HomeMy WebLinkAboutCity Charter.1994
City of Lansing
City Charter
The Charter of the City of Lansing was adopted by the voters of Lansing on August 8, 1978 and is
included in full including amendments adopted in 1993 and 1994.
Prepared by:
Lansing City Clerk’s Office
Chris Swope, City Clerk
LANSING CITY CHARTER
Table of Contents
Chapter 1. GOVERNMENT 1
1-101 Establishment Of Government 1
1-102 Boundaries 1
Chapter 2. INTERPRETATION OF CHARTER 1
1-201 Powers Of The City 1
1-202 Liberal Construction 1
1-203 Severability 1
1-204 Article, Chapter And Section Headings 1
1-205 Definitions 1
Chapter 3 RIGHTS OF PUBLIC 1
1-301 City Records To Be Public 1
1-302 Non-Discrimination And Civil Rights 2
Chapter 4. GOVERNMENTAL COOPERATION 2
1-401 Intergovernmental Cooperation 2
1-402 Intergovernmental Services And Agreements 2
1-403 Judiciary 2
Chapter 5 PENALTIES 2
1-501 Penalties For Violation Of Charter 2
ARTICLE 2 – OFFICERS AND ELECTIONS 2
Chapter 1. OFFICERS 2
2-101 Elective Officers 2
2-102 Qualifications For Elective Office 2
2-103 Ineligibility For Office 2
2-104 Compensation Of Officers 2
2-105 Bonds Of Officers 3
2-106 Oath Of Office 3
Chapter 2. ELECTION OF OFFICERS 3
2-201 Time Of Elections 3
2-202 Non-Partisan Ballot 3
2-203 Wards 3
2-204 Method Of Nomination 3
2-205 Election Commission 3
2-206 State Law To Apply 3
Chapter 3 VACANCIES 3
2-301 Absence From Office 3
2-302 Forfeiture And Removal For Cause 3
2-303 Filling Vacancies 4
2-304 Temporary Absence Of Mayor 4
Chapter 4. BALLOT ISSUES 4
2-401 Recall 4
2-402 Initiative And Referendum 4
2-403 Petitions For Initiative And Referendum 4
2-404 Suspension Of Referred Ordinance 4
2-405 Council Action On Petitions 4
2-406 Special Elections 5
2-407 Submission By Council 5
2-408 Determining Result Of Election 5
2-409 Amendment, Repeal And Reenactment 5
2-410 Charter Revision Question 5
2-411 Charter Amendments 5
ARTICLE 3 – LEGISLATIVE BRANCH 5
Chapter 1. STRUCTURE 5
3-101 City Council 5
3-102 Organization Of Council 5
3-103 Rules 6
3-104 Maintenance Of Order 6
Chapter 2. MEETINGS OF COUNCIL 6
3-201 Meetings 6
3-202 Special Meetings 6
3-203 Quorum 6
3-204 Attendance At Meetings 6
3-205 Voting 6
3-206 Investigations 6
3-207 Rights And Responsibilities Of Council
Members 6
Chapter 3. LEGISLATION 7
3-301 City Action Requiring An Ordinance 7
3-302 Introduction Of Ordinances 7
3-303 Public Hearing On Ordinance 7
3-304 Publication After Enactment 7
3-305 Veto 7
3-306 Effective Date Of Ordinance 7
3-307 Expiration Of Ordinances 7
3-308 Emergency Ordinances 8
3-309 Codification Of Ordinances 8
3-310 Public Peace, Health And Safety 8
Chapter 4 - INTERNAL AND EXTERNAL AUDITS 8
3-401 Internal Auditor 8
3-402 Powers And Duties 8
3-403 Limitations 8
3-404 External Audit 8
Chapter 5. COUNCIL STAFF 9
3-501 Council Staff 9
ARTICLE 4 – EXECUTIVE BRANCH 9
Chapter 1. MAYOR 9
4-101 Mayor 9
4-102 Obligations Of Leadership 9
Chapter 2. EXECUTIVE STAFF 9
4-201 Executive Assistant To The Mayor 9
Chapter 3 DEPARTMENTS 10
4-301 Organization Of Departments 10
4-302 Finance Department 10
4-303 Fire Department 10
4-304 Law Department 11
4-305 Parks And Recreation Department 11
4-306 Planning Department 11
4-307 Police Department 11
4-308 Public Service Department 12
Chapter 4 - DEPARTMENT AND AGENCY HEADS 12
4-401 Heads Of Departments 12
4-402 Heads Of Agencies 12
Chapter 5. CLERK 12
4-501 City Clerk. 12
4-502 Chief Deputy City Clerk 12
ARTICLE 5 – BOARDS AND COMMISSIONS
13
Chapter 1. GENERAL PROVISIONS FOR BOARDS 13
5-101 Citizen Involvement In Government 13
5-102 Types Of Boards 13
5-103 Appointment Of Board Members 13
5-104 Ineligibility For Boards 13
5-105 Organization Of Boards - Rules Of Procedure14
5-106 Advisory Board Functions 14
5-107 Continuation Of Existing Boards 14
5-108 Limitation On Powers Of Boards 14
Chapter 2. BOARD OF WATER AND LIGHT 14
5-201 Board Of Water And Light 14
5-202 Director, Internal Auditor, Secretary 14
5-203 Powers Of The Board 15
5-204 Withdrawal Of Funds 15
5-205 Rates 15
5-206 Collection And Hearing Procedure 15
5-207 Sale Or Exchange Of Facilities 16
Chapter 3. BOARD OF POLICE COMMISSIONERS 16
5-301 Duties 16
5-302 Investigatory Power 16
Chapter 4. BOARD OF FIRE COMMISSIONERS 16
5-401 Duties 16
CHAPTER 5. BOARD OF ETHICS 16
5-501 Standards Of Conduct 16
5-502 Membership 17
5-503 Duties 17
5-504 Protection Of Public Interest 18
5-505 Conflict Of Interest 18
Chapter 6. PLANNING BOARD 18
5-601 Planning Board 18
5-602 Powers And Duties 18
ARTICLE 6 – CITY EMPLOYEES 18
Chapter 1. MERIT SYSTEM 18
6-101 Personnel Merit System 18
6-102 Administration Of Personnel Merit System 18
Chapter 2. LABOR RELATIONS 19
6-201 Labor Management Activities 19
Chapter 3. PROHIBITION AGAINST DISCRIMINATION
19
6-301 Non-Discrimination 19
ARTICLE 7 – TAXATION AND FINANCE 19
Chapter 1. BUDGET 19
7-101 Submission Of Budget 19
7-102 Council Budget Priorities 19
7-103 Budget Message 19
7-104 Budget Hearing 19
7-105 Adoption Of Budget Resolution 19
7-106 Item Veto 20
7-107 Effect Of Appropriation 20
7-108 Supplemental Appropriations 20
7-109 Capital Improvements Plan 20
7-110 Control Of Expenditures 20
7-111 Uniform System Of Accounts 20
Chapter 2. TAXATION 20
7-201 Power To Tax; Tax Limit 20
7-202 Subjects Of Taxation 20
7-203 Exemptions 20
7-204 Duties Of The City Assessor 21
7-205 Board Of Review 21
7-206 Taxes Become Lien 21
7-207 State, City, County, School And Community
College Taxes 21
7-208 Collection Of Taxes 21
7-209 Delinquent Tax Collection Procedure 21
Chapter 3. BORROWING 22
7-301 General Borrowing Power 22
7-302 Limitations On Borrowing 22
7-303 Use Of Borrowed Funds 22
7-304 Execution Of Obligations 22
7-305 Special Assessment Bonds 22
Chapter 4. SPECIAL ASSESSMENTS 22
7-401 Power To Assess 22
7-402 Procedure Ordinance 22
7-403 Additional Assessments 22
7-404 Contest Of Assessments 22
7-405 Lien And Collection Of Special Assessments 23
7-406 Postponement Of Payments 23
7-407 Special Assessment Accounts 23
7-408 All Property Liable For Special Assessment 23
ARTICLE 8 – REGULATORY POWERS AND
CONTRACTS 23
Chapter 1. LICENSING 23
8-101 Regulatory Power 23
8-102 Issuance Of Licenses 23
Chapter 2. FRANCHISES 23
8-201 Limitations On Franchise 23
8-202 Standard Provisions Of Public Utility Franchise
24
Chapter 3. PUBLIC UTILITIES 24
8-301 Public Utility Services Of City 24
8-302 Disposal Of Municipal Utility Plants And
Property 24
8-303 Rates 24
8-304 Collection Of Municipal Utility Charges 24
Chapter 4. PROPERTY 24
8-401 Purchases Of Personal Property And Services
24
8-402 Sales Of Personal Property 25
8-403 Purchase And Sale Of Real Property 25
ARTICLE 9 – TRANSITION 25
Chapter 1. CONTINUITY OF OFFICERS 25
9-101 Status Of Officers 25
9-102 Compensation Of Officers 25
9-103 First Ordinances On Qualifications 25
Chapter 2. CONTINUITY OF RIGHTS AND
LEGISLATION 26
9-201 Existing City Legislation And Rules 26
9-202 Vested Rights And Liabilities 26
9-203 Pensions 26
9-204 Changes Of Time Schedules 26
9-205 Council Action On Transition 26
Chapter 3 COMMENCEMENT OF NEW CHARTER 26
9-301 Effective Date Of This Charter 26
9-302 First Election Under This Charter 26
Chapter 4. ADOPTION OF CHARTER 26
9-401 Submission Of Charter To Electorate 26
9-402 Form Of Question 26
CHARTER COMMISSION STATEMENT 27
RESOLUTION OF ADOPTION 28
1
ARTICLE 1 – GENERAL
Chapter 1. GOVERNMENT
1-101 Establishment Of Government
The people of the City of Lansing, by adoption of this
home rule Charter, create and continue a body corporate
known as the "City of Lansing" and provide for
continuing control of their municipal corporation.
1-102 Boundaries
The boundaries of the City existing when this Charter
takes effect continue in effect until changed in
accordance with law.
Chapter 2. INTERPRETATION OF CHARTER
1-201 Powers Of The City
The City has the comprehensive home rule power
conferred upon it by the Michigan Constitution, subject
only to the limitations on the exercise of that power
contained in the Constitution or this Charter or imposed
by statute. The City also has all other powers, which a
city may possess under the Constitution and laws of this
State.
1-202 Liberal Construction
The powers of the City under this Charter shall be
construed liberally in favor of the City. The specific
mention of particular powers in the Charter shall not be
construed as limiting in any way the powers of the City
as stated in Section 1-201.
1-203 Severability
If any provision of this Charter or the application thereof
to any person or circumstance is held invalid, the
invalidity shall not affect other provisions of applications
of the Charter.
1-204 Article, Chapter And Section Headings
The article, chapter and section headings and catch
lines used in this Charter are for convenience only, and
shall not add or subtract from the meaning of the words
of this Charter.
1-205 Definitions
The definitions provided in this section shall control the
interpretation of the defined words when used in this
Charter unless the context clearly indicates otherwise.
AGENCY means any board, commission, department,
division, office or other organization of City government
and includes any elective officer, appointee, or person
acting or purporting to act in the exercise of official
duties.
AGENCY OF THE EXECUTIVE BRANCH means those
instrumentalities of government under the direction of
the Mayor in Article 4 of this Charter and does not refer
to any elected officer.
BOARD means a group of persons organized for
governmental purpose and includes commissions and
committees.
ELECTORS means persons registered to vote in the
City. Percentages of electors shall be determined as of
the most recent election.
FRANCHISE means the grant of a right by the City
pursuant to law. The Board of Water and Light as a
permanent agency of Lansing City Government is not
the recipient of a franchise of the City of Lansing.
INQUIRY means a request for information. There is no
intention in this Charter to distinguish between inquiries
made by City officials and inquiries made by private
citizens.
LAW refers to principles of conduct, which must be
obeyed. There is no intention in this Charter to
distinguish among those jurisdictions with power to
declare the law unless specific reference is made to
federal law, state law or local law. There is no intention
to limit the meaning of LAW to those laws in effect on the
effective date of the Charter.
MEMBERS ELECT means that all seats are counted in
determining an ordinary or extraordinary majority.
MEMBERS PRESENT means that neither vacant seats
nor seats of absent members are counted in determining
an ordinary or extraordinary majority.
MEMBERS SERVING means that seats of absent
members are counted in determining an ordinary or
extraordinary majority, but vacant seats are not counted.
OFFICER includes, but is not limited to, the elected
officials of the City, the members of boards and
commissions, and their executive staffs, all heads of
departments and divisions.
ORDINANCE means a local law enacted by the
legislative body of the City of Lansing either prior to the
effective date of this Charter or subsequently.
PERSON means both men and women and artificial
entities, recognized as persons by state law.
PUBLISH means making something public in the
manner stated in or authorized by this Charter, or if no
direction is given in this Charter, in one or more
newspapers circulated in the City or by posting on the
official bulletin boards of the City.
SECTION means the basic unit of this Charter.
RELATED SECTIONS are grouped into CHAPTERS.
RELATED CHAPTERS are grouped into nine
ARTICLES.
STATUTE means a Public Act of the State of Michigan
as it exists at the time the provision containing the word
STATUTE is to be applied.
Chapter 3 RIGHTS OF PUBLIC
1-301 City Records To Be Public
.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
hours.
.2 No person shall dispose of, mutilate, or destroy any
records of the City, except as provided by law.
1-302 Non-Discrimination And Civil Rights
.1 In the exercise of its powers or in the performance of
its duties the City and all of its agencies shall ensure that
no person or group engaged in the conduct of official
business or seeking to do business with the City is
discriminated against because of race, creed, political
orientation, color, national origin, marital status, sex,
age, handicap or for any cause not reasonably related to
the accomplishment of a legitimate governmental
purpose, and shall take whatever action is necessary to
accomplish this purpose.
.2 The City and all its agencies shall ensure that the civil
and constitutional rights of all persons are not denied or
abridged.
Chapter 4. GOVERNMENTAL COOPERATION
1-401 Intergovernmental Cooperation
.1 The City shall, whenever it is feasible and beneficial,
adopt a cooperative intergovernmental approach to the
solution of urban problems. For this purpose the City
shall have the power to join with any unit of government
whether local, state or federal, or with any number or
combination thereof, by contract or otherwise, as may be
permitted by law, in the financing, ownership, operation
or performance, jointly or by one or more on behalf of all,
of any property, facility or service which each would
have the power to own, operate or perform separately.
