HomeMy WebLinkAboutElection Commission Rules of Procedures FINAL 02-2 4-94P05 : 34 RCVD
CITY OF LANSING
ELECTION CONWSSION
RULES OF PROCEDURE
The following Rules of Administrative Procedure are adopted by the City Electic.-
Commission (hereinafter referred to as "Commission") to facilitate the performar' .. .
of its duties and the exercising of its responsibilities as set forth in Articles 2.`2,,01J
and 2.206 of the 1978 City Charter, annexed hereto.
SECTION 1.0 OFFICERS
1.1 SELECTION
The City Clerk shall be the Chairperson of the Commission. The Commission s'k:..1
elect a Vice-Chairperson. The Vice-Chairperson of the Commission shall not
the same office for more than two consecutive years.
1.2 TENURE
The Vice-Chairperson shall take office at the first meeting in January and shall hold
office for a term of one year or until his/her successors are elected and assur.
office.
1.3 DUTIES OF THE COMMISSION
The Commission shall perform the duties and activities set forth in Section 2-,21`
the 1978 City Charter.
1.4 DUTIES OF THE CHAIRPERSON AND VICE CHAIRPERSON
A. The Chairperson shall preside at all meetings and perform such other du 1:'
as may be ordered by the Commission.
B. The Chairperson may appoint such standing and special committees necessary
to make an effective administrative and progressive body of this Commissio-n.
and to expedite certain functions of the Commission.
C. The Vice-Chairperson shall act in the capacity of the Chairperson in
absence.
D. The Chairperson shall be an ex--officio member of all committees.
SECTION 2.0 DUTIES OF THE SECRETARY
2.1 MINUTES
A. The Secretary shall be responsible for maintaining the minutes of the
Commission meetings and shall have them available for public inspection no
later than eight (8) business days after the meeting to which the minutes
refer. Approved minutes shall be available for public inspection not latex
than five (5) business days after the meeting at which the minutes are
approved. Copies of the proposed minutes shall be distributed to all
Commission members prior to the meeting at which they will be considered for
approval.
B. The approved minutes of the Commission meeting shall be filed in the office of
the City Clerk as a public record and no official action taken by the
Commission at any meeting shall be validated or effective until a copy of the
minutes of the meeting at which such action was taken is filed with the City
Clerk.
2.2 RECORDS
The Chairperson shall be responsible for keeping a record of all of the Commission',,
transactions.
2.3 COMMUNICATIONS, PETITIONS AND REPORTS
All communications, petitions and reports shall be addressed to the Commission any:',
delivered or mailed to:
City Clerk, Chairperson.
Election Commission
9th Floor, City Hall
Lansing, MI 48933
SECTION 3.0 MEETINGS
3.1 GENERAL
All meetings of the Commission shall be conducted in accordance with the applicable
provisions of the "Open Meetings Act of 1976," Public Act 267 of 9176, as amended.
3.2 REGULAR MEETINGS
Meetings of the Commission will be held as listed on the schedule for Electiu...
Commission meetings located on the bulletin board in the City Clerk's office, and at
such other times and places as designated by the Commission at a regular meeting.
The Chairperson may reschedule regular meetings as necessary to assure a quorum
or to avoid conflict with other meetings. The meetings shall be held in the 9th Floor
Conference Room, City Hall, Lansing, and notices of all meetings shall be posted at
least 18 hours prior to each scheduled meeting.
3.3 SPECIAL MEETINGS
Special meetings may be called at the request of the Chairperson or two (2) merr;;;;_ .
of the Commission. At least eighteen (18) hours before the meeting the Secre
shall give public notice of the meetings and shall cause each. Commission membu
be served personally with a notice of the meeting or shall cause the notice to b.�
at the usual place of residence of the Commission member. No business shad,
transacted at any special meeting except that stated in the notice of the meetings
Notwithstanding the foregoing requirements for the calling of special meetings,
special meetings of the Commission shall be a legal special meeting if all members
present or in the event that any member or members are to be absent, if all abs�_
members have in writing, waived the requirements that notice be given; provideet
that a quorum is present.
3.4 PUBLIC
All regular and special meetings, hearings, records of the Commission,
resolutions, transactions, findings and determinations, as well as acts shall be
to the public, except as otherwise provided by law. The public shall hav'(
reasonable opportunity to be heard at all Commission meetings open to.the pub)-It,,.
The name and address of each person addressing the Commission will be recorc amd.,
3.5 QUORUM
A. Two (2) members present shall constitute a quorum for the transact:
business, and concurring vote of two (2) members of the Commission sL'. -
necessary for official action. Any amendment to a motion is by majority vc+p,
of the members present.
B. Whenever a quorum is not present at a regular or special meetings, thy:..
present may adjourn the meeting to another day or may meet as a Comutft',:_
of the Whole for the purpose of considering such matters as are on the agenda.
No action taken at such a meeting shall be final or official.
3.6 ORDER OF BUSINESS
Agenda: The Chairperson shall prepare an agenda for meetings, and prow:=':�"
copy to each Commission member five or more days in advance of
regular meeting.
1. Call to Order
a. Roll Call
b. Excused Absences
2. Approval of Minutes
3. Public Comment on Agenda Items
The public may comment on any of .the follow.an'r item
the agenda: Communications and petitions, eporUs : 4 ;
Chairperson, Action Items .and Information :li'.,u s. (Tl: i.; :::
five (5) minutes per speaker)
4. Communications and Petitions
5. Reports from the Chairperson
6. Action Items
a. Staff Presentation
b. Commission Questions
Q. Commission Action
7. Tabled Items
8. Information Items
9. Old Business
10. New Business
11 Items for the Suspension of the Rules
12. Public Comment on Non-Agenda Items
(Time Limit: three (3) minutes per speaker)
13. Adjournment
3.7 MOTIONS'
Motions shall be restated by the Chairperson before a vote is taken. ':else 7:_
the persons making the motion and its second shall be recorded.
3.8 VOTING
Voting shall be recorded by verbal "yeas" and "nays", unless otherwise orda'e,'
the Chairperson. Every member present shall vote unless disqu.al_xfied ld!*C
conflict of interest.
3.9 NOTIFICATION OF COMMISSION ACTION
A copy of the letter notifying the Mayor and City Council of action taken b-r
Commission will also be sent to the originators of a request for the
study a particular item.
3.10 PARLIAMENTARY PROCEDURE
In all matters of procedure, not covered by these Rules or by the provisions of V:;_,
City Charter, the provisions of "Robert's Rules of Order, Revised" shall control,
with the exception that the Chairperson shall have a vote.
SECTION 4.0 AMENDMENTS TO RULES OF ADMINISTRATIVE PROCEDURE
4.1 AMENDMENTS
Amendments to the Rules of Administrative Procedure may be initiated by an
member of the Commission at any regular meeting and voted upon at the next regular
meeting. All Commission members must be notified of such amendments by mo_u
least five (5) days before the amendment is to be voted upon. The affirmative
of.two (2) members present shall be required to amend the Rules of Administrat`:r,
Procedure.
4.2 SUSPENSION OF RULES
It shall require the vote of two (2) members present of the Commi>,`.on to u,-L,-_- _
the Rules of Administrative Procedure.
Approved as to form only:
AL'VAN P. KNOT, City Attorney
Date:
i
I
Approved by the City of Lansing Election Commission
April 12, 1996
Rules for Processing
Initiative, Referendum and Charter Amendment Petitions
Adopted by the City of Lansing Election Commission
The following items were adopted by the City of Lansing Election Commission on April 12, 1996,
to provide the Commission's interpretation of some of the language found in Article 2, Chapter
4, Sections 2-401 through Section 2-411 of the City Charter and to approve the City Clerk's
Office procedures for the canvassing of petitions and public review allowed.
