boards established in this Charter or 5-104 Ineligibility For Boards
by ordinance shall be four years commencing July 1, No person holding another City office or activity
unless otherwise provided. employed by the City shall be eligible to be a voting
member on any board.
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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 .4 Each advisory board shall, prior to December 1,
statute for meetings of public bodies. 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
action taken by any board at any meeting shall be valid over the operation of those City utility services assigned
or effective until a copy of the minutes at which the to it in accordance with the provisions of this Charter.
action was taken is filed with the Clerk. .2 No other board, commission or committee shall
.11 Members of advisory boards shall serve without exercise any administrative, appointive or policy making
compensation, but the City Council may authorize the authority except as permitted by this Charter or required
payment of the actual and necessary expenses of board by State law.
members. Chapter 2. BOARD OF WATER AND LIGHT
5-106 Advisory Board Functions 5-201 Board Of Water And Light
.1 Each advisory Board shall at its regular meetings The Board of Water and Light, hereinafter known as the
review the progress and planning of the head of the Board, shall have the full and exclusive management of
agency it serves to insure that all activities are in the water, heat, steam and electric services and such
accordance with City policy. Each board may propose additional utility services of the City of Lansing as may
changes in agency operations for the purpose of making be agreed upon by the Board and City Council. The
its program more effective. board shall be responsible to the Mayor and the City
.2 Proposed policies and programs or changes in Council for the provision of these services in a manner
existing policies or programs requiring Council action consistent with the best practices.
shall be submitted by an agency head to the appropriate 5-202 Director, Internal Auditor, Secretary
advisory board prior to submission to the Mayor and .1 The Board shall appoint a Director who shall be
Council for action. The advisory board's written responsible to the Board for carrying out the duties
recommendations concerning the proposals shall be assigned by the Board and shall serve at its pleasure.
submitted to the Mayor along with the agency's
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.2 The Board shall appoint an Internal Auditor who shall surviving spouse or dependent of any deceased
report directly to the Board. The Internal Auditor shall employee.
serve at the pleasure of the Board. .11 The Board, except as otherwise provided in this
.3 The Board shall appoint its own Secretary who shall Charter, shall be responsible for and have authority over
be responsible to the Board and shall serve at its the compensation, benefits, bonding, conditions of
pleasure. employment, and labor management activities for all
5-203 Powers Of The Board employees of the Board of Water and Light.
.1 The Board shall make all contracts pertaining to the 5-204 Withdrawal Of Funds
conduct of the Board of Water and Light business and .1 The funds and revenues of the Board of Water and
shall have the authority to settle litigation involving the Light shall be deposited in the City Treasury and shall be
Board of Water and Light. credited only to the funds and accounts of the Board of
.2 The Board shall have the power to acquire property, Water and Light. They shall not be withdrawn or used for
both real and personal, and interests in property in the any other purpose whatsoever. The Board shall have
name of the City for purposes of the Board of Water and and exercise full control over all of the funds of the
Light. Board of Water and Light in the City Treasury.
.3 The Board shall have the power to sell real property .2 All warrants drawn for the payment of money under
and interests in real property not needed for the the authority of the Board shall be signed by the
operation of the Board of Water and Light, subject to the Secretary of the Board and countersigned by the City
approval of six City Council Members and subject to the Controller.
limitations on the sale of real property by the City .3 Whenever warrants are issued and there is no money
contained in this Charter. for the payment of the warrant, the City Treasurer shall,
.4 The Board shall adopt policies and procedures to upon presentation of the, warrant, stamp the date of
assure fairness in procuring personal property and presentation on the face of the warrant, together with a
services and disposing of personal property. These statement that the warrant will bear interest thereafter at
policies and procedures of the Board shall parallel the the rate of 6 percent per year. The interest shall cease
policies and procedures adopted by the Council for the after notice has been given to the holder, in the manner
purchase and sale of personal property and services determined by the Board, that there is sufficient money
unless the Board makes a specific finding that a City of the Board of Water and Light on hand to pay the
policy or procedure is not consistent with the best warrant with interest. Warrants of the Board of Water
practices for public utility operation. and Light are not general obligations of the City.
.5 The Board shall prepare and adopt its annual budget .4 The Council may provide by ordinance procedures for
by June I of each year, and implement it with whatever the disbursement of monies of the Board of Water and
modifications the Board may adopt from time to time. Light by check issued by the Secretary of the Board in
The budget and any amendments shall be filed with the accordance with the ordinance.
City Clerk within 10 days after adoption. 5-205 Rates
.6 The Board shall submit to the Mayor, prior to October .1 The Board may fix just and reasonable rates and
1 of each year, its capital improvements plan for the next other charges as it may deem advisable for services
six years pursuant to Section 7-109. furnished by the Board of Water and Light.
.7 In the best interest of the City, the Board and other .2 The Board shall conduct a public hearing at least 30
agencies of the City are encouraged to cooperate on days prior to the effective date of any changes in rate
projects deemed to be beneficial and to utilize each structure. At least 45 days before the public hearing, the
other's services. Board shall file with the City Clerk a statement explaining
the new rates and charges together with a notice of the
.8 The Board of Water and Light may utilize the streets, public hearing. Notice to the public shall be given in the
alleys, bridges and other public places of the City for the same manner as is required for proposed ordinances.
furnishing of public utility services. In the exercise of this 5-206 Collection And Hearing Procedure
right, the Board of Water and Light shall furnish timely .1 Upon the request of the Board, the City Council shall
information about proposed uses to the officials of the provide by ordinance for the collection of unpaid charges
City and to the agencies which will be most directly for public utility services furnished by the Board of Water
affected by the use. and Light and for the imposition and enforcement of liens
.9 The Board may conduct whatever audits of the upon property served by the Board of Water and Light.
activities it deems appropriate and shall compensate the .2 When any person fails or refuses to pay any sums
City for the cost of that portion of the annual audit of the due on utility bills, the service upon which the
City which covers the Board of Water and Light. delinquency exists may be discontinued and suit may be
.10 The Board may provide for the pensioning of any brought for the collection of the money owed.