.2 The City may participate in organizations, both
governmental and non-governmental in or beyond the
corporate limits of the City. The participation of the City
in those organizations is not subject to the limitations of
this Charter. The City shall endeavor to secure the
application of the principle of one person, one vote in
any regional body. The City appointees to such
organization shall file a report on their activities with the
Mayor and City Council at least once a year.
1-402 Intergovernmental Services And Agreements
.1 In addition to other services the City shall have the
authority to extend police and fire protection to property
owned by any unit of government.
.2 The City may enter into any agreement or contract
with any unit of government providing for the availability
of police or fire services or for the compensation of the
City for police or fire services.
1-403 Judiciary
Judicial authority shall be organized and exercised
pursuant to State law.
Chapter 5 PENALTIES
1-501 Penalties For Violation Of Charter
Any person found guilty of an act constituting a violation
of this Charter may be punished by a fine not exceeding
five hundred dollars or by imprisonment for not to
exceed 90 days, or both, in the discretion of the court.
This section shall not operate to limit or prejudice the
power to remove officers or discharge employees as
provided in this Charter.
ARTICLE 2 – OFFICERS AND ELECTIONS
Chapter 1. OFFICERS
2-101 Elective Officers
.1 The elective officers shall be the Mayor, eight
members of the City Council and the City Clerk.
.2 Each officer shall have a term of four years
terminating at 12 Noon on January first and shall serve
until the election and qualification of a successor.
.3 The terms of office of the Council Members shall be
staggered so that two City Council Members elected
from wards shall stand for elections every two years and
two City Council Members elected at large shall stand
for election every two years.
2-102 Qualifications For Elective Office
Every city official holding elective office shall be a
registered elector in the City of Lansing and shall have
been a resident of the city for one year prior to taking
office. A ward Council Member shall be a resident of the
ward from which elected or chosen.
2-103 Ineligibility For Office
.1 Any person who has been convicted of either a
violation of the election laws of this City, this State or the
United States of America or a violation of a public trust
or any felony shall not be eligible to hold any City office
for a period of 20 years from the date of the conviction.
.2 No person who is in default to the City shall be eligible
to hold any City office.
.3 A person who holds or has held any elective City
office shall not be eligible for appointment to a non-
elective office or employment for which compensation is
paid by or through any agency of the City until the
person has been out of office for one year.
2-104 Compensation Of Officers
.1 The City shall, by ordinance, determine the
compensation or the procedure for determining the
compensation of all officers and employees of the City.
.2 The elected officers compensation commission
previously created by ordinance may continue to
determine the compensation of all elected officials after
the effective date of this Charter. The compensation
commission ordinance shall be amended to provide a
procedure for calling the compensation commission
together at a time to be determined by the City Council.
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.3 The City may, by ordinance, at any time alter any
procedure for determining compensation of any officers
or employees.
2-105 Bonds Of Officers
.1 All officers and employees who receive, distribute or
are responsible for City funds, shall be bonded in the
sum determined by the City Council.
.2 The City Council may require bonds from other
officers and employees.
.3 All bonds shall be approved by the City Attorney and
filed with the City Clerk.
2-106 Oath Of Office
Every elective officer and every appointee before
entering on official duties shall take and subscribe the
following oath: "I do solemnly swear (or affirm) that I will
support the Constitution of the United States and the
Constitution of this State and that I will faithfully
discharge the office of _____________, according to the
best of my ability," and shall file that oath, duly certified
by the officer before whom it was taken, in the office of
the City Clerk.
Chapter 2. ELECTION OF OFFICERS
2-201 Time Of Elections
The primary and general elections for all City offices
shall be at the time provided by State law.
2-202 Non-Partisan Ballot
The Clerk shall prepare ballots which shall conform to
the provisions of law. No party vignette or emblem or
other designation shall appear on the ballot in regard to
City officers.
2-203 Wards
.1 The City of Lansing shall be divided into four wards,
from each of which a member of the City Council shall
be nominated and elected.
.2 Each ward shall have the same boundaries as shall
exist on the effective date of this Charter until changed in
accord with law.
.3 The Election Commission shall revise the boundaries
of the wards within 60 days after the figures from the
Federal decennial census becomes available. New ward
boundaries created within 120 days of a City primary
election shall become effective after the general election.
.4 The Election Commission shall, to the greatest extent
possible, establish wards that are compact, contiguous
and of equal population.
2-204 Method Of Nomination
.1 The method of nomination for all elective offices in the
City shall be by petition, or by a candidate submitting a
filing fee. A primary election shall be held on those
occasions when the number of persons submitting valid
nominating petitions or filing fees exceeds twice the
number of positions to be filled in the office.
.2 Nominating petitions submitted by candidates for
offices to be filled by voters of a ward shall be signed by
at least one hundred (100), but no more than one
hundred fifty (150), of the persons registered to vote in
the ward in which the election is to be held.
.3 Nominating petitions submitted by candidates for
offices to, be filled by the voters of the City at large shall
be signed by at least four hundred (400), but no more
than six hundred (600), of the registered electors of the
City.
.4 In lieu of submitting nominating petitions, a candidate
may nominate himself or herself for City office by
submitting a filing fee of one hundred dollars ($100.00).
The filing fee shall be nonrefundable.
.5 The City Clerk shall assist members of the public by
providing information regarding the requirements for
candidacy, and in the preparation of petitions.
.6 Neither nominating petitions, nor filing fees shall be
accepted unless accompanied by an affidavit sworn to or
affirmed by the candidate, stating that the candidate
possesses the legal qualifications for the office and
requesting that the candidate’s name be printed on the
ballot.
2-205 Election Commission
.1 The conduct of City elections shall be the
responsibility of the Election Commission consisting of
the City Clerk, the City Attorney and the Assessor. The
City Clerk shall preside.
.2 The Election Commission shall prescribe the
procedures to be followed in the conduct of City
elections in accord with state law.
2-206 State Law To Apply
The general election laws of the state as supplemented
by the provisions of this Charter and relevant ordinances
shall apply to the qualifications and registration of voters,
the filing for office by candidates, and the conduct and
canvass of City elections.
Chapter 3 VACANCIES
2-301 Absence From Office
Whenever an elective officer of the City has failed to
perform the duties of the office for 60 consecutive days
or more, the Council shall vote to excuse or not to
excuse the inability at each Council meeting until the
officer resumes the duties of the office. If the Council
does not excuse the inability at any meeting, after the 60
days have lapsed, the office shall be forfeited at the
close of the meeting.
2-302 Forfeiture And Removal For Cause
.1 The City Council shall declare the forfeiture of the
office of any elective officer or appointee and may
remove for cause any person appointed to an office for a
fixed term. In every case there shall be a public hearing
before the City Council with notice published in the same
manner as notices of proposed ordinances. A Council
member charged with conduct constituting grounds for
forfeiture may not participate in the resolution of the
charge.
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.2 The position of an elective City officer or an appointee
shall be forfeited if he or she:
(a) lacks at any time any qualifications required by this
Charter.
(b) is convicted of a felony while holding the office or
appointment.
(c) violates a provision of this Charter punishable by
forfeiture.
.3 Decisions made by the City Council under this section
are not review able by the Mayor but are subject to
judicial review in a hearing de novo. Any resident of the
City may petition an appropriate court to require the City
Council to hold a public hearing on the forfeiture of an
office if the City Council has unreasonably refused to
proceed.
2-303 Filling Vacancies
.1 Whenever a vacancy occurs in the office of Mayor, the
President of the City Council shall fill the office until
January first following the earliest November general
election at which a successor can be elected to fill the
office for the rest of the term. If the Council President
should decline to serve as Mayor, after receiving notice
of the vacancy, the Council by a majority of Council
members serving shall select one of its members to fill
the office of Mayor.
.2 Whenever a vacancy exists in the office of the City
Clerk or member of the City Council, the Council, by a
majority vote of members serving, shall appoint a
qualified person to fill the office until January first
following the earliest November general election at
which a successor can be elected to fill the office for the
rest of the term.
2-304 Temporary Absence Of Mayor
.1 During the temporary absence of the Mayor from the
City or the inability of the Mayor to perform the duties of
the office, the President of the City Council shall be
considered the temporary Mayor of the City for the
purpose of performing statutory duties of the office.
.2 Whenever the City Council, by a vote of two-thirds of
the members serving, declares that the temporary
absence of the Mayor from the City or the inability of the
Mayor to perform the duties of the office has created a
need for administrative leadership and direction, the City
Council may request the President of the City Council to
assume the fulltime obligations of leadership under 4-
102 for as long as the Council deems necessary or until
the elected Mayor resumes the office whichever is the
first to occur.
.3 If the President at any time declines to serve as Acting
Mayor, the Council may designate another of its
members to serve as Acting Mayor.
.4 Any appointment or removals by an Acting Mayor are
subject to confirmation by the permanent Mayor.
.5 The Acting Mayor shall possess the veto power
provided in this Charter but shall not vote while Acting
Mayor.
Chapter 4. BALLOT ISSUES
2-401 Recall
Any official holding an elective office may be recalled
and the vacancy created be filled in the manner provided
by law.
2-402 Initiative And Referendum
The people reserve to themselves the power to propose
ordinances and to enact and reject ordinances, called
the initiative, and the power to approve or reject
ordinances enacted by the City Council, called the
referendum.
2-403 Petitions For Initiative And Referendum
.1 Initiative and referendum petitions must be signed by
a number of City electors equivalent to at least 5 percent
of registered electors of the City.
.2 Petitions shall set forth in full the measure to be
initiated or referred. The circulators may submit the
petitions to the City Attorney for approval as to form
before circulating, but they are not required to do so.
.3 Signers of petitions shall be registered electors of the
City. Each shall sign his or her name indelibly and shall
indicate his or her residence and the date of signing.
Each petition shall contain a sworn affidavit of the
circulator stating that each signature is, to the knowledge
of the circulator, the genuine signature of a registered
elector and the person whose name it purports to be;
and that it was affixed in the presence of the circulator.
.4 Signatures obtained more than 90 days before the
petition is filed with the Clerk shall not be counted.
.5 The City Clerk shall, within 15 days, canvass the
signatures and shall present the petition, if found
sufficient and proper, to the City Council at its next
regular meeting.
.6 If the City Clerk determines the petition lacks sufficient
signatures or is otherwise improper, the City Clerk shall
forthwith notify the person filing such petition by regular
mail of the deficiency and 10 days shall be allowed for
filing supplemental petition papers.
2-404 Suspension Of Referred Ordinance
A referendum petition must be filed with the City Clerk
within 30 days after the enactment of an ordinance. The
filing of a referendum petition containing signatures
equal to the required amount will delay or suspend the
operation of the ordinance until the City Clerk has made
a report that the petition does not contain a sufficient
number of valid signatures or, if the City Clerk finds the
petition to be sufficient, until final determination by the
voters.
2-405 Council Action On Petitions
.1 Upon receiving an initiative or referendum petition
from the City Clerk, the City Council shall within 30 days
either:
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(a) if it is an initiative petition
(1) adopt the ordinance as submitted in the petition, or
(2) direct the submission of the proposal to the electors;
or
(b) if it is a referendum petition,
(1) repeal the ordinance to which the petition refers, or
(2) direct the submission of the proposal to the electors.
.2 Submission to the voters shall take place at the next
regular election, or at a special election held prior to the
next regular election.
2-406 Special Elections
.1 Special City elections shall be held when called by
resolution of the City Council at least 50 days in advance
of the election, or when required by this Charter or state
law. Any resolution calling a special election shall set
forth the purpose of such election.
.2 Special elections to fill vacancies shall be called at
least 90 days before the general election. A special
primary election shall be held at least 25 days before the
special general election.
.3 Any election to, fill a vacancy in an elective City office
shall be held on election day in November and shall be
preceded by a primary election. No general election to fill
a vacancy may be held unless the vacancy occurred at
least six months prior to the general election.
.4 Whenever a vacancy in the office of Mayor, City Clerk
or City Council exists for 30 days and the City Council
has failed to fill the vacancy, the Election Commission
shall schedule a special election to fill the vacancies at
the earliest possible time. The date of the election shall
not be subject to the provisions of Section 2-406.3.
2-407 Submission By Council
The City Council may, on its own motion, by a vote of
five City Council members, submit to the voters any
proposed ordinances or any proposal for the repeal or
amendment of an ordinance in the manner and with the
effect in this Chapter for submission of proposals
initiated by petition.
2-408 Determining Result Of Election
.1 Except as otherwise required by law, the result of any
initiative or referendum election shall be determined by a
majority of the voters voting on the question.
.2 If two or more inconsistent initiative or referendum
measures are submitted to the voters at the same
election, the measure receiving the highest number of
affirmative votes shall prevail to the extent of their
inconsistency.
2-409 Amendment, Repeal And Reenactment
.1 An ordinance adopted by the voters through initiative
proceedings may not be amended or repealed by the
City Council for a period of two years after the date of
the election at which it was adopted.
.2 An ordinance nullified by the voters through
referendum proceedings may not be re-enacted by the
City Council for a period of two years after the election at
which it was nullified.
2-410 Charter Revision Question
The question of whether there shall be a general revision
of the City Charter shall be submitted to the voters of the
City of Lansing at the November general election held in
1987 and every 12 years thereafter and may be
submitted at other times in the manner provided by law.
2-411 Charter Amendments
.1 This Charter may be amended by a majority vote of
the electors in the manner provided by statute.
.2 Petitions for Charter amendments may be submitted
to the City Attorney for approval as to form in the same
manner as petitions for initiative and referendum.
.3 If two or more amendments adopted at the election
have inconsistent provisions, the amendment receiving
the largest affirmative vote shall prevail to the extent of
their inconsistency.
ARTICLE 3 – LEGISLATIVE BRANCH
Chapter 1. STRUCTURE
3-101 City Council
The legislative power of the City is vested in the City
Council. The City Council shall have the powers and
duties provided by law or this Charter.
3-102 Organization Of Council
.1 The City Council shall meet and organize each year at
its first regularly scheduled meeting in January.
.2 At its annual organizational meeting the City Council
shall select from its members a presiding officer and a
person to act in the absence of the presiding officer.
They shall be known as the Council President and the
Council Vice-President, respectively, and each shall
serve a one year term.
.3 The City Clerk shall preside until the City Council has
chosen a Council President. Thereafter, the Council
President shall preside at all formal sessions of the City
Council when present.
.4 The Council may establish special or ad hoc
committees limited in time and purpose.
.5 The Council may also establish such other
committees as it may deem appropriate. For the
performance of its legislative responsibilities, standing
committees may be established. No standing committee
shall be administrative in nature, nor shall it parallel the
administrative structure of City government.