1. The attached procedure(titled"City Initiative, Referendum and Charter Amendment
Petition Procedure") is approved for the manner in which petition signatures for initiative,
referendum or charter amendment petitions are to be canvassed by the City Clerk's Office.
2. The attached procedure(Titled"Procedure for Review of Canvassed Signatures")is
approved for the manner in which the public may review the canvassed petition pages and
Clerk's Office voter registration records.
3. A circulator of an initiative, referendum or charter amendment petition must be a
registered elector of the State of Michigan and must sign a sworn affidavit on each
petition 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. All signers of initiative, referendum or charter amendment petitions must be registered
electors of the City of Lansing. It is not necessary for signers to have been registered 30
days prior to signing of the petition so long as they can provide a valid receipt for such
registration or a sworn oath as allowed under the National Voter Registration Act.
5. If the City Clerk determines that an initiative, referendum or charter amendment petition
lacks sufficient signatures or is otherwise improper, the City Clerk shall notify the person
filing such petition by regular mail of the deficiency and 10 calendar days shall be allowed
for filing supplemental petition papers. This 10 days begins the day following the date of
mailing. The original petitions filed remain intact; no signatures on the initial filing are
deleted as a result of the granting of these 10 additional days. Signatures obtained prior to
the end of the 10 day period may be included provided no signatures obtained prior to 90
days from the second filing date(the last day of the 10 additional days) may be included
to make up any deficiency.
6. Section 2-405.2 of the Charter states that submission to the voters shall take place at the
next regular election, or at a special election held prior to the next election. The Election
Commission interprets the next"regular" election to be any election held on a scheduled
regular basis in the City of Lansing; this can include a Lansing Community College Board
of Trustees Election, any city primary election or any city general election. A special
election called by a jurisdiction other than the city would not be interpreted to be a
"regular" election. The City Council can, of course, call a special election for the sole
purpose of the petition question.
Page 1 of 2 Pages
The"next" regular election must take into account allowances for provisions of the City
Charter and State Law governing elections. Currently, these include'a City Charter
provision that the City Clerk has 15 days to canvass the petitions; that the City Clerk must
present the petition, if found sufficient and proper, to the City Council at its next regular
meeting; that the City Council has 30 calendar days after receipt of a petition from the
City Clerk to take action on the petition; and State Law requires that the final approved
ballot language for all local proposals must be submitted to the County Clerk at least 70
days prior to an election to be on the ballot for that election. (646a)
7. The Commission interprets "days" allowed in these sections to be calendar days.
8. A partial filing may be submitted to the Clerk's Office before the filing deadline as long as
the minimum number of signatures required are submitted. Additional signatures will be
accepted after this partial filing up to the filing deadline unless the filer of the petition
states, in writing, that the filing is complete prior to the filing deadline. If the filer states,
in writing, that the filing is complete; the date such statement is signed will be used as the
filing date even if it is earlier than the filing deadline.
9. Referendum petitions must be filed within 30 calendar days of the passage of an ordinance
by the City Council. "Enactment" as stated in 2404 means the date at which such
ordinance was approved by the City Council; it does not mean the effective date of the
ordinance. The day following the adoption of the ordinance is the first day of the 30 day
period.
10. Charter amendment petitions must be submitted to the State of Michigan Attorney
General's Office for review and comment as provided for in MCLA 117.22. The City
Clerk's Office shall make such a submission for all petitions found to be valid.
11 Charter amendment petitions are governed by the provisions included in the City Charter
and by the Home Rule Cities provisions of State law; specifically 117.21, 117.22, 117.23,
117.24 and 117.25.
ATT: City Initiative, Referendum and Charter Amendment Petition Procedure
Procedure for Review of Canvassed Signatures
Copies of MCLA 117-21-117.25 Home Rule Cities (Charter Amendments)
Copy of MCLA 750.492 Public Records: Inspection, Use, Copying,
Removal
f:\wpdata\mms\eleccom\petitio2.prc
Page 2 of 2 Pages
CITY INITIATIVE, REFERENDUM & CHARTER PETITION PROCEDURE
I. Prepare alphabetical listing to record valid signatures and to check for duplicate signatures.
A. Order two sets of alpha and street address order voter registration listings from Data Processing.
B. Place in separate binders.
C. Store in vault at the end of each day.
II. As petitions are received, date stamp each sheet and number each sheet consecutively to help determine possible
duplications later.
A. Make a copy of each petition page to use as a working copy
B. Store the original petitions in the designated location in the vault
III. Face check each petition to see that:
A. There is a valid signature. Printed signatures should be checked against the master file to see that they
match.
B. Names with lines drawn through them do not count.
C. Voter's address must be in the City of Lansing.
D. The date must be completely filled out(ditto marks will be acceptable). Petitions dated prior to 90 days
to the filing are not acceptable.
E. Petition signatures with the date later than the date signed by the circulator is not valid
F. Circulator must have signed and dated petition and must be notarized.
G. Signatures which seem to be similar in style will be highlighted to be compared with the master file.
H. Record the correct problem code next to the petition signature. (List of codes is attached)
IV. The computer or alpha or address listing will be used to check through the petitions for valid signatures.
A. Every loth signature will be highlighted and checked against the master card file for accuracy.
B.Use either name or address inquiry functions on the computer or look the voters name or address in the
printouts.
1. If there is a match with both name and address consider a registered voter.
2. When there are similar names at the same address check the active master card files to compare
signatures.
C. Names not found will be checked in the master card active file.
D. If it is determined that the name and address is that of an active registered voter found in the master card
file, the file number, name and address will be added to the alpha printout.
1. Make a copy of the voter's master card so that this information can be added to the mainframe
system.
E. A name not found in the active master card file will be considered not registered.
V. Valid signatures will be recorded on only one set of the alpha listings with the number that is stamped at the
top of each petition.
A. The number of the petition page is to be recorded next to the voter's name in the alpha listing.
B. If it is found that there is a previous entry, both names will be checked for similarity.
C. If the signatures are similar, the later signature will be voided and marked as such on the petition sheet.
1. If the signatures are dissimilar both signatures will be checked against the master card file.
D. After all of the names have been checked, record the number of valid signatures at the bottom of each
petition page and circle.
E. Make a copy of the checked petitions for challenger's review.
VI. A running total should be kept on the number of valid signatures and the number of signatures checked.
A. Place completed pages in the designated location in the vault after recording the number of valid
signatures on the log.
B. When the number of valid signatures has been met, stop checking petitions. The number needed is
C. If the number of non valid signatures is close to the number that would cause the petition to lack sufficient
signatures notify the City Clerk so that she can notify the person filing the petition that he/she has 10 days
to file additional signatures.
VII. All copies of the petitions and alpha listings are to be kept in numerical order and stored in the vault at the
end of each day. THIS IS VERY EWPORTANT.
PETITION LOG SHEET
FOR
PAGE OF
PETITION #OF INVALID #QF VALID PETITION f# OF INVALID #OF V AI.ID
.
NU .EI2 : IGI. -TU S - ..SIGNATC 2ES: NiJNIB R SIGNATURE SIMTA'i'U S
SUB
PETITION SIGNATURE CODES
A petition signature is not acceptable if it contains one or more of the following
irregularities or omissions. Place one of the following codes next to the voter name on the
petition sheet.
CO Signature was crossed out prior to filing.
OC Address is located outside of the City of Lansing city limits.