employee of the Board of Water and Light or the
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.3 The Board shall establish a procedure for the .7 The Board shall render an annual report to the Mayor
resolution of disputes between the Board of Water and and City Council, which shall include a description and
Light and any of its customers concerning services or evaluation of the department's activities during the
billing for services furnished in accordance with filed previous year, including the handling of crime and
rates, rules and regulations, and established Board complaints, if any, and proposals for future plans.
policies and procedures. The procedure shall 5-302 Investigatory Power
incorporate the designation of an independent hearing Whenever necessary to carry out its assigned duties, the
officer. The hearing officer shall report to the Board and Board of Police Commissioners shall have the same
the Mayor the results of each hearing conducted and power to subpoena witnesses, administer oaths and
shall make recommendations to the Board on any require the production of evidence as the City Council.
hearing, which has not been resolved. The Mayor may
make recommendations to the Board on each Chapter 4. BOARD OF FIRE COMMISSIONERS
unresolved hearing. The Board shall report its final 5-401 Duties
action on any unresolved dispute, together with the .1 The Board of Fire Commissioners, hereinafter known
hearing officer's report and recommendations to the as the Board, is established pursuant to Article 5,
Mayor and the City Council. Chapter 1, of this Charter and shall have all the powers
5-207 Sale Or Exchange Of Facilities duties and responsibilities of advisory boards in addition
The Board shall not, unless approved by the affirmative to the following duties.
vote of three - fifths of the electors voting thereon at a .2 The board shall establish administrative rules for the
regular or special City election, sell, exchange, lease, or
in any way dispose of any property, easement, organization and overall administration of the
equipment, privilege, or asset needed to continue the Department, in consultation with the Chief of the Fire
Department and the Mayor. These administrative rules
operation of the Board of Water and Light. The
restrictions of this section shall not apply to the sale or shall not be effectuated in accordance with Section
exchange of articles of machinery or equipment of the 5 of this Charter but shall become effective upon
Board of Water and Light, which are no longer useful or thee filing with the City Clerk.
which are replaced by new machinery for the operation .3 The Board shall approve rules and regulations for the
of the Board of Water and Light, or to the exchange of conduct of the members of the Department, in
property or easements for other needed property or consultation with the Chief of the Fire Department and
easements. the Mayor.
Chapter 3. BOARD OF POLICE COMMISSIONERS .4 The Board, in their rules, shall establish a procedure
5-301 Duties for receiving and resolving any complaint concerning the
.1 The Board of Police Commissioners, hereinafter operation of the department.
known as the Board, is established pursuant to Article 5, .5 The Board shall review and approve the departmental
Chapter I of this Charter and shall have all the powers, budget before its submission to the Mayor.
duties and responsibilities of advisory boards in addition
to the following duties: .6 The Board shall act as final authority of the City in
imposing or reviewing discipline of the department
.2 The Board shall establish administrative rules for the employees consistent with the terms of the State law
organization and overall administration of the and applicable collective bargaining contracts.
department including promotional and training
procedures in consultation with the Chief of Police and .7 The Board shall render an annual report to the Mayor
Mayor. These administrative rules shall not be and City Council, which shall include a description and
effectuated in accordance with Section 5-105. 8 of this evaluation of the department's activities during the
Charter but shall become effective upon filing with the previous year, including the handling of complaints, if
City Clerk. any, and proposals for future plans.
.3 The Board shall approve rules and regulations for the CHAPTER 5. BOARD OF ETHICS
conduct of the members of the Department, in 5-501 Standards Of Conduct
consultation with the Chief of Police and the Mayor. .1 The people of this City recognize that the continuation
.4 The Board in their rules shall establish a procedure for of the proper operation of the City requires that public
receiving and resolving any complaint concerning the officers and employees be independent, impartial and
operation of the department. responsible to the people; that decisions and policy be
made in the proper channels of governmental structure;
.5 The Board shall review and approve the departmental that members of the public have access to information
budget before its submission to the Mayor. upon which decisions affecting their City are made; that
.6 The Board shall act as the final authority of the City in public office and employment not be used for personal
imposing or reviewing discipline of the department gain; that the integrity and operation of City government
employees consistent with the terms of State law and to be subject to scrutiny of the public; and that acts or
applicable collective bargaining contracts.
16
actions not compatible with the best interests of the City 5-503 Duties
be defined and prohibited. .1 At the request of a person, the Board of Ethics may
.2 In order to provide an orderly procedure for render an informal opinion with respect to the
consideration and review of the issues, which may arise prospective conduct of such person. An informal opinion
concerning questions of standards of conduct for public need not be written and may be provided directly to the
officers and employees, a Board of Ethics is created. requestor of such opinion. All written opinions of the
Board of Ethics shall be filed with the City Clerk and are
5-502 Membership open to public inspection. Written informal opinions shall
.1 The Board of Ethics shall be a review board and shall be drafted in such a way as not to reveal information
consist of eight members; four members shall be exempt from public disclosure under the applicable state
appointed by the City Council, one from each city ward, law.
and four shall be appointed by the Mayor. The City .2 The Board of Ethics on its own initiative or upon
Attorney shall assist and advise the Board and the City request may render and publish a formal opinion on any
Clerk shall serve as Recording Secretary to the Board matter within the scope of the Board's authority which it
and provide such administrative services to the Board as may deem appropriate.
may be necessary; however, neither shall be eligible for
appointment as board members. .3 The Board of Ethics does not have the authority to
.2 Of the members appointed to the initial Board, the reverse or modify a prior action of the Mayor, City
Mayor and the City Council shall each appoint members Council, or an officer or employee of the City. If the
for a one-year, a two-year, a three year, and a four-year Board finds a prior action of the Mayor, Council, officer,
term. A member shall hold office until a member's or employee to have been ethically improper, the Board
successor is appointed. Thereafter each Mayoral- may advise the appropriate party or parties that the
appointed member and each Council-appointed member action should be reconsidered. Upon such advice by the
shall serve for a term of four years. An appointment to fill Board, the action shall be reconsidered by the
a vacancy shall be made by the Mayor to fill a vacant appropriate person or public body. If the Board
Mayoral appointed member position and by the City determines an existing City contract to be ethically
Council to fill a vacant Council-appointed member improper, after such determination and advice from the
position. Persons serving as members of the Board of Board the City may void or seek termination of the
Ethics on the effective date of this section shall continue contract if legally permissible. The Board may refer a
as members until the expiration of their original terms. matter to the City Attorney for review and consideration
for appropriate action. Upon completion of review and
.3 Members of the Board of Ethics shall be residents of consideration, the City Attorney shall report its findings
the City and shall hold no elected public office and no to the Board.