.6 The Chairperson and members of each committee
established by Council shall be named by the Council
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President not later than the next regular City Council
meeting after the establishment of the committee.
.7 The City Council may, at any of its Meetings
deliberate as a committee of the whole.
3-103 Rules
.1 The Council shall by resolution adopt rules of
procedure for the orderly conduct of its meetings.
.2 The rules shall direct the City Clerk to prepare the
agenda for the Council meetings and make it public in
the manner set forth in the rules.
.3 The rules shall provide that there shall be a time on
the agenda of each Council meeting for a report from the
Mayor and a time for the Mayor or a representative of
the Mayor to respond to questions.
.4 The rules shall provide a reasonable opportunity for
members of the public to be heard at Council meetings.
3-104 Maintenance Of Order
The City Council shall have the authority to maintain
order at meetings of the Council and its committees, and
shall have the assistance of City police whenever the
Council deems it necessary.
Chapter 2. MEETINGS OF COUNCIL
3-201 Meetings
.1 The City Council shall meet weekly at least 50 weeks
a year, at such times and places as shall be stated in the
Council rules. The public shall have a reasonable
opportunity to be heard.
.2 Meetings of the City Council shall be open to the
public except in those limited instances where State law
authorizes closed meetings.
.3 Notices of all meetings of the City Council shall be
posted at City Hall and such other locations considered
appropriate by the Council and shall set forth the topics
of business to be discussed, the dates, times and
locations of the meetings.
3-202 Special Meetings
.1 Special meetings of the Council shall be held at the
call of the Clerk upon the written request of the Mayor or
any two members of the Council.
.2 At least 18 hours before the meeting, the clerk shall
give public notice of the meeting and shall cause each
Council member to he served personally with a notice of
the meeting or shall cause the notice to be left at the
usual place of residence of the Council member.
.3 No business shall be transacted at any special
meeting of the Council except that stated in the notice of
the meeting.
3-203 Quorum
Five members of the Council shall be a quorum for the
transaction of business at all of its meetings. In the
absence of a quorum, any number less than a quorum
may recess any meeting or hearing to a later time.
3-204 Attendance At Meetings
.1 The City Council may compel the attendance of
absent members at a duly called meeting by a majority
vote of the Council members present whether or not
quorum is present.
.2 The City Council may by ordinance provide penalties
for non-attendance, including the penalty of forfeiture of
office.
3-205 Voting
.1 An action of the Council shall become effective with
an affirmative vote of five Council members voting,
except as otherwise provided by this Charter for the
filling of vacancies and resolving a conflict of interest of a
Council member. A vote of two-thirds of the Council
members serving shall require the affirmative vote of six
of the eight serving Council members. If there are one or
more vacancies existing on the Council and a vote of
two-thirds of the Council members serving is required,
an affirmative vote of five Council members shall be
sufficient to adopt.
.2 Each member of the Council shall vote on each
question before the Council for a determination, unless
excused there from by the affirmative vote of two-thirds
of the members serving, except that no member shall
vote on any question upon which that member has a
conflict of interest or a financial interest other than as a
citizen of the City. If a conflict of interest question is
raised under this section at any Council meeting, such
question shall be determined by a majority of those
Council members present and qualified to vote before
the main question shall be voted on, but the Council
member affected shall not vote on such determination.
.3 The affirmative and negative votes shall be taken and
recorded on all ordinances, and whenever requested by
one or more Council members, on any other matter.
3-206 Investigations
.1 The City Council may make investigations into the
affairs of the City and the conduct of any City agency.
.2 The City Council may subpoena witnesses, administer
oaths, take testimony and require the production of
evidence in any matter pending before it.
.3 To enforce a subpoena or order for production of
evidence or to impose any penalty prescribed for failure
to obey a subpoena or order, the City Council shall apply
to the appropriate court.
3-207 Rights And Responsibilities Of Council Members
.1 Members of the City Council shall have all of the
rights appropriate to city legislators as established by
this Charter or by statute, including the right to make
inquiries of City officers and employees and receive
specific information in response.
.2 The responsibilities and activities shall be to establish
policy of the City and shall be legislative in nature.
.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
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shall give no direct orders to any other city officer or
employee.
Chapter 3. LEGISLATION
3-301 City Action Requiring An Ordinance
.1 In addition to other acts required by law or by specific
provision of this Charter to be done by ordinance, those
acts of the City shall be by ordinance which:
(a) provide a penalty or establish a rule or regulation for
violation of which a penalty is imposed;
(b) provide for the levying and collecting of rents, tolls,
excises and taxes, except for taxes levied in the annual
appropriation resolution; or
(c) amend or repeal any ordinance previously adopted.
.2 Other Council actions may be taken either by
ordinance or resolution.
3-302 Introduction Of Ordinances
.1 Every proposed ordinance shall be introduced in
writing.
.2 No ordinance may contain more than one subject,
which shall be clearly stated in its title.
.3 The enacting clause shall be "The City of Lansing
ordains ......"
.4 An ordinance which only amends the schedules
related to the regulation of traffic and parking need not
be republished in full. The sections to be amended of all
other ordinances shall be re-enacted and published in
their entirety clearly indicating the matter to be omitted
and the matter to be added.
.5 An ordinance which repeals an existing ordinance
may state the number, title, a brief description of the
ordinance and the reasons for the repeal without
restating the text of the ordinance being repealed.
.6 Objections to the form of an ordinance, which are
raised for the first time after the effective date of the
ordinance shall not invalidate the ordinance.
3-303 Public Hearing On Ordinance
.1 Upon introduction of any ordinance, the City Clerk
shall distribute a copy to each Council Member and to
the Mayor. A reasonable number of copies shall be filed
in the office of the City Clerk and such other public
places as the City Council may designate.
.2 Notice to the public of a public hearing on the
consideration of the proposed ordinance shall be given
by publication or in the manner determined by the City
Council.
.3 The public hearing may be held not sooner than five
days after the public has been provided notice of the
hearing. The public hearing may be held separately or at
a regular or special meeting of the City Council.
.4 All interested persons shall have an opportunity to be
heard.
3-304 Publication After Enactment
.1 The City Clerk shall authenticate by signature and
record all ordinances and resolutions in a properly
indexed book kept for the purpose.
.2 After enactment of any ordinance or resolution having
the effect of law, the City Clerk shall have it published as
soon as possible, in a newspaper of general circulation
in the City together with a notice of its adoption.
.3 No ordinance or emergency ordinance shall be
effective until it has been published.
.4 Every ordinance or resolution having the effect of law,
and amendment to this Charter, shall be printed after
enactment and copies shall be distributed or sold to the
public at reasonable prices to be fixed by the City
Council.
3-305 Veto
.1 Every ordinance and resolution passed by the City
Council is subject to veto by the Mayor.
.2 No ordinance or resolution of the City Council subject
to review by the Mayor shall have any force or effect if
the Mayor prepares and signs a notice in writing
suspending the operation of such ordinance or resolution
which sets forth reasons for the veto, and the notice is
filed in the office of the City Clerk before five o’clock on
the afternoon of the third working day following the
adoption of the ordinance or resolution.
.3 If a notice of veto is filed, the ordinance or resolution
shall not become law without further affirmative vote of
two-thirds of the Council members serving at a meeting
held within two weeks of the notice of veto.
3-306 Effective Date Of Ordinance
.1 Every published ordinance shall become effective at
12:01 a.m. on the 30th day after enactment or at any
later date specified.
.2 The City Council may give immediate effect to any
ordinance by an affirmative vote of two-thirds of the
Council members serving whenever it finds that there is
a public necessity for eliminating delay in making an
ordinance effective.
3-307 Expiration Of Ordinances
.1 Every ordinance which creates a regulatory function,
an agency of the City or provided for a service to be
rendered to the public shall state that it shall expire on a
specific date not more than ten years after the date of
adoption.
.2 Six months prior to the expiration date of each such
ordinance the Clerk shall notify the Council of the
expiration date.
.3 Two months prior to the expiration date the Council
shall take formal action, either to re-enact the ordinance,
or by resolution, state its intent that the ordinance shall
expire.
.4 The failure of the Clerk or Council to act shall not
extend the life of any ordinance covered by this section.
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3-308 Emergency Ordinances
.1 Emergency ordinances may be enacted to meet a
public emergency affecting life, health, property or the
public peace. However, an emergency ordinance may
not levy taxes; grant, renew or extend a franchise; or
regulate the rate charged by any public utility for its
services.
.2 An emergency ordinance shall be introduced in the
form and manner required for ordinances generally,
except that it shall contain, after the enacting clause, a
declaration stating that an emergency exists and
describing it in clear and specific terms.
.3 An emergency ordinance may be adopted and given
immediate effect at the meeting at which it is introduced
by an affirmative vote of two-thirds of Council Members
present.
.4 No emergency ordinance shall be effective for more
than 60 days.
3-309 Codification Of Ordinances
.1 Within three years after the effective date of this
Charter and at least every 10 years thereafter, the City
Council shall provide for and adopt a codification of all
City ordinances.
.2 The codification shall be enacted by ordinance and
shall be published promptly in loose leaf form, together
with this Charter and commentary and any amendments,
pertinent provisions of the State Constitution and other
laws of Michigan, and other rules and regulations as the
City Council may specify.
.3 This compilation shall be known as the Lansing City
Code and copies shall be: furnished to City officers,
placed in libraries and public offices for free public
reference, and made available for purchase by the public
at a reasonable price fixed by the City Council.
.4 After publication of the first Lansing City Code under
this Charter, the ordinances and Charter amendments
shall be printed in a form suitable for integration with the
Code currently in effect.
3-310 Public Peace, Health And Safety
The City shall take such action, and adopt such
ordinances, as shall be necessary to provide for the
public peace and health and for the safety of persons
and property within the City.
Chapter 4 - INTERNAL AND EXTERNAL AUDITS
3-401 Internal Auditor
.1 The City Council shall appoint a qualified person as
the Internal Auditor.
.2 The Internal Auditor shall be responsible to the City
Council and may be removed by a majority of the City
Council members serving.
3-402 Powers And Duties
.1 The Internal Auditor shall devote full time to the
services of the City and shall assist the City Council in
evaluating the planning and budgeting affairs of the City
in order to develop and maintain unified City policies.
.2 The Internal Auditor shall make audits of financial
transactions of all City agencies at least once every year
or as otherwise directed by the City Council. The Internal
Auditor shall have access to the financial and other
records of all City agencies at any time.
.3 The Internal Auditor shall make a full report to the City
Council of each individual audit and file a copy with the
Mayor and City Clerk. The report shall include any or all
of the following as directed by Council:
(a) An examination of financial transactions, accounts,
contracts and reports, including an evaluation of
compliance with applicable laws and regulations;
(b) a review of efficiency and economy in the use of
resources with recommendations for improvement;
(c) a report as to whether desired results are effectively
achieved in City programs, services and activities.
.4 As soon as possible after the close of each fiscal year,
the Internal Auditor shall provide an analysis of the
financial position of the City. The report shall be a public
record.
.5 The Internal Auditor shall review the administration
and performance of any City agency and report findings
and recommendations to the City Council and file a copy
with the Mayor and the Clerk.
.6 Whenever appropriate the Internal Auditor shall
promptly make a report to the City Council on City
agencies or any irregularities of practice and erroneous
accounting methods with recommendations for
improving the accounting procedures and systems of the
agency. A copy of each report on irregularities and
erroneous accounting methods shall be referred to the
Mayor.
.7 The Internal Auditor shall evaluate the Capital
Improvement Plan.
.8 The Internal Auditor shall have no authority to audit
the activities of the Board of Water and Light except as
requested in writing by the Board.
.9 The Internal Auditor may be authorized by City
Council to hire adequate staff to perform the internal
auditing functions. The staff shall serve at the pleasure
of the Internal Auditor.
3-403 Limitations
Except as otherwise provided in this Charter, the Internal
Auditor shall not have any connection with any City
agency, nor be custodian of any cash or securities
belonging to the City.
3-404 External Audit
.1 An independent audit shall be made of all accounts of
the City government, including the Board of Water and
Light, at the close of each fiscal year, and shall be
completed by October ]5th. Special independent audits
may be made at any time that the Council may
designate. All such audits shall be made by a Certified
Public Accountant designated by the Council. The
results of each such audit shall be made public in the
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manner that the Council determines and copies thereof
shall be placed in the office of the Clerk for public
inspection.
.2 The External Auditor shall report on the activities and
accounts of the Internal Auditor.
Chapter 5. COUNCIL STAFF
3-501 Council Staff
.1 The City Council may employ staff and contract for
services as it may deem necessary to assist it in its
functions.
.2 Persons appointed by the Council shall serve at the
pleasure of the Council.
ARTICLE 4 – EXECUTIVE BRANCH
Chapter 1. MAYOR
4-101 Mayor
The Mayor shall be the chief executive officer of the City
of Lansing and shall devote full time to the service of the
City. The Mayor shall exercise all of the powers and
duties granted to the Mayor by law or this Charter.
4-102 Obligations Of Leadership
.1 The Mayor shall exercise supervision and
coordination over the several departments of
government, and see that the laws, ordinances, and
regulations of the City are enforced and for that purpose,
the Mayor shall be a conservator of the peace. The
Mayor may exercise within the City the powers conferred
upon sheriffs to suppress disorder and enforce the laws
of the State and the ordinances and regulations of the
City.
.2 The Mayor, or the Executive Assistant to the Mayor,
shall attend all regular and special meetings of the City
Council to submit such reports and proposals to the City
Council as are appropriate, and to respond to questions
of the Council members and citizens.
.3 The Mayor shall recommend to the City Council I from
time to time, proposals for meeting the needs and
addressing the problems of the City.
.4 No later than the last regular City Council meeting in
January of each year, the Mayor shall present a state of
the City report to the City Council and to the public,
outlining the activities of each of the departments and
agencies of the City, their existing programs and
services and an analysis of their adequacy. The report
shall contain the Mayor’s observations on the
effectiveness of the organization of the several
departments and agencies of the City and any
recommendations for reorganization to increase
efficiency, effectiveness and economy of operation. The
report shall also contain a summary of the financial
conditions of the city.
.5 The Mayor shall be responsible for the development
and preparation of the budget.
.6 The Mayor shall respond to any Internal Auditor report
on irregularities or erroneous accounting methods. Such
response shall be made in writing to the City Council
within 30 days of receipt and shall contain the Mayor’s
recommendations for the elimination or correction of the
indicated irregularities or errors.