ND Signature not dated or incompletely dated (ditto marks are acceptable).
DB Signature was dated before 90 days prior to filing.
DA Signature was dated after the circulator date on the individual sheet.
NA No address was given or has an incomplete address.
IS Incomplete signature, such as: Mrs. Smith, Mr. Smith, John or Jane only.
NL Signature and address is not legible.
PS Person was found to have previously signed another petition. (Include petition and
line of signature number)
NR If none of the above situations occur and the person's registration information is not
found, consider this person not registered.
If a petition signature is found to be a registered voter in the City of Lansing place an "R"
for registered, next to the voters name on the petition sheet.
City of Lansing - Election Commission
Procedures for Review of Canvassed Signatures
For Initiative, Referendum & Charter Petitions
1. Current listings of the active voter registration file will be ordered and 2 sets will be
provided, one for those in favor of the petition and one for those opposed. These listings
will be available for review in the City Clerk's conference room. Listings must remain in
the conference room at all times.
2. Upon completed examination and review of each petition page by the City Clerk's staff
and the recording of the results, a copy of the petition page will be provided to each
group. Each petition page will have the number of valid signatures as well as a code for
each signature that is not valid. A list of the invalid codes will be available.
3. If upon review by either group it is determined that there is a possibility that (1) a
signature that is determined illegible is recognized as a registered voter, (2) a signature
marked as not registered may be indeed a registered voter in Lansing"or(3) a signature
that was considered valid may not be genuine, then that group may request that further
examination may be necessary by the City Clerk's office. This request must include the
Mowing:
a. Must be a sworn complaint;
b. Must be presented in writing;
c. Must include the page and line number of each signature being questioned as to
the validity of registration or the genuineness of the signature of the circulator
or of a person signing the petition.
d. Proof of registration may be provided to aid in the determination of a voters
signature.
4. Complaints from either group will be reviewed up and until the City Clerk has made the
determination that the petitions contain a sufficient and proper number of signatures or
until final determination.
5. Request to view a voters record will be handled in the following manner:
a. A copy of the voters registration card will be copied with the voters party
preference(if any) and the voters birth date blacked out, as required by election
law .
6. Access to the master card file may be granted under the supervision of the City Clerk's
staff, however no ink or pen will be allowed to make notes or copies. The City Clerk may
make reasonable rules as necessary to protect the records and files and to prevent
interference with the regular discharge of the duties of the staff. (Michigan Election Law
750.492)
e
HOME RULE CITIES 117.21
had been rejected by voters of the city, re-sub- city officer who could not contract an indebt-
mitted and again rejected, new charter com- edness against city. Marxer v.City of Saginaw
mission could not be elected for purpose of (1935) 258 N.W. 627, 270 Mich. 256.
drafting new revision of charter based upon
the proposition to revise, adopted at the first 5. Adjournment of charter commission
election, notwithstanding more than 60 days Adjournment sine die of a charter commis-
had elapsed since adoption of proposition to sion before performance of all its statutory
revise, and new proposition to revise charter duties does not render it without authority to
and election of new charter commission con- reconvene. Harvey v.City Commission of City
temporaneously therewith could not be sub- of Port Huron (1923) 196 N.W. 379, 225 Mich.
mitted to voters notwithstanding the period of 368.
two years had not elapsed since the rejection of
the first revised charter. Op.Atty.Gen.1955-56, 6. Elections
No. 2533, p. 231. A charter commission of a home rule city
4. Contracts with city has the authority to designate the date upon
Under Saginaw City charter prohibiting con- which an election will be held for the submis- ='
tractual relations between city officers and sion of a revised city charter, and city officials
city, member of charter commission was not may not arbitrarily refuse to schedule an elec-
entitled to mandamus compelling allowance of tion on such date, if the date is properly in
claim against city based on contract, since compliance with state law and is workable.
member was a public officer and, as such, a OpAtty.Gen.1980, No. 5634, p. 570.
117.21. Charter amendment, procedure; resubmission; time of nomina-
tion of city officers; special charter, application of act
Sec. 21. Any existing city charter, whether passed pursuant to the provi-
sions of this act or heretofore granted or passed by the legislature for the
government of a city, may from time to time be amended in the manner
following: An amendment may be proposed by the legislative body of a city
on a 1/5 vote of the members-elect or by an initiatory petition as herein
provided, and in case the same is proposed by the legislative body of the city,
then the same shall be submitted to the electors of such city at the next
regular municipal or general state election or special election, to be held in
such city not less than 60 days after the proposal of such amendment, and in
case the amendment is proposed by an initiatory petition as herein provided,
then the same shall be submitted to the electors of such city as herein
provided at the next regular municipal or general state election held in such
city which shall occur not less than 90 days following the filing of such
petitions. Proposed charter amendments and other questions to be submitted
to the electors shall be published in full with existing charter provisions
which would be altered or abrogated thereby. The purpose of any such
proposed charter amendment or question shall be designated on the ballots in
not more than 100 words, exclusive of caption, which shall consist of a true
and impartial statement of the purpose of the amendment or question in such
language as shall create no prejudice for or against such amendment or
question, and the text of such statement shall be submitted to the attorney
general for approval as to compliance with this requirement before being
printed: Provided, That the proposed charter amendment in full shall be
posted in a conspicuous place in each polling place. The form in which any
proposed charter amendment or question shall appear on the ballot, unless
provided for in the initiatory petition, shall be determined by resolution of the
legislative body, and when provided for by the initiatory petition, the legisla-
tive body may add such explanatory caption as shall be deemed advisable.
191
117.21 HOME RULE CITIES
Any proposed amendment shall be confined to 1 subject and in case a subject
should embrace more than 1 related proposition, each proposition shall be
separately stated to afford an opportunity for an elector to vote for or against
each such proposition: Provided, That a proposed charter amendment failing
of adoption at any election shall not be resubmitted for a period of 2 years:
Provided further, That in any city in which a city election is held in April, the
legislative body thereof may amend the charter of said city by resolution so as
to provide that there shall be nominated on the third Monday in February
preceding any April election, by direct vote of the registered and qualified
voters within such city, candidates for ward and city offices to be voted for at
the next April election: Provided further, That any city charter heretofore
granted by the state legislature, not pursuant to the provisions of this act,
including charters of cities of the fourth class, amended as herein provided,
by adopting or coming under any part of this act by amendment, and not by
general revision, adoption or incorporation under this act, may again be
amended hereunder, as to such part or parts so amended, by re-enacting
hereunder, that part or parts of the original act of incorporation which
existed before any amendment was made hereunder, and such part or parts of
the original act of incorporation so re-enacted shall not be considered or
construed as operating or coming under the provisions of this act in any
manner, it being the intention to permit a city operating under such a charter,
to adopt by amendment any part of the provisions of this act permissible and
thereafter to withdraw from the provisions of this act. Propositions and
questions shall be proposed, initiated, submitted and canvassed in a manner
similar to that provided for charter amendments.
Historical and Statutory Motes
Source: P.A.1939, No. 279, Eff. Sept. 29, 1939.
P.A.1909, No. 279, § 21, Eff. Sept. 1, 1909. P.A.1947, No. 1, Imd. Eff. Jan. 23, 1947.
P.A.1911. No. 203, Eff. Aug. 1, 1911. P.A.1947, No. 87, Imd. Eff. May 12, 1947.
P.A.1913, No. 5, Imd. Eff. March 11, 1913. C.L.1948, § 117.21,
C.L.1915, § 3324. P.A.1955, No. 117, § 1, Eff. Oct. 14, 1955.
P.A.1917, No. 6, Imd. Eff. March 9, 1917 C.L.1970, § 117.21.