other City office or employment. .4 The Board of Ethics may recommend to the Council
.4 The Board shall adopt rules governing its procedure standards of conduct for officers and employees of the
and the holding of regular meetings, subject to the City and changes in the procedures related to the
approval of City Council. Special meetings may be held administration and enforcement of those standards.
when called in the manner provided in the rules of the .5 The Board of Ethics shall review, at least annually,
Board. The Board shall select its own presiding officer any documents required to be filed under ordinances
from among its members. adopted by the City for the purpose of establishing
.5 If any issue before the Board involves any member of standards of conduct for officers and employees.
the Board, such member may not participate in Board .6 The Board, when it deems it appropriate, may request
deliberations pertaining to the member's issue nor shall the City Attorney's Office for assistance in compelling
such involved member be eligible to vote on any actions the production of documents and witnesses to assist the
concerning the issue. Board in the conduct of any investigation.
.6 All City employees and elected or appointed officials .7 Within one year from the effective date of this section
of the City shall cooperate with any investigations by the the City shall provide an ethics manual for the use of all
Board; such cooperation shall include the compilation City officers and employees. Such manual shall first be
and production of any information requested by the approved by the Board of Ethics before distribution.
Board during an investigation unless the information Each City officer and employee shall acknowledge
requested is exempt from disclosure under the
receipt of said manual.
applicable state law.
.7 If any issue before the Board involves the office of the •8 Proceedings before the Board are subject to the
City Attorney, the Board may engage the services of applicable state law regarding the conduct of public
outside counsel upon terms and arrangements approved meetings. Records of the Board shall be filed with the
by City Council. City Clerk and are available for public review as required
by state law.
17
5-504 Protection Of Public Interest scheduled City Council meeting following the filing of an
.1 The City shall adopt, by ordinance, such standards for affidavit pursuant to this section, the City Clerk shall
the conduct of public affairs as may be deemed notify the City Council of such filing. In particular cases
necessary to protect the public, including the ordinances and for good cause shown, the Board may waive the ten
referred to in this section. (10) day prior notice requirement contained herein.
.2 The City shall adopt, by ordinance, no later than one .2 An officer or employee who has any other conflict
year after the effective date of this section, restrictions between a personal interest and the public interest as
similar to those enacted by the State of Michigan by defined by State law, this Charter, or ordinance shall
statute, prescribing standards of conduct for City officers fully disclose to the City Attorney the nature of the
and employees. To the extent permitted by law, the conflict.
ordinance shall generally include, but not be limited to, .3 Except as provided by law, no elective officer,
prohibiting the use of City office or employment for the appointee or employee of the City may participate in,
private benefit of any person; prohibiting the divulging of vote upon or act upon any matter if a conflict exists.
confidential information in advance of the time
prescribed for its authorized release to the public; Chapter 6. PLANNING BOARD
prohibiting the use of City personnel resources for 5-601 Planning Board
private gain; prohibiting the profit from an official position .1 There shall be a Planning Board.
and acceptance of things of value by City officers or
employees; requiring the financial disclosure by City .2 The members of the Planning Board shall be
officers and employees; and requiring lobbyist disclosure appointed and confirmed in the manner set forth in
for all City officers and employees. Section 5-103 of this Charter.
.3 Any violations of ordinances dealing with matters in .3 In addition to the regular members of the Planning
this section shall be punishable to the maximum extent Board, the City Council shall nominate and appoint two
permitted by law and may be made punishable by Council members who shall serve as ex-officio members
forfeiture of office or position. of the Board, without a vote, for a one-year term
5-505 Conflict Of Interest commencing on July 1 of each year.
.1 At least ten (10) days prior to the first of any of the 5-602 Powers And Duties
events set forth in (A), (B), (C), (D), and (E) below, a City .1 The Planning Board shall have all of the powers and
officer or employee who may derive any income or duties granted to municipal planning commissions by
benefit, directly or indirectly, from a contract with the City statute and all the powers and duties of advisory boards
or from any City action, shall file an affidavit with the City provided by this Charter, together with such additional
Clerk detailing such income and benefit to be derived: powers and duties as may be provided by this Charter or
(A)The bidding of the contract; ordinance.
(B)The negotiation of the contract; .2 The Planning Board is entitled to assistance from the
staff of the Planning Department in evaluating or
(C)The solicitation of the contract; preparing any proposal relating to planning or
(D)The entry into the contract; development. All elective and appointive officers shall
furnish to the Planning Board, within a reasonable time,
(E)Any City action by which the City officer or employee available information required by the Planning Board.
may derive any income or benefit, directly or indirectly. .3 The Planning Board shall review and make
The above provisions shall not apply to individual or recommendations on the Planning Department draft of
collective bargaining agreements pursuant to which a the Capitol Improvement Plan prior to its submission to
City officer or employee directly or indirectly receives the Mayor and Council.
income or benefits in the form of official remuneration as .4 The Board shall develop and maintain a master plan
an officer or employee, or any City action pursuant to for the orderly development of the City. The plan shall
which a City officer or employee directly or indirectly include the consideration of the impact of social,
receives income or benefit as a member of the public at physical, and economic factors.
large or any class thereof. At the first regularly
ARTICLE 6—CITY EMPLOYEES
Chapter 1. MERIT SYSTEM .2 The personnel merit system ordinance shall provide
6-101 Personnel Merit System procedures to recruit, select, develop and maintain an
.1 The City shall, by ordinance, establish a personnel effective work force.
merit system that meets the social, economic and 6-102 Administration Of Personnel Merit System
program needs of the City of Lansing. .1 The Personnel Merit System shall not cover any
employees of the Board of Water and Light, or
18
appointees of the Mayor, the City Council and the Council. The chief labor negotiator shall serve at the
Internal Auditor. pleasure of the Mayor and shall have charge of the role
.2 The chief personnel officer shall determine by of the City in collective bargaining contract negotiations.
competitive examination, exclusively on the basis of .3 Collective bargaining contracts shall become effective
merit, efficiency and ability, the qualifications of all when ratified by the City Council in accord with State
candidates for positions within the Personnel Merit law.