.7 The Mayor shall be responsible for the management
of real property owned by the City in accord with Section
8-403 of this Charter.
.8 The Mayor shall make an annual report to the City
Council which shall itemize all the interests in real
property owned by the City. The report shall include the
status of all parcels and an analysis and
recommendation for the appropriate management and
use of each.
.9 The Mayor shall be responsible for reducing any
unlawful discrimination and increasing mutual
understanding among the residents of the community.
.10 The Mayor shall make an annual report on the status
of affirmative action programs of the City.
.11 The Mayor shall receive, investigate, and respond to
all requests for information and all complaints
concerning the operation of the City government in a
prompt and efficient manner.
.12 The Mayor may delegate any of the duties described
in Sections 4-102.5, 4102.7, 4-102.9 and 4-102.11 to
another officer of the city by filing notice of specific
delegation with the City Clerk.
Chapter 2. EXECUTIVE STAFF
4-201 Executive Assistant To The Mayor
.1 The Mayor shall have an Executive Assistant who
shall perform such duties and functions as may be
required by this Charter or directed by the Mayor for the
efficient operation of administrative services and
functions.
.2 The Mayor may direct the Executive Assistant to act
on behalf of the Mayor with other officers of the City for
the purpose of coordinating departments, the
development of the budget, communication with City
Council, and in carrying out the ordinances and policies
of the City.
.3 The Executive Assistant shall be appointed solely on
the basis of the person’s ability to exercise the powers
and perform the duties conferred upon the Executive
Assistant pursuant to this Charter, or which may be
assigned to the Executive Assistant by the Mayor. This
ability shall have been demonstrated by relevant
executive or administrative experiences in a federal,
state or municipal government or by equivalent
experiences in a field other than government.
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.4 The Executive Assistant shall be appointed by the
Mayor and shall serve at the pleasure of the Mayor.
Chapter 3 DEPARTMENTS
4-301 Organization Of Departments
.1 All departments, divisions of departments and
agencies of the City in existence on the effective date of
this Charter, whether created by the previous Charter or
by ordinance, shall continue as if created by ordinance
until changed in accordance with this Charter.
.2 The following agencies of the City shall have the
power and duties described in this Charter:
(A) Board of Water and Light (Sections 5-201 to 5-207)
(B) Finance Department (Section 4-302)
(C) Fire Department (Section 4-303)
(D) Law Department (Section 4-304)
(E) Parks and Recreation Department (Section 4-305)
(F) Planning Department (Section 4-306)
(G) Police Department (Section 4-307)
(H) Public Service Department (Section 4-308)
.3 Other agencies of the City previously established by
ordinance, or otherwise, shall continue in existence
subject to reorganization in accord with this charter.
These include:
(1) Air Pollution
(2) Building Inspection and Safety
(3) Central Garage
(4) City Market
(5) Civic Center
(6) Community Development
(7) Data Processing
(8) Emergency Services
(9) Housing Commission
(10) Housing and Redevelopment
(11) Human Relations
(12) Human Resources
(13) Municipal Parking System
(14) Personnel
(15) Program Coordinator
(16) Property Management
(17) Purchasing
(18) Safety
(19) Traffic
(20) Weights and Measures
.4 Except as otherwise provided by this Charter;
services, agencies and instrumentalities of the City shall
be organized as far as practicable according to their
major purpose and function in order to provide service
as efficiently, effectively and economically as possible.
.5 To the extent permitted by law, the City may, by
ordinance, establish, abolish and reorganize
departments, other than the Fire Department, Police
Department and the Board of Water and Light.
.6 The Fire Department and Police Department may be
assigned, by ordinance, additional duties compatible
with the general purposes of the departments. The
Board of Water and Light may be assigned added duties
by agreement between the Board and the City Council.
No agency of the executive branch shall have any
administrative authority over the Board of Water and
Light.
.7 The Mayor may prepare one or more executive
reorganizational plans which, consistent with law and
this Charter, provide for reorganization of one or more
agencies of the executive branch, and assign authorized
programs, services and activities to each agency. The
Mayor shall submit an initial reorganizational plan not
later than January 31, 1979. A reorganizational plan, as
proposed by the Mayor, shall be submitted to the City
Council and made public. The City Council shall study
and conduct public hearings on the plan and may
request the Mayor to make modifications in it. Ninety
days after the submission of a plan to the City Council,
the plan shall become effective and shall become
operational as stated in the plan, with such modifications
as are accepted by the Mayor, unless disapproved by a
resolution adopted by two-thirds of the City Council
members serving.
4-302 Finance Department
.1 The Director of Finance shall be the administrative
head of the Department of Finance and shall be
responsible to the Mayor for the provision of financial
services to the City in a manner consistent with the best
practices therefore.
.2 The Department of Finance shall be in charge of the
divisions of Accounting, Assessments, Budget
Management, Income Tax, and Treasury.
4-303 Fire Department
.1 The Fire Chief shall be the administrative head of the
Fire Department and shall be responsible to the Mayor
for the provision of its fire protection services, fire
prevention services and such other services as may be
assigned to it by the City. All services shall be rendered
to the city in a manner consistent with the best standards
and practices.
.2 The Fire Chief shall be appointed by the Mayor from
candidates recommended by the Board of Fire
Commissioners.
.3 The Mayor may suspend the Fire Chief and shall
notify the Board of Fire Commissioners of the reasons
for the suspension. The Board shall convene at the
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earliest opportunity after the suspension and shall
determine, by a majority of the Board serving, whether
the suspension shall continue. The Fire Chief may be
removed by the Mayor only with the concurrence of a
majority of the Board serving.
.4 Each member of the Fire Department shall, before
entering upon the duties of the office or employment,
take an oath of office similar to that required of other
officers of the City. A copy of the oath shall be
subscribed in the presence of the City Clerk and filed in
the office of the City Clerk.
.5 The Department shall maintain and operate such
ambulance, inhalator, and other life saving and
emergency services as the welfare of the inhabitants of
the City may require and as the Council may direct.
4-304 Law Department
.1 The City Attorney may be appointed by the Mayor and
confirmed by the City Council. The City Attorney shall be
the administrative head of the Department of Law and
shall be responsible to the Mayor and the City Council to
see that the legal affairs of the City are properly
managed.
.2 The City Attorney shall be the prosecutor for the
people of the City for all cases arising under this Charter
and ordinances of the City and, when authorized to do
so by law, cases arising under State law.
.3 The City Attorney shall advise the officers and
agencies of the City, in writing, on matters relating to
their official duties upon request,
.4 The City Attorney shall prepare or approve as to form,
all bonds, contracts, ordinances and other written
instruments in which the City is concerned.
.5 The City Attorney shall prosecute or defend all cases
in which the City is a party or has a legal interest, and
may upon request, and with City Council approval,
represent any officer or employee of the City in any
action or proceeding involving official duties.
.6 No board or officer shall employ or retain special
counsel in any matter relating to the affairs of the city
without first securing the approval of such employment
or retainer by the City Council. The City Council shall act
only after requesting the City Attorney’s written opinion.
.7 No civil litigation may be settled without the
recommendation of the City Attorney and the consent of
the City Council, except and to the extent that risks are
covered by insurance.
4-305 Parks And Recreation Department
.1 The Director of Parks and Recreation shall be the
administrative head of the Department of Parks and
Recreation and shall be responsible to the Mayor for the
provisions of parks, recreation and leisure services of
the City in a manner consistent with the best practices
therefore.
.2 The Department of Parks and Recreation shall be in
charge of those agencies and programs responsible for
cemetery services and facilities, forestry, parks, and
recreation.
4-306 Planning Department
.1 The Director of Planning shall be the administrative
head of the Department of Planning and shall be
responsible to the Mayor for the planning activities of the
City.
.2 Any agency with the knowledge of the Director of
Planning may undertake the study of any development
matter within the scope of its duties,
.3 The Department of Planning shall receive all reports
concerning development matters and other information,
which it requests.
.4 The director shall, with the head of any agency
involved, evaluate all reports and information received
by the department in the light of the policies, programs
and priorities of the adopted master plan.
.5 The director shall be responsible for providing the
Planning Board with staff and all information necessary
for the Board to carry out its assigned duties under
Sections 5-601 and 5-602 of this Charter.
.6 The department shall administer and enforce the
zoning ordinances of the City and prepare plans for the
City and its various departments when such plans
involve the character, location and extent of activities
and facilities which impact on the social, physical and
economic development of the City.
4-307 Police Department
.1 The Chief of Police shall be the administrative head of
the Police Department and shall be responsible to the
Mayor for the provision of Police service to the City.
.2 The Chief of Police shall be appointed by the Mayor in
consultation with the Board of Police Commissioners
and subject to confirmation by a majority of the members
of the Board of Police Commissioners serving.
.3 The Mayor may suspend the Chief of Police and shall
notify the Board of Police Commissioners of the reasons
for the suspension. The Board shall convene at the
earliest opportunity after the suspension and shall
determine, by a majority of the Board serving, whether
the suspension shall continue. The Chief of Police may
be removed by the Mayor only with the concurrence of a
majority of the Board serving.
.4 Each member of the Police Department shall, before
entering upon the duties of the office or employment,
take an oath of office similar to that required of other
officers of the City. A copy of the oath shall be
subscribed in the presence of the City Clerk and filed in
the office of the City Clerk.
.5 The police officers shall have and exercise all the
immunities, privileges and powers of peace officers
granted bylaw, for the preservation of quiet, good order
and for the safety of persons and property. They shall
possess and exercise the powers of arrest granted to
peace officers by law, and shall promptly take any
12
person who is arrested before the proper magistrate or
court to be dealt with according to law. Violations of City
ordinances shall be deemed to be misdemeanors for the
purpose of establishing the power of police officers in
making arrests.
4-308 Public Service Department
.1 The Director of Public Service shall be the
administrative head of the Department of Public Service
and shall be responsible to the Mayor for the
maintenance and operation of the public works and
service facilities of the City in a manner consistent with
the best practices therefore.
.2 The Department of Public Service shall be in charge
of those agencies and programs responsible for the
provision of construction, engineering, maintenance,
sewage and waste disposal services and facilities, and
traffic.
.3 Persons appointed to serve as Director of Public
Service and City Engineer shall be registered
Professional Engineers of the State of Michigan.
Chapter 4 - DEPARTMENT AND AGENCY HEADS
4-401 Heads Of Departments
.1 The City Council shall adopt ordinances setting forth
the qualifications for each head of a department, division
or agency to be appointed by the Mayor. Such
ordinances shall be adopted before any person may be
considered for the position and no later than 30 days
after the creation of a position. No amendment of an
ordinance on qualifications shall affect the status of any
person holding office at the time consideration of the
amendment is commenced.
.2 Unless otherwise stated in this Charter, the Mayor
shall appoint a qualified person as head of each City
department.
.3 The head of each department may also serve as a
head of an agency or division.
.4 The head of each department of the City shall be
responsible to the Mayor for the administration of the
department and shall, under direction of the Mayor,
implement the policies, including affirmative action, as
expressed in the ordinances and resolutions of the City
Council.
.5 Unless otherwise stated in this Charter, every person
appointed by the Mayor to an indefinite term may be
suspended or removed by the Mayor. The Mayor shall
file a notice of every suspension or removal with the City
Clerk for delivery to the City Council. If the City Council
determines by a vote of two-thirds of Council members
serving within 30 days of the notice of its receipt of
suspension or removal that the action was not in the
best interest of the City, the person may, in the
discretion of the City Council, be reinstated to office
without loss of compensation.
4-402 Heads Of Agencies
.1 The head of an agency or division may also serve as
the head of a department.
.2 The head of each agency or division within a
department shall be appointed by the department head
unless this Charter or an ordinance provides for
appointment by the Mayor.
.3 Whenever an agency or division head is appointed by
the Mayor, the appointment shall be subject to the
provisions of Section 4-401 of this Charter.
.4 Notwithstanding the provisions of any ordinance, the
Mayor shall appoint the Treasurer, the Assessor, and the
Chief Personnel officer.
Chapter 5. CLERK
4-501 City Clerk.
.1 The City Clerk shall be the administrative head of the
Office of the City Clerk and shall be responsible to the
people of the City of Lansing for the proper maintenance
of the records of the City and for the orderly conduct of
elections.
.2 The City Clerk shall be the Clerk of the City Council
and shall keep a printed journal in the English language
of its proceedings. The City Clerk shall attend all
meetings of the City Council.
.3 The City Clerk shall be the custodian of all papers,
documents, surety bonds and records which pertain to
the City, the custody of which is not otherwise provided.
.4 The signature of the City Clerk shall be the official
certification for all ordinances, resolutions and other
actions by the Council.
.5 The City Clerk shall make the records of the City,
including all Council actions, available to the public
during regular business hours.
.6 The City Clerk shall have custody of the City Seal and
shall affix it to all documents requiring the seal and shall
attest the documents and instruments.
.7 The City Clerk shall have the power to administer any
oath required for municipal purposes by law.
8 The office of the City Clerk shall have a supply of
forms required to be filed with the City for any purpose
either by the provisions of this Charter, by ordinance or
by law.
.9 The City Clerk shall be the chief elections officer of
the City.
4-502 Chief Deputy City Clerk
The City Clerk shall designate one member of the office
of the City Clerk to be the Chief Deputy City Clerk who
shall retain that designation at the pleasure of the City
Clerk.
In the absence or disability of the City Clerk, or while the
position is vacant pending action by the City Council, the
Chief Deputy City Clerk shall exercise all powers and
perform all of the duties of the City Clerk to the full extent
permitted by law.
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ARTICLE 5 – BOARDS AND COMMISSIONS
Chapter 1. GENERAL PROVISIONS FOR BOARDS
5-101 Citizen Involvement In Government
.1 The people of the City of Lansing have placed the
basic responsibility for the management of this City in
their elected officials. This Charter recognizes the
important role that individual citizens play in reviewing
and evaluating the needs of the City through the
structure of boards and commissions. For this reason,
boards, commissions and advisory committees shall be
encouraged by the City of Lansing.
.2 Citizen involvement for the operation of the City shall
be provided through three types of boards: an
administrative board, review boards and advisory
boards.
5-102 Types Of Boards
.1 The Board of Water and Light is an administrative
board and has been delegated executive and
policymaking responsibilities necessary to the proper
operation of the agency.
.2 Review boards include those boards, which are not
administrative or advisory and whose recommendations
or decisions have legal significance. Examples of review
boards are the Planning Board, the Board of Review and
the Board of Zoning Appeals. The City may create
review boards by ordinance.