P.A.1917, No. 40, Eff. Aug. 10, 1917. Validity
P.A.1917, No. 232, Imd. Eff. May 10, 1917.
P.A.1919, No. 403, Eff. Aug. 14, 1919. P.A.1911, No. 203, was held unconstitutional
P.A.1929, No. 279, Eff. Aug. 28, 1929. and void, see the Historical and Statutory
C.L.1929, § 2257. Notes following § 117.1.
Constitutional Provisions
Article 7, § 22, provides, in part: amend an existing charter of the city or village
"Under general laws the electors of each city heretofore granted or enacted by the legisla-
and village shall have the power and authority ture for the government of the city or village."
to frame, adopt and amend its charter, and to
Cross References
Filing of amendments, see § 117.24.
Fourth class cities, charters, see § 81.1 et seq.
Revision of charter, see § 117.18.
192
HOME RULE CITIES 117.21
Note 3
Law Review Commentaries
Charter amending powers of cities under Mi- Legal basis for municipal income taxes in
chigan home-rule legislation. Robert E.Jacob- Michigan. Arthur M.Wisehart,52 Mich.LRev.
son 14 Mich.L.Rev. 281 (1916). 681 (1954).
Library References
Municipal Corporations«46. C.J.S. Municipal Corporations § 88 et seq.
WESTLAW Topic No. 268. M.L.P. Municipal Corporations §§ 4, 5.
Notes of Decisions
In general 1 to the same purpose be treated as one amend-
Amendment or revision, In general 3 ment and be voted on as such, although they
Construction of amendments 11 contemplate change of more than one section
Effective date of amendment 10 of the charter. Henry v.City of Pontiac(1961)
Formal requirements of amendments 6 109 N.W.2d 835, 363 Mich. 302.
Irregularities, in general 13 1947 amendment (P.A.1947, No. 1) to this
Legislative intent 2 section relating to submission to voters of pro-
Matters subject to amendment 7 posed amendments to city charters was intend-
Operation and effect of amendment 12 ed to eliminate the submission of charter
Power to amend 4 amendments at primary city elections and to
Proposition to amend 5 require submission at regular elections. Mil-
Regular election 9 lard ex.rel.Reuter v.City of Bay City(1952)54
Time and place for submission of amend- N.W.2d 635, 334 Mich. 514.
went 8 .
3. Amendment or revision, in general
If proposed change only amends, alters, or
1. In general improves within lines of original charter, it is
City charter, and not statutory requirements an amendment and the passage by the city
for home rule city charter amendments, gov- electorate is valid; but, if proposed change
erned local initiatory petitions which sought totally disrupts, cancels, abrogates or makes p
ordinance barring casino gambling from city. inoperable the original charter, it is a revision
Settles v. Detroit City Clerk (1988) 427 N.W.2d and the amendment procedures and vote are
188, 169 Mich.App. 797. subject to reversal. City of Midland v.Arbury
P.A.1909, No. 279, § 21, related solely to (1972) 197 N.W.2d 134, 38 Mich.App. 771.
charter amendments, and the provision for the Proposed change in city charter to add city
publication 'of an amendment originating in manager to officers subject to voter recall
the legislative body did not apply to a case of would effectively destroy the city manager
charter revision proposed by the legislative form of government and should be effected by
body or by petition. Common Council of City means of a charter revision rather than by
of Jackson v. Harrington (1910) 125 N.W. 383, amendment. Id.
160 Mich. 550. "Amendment" of city charter implies contin-
P.A.1895, No. 215, constituted the charter of uance of general plan with corrections. Kelly
a fourth class city incorporated thereunder and v. Laing (1932) 242 N.W. 891, 259 Mich. 212.
such charter might have been amended under Proposal in initiative petition to increase
the provisions of the Home Rule Act(P.A.1909, number of city commissioners was proper as
No. 279). Op.Atty.Gen.1947-48, No. 784, p. "amendment," not "revision" of city charter.
705. Kelly v. Laing (1932) 242 N.W. 891, 259 Mich.
A city adopting a charter under the Home 212.
Rule'Act, P.A.1909, No. 279,was not bound by Proposal in initiative petition to abolish of-
the provisions of the Fourth Class City Act, fice of city manager and vest his powers and
P.A.1895, No. 215. Op.Atty.Gen.1928-30, P- duties in city commission required revision,
191. not merely amendment, of charter. Id.
2. Legislative Intent P.A.1909, No. 279, § 18, providing that any
This section manifested a legislative inten- city desiring to revise its charter should do so
tion to provide for orderly change of the char- when its legislative body shall by a two-thirds
ter and not to sanction confusion in city vote"declare for a general revision of the char-
government,and it is necessary that all propos- ter, when an initiatory petition shall be
als pertaining to the same subject and directed presented therefor," as provided in P.A.1909,
193
I
e
r
117.21 HOME RULE CITIES
Note 3
No. 279, § 25, when construed in connection ployecs in another chapter of the charter,state-
with P.A.1909, No. 279, § 21, providing that ment on voting machines as to whether voters I
amendments to a charter might be proposed by were in favor of changing pension plan for
the legislative body on a two-thirds vote or by new employees in police and fire departments
initiatory petition as provided for,should have by providing that they shall be members of a
been construed as though the word "or" had retirement system similar to plan set forth in
been inserted between the words"charter"and specified chapter of charter, was not mislead-
"when" in the quoted clause, and the electors ing and complied with section of Home Rule
might have by petition compelled the submis- Act (§ 117.21) requiring that purpose of ero-
sion of the question of charter revision. Com- posed charter amendment be designated on
mon Council of City of Jackson v. Harrington ballots in a true and impartial statement. Id.
(1910) 125 N.W. 383, 160 Mich. 550. Inclusion in proposition to amend city char-
4. Power to amend ter submitted to electors of question of wheth-
Subject to constitutional restrictions,Legisla- er city should have charter power to acquire a
ture may amend charters of municipalities at city electric utility by condemnation or by
will, but Legislature does not have power to so franchise did not violate statutory requirement
amend with respect to purely local matters (P.A.1909, No. 279, § 21, as amended by P.A.
without approval of municipal electors. City 1939, No. 279) that related propositions of a
of Ecorse v. Peoples Community Hospital Au- subject be separately stated. Michigan Public I
thority (1953) 58 N.W.2d 159, 336 Mich. 490. Service Co. v. City of Cheboygan (1949) 37
City electors may amend charter, to abolish N.W.2d 116, 324 Mich. 309.
legislative body, and provide another and dif- A proposition,submitted to city electors,that
ferent body. Sprister v. City of Sturgis (1928) city come under provisions of act establishing
218 N.W. 96, 242 Mich. 68. system of pensions for members of police and
fire departments required only a majority vote Except as conferred by statute, city cannot
adopt charter amendment. Bowler v. Nagel for adoption. Wagner v. Holmes (1942) 5
g N.W.2d 513, 302 Mich. 636.
(1924) 200 N.W. 258, 228 Mich. 434.
Eikhoff Law (Local Acts 1899, No. 452) per- In submitting proposition to electors that
milting city of Detroit to amend charter was city come under provisions of act establishing
84 system of pensions for members of police and invalid. Elliott v. City of Detroit after
N.W. 820, 121 Mich. 611. fire departments, requirement of common
council in resolution of submission that a 1/5
Charters to municipal corporations are sub- majority vote was necessary for adoption was
ject to be amended at the pleasure of the Legis- mere "surplusage" when not required by stat-
latu're,and possess no powers not conferred by ute. Id.
the acts creating them. City of Detroit v.