System; make, promulgate and distribute rules and .4 The chief personnel officer shall be responsible for the
regulations covering all personnel transactions; and implementation of collective bargaining contracts.
administer all conditions of employment within the
Personnel Merit System. Chapter 3. PROHIBITION AGAINST DISCRIMINATION
.3 All persons hired by the City. other than those stated 6-301 Non-Discrimination
in .1 of the section shall be processed through the office No City employee or applicant for employment shall be
of personnel and the chief personnel officer shall discriminated against because of race, religion, national
evaluate the level of competency of each candidate origin, age, political orientation, marital status, sex,
against standards established prior to the evaluation. handicap, or for any cause not reasonably related to the
Chapter 2. LABOR RELATIONS accomplishment of a legitimate governmental purpose.
The City shall take affirmative action for the recruitment
6-201 Labor Management Activities and advancement of members of groups under
.1 The Mayor shall have the overall responsibility for all represented on any level of City employment as
of the labor relations of the City. compared to the minority and sex composition of the
.2 The Mayor shall designate the chief labor negotiator City.
for the City with the advice and consent of the City
ARTICLE 7—TAXATION AND FINANCE
Chapter 1. BUDGET and interest requirements of the debt authorized and
7-101 Submission Of Budget unissued, and the condition of the sinking funds if any.
On or before the fourth Monday in March of each year, .5 The budget message shall contain detailed estimates
the Mayor shall submit to the City Council a proposal for of all anticipated revenues of the City from sources other
the annual estimate of all City revenues and annual than taxes with a comparative statement of the amounts
appropriation of expenditures for all City agencies except estimated for and actually received from each of the
the Board of Water and Light, for the next fiscal year same or similar sources for the last preceding fiscal
beginning on July first. year, in full, for the current fiscal year to January 1, and
7-102 Council Budget Priorities estimated revenues for the balance of the current fiscal
The City Council shall adopt a statement of City-wide year.
budget Policies and priorities each year and shall .6 The budget message shall state the estimated
transmit it to the Mayor no later thin October 1. accumulated cash and unencumbered balance, or
7-103 Budget Message deficits, at the end of the current fiscal year.
.1 The Mayor shall submit with the Budget a message .7 The budget message shall contain an estimate of the
containing the necessary information for understanding amount of money to be raised from current and
the budget. delinquent taxes and the amount to be raised from bond
.2 The message shall explain how the proposal issues, which together with available unappropriated
addresses the priorities proposed by the City Council surplus and revenues, from other sources, will be
necessary to meet the proposed expenditures.
.3 The budget message shall contain detailed estimates 7-104 Budget Hearing
with supporting explanations of proposed expenditures .1 The budget of the Mayor, together with all supporting
of each agency of the City except the Board of Water schedules, information and messages, shall be a public
and Light. All such estimates ,shall show the actual record and shall be reviewed by the Council as a
appropriations and expenditures for corresponding items committee of the whole.
for the last preceding fiscal year, in full, and
appropriations for the current fiscal year together with .2 A public hearing on the annual appropriations shall be
the expenditures for the current fiscal year to January 1 held in the manner provided by law and at such
and estimated expenditures for the balance of the additional times as the Council shall direct.
current fiscal year. 7-105 Adoption Of Budget Resolution
.4 The budget message shall state the bonded and other .1 Not later than the third Monday in May of each year,
indebtedness of the City, showing the bond redemption the Council shall, by resolution, adopt a budget for the
19
ensuing fiscal year and make an appropriation of the 7-109 Capital Improvements Plan
money needed therefore. .1 The Capital Improvements Plan shall be prepared by
.2 The resolution shall designate the sum to be raised by the Planning Department in accordance with applicable
taxation for the general purpose of the City and for the State law.
payments of principal and interest on its indebtedness. .2 The Mayor shall prepare within four months and the
The adoption of the budget resolution shall constitute City Council shall adopt within six months of the effective
appropriations of the amounts specified from the funds date of this Charter, an ordinance that specifies a
indicated and a levy for the property tax specified. detailed planning and budgeting process for the Capital
7-106 Item Veto Improvements Plan.
.1 The Mayor may veto any item which has the effect of .3 The Planning Board through the Planning Department
appropriating money contained in any action of the City and other City departments, agencies and boards shall
Council. annually review and submit to the Mayor and City
.2 The veto procedure in Section 3-305 of this Charter Council a Capital Improvements Plan for the ensuing six
shall control when an item veto has been exercised. years.
7-107 Effect Of Appropriation .4 The City Council shall conduct a Public Hearing on
.1 No money shall be drawn from the Treasury of the the Capital Improvements Plan concurrent with the
City except in accordance with an appropriation for that Public Hearing on the Annual City Budget.
purpose or except as provided in this section. 7-110 Control Of Expenditures
.2 This section does not apply to funds in the account of During the months of October, January and April in each
the Board of Water and Light. fiscal year, the Director of Finance shall submit to the
Mayor and City Council data showing the relationship
.3 Whenever an agency of the City reports to the between the estimated and actual revenues and
Finance Director that the funds appropriated for a expenditures to date. If it shall appear that the revenues
particular purpose will be exhausted before the close of are less than anticipated, the City Council may, by
the fiscal year, and the agency has an unencumbered resolution, reduce appropriations, except amounts
appropriation balance, the Mayor may authorize required for debts and interest charges, to such a degree
additional spending for that purpose within the total as may be necessary to keep expenditures within the
appropriation for the agency, but the additional revenues.
expenditure may not exceed 15 percent of the Council's 7-111 Uniform System Of Accounts
appropriation being added to or $5,000.00, whichever is The system of accounts of the City shall conform to such
less. The Finance Director shall report the transfer to the uniform system as may be required by law.