.3 Advisory boards include boards, commissions and
committees established by ordinance or this Charter and
composed of citizens sharing the common goal of
improving the general welfare through their advice and
assistance to the elected and appointed full time City
officials.
.4 The Board of Fire Commissioners and the Board of
Police Commissioners shall act as advisory boards with
the additional responsibilities described in this Charter.
.5 All other boards shall be advisory boards.
.6 The provisions of this Chapter shall not apply to the
boards established for the purpose of managing
employee retirement systems.
5-103 Appointment Of Board Members
.1 Every member of a board, commission or committee
established by Charter or ordinance shall be an officer of
the City and shall possess the qualifications required by
this Charter for holding office.
.2 Except as otherwise specifically provided in this
Charter or State law, the Mayor shall appoint persons to
all such boards, commissions and committees with the
advice and consent of the Council. No such appointment
shall be effective until the Council has confirmed it.
.3 The terms of the boards established in this Charter or
by ordinance shall be four years commencing July 1,
unless otherwise provided.
.4 The City Clerk shall report to the Mayor and Council,
prior to the first Council meeting in March, a list of the
terms on City Boards which shall end on June 30.
.5 The Mayor shall establish and make public a
procedure, which will provide for receiving either
applications or recommendations of individuals for
membership on City boards, commissions or
committees.
.6 The Mayor shall file a list of appointments to the
several boards prior to the first Council meeting in May
of each year and the Council shall act on each
appointment at or prior to its first meeting in June.
.7 Appointments to fill vacancies shall be made upon the
occurrence of the vacancy and each person so
appointed shall take office immediately upon the
confirmation of the Council to serve for the remainder of
the unexpired term. In the event a vacancy is not filled
within 60 days after the occurrence of the vacancy, the
Council shall appoint a committee of three of its
members to act instead of the Mayor in the making of
such appointments.
.8 Each Board established by this Charter shall be
composed of eight members. Four members shall be
from the City at-large and one member shall be
appointed from each of the four wards of the City in the
following pattern:
(a) The First ward member shall have a term expiring in
1981 and every four years thereafter.
(b) The Second ward member shall have a term expiring
in 1982 and every four years thereafter.
(c) The Third ward member shall have a term expiring in
1979 and every four years thereafter.
(d) The Fourth ward member shall have a term expiring
in 1980 and every four years thereafter.
.9 The members from the City at-large shall be
appointed to staggered terms, at least one of which shall
expire each year.
.10 Appointments to each board, commission and
committee shall be made with regard to the diversity of
Lansing citizens, their variety of interests and the
experience and expertise that each can contribute to the
common good of the City.
.11 An ordinance creating a board, commission or
committee may set forth a different size for the body or a
different length of term for the members than required in
this section if the Council finds that the change is
appropriate.
5-104 Ineligibility For Boards
No person holding another City office or activity
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
.1 Each board shall organize itself for the conduct of its
business and select its own officers including a
Secretary who shall take the minutes of the board
meetings.
.2 Each board shall adopt its own rules of procedure
consistent with this Charter.
.3 The rules shall state the schedule of the regular board
meetings. The schedule shall not conflict with regular
meetings of the City Council.
.4 The rules shall require that public notice of all
meetings shall be given in the manner provided by
statute for meetings of public bodies.
.5 The rules shall require that the public have a
reasonable opportunity to be heard at all regular
meetings of the board.
.6 All board meetings shall be required to be open to the
public to the same extent as meetings of the City
Council.
.7 The rules shall define the extent to which
nonattendance at meetings may be grounds for removal
from office.
.8 All rules of procedure shall be submitted to the City
Attorney for approval as to form. The rules shall then be
submitted to the City Clerk for transmission to the City
Council. The rules shall be effective at the conclusion of
the Council meetings at which they are received unless
the Council directs otherwise.
.9 The Council may object to the rules in whole or in part
and may return them to the board proposing their
adoption with a statement of its objections and
recommendations.
.10 The minutes of all board meetings; shall be filed in
the office of the Clerk as a public record. No official
action taken by any board at any meeting shall be valid
or effective until a copy of the minutes at which the
action was taken is filed with the Clerk.
.11 Members of advisory boards shall serve without
compensation, but the City Council may authorize the
payment of the actual and necessary expenses of board
members.
5-106 Advisory Board Functions
.1 Each advisory Board shall at its regular meetings
review the progress and planning of the head of the
agency it serves to insure that all activities are in
accordance with City policy. Each board may propose
changes in agency operations for the purpose of making
its program more effective.
.2 Proposed policies and programs or changes in
existing policies or programs requiring Council action
shall be submitted by an agency head to the appropriate
advisory board prior to submission to the Mayor and
Council for action. The advisory board’s written
recommendations concerning the proposals shall be
submitted to the Mayor along with the agency’s
proposal. When the Mayor submits the proposal to the
Council for action, the board’s recommendations shall
also be transmitted to the Council along with that of the
Mayor.
.3 An agency’s budget material, including capital
improvement proposals, shall be submitted to the
advisory board before submission to the Mayor and the
board’s written recommendations shall be submitted to
the Mayor along with the agency’s recommendations.
The Mayor shall transmit the board’s recommendations
to the Council along with budget material for that
agency.
.4 Each advisory board shall, prior to December 1,
prepare a written report evaluating the effectiveness and
analyzing the status and priorities for services and
activities of the agency it advises. Copies thereof shall
be filed with the Mayor, the Council and the Clerk.
.5 Each advisory board may develop its own proposals
for new or altered policies and programs and transmit
these to the Mayor and City Council.
.6 Each City officer who directs an agency or activity
within the scope of an advisory board shall attend all of
its meetings and supply necessary secretarial services.
5-107 Continuation Of Existing Boards
.1 All City Boards not established in this Charter and
existing on the effective date of this Charter, whether
established in the previous Charter or created by
ordinance or resolution, shall continue as if created
under ordinance with the status provided in this Charter.
.2 The terms of all persons serving on boards on the
effective date of this Charter shall continue in
accordance with law.
5-108 Limitation On Powers Of Boards
.1 The Board of Water and Light shall exercise
administrative, executive and policy-making authority
over the operation of those City utility services assigned
to it in accordance with the provisions of this Charter.
.2 No other board, commission or committee shall
exercise any administrative, appointive or policy making
authority except as permitted by this Charter or required
by State law.
Chapter 2. BOARD OF WATER AND LIGHT
5-201 Board Of Water And Light
The Board of Water and Light, hereinafter known as the
Board, shall have the full and exclusive management of
the water, heat, steam and electric services and such
additional utility services of the City of Lansing as may
be agreed upon by the Board and City Council. The
board shall be responsible to the Mayor and the City
Council for the provision of these services in a manner
consistent with the best practices.
5-202 Director, Internal Auditor, Secretary
.1 The Board shall appoint a Director who shall be
responsible to the Board for carrying out the duties
assigned by the Board and shall serve at its pleasure.
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.2 The Board shall appoint an Internal Auditor who shall
report directly to the Board. The Internal Auditor shall
serve at the pleasure of the Board.
.3 The Board shall appoint its own Secretary who shall
be responsible to the Board and shall serve at its
pleasure.
5-203 Powers Of The Board
.1 The Board shall make all contracts pertaining to the
conduct of the Board of Water and Light business and
shall have the authority to settle litigation involving the
Board of Water and Light.
.2 The Board shall have the power to acquire property,
both real and personal, and interests in property in the
name of the City for purposes of the Board of Water and
Light.
.3 The Board shall have the power to sell real property
and interests in real property not needed for the
operation of the Board of Water and Light, subject to the
approval of six City Council Members and subject to the
limitations on the sale of real property by the City
contained in this Charter.
.4 The Board shall adopt policies and procedures to
assure fairness in procuring personal property and
services and disposing of personal property. These
policies and procedures of the Board shall parallel the
policies and procedures adopted by the Council for the
purchase and sale of personal property and services
unless the Board makes a specific finding that a City
policy or procedure is not consistent with the best
practices for public utility operation.
.5 The Board shall prepare and adopt its annual budget
by June I of each year, and implement it with whatever
modifications the Board may adopt from time to time.
The budget and any amendments shall be filed with the
City Clerk within 10 days after adoption.
.6 The Board shall submit to the Mayor, prior to October
1 of each year, its capital improvements plan for the next
six years pursuant to Section 7-109.
.7 In the best interest of the City, the Board and other
agencies of the City are encouraged to cooperate on
projects deemed to be beneficial and to utilize each
other’s services.
.8 The Board of Water and Light may utilize the streets,
alleys, bridges and other public places of the City for the
furnishing of public utility services. In the exercise of this
right, the Board of Water and Light shall furnish timely
information about proposed uses to the officials of the
City and to the agencies which will be most directly
affected by the use.
.9 The Board may conduct whatever audits of the
activities it deems appropriate and shall compensate the
City for the cost of that portion of the annual audit of the
City which covers the Board of Water and Light.
.10 The Board may provide for the pensioning of any
employee of the Board of Water and Light or the
surviving spouse or dependent of any deceased
employee.
.11 The Board, except as otherwise provided in this
Charter, shall be responsible for and have authority over
the compensation, benefits, bonding, conditions of
employment, and labor management activities for all
employees of the Board of Water and Light.
5-204 Withdrawal Of Funds
.1 The funds and revenues of the Board of Water and
Light shall be deposited in the City Treasury and shall be
credited only to the funds and accounts of the Board of
Water and Light. They shall not be withdrawn or used for
any other purpose whatsoever. The Board shall have
and exercise full control over all of the funds of the
Board of Water and Light in the City Treasury.
.2 All warrants drawn for the payment of money under
the authority of the Board shall be signed by the
Secretary of the Board and countersigned by the City
Controller.
.3 Whenever warrants are issued and there is no money
for the payment of the warrant, the City Treasurer shall,
upon presentation of the, warrant, stamp the date of
presentation on the face of the warrant, together with a
statement that the warrant will bear interest thereafter at
the rate of 6 percent per year. The interest shall cease
after notice has been given to the holder, in the manner
determined by the Board, that there is sufficient money
of the Board of Water and Light on hand to pay the
warrant with interest. Warrants of the Board of Water
and Light are not general obligations of the City.
.4 The Council may provide by ordinance procedures for
the disbursement of monies of the Board of Water and
Light by check issued by the Secretary of the Board in
accordance with the ordinance.
5-205 Rates
.1 The Board may fix just and reasonable rates and
other charges as it may deem advisable for services
furnished by the Board of Water and Light.
.2 The Board shall conduct a public hearing at least 30
days prior to the effective date of any changes in rate
structure. At least 45 days before the public hearing, the
Board shall file with the City Clerk a statement explaining
the new rates and charges together with a notice of the
public hearing. Notice to the public shall be given in the
same manner as is required for proposed ordinances.
5-206 Collection And Hearing Procedure
.1 Upon the request of the Board, the City Council shall
provide by ordinance for the collection of unpaid charges
for public utility services furnished by the Board of Water
and Light and for the imposition and enforcement of liens
upon property served by the Board of Water and Light.
.2 When any person fails or refuses to pay any sums
due on utility bills, the service upon which the
delinquency exists may be discontinued and suit may be
brought for the collection of the money owed.
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.3 The Board shall establish a procedure for the
resolution of disputes between the Board of Water and
Light and any of its customers concerning services or
billing for services furnished in accordance with filed
rates, rules and regulations, and established Board
policies and procedures. The procedure shall
incorporate the designation of an independent hearing
officer. The hearing officer shall report to the Board and
the Mayor the results of each hearing conducted and
shall make recommendations to the Board on any
hearing, which has not been resolved. The Mayor may
make recommendations to the Board on each
unresolved hearing. The Board shall report its final
action on any unresolved dispute, together with the
hearing officer’s report and recommendations to the
Mayor and the City Council.
5-207 Sale Or Exchange Of Facilities
The Board shall not, unless approved by the affirmative
vote of three - fifths of the electors voting thereon at a
regular or special City election, sell, exchange, lease, or
in any way dispose of any property, easement,
equipment, privilege, or asset needed to continue the
operation of the Board of Water and Light. The
restrictions of this section shall not apply to the sale or
exchange of articles of machinery or equipment of the
Board of Water and Light, which are no longer useful or
which are replaced by new machinery for the operation
of the Board of Water and Light, or to the exchange of
property or easements for other needed property or
easements.
Chapter 3. BOARD OF POLICE COMMISSIONERS
5-301 Duties
.1 The Board of Police Commissioners, hereinafter
known as the Board, is established pursuant to Article 5,
Chapter I of this Charter and shall have all the powers,
duties and responsibilities of advisory boards in addition
to the following duties:
.2 The Board shall establish administrative rules for the
organization and overall administration of the
department including promotional and training
procedures in consultation with the Chief of Police and
Mayor. These administrative rules shall not be
effectuated in accordance with Section 5-105. 8 of this
Charter but shall become effective upon filing with the
City Clerk.
.3 The Board shall approve rules and regulations for the
conduct of the members of the Department, in
consultation with the Chief of Police and the Mayor.
.4 The Board in their rules shall establish a procedure for
receiving and resolving any complaint concerning the
operation of the department.
.5 The Board shall review and approve the departmental
budget before its submission to the Mayor.
.6 The Board shall act as the final authority of the City in
imposing or reviewing discipline of the department
employees consistent with the terms of State law and
applicable collective bargaining contracts.
.7 The Board shall render an annual report to the Mayor
and City Council, which shall include a description and
evaluation of the department’s activities during the
previous year, including the handling of crime and
complaints, if any, and proposals for future plans.
5-302 Investigatory Power
Whenever necessary to carry out its assigned duties, the
Board of Police Commissioners shall have the same
power to subpoena witnesses, administer oaths and
require the production of evidence as the City Council.
Chapter 4. BOARD OF FIRE COMMISSIONERS
5-401 Duties
.1 The Board of Fire Commissioners, hereinafter known
as the Board, is established pursuant to Article 5,
Chapter 1, of this Charter and shall have all the powers
duties and responsibilities of advisory boards in addition
to the following duties.
.2 The board shall establish administrative rules for the
organization and overall administration of the
Department, in consultation with the Chief of the Fire
Department and the Mayor. These administrative rules
shall not be effectuated in accordance with Section
5105.8 of this Charter but shall become effective upon
the filing with the City Clerk.
.3 The Board shall approve rules and regulations for the
conduct of the members of the Department, in
consultation with the Chief of the Fire Department and
the Mayor.
.4 The Board, in their rules, shall establish a procedure
for receiving and resolving any complaint concerning the
operation of the department.