Blackeby (1870) 21 Mich. 84, 4 Am.Rep. 450. 6. Formal requirements of amendments
A fourth class city cannot partially amend its Where chapter 21 of home rule city charter
charter under the home rule act so as to pro- provided for retirement system or pension
vide for biennial elections instead of annual plan for policemen and firemen, the proposed
elections. Op.Atty.Gen.1943-44,No.0-2201, p. charter amendment adding chapter 23 estab-
780. lishing for new policemen and firemen a re-
5. Proposition to amend tirement system similar to that provided for
other city employees in chapter 22 did not
Where proposed amendment to city charter violate statutory requirement that proposed
adding chapter establishing pension plan for amendment be confined to one subject on any
new employees in police and fire departments theory that proposed amendment not only add-
contained provision that investment power ed a new chapter but also amended chapter 21.
granted to trustees would be subject to condi- Thomson v.City of Dearborn (1957)81 N.W.2d
tions imposed by state upon life insurers, and 423, 348 Mich. 23.
such provision was struck and a new provision Proposed amendment to city charter which
was inserted that investments should be such embraced a tax limitation on real and personal
as were authorized by law, the change did not property,an income tax,and the disposition of
invalidate the amendment which was adopted revenues accruing from the income tax, sub-
at a special election 24 days after the change. mitted three separate propositions on which
Thomson v. City of Dearborn(1957)81 N.W.2d the voters were entitled to express separate
423, 348 Mich. 23. opinions, and amendment adopted as one
Where purpose of proposed amendment to proposition was invalid and could not autho-
city charter was establishment of pension for rize collection of such takes. House v. City of
new policemen and firemen of a character Saginaw et al. (1952)54 N.W.2d 314,334 Mich.
analogous to that provided for other city em- 241.
194
i
sS HOME RULE CITIES 117.21
Note 7
The use of the phrase "and/or" in proposed Co.v.City of Cheboygan(1949)37 N.W.2d 116,
te- amendments to city charter to authorize city to 324 Mich. 309.
or acquire and operate an electric utility, and in A home rule city may place in its charter by
is proposed franchise to operate the utility amendment any provision for its government
a and/or"distribution system,and in resolution or regulation of municipal affairs deemed ad-
in in calling
which amendments were proposed, and visable and not in contravention of general
g of election and in ballots, did not
d- statutory regulations and constitutional provi-
le invalidate election where question was not sions. Winter v.Shafter(1947)26 N.W.2d 893,
raised before election and there was no show- 317 Mich. 259.
o- ing of misunderstanding by electors as to sub-
in mitted proposal. Michigan Public Service Co. A city charter providing for filling vacancies
J. v.City of Cheboygan(1949)37 N.W.2d 116,324 in the office of commissioners by vote of the
r- Mich. 309. remaining members could not be suspended by
Election on proposed city charter amend- a proposed amendment, submitted by electors,
a p p Y to submit to electors the question of filling
I ments would not be declared invalid after fa- vacancies. Burns v. Stenholm (1945) 17
y vorable vote for alleged irregularity in method
it N.W.2d 781, 310 Mich. 639.
I of designating
gn g polling hours and places, and A home rule city may place in its charter,by
amendment duly adopted,any provision for its
a other irregularities going to form of submis-
sion,advertising,posting of notices,etc.,where
c electors had ample notice and opportunity to government or regulation of municipal affairs
7 become fully informed as to the proposed deemed advisable and not in contravention of
amendments, and no showing was made that the general statutory regulations and provi-
t any elector was misled. Id. sions of the Constitution. Motorcoach Opera-
g tors' Assn v. City of Detroit (1938) 279 N.W.
j Piecemeal amendments of existing city char- 527, 284 Mich. 321.
ters without previous revision or incorporating Provision of proposed home rule charter for
i mandatory provisions of Home Rule Act C.L. election of officers at special charter election
1929, § 2228 et seq., are not permissible. City was constitutional and valid as against conten-
t of Allegan v. Iosco Land Co. (1931) 236 N.W. tion that it provided for election of persons to
863, 254 Mich. 560. office before it had been determined that of-
Provision in city charter amendment setting fices should be created. Streat v. Vermilya
i fiscal year ahead six months, providing for (1934) 255 N.W. 604, 268 Mich. 1.
temporary tax levy to bridge six months' gap, A city having a home rule charter can issue
did not render charter amendment invalid. valid bonds which were authorized by the re-
City Commission of Jackson v. Hirschman quired number of voters, though the authority
(1931) 235 N.W. 265, 253 Mich. 596. was given at the same election at which an
Submission of a proposed amendment to the amendment to the charter was adopted, per-
charter of the city of Detroit to the electors mitting the issuance of bonds for that purpose.
thereof was sufficient to apprise the electors of City Commission of City of Jackson v. Vedder
the proposed amendment. Burton v. City of (1922) 187 N.W. 702, 218 Mich. 292.
Detroit (1916) 156 N.W. 453, 190 Mich. 195. A proposed amendment to change a home
7. Matters subject to amendment rule city charter from a council-manager form
of government to one where the office of may-
Propriety of amendments to city charter ap- or will be a full-time position with the respon-
proved by voters at election was not question sibility for the proper administration of the
for Supreme Court. Millard v. Guy (1952) 55 affairs of the city, and where the mayor has
i N.W.2d 210, 334 Mich. 694. the power to appoint the heads of all depart-
Under Constitution, authorizing city to issue merits, including city manager, would be a
mortgage bonds beyond general limit of bond- fundamental change in the government, and
ed indebtedness to acquire or operate public therefore, may be accomplished only through
utility, and authorizing city to grant a 20-year the charter revision process and not by a char-
franchise to operate utility as part of security ter amendment. Op.Atty.Gen.1976, No. 4916,
underlying mortgage, and under similar statu- p. 259.
tory provision, terms of franchise could be The board of supervisors of Ottawa county,
submitted in proposition for city charter by a three-five vote of its members may submit
amendments submitted to electors authorizing the question of withdrawal from the municipal
issuance of mortgage bonds by city which employees' retirement system to the electors of
sought charter amendment permitting acquisi- the county at a special election called and to be
tion of electric utility, notwithstanding statu- held for that purpose not less than 60 days
i tory requirement that propositions be sub- after action of the board. Op.Atty.Gen.1949-
mitted separately. Michigan Public Service 50, No. 1077, p. 425.
195
s•
a 117.21 HOME RULE CITIES
Note 7
City of fourth class may amend statutory mission of charter amendments at a regular
charter to permit tax levy up to 2%of assessed city or state and county election. Drain Com'r
value in excess of 15 mill rate limitation appli- of Oakland County v. City of Royal Oak(1943)
cable to county and school taxes. OpAtty.Gen. 10 N.W.2d 435, 306 Mich. 124.
1947-48, No. 784, p. 705. The charter amendments of several cities in
City of Detroit having adopted home rule drainage district authorizing contract between
charter may change time of holding elections such cities and county relating to establishing
by means of charter amendment without the and operating sewage disposal services were
necessity of obtaining an enabling act. Op. legally submitted to voters at regular fall state
Atty.Gen.1945-46, No. 0-3040, p. 182. and county election. Id.