City Clerk for transmission to the City Council at the next
regular meeting of the City Council. Chapter 2. TAXATION
.4 The appropriation of money for any purpose does not 7-201 Power To Tax; Tax Limit
constitute a mandate to spend the money. Each .1 The City shall have the power to assess taxes and to
remaining unencumbered appropriation balance at the levy and collect rents, tolls and excises. The annual
end of each fiscal year shall revert to the general fund. general ad valorem tax levy for municipal purposes shall
7-108 Supplemental Appropriations not exceed 2 percent of the assessed value of all real
.1 At any time during the fiscal year, the City Council and personal property in the City.
may consider appropriations which modify the previously .2 Within three days after the Council has made the
adopted annual appropriation to: appropriations for the ensuing year, the Clerk shall
(a)transfer an unencumbered balance in whole or in part certify to the Assessor the total amount which the
from any account or; Council determines shall be raised by general ad
valorem tax.
(b) provide for the expenditures of revenues in excess of 7-202 Subjects Of Taxation
those in the budget or; .1 The subjects of ad valorem taxation for municipal
(c) meet a public emergency affecting life, health, purposes shall be the same as for the state, county, and
property or the public peace, which may require school purposes under the general law.
emergency appropriations as provided by law. 7-203 Exemptions
.2 Supplemental appropriations shall be adopted by the The power of taxation shall never be surrendered or
affirmative vote of two-thirds of the Council members suspended by any grant or contract to which the City
serving and the Finance Director shall give notice of shall be a party. No exemptions from taxation shall be
such appropriations to all affected agencies within one allowed, except such as are expressly required or
week after Council action. permitted by State Law.
20
7-204 Duties Of The City Assessor .6 The Board of Review shall have such powers and
.1 The City Assessor shall assess all real and personal duties as may be provided by law. The Board of Review
property in the City of Lansing in the manner provided by shall adopt rules for its Conduct of business.
State law. .7 The Board of Review shall adopt rules for its conduct
.2 The Assessor shall prepare and certify the current of business.
assessment roll to the Board of Review on or before the 7-206 Taxes Become Lien
date provided by ordinance. .1 City property taxes shall become a debt due by the
.3 The Assessor shall prepare and extend all tax rolls persons liable for them on the tax day as provided by
and deliver them to the Treasurer on or before the date State law. The debt shall become payable and a lien
provided by ordinance and in the manner provided by upon the property on July 1 next following, or as
State law. provided by State law.
.4 At least one week prior to the Assessor's certification .2 All personal taxes shall be a first lien, prior, superior,
of the assessment roll, the Assessor shall complete a and paramount on all personal property of such persons
tentative assessment roll for public inspection and give as assessed. Such lien shall take precedence over all
notice to the owner as shown on the assessment roll, by other claims, encumbrances, and liens, to the extent
first class mail, of any changes in the assessed value of provided by statute, and shall continue until such taxes,
any property as compared with the previous year or the interest, and charges are paid.
addition of any property to the roll. The notice shall .3 Personal Tax Lien and due dates may be accelerated
advise the property owner that the change in valuation or by Jeopardy Assessment, as provided by State law.
addition of property may be discussed at the office of the
Assessor prior to the meeting of the Board of Review. 7-207 State, City, County, School And Community
The failure to give notice shall not invalidate any College Taxes
assessment roll or assessment thereon. State, city, county, school and community college taxes
.5 The Assessor may change the assessment roll during shall be levied, collected and returned, as provided by
the period of public inspection before certification but ordinance, in conformity with State law.
only as a result of information obtained after completion 7-208 Collection Of Taxes
of the tentative roll as a result of an inquiry or otherwise. .1 The Council shall provide, by ordinance, for the
.6 Notice of the time and place of the meetings of the method of payment of taxes and charges and for fees,
Board of Review shall be published by the Assessor not penalties, and interest, or any of them, for the late
less than one week prior to the first meeting thereof. payment or non-payment of same.
7-205 Board Of Review .2 The ordinance herein required shall not be amended
.1 A Board of Review for property tax assessment is in such manner or at such time as to change the
created. provisions thereof relative to any city tax collection
commencing on the first day of July in the calendar year
.2 The Mayor shall appoint, subject to Council in which such ordinance is amended.
confirmation, five members serving staggered terms of .3 There shall be no fee, penalty, or interest charged
three years each. In order to increase the membership of during the first thirty-one days of the collection period,
the Board of Review created under the previous Charter and the total fees, penalties, and interest charged before
to five public members, one member shall I be appointed March 1 of the following year shall not exceed eight
to a term of at least two years expiring July 1, 1981, and percent of such taxes and penalties. Such fees,
one member shall be appointed to a term of at least one penalties, and interest shall constitute a charge and shall
year expiring on July 1, 1980. Public members serving be a lien against the property to which the taxes
terms of three years at the time of the adoption of this themselves apply collectable in the same manner as the
Charter shall continue until the expiration of their term. pp y'
taxes to which they are added.
.3 The members of the Board of Review shall be .4 If any person shall neglect or refuse to pay any tax on
appointed on the basis of their knowledge and personal property assessed, the Treasurer shall collect
experience in property valuation. the same as provided and required by State statute.
.4 No member of the Board of Review shall hold any 7-209 Delinquent Tax Collection Procedure
other public office or public employment in any local unit .1 The City may provide by ordinance for the
of government supported by Lansing property taxes in enforcement and collection of delinquent taxes.
whole or in part. All members of the Board of Review
shall be residents of the City. .2 The ordinance shall make provision for notice,
.5 Unless otherwise provided by ordinance, the Board of disposition, judgment, a period of redemption and the
Review shall convene on the second Monday in March purchase of the City's interest by the owner of an
and sit for at least five calendar days. interest in the property.