.5 The Board shall review and approve the departmental
budget before its submission to the Mayor.
.6 The Board shall act as final authority of the City in
imposing or reviewing discipline of the department
employees consistent with the terms of the State law
and applicable collective bargaining contracts.
.7 The Board shall render an annual report to the Mayor
and City Council, which shall include a description and
evaluation of the department’s activities during the
previous year, including the handling of complaints, if
any, and proposals for future plans.
CHAPTER 5. BOARD OF ETHICS
5-501 Standards Of Conduct
.1 The people of this City recognize that the continuation
of the proper operation of the City requires that public
officers and employees be independent, impartial and
responsible to the people; that decisions and policy be
made in the proper channels of governmental structure;
that members of the public have access to information
upon which decisions affecting their City are made; that
public office and employment not be used for personal
gain; that the integrity and operation of City government
to be subject to scrutiny of the public; and that acts or
17
actions not compatible with the best interests of the City
be defined and prohibited.
.2 In order to provide an orderly procedure for
consideration and review of the issues, which may arise
concerning questions of standards of conduct for public
officers and employees, a Board of Ethics is created.
5-502 Membership
.1 The Board of Ethics shall be a review board and shall
consist of eight members; four members shall be
appointed by the City Council, one from each city ward,
and four shall be appointed by the Mayor. The City
Attorney shall assist and advise the Board and the City
Clerk shall serve as Recording Secretary to the Board
and provide such administrative services to the Board as
may be necessary; however, neither shall be eligible for
appointment as board members.
.2 Of the members appointed to the initial Board, the
Mayor and the City Council shall each appoint members
for a one-year, a two-year, a three year, and a four-year
term. A member shall hold office until a member’s
successor is appointed. Thereafter each Mayoral-
appointed member and each Council-appointed member
shall serve for a term of four years. An appointment to fill
a vacancy shall be made by the Mayor to fill a vacant
Mayoral appointed member position and by the City
Council to fill a vacant Council-appointed member
position. Persons serving as members of the Board of
Ethics on the effective date of this section shall continue
as members until the expiration of their original terms.
.3 Members of the Board of Ethics shall be residents of
the City and shall hold no elected public office and no
other City office or employment.
.4 The Board shall adopt rules governing its procedure
and the holding of regular meetings, subject to the
approval of City Council. Special meetings may be held
when called in the manner provided in the rules of the
Board. The Board shall select its own presiding officer
from among its members.
.5 If any issue before the Board involves any member of
the Board, such member may not participate in Board
deliberations pertaining to the member’s issue nor shall
such involved member be eligible to vote on any actions
concerning the issue.
.6 All City employees and elected or appointed officials
of the City shall cooperate with any investigations by the
Board; such cooperation shall include the compilation
and production of any information requested by the
Board during an investigation unless the information
requested is exempt from disclosure under the
applicable state law.
.7 If any issue before the Board involves the office of the
City Attorney, the Board may engage the services of
outside counsel upon terms and arrangements approved
by City Council.
5-503 Duties
.1 At the request of a person, the Board of Ethics may
render an informal opinion with respect to the
prospective conduct of such person. An informal opinion
need not be written and may be provided directly to the
requestor of such opinion. All written opinions of the
Board of Ethics shall be filed with the City Clerk and are
open to public inspection. Written informal opinions shall
be drafted in such a way as not to reveal information
exempt from public disclosure under the applicable state
law.
.2 The Board of Ethics on its own initiative or upon
request may render and publish a formal opinion on any
matter within the scope of the Board’s authority which it
may deem appropriate.
.3 The Board of Ethics does not have the authority to
reverse or modify a prior action of the Mayor, City
Council, or an officer or employee of the City. If the
Board finds a prior action of the Mayor, Council, officer,
or employee to have been ethically improper, the Board
may advise the appropriate party or parties that the
action should be reconsidered. Upon such advice by the
Board, the action shall be reconsidered by the
appropriate person or public body. If the Board
determines an existing City contract to be ethically
improper, after such determination and advice from the
Board the City may void or seek termination of the
contract if legally permissible. The Board may refer a
matter to the City Attorney for review and consideration
for appropriate action. Upon completion of review and
consideration, the City Attorney shall report its findings
to the Board.
.4 The Board of Ethics may recommend to the Council
standards of conduct for officers and employees of the
City and changes in the procedures related to the
administration and enforcement of those standards.
.5 The Board of Ethics shall review, at least annually,
any documents required to be filed under ordinances
adopted by the City for the purpose of establishing
standards of conduct for officers and employees.
.6 The Board, when it deems it appropriate, may request
the City Attorney’s Office for assistance in compelling
the production of documents and witnesses to assist the
Board in the conduct of any investigation.
.7 Within one year from the effective date of this section
the City shall provide an ethics manual for the use of all
City officers and employees. Such manual shall first be
approved by the Board of Ethics before distribution.
Each City officer and employee shall acknowledge
receipt of said manual.
.8 Proceedings before the Board are subject to the
applicable state law regarding the conduct of public
meetings. Records of the Board shall be filed with the
City Clerk and are available for public review as required
by state law.
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5-504 Protection Of Public Interest
.1 The City shall adopt, by ordinance, such standards for
the conduct of public affairs as may be deemed
necessary to protect the public, including the ordinances
referred to in this section.
.2 The City shall adopt, by ordinance, no later than one
year after the effective date of this section, restrictions
similar to those enacted by the State of Michigan by
statute, prescribing standards of conduct for City officers
and employees. To the extent permitted by law, the
ordinance shall generally include, but not be limited to,
prohibiting the use of City office or employment for the
private benefit of any person; prohibiting the divulging of
confidential information in advance of the time
prescribed for its authorized release to the public;
prohibiting the use of City personnel resources for
private gain; prohibiting the profit from an official position
and acceptance of things of value by City officers or
employees; requiring the financial disclosure by City
officers and employees; and requiring lobbyist disclosure
for all City officers and employees.
.3 Any violations of ordinances dealing with matters in
this section shall be punishable to the maximum extent
permitted by law and may be made punishable by
forfeiture of office or position.
5-505 Conflict Of Interest
.1 At least ten (10) days prior to the first of any of the
events set forth in (A), (B), (C), (D), and (E) below, a City
officer or employee who may derive any income or
benefit, directly or indirectly, from a contract with the City
or from any City action, shall file an affidavit with the City
Clerk detailing such income and benefit to be derived:
(A) The bidding of the contract;
(B) The negotiation of the contract;
(C) The solicitation of the contract;
(D) The entry into the contract;
(E) Any City action by which the City officer or employee
may derive any income or benefit, directly or indirectly.
The above provisions shall not apply to individual or
collective bargaining agreements pursuant to which a
City officer or employee directly or indirectly receives
income or benefits in the form of official remuneration as
an officer or employee, or any City action pursuant to
which a City officer or employee directly or indirectly
receives income or benefit as a member of the public at
large or any class thereof. At the first regularly
scheduled City Council meeting following the filing of an
affidavit pursuant to this section, the City Clerk shall
notify the City Council of such filing. In particular cases
and for good cause shown, the Board may waive the ten
(10) day prior notice requirement contained herein.
.2 An officer or employee who has any other conflict
between a personal interest and the public interest as
defined by State law, this Charter, or ordinance shall
fully disclose to the City Attorney the nature of the
conflict.
.3 Except as provided by law, no elective officer,
appointee or employee of the City may participate in,
vote upon or act upon any matter if a conflict exists.
Chapter 6. PLANNING BOARD
5-601 Planning Board
.1 There shall be a Planning Board.
.2 The members of the Planning Board shall be
appointed and confirmed in the manner set forth in
Section 5-103 of this Charter.
.3 In addition to the regular members of the Planning
Board, the City Council shall nominate and appoint two
Council members who shall serve as ex-officio members
of the Board, without a vote, for a one-year term
commencing on July 1 of each year.
5-602 Powers And Duties
.1 The Planning Board shall have all of the powers and
duties granted to municipal planning commissions by
statute and all the powers and duties of advisory boards
provided by this Charter, together with such additional
powers and duties as may be provided by this Charter or
ordinance.
.2 The Planning Board is entitled to assistance from the
staff of the Planning Department in evaluating or
preparing any proposal relating to planning or
development. All elective and appointive officers shall
furnish to the Planning Board, within a reasonable time,
available information required by the Planning Board.
.3 The Planning Board shall review and make
recommendations on the Planning Department draft of
the Capitol Improvement Plan prior to its submission to
the Mayor and Council.
.4 The Board shall develop and maintain a master plan
for the orderly development of the City. The plan shall
include the consideration of the impact of social,
physical, and economic factors.
ARTICLE 6 – CITY EMPLOYEES
Chapter 1. MERIT SYSTEM
6-101 Personnel Merit System
.1 The City shall, by ordinance, establish a personnel
merit system that meets the social, economic and
program needs of the City of Lansing.
.2 The personnel merit system ordinance shall provide
procedures to recruit, select, develop and maintain an
effective work force.
6-102 Administration Of Personnel Merit System
.1 The Personnel Merit System shall not cover any
employees of the Board of Water and Light, or
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appointees of the Mayor, the City Council and the
Internal Auditor.
.2 The chief personnel officer shall determine by
competitive examination, exclusively on the basis of
merit, efficiency and ability, the qualifications of all
candidates for positions within the Personnel Merit
System; make, promulgate and distribute rules and
regulations covering all personnel transactions; and
administer all conditions of employment within the
Personnel Merit System.
.3 All persons hired by the City. other than those stated
in .1 of the section shall be processed through the office
of personnel and the chief personnel officer shall
evaluate the level of competency of each candidate
against standards established prior to the evaluation.
Chapter 2. LABOR RELATIONS
6-201 Labor Management Activities
.1 The Mayor shall have the overall responsibility for all
of the labor relations of the City.
.2 The Mayor shall designate the chief labor negotiator
for the City with the advice and consent of the City
Council. The chief labor negotiator shall serve at the
pleasure of the Mayor and shall have charge of the role
of the City in collective bargaining contract negotiations.
.3 Collective bargaining contracts shall become effective
when ratified by the City Council in accord with State
law.
.4 The chief personnel officer shall be responsible for the
implementation of collective bargaining contracts.
Chapter 3. PROHIBITION AGAINST DISCRIMINATION
6-301 Non-Discrimination
No City employee or applicant for employment shall be
discriminated against because of race, religion, national
origin, age, political orientation, marital status, sex,
handicap, or for any cause not reasonably related to the
accomplishment of a legitimate governmental purpose.
The City shall take affirmative action for the recruitment
and advancement of members of groups under
represented on any level of City employment as
compared to the minority and sex composition of the
City.
ARTICLE 7 – TAXATION AND FINANCE
Chapter 1. BUDGET
7-101 Submission Of Budget
On or before the fourth Monday in March of each year,
the Mayor shall submit to the City Council a proposal for
the annual estimate of all City revenues and annual
appropriation of expenditures for all City agencies except
the Board of Water and Light, for the next fiscal year
beginning on July first.
7-102 Council Budget Priorities
The City Council shall adopt a statement of City-wide
budget Policies and priorities each year and shall
transmit it to the Mayor no later thin October 1.
7-103 Budget Message
.1 The Mayor shall submit with the Budget a message
containing the necessary information for understanding
the budget.
.2 The message shall explain how the proposal
addresses the priorities proposed by the City Council
.3 The budget message shall contain detailed estimates
with supporting explanations of proposed expenditures
of each agency of the City except the Board of Water
and Light. All such estimates ,shall show the actual
appropriations and expenditures for corresponding items
for the last preceding fiscal year, in full, and
appropriations for the current fiscal year together with
the expenditures for the current fiscal year to January 1
and estimated expenditures for the balance of the
current fiscal year.
.4 The budget message shall state the bonded and other
indebtedness of the City, showing the bond redemption
and interest requirements of the debt authorized and
unissued, and the condition of the sinking funds if any.
.5 The budget message shall contain detailed estimates
of all anticipated revenues of the City from sources other
than taxes with a comparative statement of the amounts
estimated for and actually received from each of the
same or similar sources for the last preceding fiscal
year, in full, for the current fiscal year to January 1, and
estimated revenues for the balance of the current fiscal
year.
.6 The budget message shall state the estimated
accumulated cash and unencumbered balance, or
deficits, at the end of the current fiscal year.
.7 The budget message shall contain an estimate of the
amount of money to be raised from current and
delinquent taxes and the amount to be raised from bond
issues, which together with available unappropriated
surplus and revenues, from other sources, will be
necessary to meet the proposed expenditures.
7-104 Budget Hearing
.1 The budget of the Mayor, together with all supporting
schedules, information and messages, shall be a public
record and shall be reviewed by the Council as a
committee of the whole.
.2 A public hearing on the annual appropriations shall be
held in the manner provided by law and at such
additional times as the Council shall direct.
7-105 Adoption Of Budget Resolution
.1 Not later than the third Monday in May of each year,
the Council shall, by resolution, adopt a budget for the
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ensuing fiscal year and make an appropriation of the
money needed therefore.
.2 The resolution shall designate the sum to be raised by
taxation for the general purpose of the City and for the
payments of principal and interest on its indebtedness.
The adoption of the budget resolution shall constitute
appropriations of the amounts specified from the funds
indicated and a levy for the property tax specified.
7-106 Item Veto
.1 The Mayor may veto any item which has the effect of
appropriating money contained in any action of the City
Council.
.2 The veto procedure in Section 3-305 of this Charter
shall control when an item veto has been exercised.
7-107 Effect Of Appropriation
.1 No money shall be drawn from the Treasury of the
City except in accordance with an appropriation for that
purpose or except as provided in this section.
.2 This section does not apply to funds in the account of
the Board of Water and Light.
.3 Whenever an agency of the City reports to the
Finance Director that the funds appropriated for a
particular purpose will be exhausted before the close of
the fiscal year, and the agency has an unencumbered
appropriation balance, the Mayor may authorize
additional spending for that purpose within the total
appropriation for the agency, but the additional
expenditure may not exceed 15 percent of the Council’s
appropriation being added to or $5,000.00, whichever is
less. The Finance Director shall report the transfer to the
City Clerk for transmission to the City Council at the next
regular meeting of the City Council.
.4 The appropriation of money for any purpose does not
constitute a mandate to spend the money. Each
remaining unencumbered appropriation balance at the
end of each fiscal year shall revert to the general fund.
7-108 Supplemental Appropriations
.1 At any time during the fiscal year, the City Council
may consider appropriations which modify the previously
adopted annual appropriation to:
(a) transfer an unencumbered balance in whole or in part
from any account or;
(b) provide for the expenditures of revenues in excess of
those in the budget or;
(c) meet a public emergency affecting life, health,
property or the public peace, which may require
emergency appropriations as provided by law.