8. Time and place for submission of amend- 10. Effective date of amendment
ment
The provision in this section for submission Amendment to charter of city of Highland
Park authorizing overtime compensation for
of charter amendment proposed by initiatory
city employees did not become immediately
petition to electors at next regular municipal
e
or state election, permits submission of such effective upon certification of election results,
but became effective only at start of next fiscal
amendment to voters only at a regular munici-
pal or state election. Millard ex rel. Reuter v. year after the election, in view of Home Rule
Cit of Bay City Act, C.L.1929, § 2228 et seq., and overtime
y y y (1952) 54 N.W.2d 635, 334 compensation could have been computed only
Mich. 514. from that time. Olson v. City of Highland
The submission of initiated amendment to Park (1946) 20 N.W.2d 773, 312 Mich. 688,
home rule city charter to voters at primary rehearing denied 21 N.W.2d 286, 312 Mich.
election was null and void in view of the provi- 688.
sion in this section for submission of city char-
ter amendments proposed by initiatory petition 11. Construction of amendments
to electors at next regular municipal or general Provision in civil service amendment to city
state election, and the charter provision as it of Flint charter must be read and construed in
existed prior to such amendment remained in connection with other provisions of the char-
force. Id. ter. Kane v. City of Flint (1955) 69 N.W.2d
P.A.1909, No.279,§ 21,required the submis- 156, 342 Mich. 74.
sion of amendments at the next ensuing elec- The amendments of a city charter are to be
tion, general or special. Attorney General v. construed as though they were a part of the
Common Council of Detroit (1912) 133 N.W. original charter. Field v. Board of Water
1090, 168 Mich. 249. Com'rs of City of Manistee (1909) 120 N.W.
Under Const.1908, Art. 8, § 21 (see, now, 610, 156 Mich. 186.
Const. Art. 7, § 22), providing that under gen-
eral laws the electors of each city may frame, 12. Operation and effect of amendment
adopt, and amend its charter, and P.A.1909, Voters would be held to have been familiar
No. 279, providing for the incorporation of with terms of proposed amendment to city
cities and authorizing, in P.A.1909, No. 279, charter when they voted at election in strict
§ 21, amendments proposed by the legislative accordance with usual procedure for charter
body or by initiatory petition, a revision of an amendments. Millard v. Guy (1952) 55
existing charter of a city must precede proceed- N.W.2d 210, 334 Mich. 694.
ings to amend the charter. Kuhn v. Common
Council of City of Detroit(1911) 129 N.W. 879, Resolution under which city charter amend-
164 Mich. 369. ments were submitted to electors pursuant to
this section was not required to detail what, if
9. Regular election any, other provisions of charter might be in-
The words "regular election" in this section consistent therewith, and were therefore re-
providing for submission of city charter pealed. Michigan Public Service Co. v. City of
amendment proposed by initiatory petition to Cheboygan (1949) 37 N.W.2d 116, 324 Mich.
electors at next municipal or state "regular 309.
election" do not include a primary election. An amendment to charter of a home rule
Millard ex rel.Reuter v.City of Bay City(1952) city by which a new and comprehensive sys-
54 N.W.2d 635, 334 Mich. 514. tem of civil service is established repeals all
The words "next regular spring or fall elec- special acts relating to appointment and re-
tion held in such city" within this section re- moval in individual departments, even though
quiring proposed charter amendment to be it contains no express repealing clause. Spris-
submitted to electors at next regular spring or ter v. City of Sturgis (1928) 218 N.W. 96, 242
fall election held in such city, authorizes sub- Mich. 68.
196
HOME RULE CITIES 117.22
Charter amendment proposed by legislative electors had ample notice and opportunity to
body of home rule city is not subject to charter become fully informed as to the proposed
authorizing mayor's veto. Op.Atty.Gen.1945- amendments, and no showing was made that
46, No. 0-2703, p. 72. any elector was misled. Id.
Municipal officers elected at same election at Where the amendment of the provision of a
which charter amendment is adopted provid- city charter requiring notice to the city of
ing longer terms of office may, if charter claims arising from its alleged negligence cov-
amendment becomes immediately effective, ers the entire ground as to the notice, etc., and
have benefit of extended terms. Op.Atty.Gen. is in direct conflict with the former provision,
1941-42, No. 22453, p. 556. such provision is repealed. Chamberlain v.
13. Irregularities, In general City of Saginaw (1903) 97 N.W. 156, 135 Mich.
Resolution under which city charter amend- 61.
ments were submitted to electors pursuant to Ambiguous and misleading notice ed special
this section was notspring election, substantial vari not required to detail what, if tax rate limitation question submitted r the
any, other provisions of charter (night be in- ance
consistent therewith, and were therefore re- derebetween the question voted upon and that super-
pealed. Michigan Public Service Co. v. Cityof visor submitted to electors by board ec super-
Cheboygan (1949) 37 N.W.2d 116, 324 Mich. visors and questions voted upon ee electors of
309. county, substantial variance between questions
voted
Election on proposed city charter amend- ofe ectorrs of county spart whole oton failure vote upon
ments would not be declared invalid after fa- any one question, plus use of ambiguous bal-
vorable vote for alleged irregularity in method lots from which intent of electors could not be
of designating polling hours and places, and determined, invalidated the entire election on
other irregularities going to form of submis- the special question. Op.Atty.Gen.1949-50, No.
sion,advertising,posting of notices,etc.,where 959, p. 238.
117.22. Submission to governor, approval; re-consideration
Sec. 22. Every amendment to a city charter whether passed pursuant to
the provisions of this act or heretofore granted or passed by the state
Iegislature for the government of such city, before its submission to the
electors, and every charter before the final adjournment of the commission,
shall be transmitted to the governor of the state. If he shall approve it, he
shall sign it; if not, he shall return the charter to the commission and the
amendment to the legislative body of the city, with his objections thereto,
which shall be spread at large on the journal of the body receiving them, and
if it be an amendment proposed by the legislative body, such body shall
re-consider it, and if Z/3 of the members-elect agree to pass it, it shall be
submitted to the electors. If it be an amendment proposed by initiatory
petition, it shall be submitted to the electors notwithstanding such objections.
Historical and Statutory Notes
Source: C.L.1929, § 2258.
P.A.1909, No. 279, § 22, Eff. Sept. 1, 1909. C.L.1948, § 117.22.
P.A.1913, No. 5, Imd. Eff. March 11, 1913. C.L.1970, § 117.22.
C.L.1915, § 3325.
Law Review Commentaries
Charter amending powers of cities under Mi-
chigan home-rule legislation. Robert E.Jacob-
son, 14 Mich.L.Rev. 281 (1916).
Library References
Municipal Corporations e-46.
WESTLAW Topic No. 268.
CJ.S. Municipal Corporations § 88 et seq.
197
„I
117.22 HOME RULE CITIES
Motes of Decisions
Approval of governor 1 ment was disregarded, proposed amendment
did not become effective. Op.Atty.Gen.1941-
42, No. 22453, p. 556.
1. Approval of governor
Where statutory procedure following gover-
nor's disapproval of proposed charter amend-
117.23. Publication of proposed charter or amendment; submission to
electorate; adoption
Sec. 23. (1) A proposed city charter and each amendment to an existing
city charter before submission to the electors, shall be published as the
charter commission or the legislative body may prescribe. A proposed
charter may be submitted to the qualified electors as an entirety in a single
proposition substantially as follows: "Shall the city charter proposed by the
city charter commission be adopted?” Adoption of a proposed charter shall
require a simple majority of those voting on the question.
(2) When submitting a proposed charter, separate propositions, on specific
charter provisions may also be submitted to the qualified electors. In such
case, all propositions shall be in such form as are approved by the attorney
general as to clarity and impartiality. If the proposed charter and any of the
separate propositions are adopted, the new charter shall take effect with the
alternatives or additions contemplated by such separate propositions as are
adopted. Adoption of a separate proposition which is an alternative to a
provision contained in the proposed charter shall require approval by a
majority of those voting on the separate proposition and also a majority of
those voting on the proposed charter; otherwise the adoption of a separate
proposition shall require a simple majority. The ballot shall contain voting
instructions and a brief explanation of the effect of each of the propositions.