.3 If no ordinance is in effect regulating the enforcement
and collection of delinquent taxes, such taxes shall be
21
returned to the County Treasurer pursuant to the general .3 All collections on each special assessment roll or
tax laws. 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
improvement shall be defrayed by special assessment
.2 The enumeration of specific kinds of bonds or other upon the property in districts especially benefited, in
borrowing in this Charter shall not be deemed to exclude proportion to the benefits derived or to be derived.
other kinds of bonds or other borrowing permitted by .2 If, prior to the adoption of a resolution finally
State law. authorizing the making of a public improvement to be
7-302 Limitations On Borrowing financed by special assessment, written objections to the
.1 The net bonded indebtedness for general obligations proposed improvement have been filed by the owners of
of the City shall not exceed 10 percent of the assessed property in the district, which according to estimates will
value of all the real and personal property in the City. be required to bear more than 50 percent of the amount
.2 No obligation shall be sold to obtain funds for any of such special assessments, no resolution finally
purpose or purposes other than that for which those determining to proceed with such improvement shall be
obligations were specifically authorized. adopted, except by the affirmative vote of two-thirds of
the Council Members serving.
.3 If any bonds are not sold within three years after 7-402 Procedure Ordinance
authorization, the authorization shall be null and void. The Council shall prescribe, by ordinance, the complete
7-303 Use Of Borrowed Funds special assessment procedure governing the initiation of
.1 Each obligation shall contain on its face a statement projects, preparation of plans and cost estimates,
of the purpose for which it is issued. creation of special assessment districts, notices and
hearings, making and confirming of special assessment
.2 All proceeds from the issue of an obligation shall be rolls, correction of errors in such rolls, the number of
expended for the purpose for which the obligation was installments in which special assessments may be paid,
issued until the purpose has been accomplished, and collection of special assessments, refunds, and any
then for the retirement of other obligations of the City. other matters concerning the making and financing of
.3 The Council may authorize the remaining unexpended improvements by the special assessment method.
and unencumbered proceeds for use in any manner
permitted by State law. 7-403 Additional Assessments
1 Additional pro rata assessments may be made when
7-304 Execution Of Obligations any special assessment roll proves insufficient to pay for
All obligations issued by the City shall be executed with the improvement for which it was levied and the
the signature of the Mayor and the City Clerk, unless incidental expenses thereof or to pay the principal and
otherwise provided by ordinance, and shall bear the Seal interest on bonds issued in anticipation of such
of the City. Interest coupons may be executed with the assessment rolls.
facsimile signatures of the Mayor and the City Clerk. .2 Additional pro rata assessment shall not exceed 25
7-305 Special Assessment Bonds percent of the assessment as originally confirmed unless
.1 The Council shall, subject to the general laws of the confirmed by vote of the City Council at a meeting for
State, have authority to borrow money in anticipation of which notice has been given in the same manner as the
the payment of special assessments made for the original special assessment.
purpose of defraying the cost of any public improvement, 7-404 Contest Of Assessments
or in anticipation of the payment of any combination of .1 Any person owning property specially assessed shall
such special assessments, and to issue bonds therefore. have 60 days from the mailing of a notice of confirmation
.2 Such special assessment bonds may be an obligation of the special assessment roll to notify the City Clerk in
of the special assessment district or districts or may be writing of any claimed illegality in the special assessment
both an obligation of the special assessment district or process. The City shall presume that any person who
districts and a general obligation of the City. neglects or refuses to assert a claim within the 60 day
period has withheld his or her claim for the purpose of
22
unjustly obtaining a special benefit to the property to the 7-406 Postponement Of Payments
detriment of the general taxpayers of the City. The Council may provide that persons who, in the
.2 If the City Attorney submits a written opinion finding opinion of the Assessor and Council, by reason of-
the special assessment roll illegal, in whole or in part, poverty, are unable to contribute toward the cost of the
the City Council may revoke its confirmation, correct the making of a public improvement may execute to the City
illegality, if possible, and reconfirm it. No property shall an instrument creating a lien for the benefit of the City on
be assessed more than was imposed upon the original all or any part of the real property owned by them and
confirmation without further notice and hearing. benefitted by any public improvement, which lien will
mature and be effective from and after the execution of
7-405 Lien And Collection Of Special Assessments such instrument and shall be enforceable in the event
.1 Upon the confirmation of each special assessment that title to such property is thereafter transferred in any
roll, the special assessments thereon shall become a manner whatsoever. The Council shall establish the
debt to the City from the persons to whom they are procedure for making this section effective by ordinance.
assessed and" until paid shall be a lien upon the 7-407 Special Assessment Accounts
property assessed, for the amount of such assessments Monies raised by special assessment for any public
and all interest and charges thereon. Such lien shall be improvement shall be credited to a special assessment
of the same character and effect as created by this account and shall be used to pay for the costs of the
Charter for City taxes. improvement for which the assessment was levied and
.2 The Council may provide by ordinance for fees, of expenses incidental thereto, to repay any principal or
penalties, and interest for the late payment or non interest on money borrowed therefore, and to refund
payment of special assessments, which fees, penalties, excessive assessments.
and interest shall be a lien and shall be collectable as 7-408 All Property Liable For Special Assessment
are similar charges upon City taxes. The Council may All real property, including such as is exempt from
provide that delinquent special assessments be placed taxation by law or exempted by the Board of Review,
upon the tax roll, together with any accrued fees, and with or without valuation placed thereon, shall be
penalties, and interest thereon, to be collected in all liable for the cost of public improvements benefiting such
respects as are City taxes on such roll, or may make property, unless exempted there from by law, the same
other provisions for the lien created by such special as other property, as provided in Section 7-402, and
assessments. such special assessments shall be levied, collected, and
returned, and the said premises may be sold or forfeited
in the same manner as for nonpayment of City taxes.