.2 Supplemental appropriations shall be adopted by the
affirmative vote of two-thirds of the Council members
serving and the Finance Director shall give notice of
such appropriations to all affected agencies within one
week after Council action.
7-109 Capital Improvements Plan
.1 The Capital Improvements Plan shall be prepared by
the Planning Department in accordance with applicable
State law.
.2 The Mayor shall prepare within four months and the
City Council shall adopt within six months of the effective
date of this Charter, an ordinance that specifies a
detailed planning and budgeting process for the Capital
Improvements Plan.
.3 The Planning Board through the Planning Department
and other City departments, agencies and boards shall
annually review and submit to the Mayor and City
Council a Capital Improvements Plan for the ensuing six
years.
.4 The City Council shall conduct a Public Hearing on
the Capital Improvements Plan concurrent with the
Public Hearing on the Annual City Budget.
7-110 Control Of Expenditures
During the months of October, January and April in each
fiscal year, the Director of Finance shall submit to the
Mayor and City Council data showing the relationship
between the estimated and actual revenues and
expenditures to date. If it shall appear that the revenues
are less than anticipated, the City Council may, by
resolution, reduce appropriations, except amounts
required for debts and interest charges, to such a degree
as may be necessary to keep expenditures within the
revenues.
7-111 Uniform System Of Accounts
The system of accounts of the City shall conform to such
uniform system as may be required by law.
Chapter 2. TAXATION
7-201 Power To Tax; Tax Limit
.1 The City shall have the power to assess taxes and to
levy and collect rents, tolls and excises. The annual
general ad valorem tax levy for municipal purposes shall
not exceed 2 percent of the assessed value of all real
and personal property in the City.
.2 Within three days after the Council has made the
appropriations for the ensuing year, the Clerk shall
certify to the Assessor the total amount which the
Council determines shall be raised by general ad
valorem tax.
7-202 Subjects Of Taxation
.1 The subjects of ad valorem taxation for municipal
purposes shall be the same as for the state, county, and
school purposes under the general law.
7-203 Exemptions
The power of taxation shall never be surrendered or
suspended by any grant or contract to which the City
shall be a party. No exemptions from taxation shall be
allowed, except such as are expressly required or
permitted by State Law.
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7-204 Duties Of The City Assessor
.1 The City Assessor shall assess all real and personal
property in the City of Lansing in the manner provided by
State law.
.2 The Assessor shall prepare and certify the current
assessment roll to the Board of Review on or before the
date provided by ordinance.
.3 The Assessor shall prepare and extend all tax rolls
and deliver them to the Treasurer on or before the date
provided by ordinance and in the manner provided by
State law.
.4 At least one week prior to the Assessor’s certification
of the assessment roll, the Assessor shall complete a
tentative assessment roll for public inspection and give
notice to the owner as shown on the assessment roll, by
first class mail, of any changes in the assessed value of
any property as compared with the previous year or the
addition of any property to the roll. The notice shall
advise the property owner that the change in valuation or
addition of property may be discussed at the office of the
Assessor prior to the meeting of the Board of Review.
The failure to give notice shall not invalidate any
assessment roll or assessment thereon.
.5 The Assessor may change the assessment roll during
the period of public inspection before certification but
only as a result of information obtained after completion
of the tentative roll as a result of an inquiry or otherwise.
.6 Notice of the time and place of the meetings of the
Board of Review shall be published by the Assessor not
less than one week prior to the first meeting thereof.
7-205 Board Of Review
.1 A Board of Review for property tax assessment is
created.
.2 The Mayor shall appoint, subject to Council
confirmation, five members serving staggered terms of
three years each. In order to increase the membership of
the Board of Review created under the previous Charter
to five public members, one member shall I be appointed
to a term of at least two years expiring July 1, 1981, and
one member shall be appointed to a term of at least one
year expiring on July 1, 1980. Public members serving
terms of three years at the time of the adoption of this
Charter shall continue until the expiration of their term.
.3 The members of the Board of Review shall be
appointed on the basis of their knowledge and
experience in property valuation.
.4 No member of the Board of Review shall hold any
other public office or public employment in any local unit
of government supported by Lansing property taxes in
whole or in part. All members of the Board of Review
shall be residents of the City.
.5 Unless otherwise provided by ordinance, the Board of
Review shall convene on the second Monday in March
and sit for at least five calendar days.
.6 The Board of Review shall have such powers and
duties as may be provided by law. The Board of Review
shall adopt rules for its Conduct of business.
.7 The Board of Review shall adopt rules for its conduct
of business.
7-206 Taxes Become Lien
.1 City property taxes shall become a debt due by the
persons liable for them on the tax day as provided by
State law. The debt shall become payable and a lien
upon the property on July 1 next following, or as
provided by State law.
.2 All personal taxes shall be a first lien, prior, superior,
and paramount on all personal property of such persons
as assessed. Such lien shall take precedence over all
other claims, encumbrances, and liens, to the extent
provided by statute, and shall continue until such taxes,
interest, and charges are paid.
.3 Personal Tax Lien and due dates may be accelerated
by Jeopardy Assessment, as provided by State law.
7-207 State, City, County, School And Community
College Taxes
State, city, county, school and community college taxes
shall be levied, collected and returned, as provided by
ordinance, in conformity with State law.
7-208 Collection Of Taxes
.1 The Council shall provide, by ordinance, for the
method of payment of taxes and charges and for fees,
penalties, and interest, or any of them, for the late
payment or non-payment of same.
.2 The ordinance herein required shall not be amended
in such manner or at such time as to change the
provisions thereof relative to any city tax collection
commencing on the first day of July in the calendar year
in which such ordinance is amended.
.3 There shall be no fee, penalty, or interest charged
during the first thirty-one days of the collection period,
and the total fees, penalties, and interest charged before
March 1 of the following year shall not exceed eight
percent of such taxes and penalties. Such fees,
penalties, and interest shall constitute a charge and shall
be a lien against the property to which the taxes
themselves apply, collectable in the same manner as the
taxes to which they are added.
.4 If any person shall neglect or refuse to pay any tax on
personal property assessed, the Treasurer shall collect
the same as provided and required by State statute.
7-209 Delinquent Tax Collection Procedure
.1 The City may provide by ordinance for the
enforcement and collection of delinquent taxes.
.2 The ordinance shall make provision for notice,
disposition, judgment, a period of redemption and the
purchase of the City’s interest by the owner of an
interest in the property.
.3 If no ordinance is in effect regulating the enforcement
and collection of delinquent taxes, such taxes shall be
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returned to the County Treasurer pursuant to the general
tax laws.
.4 Except as otherwise provide by this Charter or
ordinance, the rights, duties, powers, immunities and
procedures established by the general laws shall apply
in the collection and enforcement of City property taxes.
Chapter 3. BORROWING
7-301 General Borrowing Power
.1 The City may borrow money for any purpose within
the scope of its powers, may issue bonds or other
evidence of indebtedness, and may, when permitted by
law, pledge the full faith and credit of the City for the
payment of those obligations.
.2 The enumeration of specific kinds of bonds or other
borrowing in this Charter shall not be deemed to exclude
other kinds of bonds or other borrowing permitted by
State law.
7-302 Limitations On Borrowing
.1 The net bonded indebtedness for general obligations
of the City shall not exceed 10 percent of the assessed
value of all the real and personal property in the City.
.2 No obligation shall be sold to obtain funds for any
purpose or purposes other than that for which those
obligations were specifically authorized.
.3 If any bonds are not sold within three years after
authorization, the authorization shall be null and void.
7-303 Use Of Borrowed Funds
.1 Each obligation shall contain on its face a statement
of the purpose for which it is issued.
.2 All proceeds from the issue of an obligation shall be
expended for the purpose for which the obligation was
issued until the purpose has been accomplished, and
then for the retirement of other obligations of the City.
.3 The Council may authorize the remaining unexpended
and unencumbered proceeds for use in any manner
permitted by State law.
7-304 Execution Of Obligations
All obligations issued by the City shall be executed with
the signature of the Mayor and the City Clerk, unless
otherwise provided by ordinance, and shall bear the Seal
of the City. Interest coupons may be executed with the
facsimile signatures of the Mayor and the City Clerk.
7-305 Special Assessment Bonds
.1 The Council shall, subject to the general laws of the
State, have authority to borrow money in anticipation of
the payment of special assessments made for the
purpose of defraying the cost of any public improvement,
or in anticipation of the payment of any combination of
such special assessments, and to issue bonds therefore.
.2 Such special assessment bonds may be an obligation
of the special assessment district or districts or may be
both an obligation of the special assessment district or
districts and a general obligation of the City.
.3 All collections on each special assessment roll or
combination of rolls shall be set apart in a separate fund
for the payment of the principal and interest of the bonds
issued in anticipation of the payment of such special
assessments, and shall be used for no other purpose.
Chapter 4. SPECIAL ASSESSMENTS
7-401 Power To Assess
.1 The City Council shall have the power to make public
improvements within the City and, as to public
improvements which are of such a nature as to benefit
especially any property or properties within a district, the
Council shall have the power to determine, by resolution,
that the whole or any part of the expense of any public
improvement shall be defrayed by special assessment
upon the property in districts especially benefited, in
proportion to the benefits derived or to be derived.
.2 If, prior to the adoption of a resolution finally
authorizing the making of a public improvement to be
financed by special assessment, written objections to the
proposed improvement have been filed by the owners of
property in the district, which according to estimates will
be required to bear more than 50 percent of the amount
of such special assessments, no resolution finally
determining to proceed with such improvement shall be
adopted, except by the affirmative vote of two-thirds of
the Council Members serving.
7-402 Procedure Ordinance
The Council shall prescribe, by ordinance, the complete
special assessment procedure governing the initiation of
projects, preparation of plans and cost estimates,
creation of special assessment districts, notices and
hearings, making and confirming of special assessment
rolls, correction of errors in such rolls, the number of
installments in which special assessments may be paid,
collection of special assessments, refunds, and any
other matters concerning the making and financing of
improvements by the special assessment method.
7-403 Additional Assessments
.1 Additional pro rata assessments may be made when
any special assessment roll proves insufficient to pay for
the improvement for which it was levied and the
incidental expenses thereof or to pay the principal and
interest on bonds issued in anticipation of such
assessment rolls.
.2 Additional pro rata assessment shall not exceed 25
percent of the assessment as originally confirmed unless
confirmed by vote of the City Council at a meeting for
which notice has been given in the same manner as the
original special assessment.
7-404 Contest Of Assessments
.1 Any person owning property specially assessed shall
have 60 days from the mailing of a notice of confirmation
of the special assessment roll to notify the City Clerk in
writing of any claimed illegality in the special assessment
process. The City shall presume that any person who
neglects or refuses to assert a claim within the 60 day
period has withheld his or her claim for the purpose of
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unjustly obtaining a special benefit to the property to the
detriment of the general taxpayers of the City.
.2 If the City Attorney submits a written opinion finding
the special assessment roll illegal, in whole or in part,
the City Council may revoke its confirmation, correct the
illegality, if possible, and reconfirm it. No property shall
be assessed more than was imposed upon the original
confirmation without further notice and hearing.
7-405 Lien And Collection Of Special Assessments
.1 Upon the confirmation of each special assessment
roll, the special assessments thereon shall become a
debt to the City from the persons to whom they are
assessed and" until paid shall be a lien upon the
property assessed, for the amount of such assessments
and all interest and charges thereon. Such lien shall be
of the same character and effect as created by this
Charter for City taxes.
.2 The Council may provide by ordinance for fees,
penalties, and interest for the late payment or non
payment of special assessments, which fees, penalties,
and interest shall be a lien and shall be collectable as
are similar charges upon City taxes. The Council may
provide that delinquent special assessments be placed
upon the tax roll, together with any accrued fees,
penalties, and interest thereon, to be collected in all
respects as are City taxes on such roll, or may make
other provisions for the lien created by such special
assessments.
7-406 Postponement Of Payments
The Council may provide that persons who, in the
opinion of the Assessor and Council, by reason of-
poverty, are unable to contribute toward the cost of the
making of a public improvement may execute to the City
an instrument creating a lien for the benefit of the City on
all or any part of the real property owned by them and
benefitted by any public improvement, which lien will
mature and be effective from and after the execution of
such instrument and shall be enforceable in the event
that title to such property is thereafter transferred in any
manner whatsoever. The Council shall establish the
procedure for making this section effective by ordinance.
7-407 Special Assessment Accounts
Monies raised by special assessment for any public
improvement shall be credited to a special assessment
account and shall be used to pay for the costs of the
improvement for which the assessment was levied and
of expenses incidental thereto, to repay any principal or
interest on money borrowed therefore, and to refund
excessive assessments.
7-408 All Property Liable For Special Assessment
All real property, including such as is exempt from
taxation by law or exempted by the Board of Review,
and with or without valuation placed thereon, shall be
liable for the cost of public improvements benefiting such
property, unless exempted there from by law, the same
as other property, as provided in Section 7-402, and
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
8-101 Regulatory Power
.1 The City may, as provided by law, exercise its police
powers to regulate, prohibit, or prohibit except as
authorized by permit, license or franchise, any trade,
occupation, amusement, business or other activity within
the City.
.2 The City shall provide by ordinance, for the review of
decisions of City agencies under this section in any case
where such review is not provided for by this Charter or
by law.
8-102 Issuance Of Licenses
The City Council shall provide, by ordinance, a
procedure for the issuance of licenses and permits. The
ordinance shall, to the greatest extent possible, place
the responsibility for the issuance of licenses and
permits under one official in order that persons
requesting specific licenses and permits will not have to
contact more than one City office.
Chapter 2. FRANCHISES
8-201 Limitations On Franchise
.1 A franchise, and all renewals, amendments and
extensions of it, may be granted only by ordinance.
.2 The City may approve such ordinance only after a
public hearing has been held on it and after the grantee
named in it ties filed with the City Clerk its unconditional
acceptance of all the terms of the franchise.
.3 The ordinance may not take effect unless it has been
approved by the voters of the City, where State law so
requires, or, unless it has been approved by the
affirmative vote of two-thirds of the Council Members
serving where approval of the voters is not required by
State law.
.4 When approval of the voters of the City is required,
the ordinance as approved by the City shall be published
in a daily newspaper of general circulation in the City not
less than 30 days before the election at which it is
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.