Historical and Statutory Notes
Source: C.L.1948, § 117.23.
P.A.1909, No. 279, § 23, Eff. Sept. 1, 1909. C.L.1970, § 117.23.
P.A.1913, No. 5, Imd. Eff. March 11, 1913. P.A.1971, No. 223, § 1, Imd. Eff. Dec. 30,
C.L.1915, § 3326. 1971.
C.L.1929, § 2259.
Law Review Commentaries
Charter amending powers of cities under Mi- Charter elections, a choice between alterna-
chigan home-rule legislation. Robert E.Jacob- tives. George E. Ward, Mich. Municipal Rev.
son, 14 Mich.L.Rev. 281 (1916). 308 (1975).
Library References
Municipal Corporations a8, 46. C.J.S. Municipal Corporations §§ 10, 13, 14,
WESTLAW Topic No. 268. 88 et seq.
198
• I
7111FS HOME RULE CITIES 117.24
Notes of Decisions
ment Required vote 1 vote, became part of the charter. Maher v.
1941- City of Jackson(1916) 157 N.W.561, 191 Mich.
266.
1. Required vote Amendments to Home Rule charters require
A proposition submitted to city electors that only a majority vote unless independent sec-
city come under provisions of P.A.1937, No. tions, submitted with any charter or amend-
345, as amended, establishing system of pen- ment thereto, and not within the alternative.
sions for members of police and fire depart- Op.Atty.Gen.1926-28, p. 439.
to ments required only a majority vote for adop- Alternative provisions of a charter may be
tion. Wagner v. Holmes (1942) 5 N.W.2d 513, submitted along with the main charter or main
302 Mich. 636. amendment to the charter,and such provisions
ting Under P.A.1909, No. 279, § 23, a charter would require a three-fifths vote in order to
the commission could submit matters additional to carry them over the main provisions sub-
)sed the charter,which, if adopted by a three-fifths mitted. Op.Atty.Gen.1920, p. 134.
ogle
the 117.24. Charters or amendments, filing, effective date =
hall Sec. 24. If the charter, or any amendment thereto, whether of cities
incorporated under the provisions of this act, or under an existing charter of
�ific the city heretofore granted or passed by the legislature for the government of
;uch the city, be approved, then 2 printed copies thereof, with the vote for and
-ney against duly certified by the city clerk shall, within 30 days after the vote is
the taken, be filed with the secretary of state, and a like number with the county
the clerk of the county in which such city is located and shall thereupon become
are law, unless a different date for the taking effect of such charter or charter
o a
amendment, or any part thereof, is specifically set forth therein.
y a Historical and Statutory Notes
( of Source: C.L.1929, § 2260.
rate P.A.1909, No. 279, § 24, Eff. Sept. 1, 1909. P.A.1941, No. 175, Eff. Jan. 10, 1942.
Ling P.A.1913, No. 5, Imd. Eff. March 11, 1913. C.L.1948, § 117.24.
C.L.1915,§ 3327. C.L.1970, § 117.24.
)ns.
Cross References
Charter amendment, procedure, see § 117.21.
Revision of charter, see § 117.18.
30, Law Review Commentaries
Charter amendment powers of cities under
Michigan home-rule legislation. Robert E.Ja-
cobson, 14 Mich.L.Rev. 281 (1916).
sna-
Rev. Library References
Municipal Corporations«8, 46. M.L.P. Municipal Corporations § 5.
WESTLAW Topic No. 268.
CJ.S. Municipal Corporations §§ 10, 13, 14,
88 et seq.
14,
199
- Ir
• f:
�i
117.24 HOME RULE CITIES
Motes of Decisions
year beginning not earlier than sixty days fol-
In general 1
I lowing the election was controlling in the case
Correction of errors 4
Effective date 3 of an amendment within its terms since it
Filing 2 constituted an exception to the general rule
Presumptions 5 permitting a charter amendment to specify its
effective date. Op.Atty.Gen.1943--44, No.
24976, p. 160.
i. In general Amendment to charter of a home rule city
through its providing for increased expenditure of funds
A city in Michigan has no power, i
charter, to create exception to Michigan Death becomes effective only at the beginning of the
Act. Martz v.Consumers Power Co.(D.C.1952) fiscal year commencing not earlier than sixty
days following approval by electors, even
1 Frtz 853.
though no appropriation is made for such ex-
Though charters of cities in Michigan are enditures and although charter forbids over
B
enacted pursuant to Michigan law, they are not p
given status of state law, but are basic laws G 1943-44, Nopenditure of an0-637pp. 429. on. Op.Atty.
429.
respecting cities adopting them, subject always Municipal officers elected at same election at
to state Constitution and laws. Id.
City adopting charter under the Home Rule which charter amendment is adopted provid-
Act, P.A.1909, No. 279, was not bound by the ing longer terms of office may, if charter
provisions of the fourth class city act,P.A.1895, amendment becomes immediately effective,
No. 215. Op.Atty.Gen.1928-30, p. 191. have benefit of extended terms. Op.Atty.Gen.
1941-42, No. 22453, p. 556.
2. Filing The language of P.A.1909, No. 279, § 24,
Whether this section, providing for copies of provides that if the charter is approved two
amendment to city charter to be filed with copies thereof shall be filed with the secretary
secretary of State and court clerk within 30 of state, and a like number with the county
days after favorable vote by electors, at which clerk of the county in which such city is locat-
time the amendment shall become law, unless ed and shall thereupon become law. Op.Atty.
a different date for amendment to take effect is Gen.1914, p. 262.
set forth therein, permitted amendments to be
effective before the filing as provided for by 4. Correction of errors
resolution under which amendments were sub- A clerical error may be corrected in a pro-
nutted to electors, was a moot question and posed city charter before being finally printed
would not be decided by Supreme Court after or distributed by the city clerk. Op.Atty.Gen.
lapse of 30-day period. Michigan Public Ser- 1912, p 226.
vice Co.v.City of Cheboygan(1949)37 N.W.2d
j 116, 324 Mich. 309. S. Presumptions
3. Effective date Where petitions for special election to
amend city charter are in proper form, they
Amendment to charter of city of Highland are presumed to be valid and to have been
Park authorizing overtime compensation for completed in accordance with circulator's affi-
city employees did not become immediately davit, but, on showing by city clerk of suffi-
effective upon certification of election results, cient magnitude tending to rebut presumption,
but became effective only at start of next fiscal presumption will disappear,and compliance of
year after the election, in view of Home Rule titions with this section must be affirmative-
Act, C.L.1929, § 2228 et seq., and overtime Pe
shown. Grosse Pointe Farms Fire Fighters
compensation could have been computed only Ass n v Caputo (1 Pointe
15a N.W.2dFire 695, 11
from that time. Olson v. City of Highland Assn . 112.
Park (1946) 20 N.W.2d 773, 312 Mich. 688, Once validity of signatures upon petitions for
rehearing denied 21 N.W.2d 286, 312 Mich.