ARTICLE 8—REGULATORY POWERS AND CONTRACTS
Chapter 1. LICENSING Chapter 2. FRANCHISES
8-101 Regulatory Power 8-201 Limitations On Franchise
.1 The City may, as provided by law, exercise its police .1 A franchise, and all renewals, amendments and
powers to regulate, prohibit, or prohibit except as extensions of it, may be granted only by ordinance.
authorized by permit, license or franchise, any trade, .2 The City may approve such ordinance only after a
occupation, amusement, business or other activity within public hearing has been held on it and after the grantee
the City. named in it ties filed with the City Clerk its unconditional
.2 The City shall provide by ordinance, for the review of acceptance of all the terms of the franchise.
decisions of City agencies under this section in any case .3 The ordinance may not take effect unless it has been
where such review is not provided for by this Charter or approved by the voters of the City, where State law so
by law. requires, or, unless it has been approved by the
8-102 Issuance Of Licenses affirmative vote of two-thirds of the Council Members
The City Council shall provide, by ordinance, a serving where approval of the voters is not required by
procedure for the issuance of licenses and permits. The State law.
ordinance shall, to the greatest extent possible, place .4 When approval of the voters of the City is required,
the responsibility for the issuance of licenses and the ordinance as approved by the City shall be published
permits under one official in order that persons in a daily newspaper of general circulation in the City not
requesting specific licenses and permits will not have to less than 30 days before the election at which it is
contact more than one City office. submitted to the voters. The City may not call a special
election unless the expense of holding the election has
first been paid to the City Treasurer by the grantee.
23
.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.
failure to comply with any regulation imposed under 8-303 Rates
authority of Federal law, State law or this Charter; .1 The provisions for setting rates and charges for
(b) Require proper and adequate extension and electric, water, and steam services shall be in conformity
maintenance of plant facilities at the highest practicable with the Revenue Bond Act (P.A. 94, of 1933, and
standard of efficiency; Section 5-205.1 of this Charter.
(c) Establish reasonable standards of service and quality .2 The Council may set just and reasonable rates and
of products, and prevent unjust discrimination in service such other charges as may be deemed advisable for
or rates; supplying all other municipal services to the inhabitants
(d) Require continuous and uninterrupted service to the of the City and others.
public in accordance with the terms of the franchise 8-304 Collection Of Municipal Utility Charges
throughout the entire period of the franchise, .1 The City Council may provide by ordinance for the
(e) Impose other regulations determined by the City to collection of unpaid charges for public utility services
be conducive to the health, safety, welfare and furnished by the City and for the imposition and
convenience of the public, enforcement of liens upon property served by the City.
(f) Require the public utility to pay any part of the cost of .2 When any person fails or refuses to pay any sums
improvement or maintenance of the streets, alleys, due on utility bills, the service upon which the
bridges and public places of the City that arises from its delinquency exists may be discontinued and suit may be
use thereof and to protect and save the City harmless brought for the collection of the money owed. When any
from all damages arising from such use; person fails or refuses to pay any sums due for sewage
disposal services furnished by the City, the payment for
(g) Require the public utility to permit joint use its such sewage disposal services may be enforced by the
property and equipment, located in the streets and public termination of the sewage disposal services by
places of the City, by the City and other utilities, insofar discontinuing the water service to the affected premises,
as joint use may be reasonably practicable. In the notwithstanding that the water service for the collection
absence of agreement and upon application by the of sewage charges shall be in addition to any other
public utility, the City may provide for arbitration of the lawful enforcement remedy.
terms and conditions for joint use. .3 The City shall establish a procedure for the resolution
Chapter 3. PUBLIC UTILITIES of disputes between the City and any of its customers
8-301 Public Utility Services Of City concerning public utility services other than electric,
The City shall have all the powers granted by law to water, and steam services.
own, operate, improve, enlarge, extend, repair, and Chapter 4. PROPERTY
maintain public utilities, either within or without its 8-401 Purchases Of Personal Property And Services
corporate limits and either within or without the corporate .1 The City shall establish procedures, by ordinance, to
limits of counties in which the City may lie, including, but protect the interests of the City and to assure fairness in
24
procuring personal property and services. The ordinance (c) the establishment of a just amount for compensation
shall require competitive bidding for purchases but there not less than the fair market value stated in the
may be exceptional cases, clearly defined in the appraisal;
ordinance in which competitive bidding is not required. (d) a prohibition against the sale of the property for less
The ordinance shall define "lowest responsible bidder" in than the established price except for reasons spelled out
a manner that will result in the lowest overall cost to the in the ordinance;
City.
.2 No purchase may be made by the City unless the (e) adequate notice to quit the premises after receipt of
office of the controller advises that there is an compensation;
unencumbered balance in the appropriation against (f) permission for the occupant to remain in possession
which the appropriation is to be charged to pay for the in certain instances by payment of the fair market rental;
purchase.
(g) a prohibition on coercive actions to compel
8-402 Sales Of Personal Property agreement on the price;
.1 The City shall establish procedures by ordinance to (h) a provision concerning the institution of
protect the interests of the City and to assure fairness in
disposing of personal property which has become condemnation proceedings;
unsuitable for public use. The ordinance shall require (i) a provision for the acquisition of uneconomic
competitive bidding for all sales, leases and transfers but remnants, which might remain after the acquisition of the
may provide for exceptional cases, clearly defined in the property;
ordinance in which competitive bidding is not required.
Q) provisions for the payment of the expenses of the
.2 The ordinance shall define those dispositions of public proceedings in appropriate cases.
property which are not in the ordinary course of City
operations and shall set forth the procedure for such •3 The ordinance on disposition of real property shall
disposition. require a public hearing at least one week prior to
Council action on the issue of sale. Complete
8-403 Purchase And Sale Of Real Property documentation on the details of the sale shall be on file
.1 The City shall establish procedures by ordinance to in the office of the City Clerk at least 30 days prior to the
protect the interest of the City and to assure fairness and public hearing. The document shall include a statement
consistency in the acquisition and disposition of interests of necessity of the property for public purposes. This
in real property acquired by purchase, gift, subsection shall not apply to real property to be sold for
condemnation, lease or otherwise either within or without less than $50,000.
the corporate limits of any county in which the City is
located for any public use or purpose within the powers •4 No interest in real property may be sold by the City
l
to the City. without either the affirmative vote of the people or the
of affirmative vote of two-thirds of the Council members
.2 The ordinance on acquisition shall provide the serving.
following procedures, which are similar in intent and
purpose to the acquisition provisions of Title III of Public .5 Any interest in real property which is being used or
Law 91-646, known as the Uniform Relocation occupied by the Board of Water and Light, or which
indicates in the deed that the property was acquired for
Assistance and Real Property Acquisition Policies Act of Assistance
the purposes of the Board of Water and Light, shall not
be sold without the approval of the Board of Water and
(a) an appraisal before negotiation; Light.