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.5 A franchise for the use of the streets or other public
places of the City or for the transaction of a local
business may not be sold or transferred in any manner
nor may a party other than the grantee use the
franchise, unless the City consents by ordinance.
.6 The grantee of a public utility franchise shall have the
right to mortgage the franchise, with the approval of the
City Council, which approval shall not be unreasonably
withheld. The purchaser at a foreclosure sale shall have
the right to operate the franchise subject to the terms of
the franchise and provisions of this Charter.
8-202 Standard Provisions Of Public Utility Franchise
.1 A public utility franchise shall include provisions for
fixing and periodically readjusting rates and charges at
the direction of the City and for requiring the holder to
supply necessary information and access to records and
property.
.2 The City May, With Respect To Any Public Utility
Franchise Granted, Whether Or Not So
Provided In The Granting Ordinance
(a) Repeal the franchise for violation of or failure to
comply with any of its provisions, misuse or non-use, or
failure to comply with any regulation imposed under
authority of Federal law, State law or this Charter;
(b) Require proper and adequate extension and
maintenance of plant facilities at the highest practicable
standard of efficiency;
(c) Establish reasonable standards of service and quality
of products, and prevent unjust discrimination in service
or rates;
(d) Require continuous and uninterrupted service to the
public in accordance with the terms of the franchise
throughout the entire period of the franchise,
(e) Impose other regulations determined by the City to
be conducive to the health, safety, welfare and
convenience of the public,
(f) Require the public utility to pay any part of the cost of
improvement or maintenance of the streets, alleys,
bridges and public places of the City that arises from its
use thereof and to protect and save the City harmless
from all damages arising from such use;
(g) Require the public utility to permit joint use its
property and equipment, located in the streets and public
places of the City, by the City and other utilities, insofar
as joint use may be reasonably practicable. In the
absence of agreement and upon application by the
public utility, the City may provide for arbitration of the
terms and conditions for joint use.
Chapter 3. PUBLIC UTILITIES
8-301 Public Utility Services Of City
The City shall have all the powers granted by law to
own, operate, improve, enlarge, extend, repair, and
maintain public utilities, either within or without its
corporate limits and either within or without the corporate
limits of counties in which the City may lie, including, but
not by way of limitation, public utilities for supplying
water and water treatment, sewage disposal and
treatment, electric light and power, gas, steam, heat,
public transportation, or any similar service to the
municipality and the inhabitants thereof; and shall also
have the power to sell these services beyond its
corporate limits as authorized by law.
8-302 Disposal Of Municipal Utility Plants And Property
Unless approved by the affirmative vote of three fifths of
the electors voting thereon at a regular or special City
election, the City shall not sell, exchange, lease, or in
any way dispose of any property, easement, equipment,
privilege, or asset needed to continue the operation of
any municipal public utility. All contracts, grants, leases,
or other forms of transfer in violation of this section shall
be void and of no effect as against the City. The
restrictions of this section shall not apply to the sale or
exchange of machinery or equipment of any municipally
owned public utility, which is no longer useful or which is
replaced by new machinery or equipment, or to the
leasing of property not necessary for the operation of the
utility, or to the exchange of property or easements for
other needed property or easements.
8-303 Rates
.1 The provisions for setting rates and charges for
electric, water, and steam services shall be in conformity
with the Revenue Bond Act (P.A. 94, of 1933, and
Section 5-205.1 of this Charter.
.2 The Council may set just and reasonable rates and
such other charges as may be deemed advisable for
supplying all other municipal services to the inhabitants
of the City and others.
8-304 Collection Of Municipal Utility Charges
.1 The City Council may provide by ordinance for the
collection of unpaid charges for public utility services
furnished by the City and for the imposition and
enforcement of liens upon property served by the City.
.2 When any person fails or refuses to pay any sums
due on utility bills, the service upon which the
delinquency exists may be discontinued and suit may be
brought for the collection of the money owed. When any
person fails or refuses to pay any sums due for sewage
disposal services furnished by the City, the payment for
such sewage disposal services may be enforced by the
termination of the sewage disposal services by
discontinuing the water service to the affected premises,
notwithstanding that the water service for the collection
of sewage charges shall be in addition to any other
lawful enforcement remedy.
.3 The City shall establish a procedure for the resolution
of disputes between the City and any of its customers
concerning public utility services other than electric,
water, and steam services.
Chapter 4. PROPERTY
8-401 Purchases Of Personal Property And Services
.1 The City shall establish procedures, by ordinance, to
protect the interests of the City and to assure fairness in
25
procuring personal property and services. The ordinance
shall require competitive bidding for purchases but there
may be exceptional cases, clearly defined in the
ordinance in which competitive bidding is not required.
The ordinance shall define "lowest responsible bidder" in
a manner that will result in the lowest overall cost to the
City.
.2 No purchase may be made by the City unless the
office of the controller advises that there is an
unencumbered balance in the appropriation against
which the appropriation is to be charged to pay for the
purchase.
8-402 Sales Of Personal Property
.1 The City shall establish procedures by ordinance to
protect the interests of the City and to assure fairness in
disposing of personal property which has become
unsuitable for public use. The ordinance shall require
competitive bidding for all sales, leases and transfers but
may provide for exceptional cases, clearly defined in the
ordinance in which competitive bidding is not required.
.2 The ordinance shall define those dispositions of public
property which are not in the ordinary course of City
operations and shall set forth the procedure for such
disposition.
8-403 Purchase And Sale Of Real Property
.1 The City shall establish procedures by ordinance to
protect the interest of the City and to assure fairness and
consistency in the acquisition and disposition of interests
in real property acquired by purchase, gift,
condemnation, lease or otherwise either within or without
the corporate limits of any county in which the City is
located for any public use or purpose within the powers
of the City.
.2 The ordinance on acquisition shall provide the
following procedures, which are similar in intent and
purpose to the acquisition provisions of Title III of Public
Law 91-646, known as the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970:
(a) an appraisal before negotiation;
(b) every reasonable effort made to acquire property
expeditiously by negotiation;
(c) the establishment of a just amount for compensation
not less than the fair market value stated in the
appraisal;
(d) a prohibition against the sale of the property for less
than the established price except for reasons spelled out
in the ordinance;
(e) adequate notice to quit the premises after receipt of
compensation;
(f) permission for the occupant to remain in possession
in certain instances by payment of the fair market rental;
(g) a prohibition on coercive actions to compel
agreement on the price;
(h) a provision concerning the institution of
condemnation proceedings;
(i) a provision for the acquisition of uneconomic
remnants, which might remain after the acquisition of the
property;
(j) provisions for the payment of the expenses of the
proceedings in appropriate cases.
.3 The ordinance on disposition of real property shall
require a public hearing at least one week prior to
Council action on the issue of sale. Complete
documentation on the details of the sale shall be on file
in the office of the City Clerk at least 30 days prior to the
public hearing. The document shall include a statement
of necessity of the property for public purposes. This
subsection shall not apply to real property to be sold for
less than $50,000.
.4 No interest in real property may be sold by the City
without either the affirmative vote of the people or the
affirmative vote of two-thirds of the Council members
serving.
.5 Any interest in real property which is being used or
occupied by the Board of Water and Light, or which
indicates in the deed that the property was acquired for
the purposes of the Board of Water and Light, shall not
be sold without the approval of the Board of Water and
Light.
.6 No park, recreation, cemetery, or waterfront land may
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
9-101 Status Of Officers
Every person holding elective or appointive office on the
effective date of this Charter shall continue in office, or
equivalent office, until the election and qualification of a
successor or unless removed in accordance with law or
the provisions of this Charter.
9-102 Compensation Of Officers
The compensation of all persons holding office under
this Charter shall continue according to the schedule of
compensation in existence prior to the effective date of
this Charter. Any change in compensation shall be made
in the manner determined by law.
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
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qualifications for each officer or department head
pursuant to Section 4-401 of this Charter.
Chapter 2. CONTINUITY OF RIGHTS AND
LEGISLATION
9-201 Existing City Legislation And Rules
All ordinances and resolutions of the City and all rules
and regulations made by any officer or agency of the
City which are not inconsistent in their content with this
Charter shall remain in effect until changed by action
taken under this Charter.
9-202 Vested Rights And Liabilities
.1 After the effective date of this Charter, the City shall
be vested with all property, monies, contracts, rights,
credits, effects, and the records, files, books, and papers
belonging to it under and by virtue of its previous
Charter.
.2 No right or liability, contract, lease, or franchise either
in favor of or against the City, and no existing suit or
prosecution of any character, shall be affected in any
manner by any change resulting from the adoption of
this Charter, but the same shall stand or proceed, as if
no change had been made.
.3 All debts and liabilities of the City shall continue to be
its debts and liabilities, and all debts to it and fines and
penalties, imposed and existing at the time of such
change, shall be collected by the City. All trusts,
established for any municipal purpose, shall be
continued in accordance with the terms thereof, subject
to the cy pres doctrine.
9-203 Pensions
All pensions referred to in the previous Charter shall
remain in effect with the same status established in the
previous Charter, unless changed in the manner
determined by law.
9-204 Changes Of Time Schedules
If the provisions in effect on the date of adoption of this
Charter regarding the time of the City elections or the
time of the start of the fiscal year are superseded by
subsequent statute, the Council shall, by ordinance,
adjust the affected times and dates in this Charter
accordingly.
9-205 Council Action On Transition
In all cases not covered by this Charter, the Council shall
by rule, resolution or ordinance prescribed procedures
for transition from the government of the City under the
previous Charter to that required under this Charter.
Chapter 3 COMMENCEMENT OF NEW CHARTER
9-301 Effective Date Of This Charter
Except as otherwise specifically provided herein, this
Charter shall become effective for all purposes when
filed after adoption with the Secretary of State and the
County Clerk pursuant to statute.
9-302 First Election Under This Charter
The first regular election under this Charter shall be held
at the same time as the election would have been held if
this Charter had not been adopted. City officers to be
elected at the next election in November, 1979, will be
two Council Members from wards, one each from Ward
One and Ward Three and two Council Members elected
at large. At an election to be held in November, 1981,
officers to be elected will be the Mayor, City Clerk, two
Council Members from wards, one each from Ward Two
and Ward Four, and two Council Members elected at
large.
Chapter 4. ADOPTION OF CHARTER
9-401 Submission Of Charter To Electorate
This Charter shall be submitted to a vote of the qualified
electors of the City of Lansing at the election on
Tuesday, August 8, 1978. All provisions for submission
of the question of adopting this Charter at the election
shall be made in the manner provided by law.
9-402 Form Of Question
The voters of the City of Lansing shall vote on the
following proposition:
Shall the Charter proposed by the Lansing Charter
Commission be adopted?
YES ( )
NO ( )
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Charter Commission Statement
To the Citizens of Lansing:
At the general election on November 4, 1975, Lansing
voters elected nine persons to serve on the Lansing
Charter Commission. State Law provides for persons
elected to the Charter Commission to serve a term of
three years, or place a Charter proposal on the ballot for
the voters’ consideration on a maximum of three
occasions.
Prior to the Commission’s election, four citizen study
groups, a professional study, and a unanimous
resolution of the Lansing City Council had encouraged
revision of the City Charter to establish clear lines of
accountability and responsibility in the operation of City
Government and the specific delineation of the roles of
the Mayor, City Council, City Boards and City
Departments.
Since the Commission’s November 1976, and June
1977, Charter Proposals were not approved by the
voters, the Commission has met with citizens and
elected officials to determine the issues contained in
those proposals which were not acceptable to the voters.
The Commission found that the bulk of objections to the
prior drafts concerned rather specific additional items
which are not essential to the basic revision for an
accountable structure. Accordingly, the Charter
Commission has responded to voter desires and deleted
from the present draft the features previously objected to
such as the City employee residency requirement, has
simply retained in the present proposal the existing eight
member City Council and leaves reorganization of city
departments to the initiative of the Mayor and Council. A
number of other earlier changes have either been
modified or eliminated.
The present proposal retains many sections and ideas
from the existing Charter, sometimes in identical
language and sometimes in language which is briefer
and more understandable. The most significant changes
specifically delineate the roles and authority of the
Mayor, City Council, City Boards and City departments,
assign clear lines of accountability and responsibility to
each, and establish safeguards which protect citizens
against the misuses of authority.
To make clear what changes the proposed Charter will
make, we summarize its most important provisions as
follows:
Executive: the mayor, elected by the city at large for a
four year term, is, for the first time, responsible for
implementation and administration of city policy as
established by city council, with authority to supervise,
coordinate and direct activities of city departments and
agencies and appoint most department heads.
Legislative: The City Council Consists Of 8 Members, 4
Elected At Large And 1 From Each Of The Four Wards.
The city council will determine city policy by passage of
resolutions and ordinances, and adoption of the city
budget and it has the authority to investigate city depts.
The council president will preside at city council
meetings but the mayor or his executive assistant will
attend all council meetings to make reports or proposals
and to respond to questions from council members and
citizens.
Citizen Boards: the board of water and light will
continue to be an administrative board. The police and
fire boards will be advisory to the mayor and city council
with additional administrative authority. All other citizen
boards will be advisory with the responsibility of
recommending policy to the mayor and city council.
Departments: The Structure Of City Departments Will
Continue As It Currently Exists Within The 1955 City
Charter; However, This Proposed Charter Encourages
Departmental Reorganization By The Mayor And The
City Council. The Commission Believes That City
Departments Should Be Reorganized According To
Their Major Purpose And Functions In Order To Provide
Services As Efficiently, Effectively And Economically As
Possible.
Non-Discrimination: discrimination by all city agencies
is prohibited and affirmative action programs are
required.
Expiration of ordinances: The Sunset Concept. When
a city council establishes, by ordinance, a new agency or
service of the city, the ordinance will contain an
expiration date of not more than 10 years.the council
must then act prior to expiration either to discontinue the
agency or service, or re-enact it. The charter
commission intent is that the council will be required
periodically to review and reevaluate city agencies and
services.
Ethics: a board of ethics will be created to establish
standards of conduct for city employees, elected officials
and city board members.
Purchase and Sale of Real Property: the proposed
charter requires a vote by the people prior to the sale of
any park, recreational, cemetery, or riverfront property.
All other property purchased or sold by the city with an
assessed value of $50,000 or more will be subject to a
public hearing prior to the purchase or sale.
Initiative and Referendum: the number of petition
signatures for an initiative or referendum is reduced to
about 4,000 instead of the present charter requirement
of approximately 12,000 signatures.
Charter Revision: the proposed charter provides that
the question of charter revision will automatically come
before the lansing voters in the general election every 12
years.
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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