(b) every reasonable effort made to acquire property .6 No park, recreation, cemetery, or waterfront land may
expeditiously by negotiation; be sold without the approval, by a majority vote, of the
elector of the City voting on the question at a regular or
special election.
ARTICLE 9—TRANSITION
Chapter 1. CONTINUITY OF OFFICERS 9-102 Compensation Of Officers
9-101 Status Of Officers The compensation of all persons holding office under
Every person holding elective or appointive office on the this Charter shall continue according to the schedule of
effective date of this Charter shall continue in office, or compensation in existence prior to the effective date of
equivalent office, until the election and qualification of a this Charter. Any change in compensation shall be made
successor or unless removed in accordance with law or in the manner determined by law.
the provisions of this Charter. 9-103 First Ordinances On Qualifications
The City Council shall, no later than six months after the
effective date of this Charter, adopt ordinances on
25
qualifications for each officer or department head 9-205 Council Action On Transition
pursuant to Section 4-401 of this Charter. In all cases not covered by this Charter, the Council shall
Chapter 2. CONTINUITY OF RIGHTS AND by rule, resolution or ordinance prescribed procedures
LEGISLATION for transition from the government of the City under the
previous Charter to that required under this Charter.
9-201 Existing City Legislation And Rules Chapter 3 COMMENCEMENT OF NEW CHARTER
All ordinances and resolutions of the City and all rules
and regulations made by any officer or agency of the 9-301 Effective Date Of This Charter
City which are not inconsistent in their content with this Except as otherwise specifically provided herein, this
Charter shall remain in effect until changed by action Charter shall become effective for all purposes when
taken under this Charter. filed after adoption with the Secretary of State and the
9-202 Vested Rights And Liabilities County Clerk pursuant to statute.
.1 After the effective date of this Charter, the City shall 9-302 First Election Under This Charter
be vested with all property, monies, contracts, rights, The first regular election under this Charter shall be held
credits, effects, and the records, files, books, and papers at the same time as the election would have been held if
belonging to it under and by virtue of its previous this Charter had not been adopted. City officers to be
Charter. elected at the next election in November, 1979, will be
.2 No right or liability, contract, lease, or franchise either two Council Members from wards, one each from Ward
in favor of or against the City, and no existing suit or One and Ward Three and two Council Members elected
prosecution of any character, shall be affected in any at large. At an election to be held in November, 1981,
manner by any change resulting from the adoption of officers to be elected will be the Mayor, City Clerk, two
this Charter, but the same shall stand or proceed, as if Council Members from wards, one each from Ward Two
no change had been made. and Ward Four, and two Council Members elected at
large.
.3 All debts and liabilities of the City shall continue to be Chapter 4. ADOPTION OF CHARTER
its debts and liabilities, and all debts to it and fines and
penalties, imposed and existing at the time of such 9-401 Submission Of Charter To Electorate
change, shall be collected by the City. All trusts, This Charter shall be submitted to a vote of the qualified
established for any municipal purpose, shall be electors of the City of Lansing at the election on
continued in accordance with the terms thereof, subject Tuesday, August 8, 1978. All provisions for submission
to the cy pres doctrine. of the question of adopting this Charter at the election
9-203 Pensions shall be made in the manner provided by law.
All pensions referred to in the previous Charter shall 9-402 Form Of Question
remain in effect with the same status established in the The voters of the City of Lansing shall vote on the
previous Charter, unless changed in the manner following proposition:
determined by law.
Shall the Charter proposed by the Lansing Charter
9-204 Changes Of Time Schedules Commission be adopted?
If the provisions in effect on the date of adoption of this YES ( )
Charter regarding the time of the City elections or the
time of the start of the fiscal year are superseded by NO ( )
subsequent statute, the Council shall, by ordinance,
adjust the affected times and dates in this Charter
accordingly.
26
Charter Commission Statement
To the Citizens of Lansing: The city council will determine city policy by passage of
At the general election on November 4, 1975, Lansing resolutions and ordinances, and adoption of the city
voters elected nine persons to serve on the Lansing budget and it has the authority to investigate city depts.
Charter Commission. State Law provides for persons The council president will preside at city council
elected to the Charter Commission to serve a term of meetings but the mayor or his executive assistant will
three years, or place a Charter proposal on the ballot for attend all council meetings to make reports or proposals
the voters' consideration on a maximum of three and to respond to questions from council members and
occasions.
citizens.
Prior to the Commission's election, four citizen study Citizen Boards: the board of water and light will
groups, a professional study, and a unanimous continue to be an administrative board. The police and
resolution of the Lansing City Council had encouraged fire boards will be advisory to the mayor and city council
revision of the City Charter to establish clear lines of with additional administrative authority. All other citizen
accountability and responsibility in the operation of City boards will be advisory with the responsibility of
Government and the specific delineation of the roles of recommending policy to the mayor and city council.
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
Since the Commission's November 1976, and June Charter; However, This Proposed Charter Encourages
1977, Charter Proposals were not approved by the Departmental Reorganization By The Mayor And The
voters, the Commission has met with citizens and City Council. The Commission Believes That City
elected officials to determine the issues contained in Departments Should Be Reorganized According To
those proposals which were not acceptable to the voters. Their Major Purpose And Functions In Order To Provide
Services As Efficiently, Effectively And Economically As
The Commission found that the bulk of objections to the Possible.
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 or
simply retained in the present proposal the existing eight 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
The present proposal retains many sections and ideas periodically to review and reevaluate city agencies and
from the existing Charter, sometimes in identical services.
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 12
Legislative: The City Council Consists Of 8 Members, 4 years.
Elected At Large And 1 From Each Of The Four Wards.
27
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:
Revisions to Article 5, Chapter 5 for the 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: December 2010
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