688 special election to amend city charter is called
A provision making a charter amendment into question and affidavits are shown to be
contemplating increased
expenditures
the fiscal impr ,tions disappears. Ilion of propriety of peti-
effective only the beginning
200
HOME RULE CITIES 117.25
117.25. Initiatory petition, contents, verification, signatures, perjury, can-
vass, certification of sufficiency; submission of amendment to
electors special election; proposals contemplating increased
expenditure of funds; proposal increasing ad valorem property
tax limitation; actions
Sec. 25. (1) An initiatory petition authorized by this act shall be addressed
to and filed with the city clerk. The petition shall state what body or
organization, if any, or if no body or organization, then what persons are
primarily interested in and responsible for the circulation of the petition and
the securing of the amendment. Each sheet of the petition shall be verified
by the affidavit of the person who obtained the signatures to the petition and
shall be signed by at least 5% of those persons residing in and registered to
vote in the municipality, the charter of which is to be amended, as of the date
when they signed the petition. Each signer of the petition shall inscribe upon
it, immediately after his or her signature, the date of signing and his or her
street address. Any signatures obtained more than 1 year before the filing of
i
the petition with the city clerk shall not be counted.
(2) The verification shall state that the petition was circulated at the request
of and pursuant to the directions of the association, organization, or persons
desiring the amendment and shall also state that the signatures were obtained
by the person verifying the petition; that the signatures are the signatures of
the persons purporting to sign the same and that each of them signed in his or
her presence; and that the person verifying the petition has good reason to
believe and verily does believe that the signers of the petition are duly
k. registered electors of the municipality and are the identical persons their
signatures purport them to be.
(3) Any person who shall wilfully affix another's signature, or subscribe
and swear to a verification false in any material particular is guilty of perjury;
and any person who shall take the oath of another to the petition not knowing
him or her to be the identical person he or she represents himself or herself to
be or knowing that the petition or any part thereof is false or fraudulent in
any material particular, or who shall falsely represent that the proposed
amendment is proposed by parties other than the true sponsors, is guilty of a
F felony and shall be liable to the same punishment as provided for perjury.
(4) Upon receipt of the petition, the city clerk shall canvass it to ascertain if
it has been signed by the requisite number of registered electors. For the
purpose of determining the validity of the petition, the city clerk may cause
any doubtful signatures to be checked against the registration records of the
city. Within 45 days from the date of the filing of the petition, the city clerk
shall certify the sufficiency or insufficiency thereof. If the petition contains
the requisite number of signatures of registered electors, the clerk shall cause
the proposed amendment to be submitted to the electors of the city at the next
regular municipal or general state election held in the city which shall occur
not less than 90 days following the filing of the petition.
201
,I
HOME RULE CITIES
117.25
When the petition shall contain the number of signatures
touvote inual the�or
as
(5) o persons residing in and g
excess of 20/o of those p petition shall request that the
of the date when they signed
shall be submittthen the ted at a special election to be f the date
Proposal petitioned foed for
the purposthe city clerk within 90
e of submitting the sameshall all a special election o be held not less than
of the filing of the petition, te ofpetition unless a
120 days nor more than 130 days after or a the saec al election shall have been or
primary or regular election shall occur P
to be held within 150 days after the date of
shall be called for other purposes shall be submitted at such
the filing of the petition. In that event the proposal eci
primary, regular, or special election and a y al election shall not be so
o petition or proposed by
called. Other proposals, whether initiated by a 5/o P rovided, may be sub-
E I the legislative body within the times within this act py the
ection. A proposal submittedes
votes e electors b
mttted at such special el cast thereon shall
initiative and receiving an affirmative majority of t
tutional, invalid, or void on Was procured. in
not
be held unconsti
sufficiency
of the petition by which submission of the � any proposal contemplating
(6) Except as provided by subsection ( )�
expenditure of funds by the municipality shall become earcof the
increased expend at the beginning of that f1 Y
adopted by the electors, only s following the election at
municipality commencing
as approved n ot 1by the elecier thanOtors.
which the proposal wem property tax limlta-
(7) If a proposal which increases the city's period commencing before the
tion applies, by its terms, for a specific year or p
the
date the proposal would otherwise take effect under
rosubsection e electors
proposal shall be effective both from the date it is app Notwith-
and retroactively for the year or period specified in the proposal. roved by
standing any charter provision to the contrary, if a proposal is app its
the electors and given effect under this subsection after the city has proposal
ad valorem property tax levy for the fiscal year and if the during which the .
authorizes the levy of a millag
e rate for the fiscal year during
roved in excess of the rate the city
itya as authorized
d ttaxo
levy
proposal was app ro os A, the city may levy
o be
before adoption of the p P billing by the city or at the same time and
collected either by a supplementary g ro ert tax levy is collected.
in the same manner the countyany valorem tion, orpfa lure of action, of the city
(8) Any person aggrieved by
bring an action against the clerk in the circuit court for writ of
clerk may b g appropriate relief.
mandamus or for other apPro p Imd. Eff. July 1, 1982.
Amended by P.A.1982, Into. 200. § l
Historical and statutory Notes
p,A.1919, No. 403, Eff. Aug. 14, 1919.
Source: t. 5, 1927.
Eff. Sept. 1, 1909. P.A.1927, No. 187. Eff. Sep
P.A.19o9, No. 279, § 25, 1 ept. C.L.1929, § 2261_ t 29, 1939.
P.A.1911. No. 203, Eff. Aug. 1913. P.A•1939, No. 279, Eff. Sep • 1947.
P.A_1913, No. 5, Imd. Eff. March 11, p.A•1947, No. 87, Imd. EEf. May 12,
C.L.1915, § 3328.
P.A.1917, No. 6, Imd. Eff. March 9, 1917. C.L.1948, § 117.25.
202
l
HOME RULE CITIES 117.25
Note 2
P.A.1969, No. 114, § 1, Imd. Eff. July 29, Validity:
1969. P.A.1911, No. 203, was held unconstitutional
C.1_1970, § 117.25. and void, see the Historical and Statutory
Notes following§ 117.1.
Cross References
Buildings, parking lots or structures, recreational facilities, or stadiums, rejection of referendum
petitions, see § 123.958b.
Clerk of municipal authority, power to reject signatures on referendum petition, application of
this section, see § 124.288.
County public improvements, petitions, see § 46.175b.
Definitions,
General election, see § 168.5.
Special election, see § 168.6.
General election law, see § 168.1 et seq.
Initiative and referendum, see § 168.471 et seq.; Const. Art. 2, § 9.
Perjury, see § 750.422 et seq.
Port authorities, revenue bonds, referendum petitions, see § 120.114.
Revenue bond issue, referendum petition, checking signatures, application of this section, see
§ 141.133.
Law Review Commentaries
Charter amending powers of cities under Mi-
chigan home-rule legislation. Robert E.Jacob-
son, 14 Mich.L.Rev. 281 (1916).
Library References
i Municipal Corporations Q---46. CJ.S. Municipal Corporations § 88 et seq.
WESTLAW Topic No. 268. M.L.P. Municipal Corporations § 5.
Notes of Decisions
Expenditure of funds 5 when its legislative body shall by a two-thirds
Mandamus 6 vote"declare for a general revision of the char-
Petition 1 ter, when an initiatory petition shall be
Power of board 3 presented therefor," as provided in P.A.1909,
Time and place of election 4 No. 279, § 25, when construed in connection
Verification of signatures 2 with P.A.1909, No. 279, § 21, providing that
amendments to a charter may be proposed by
the legislative body on a two-thirds vote or by
1. Petition initiatory petition as provided for must be con-
City clerk had authority to reject bond issue strued as though the word"or"had been insert-
referendum petitions that did not contain ed between the words"charter" and "when" in
name of persons or organization responsible the quoted clause, and the electors may by
for circulation, as required by this section. petition compel the submission of the question
Herp v. Lansing City Clerk (1987) 416 N.W.2d of charter revision. Common Council of City
367, 134 Mich.App. 150. of Jackson v. Harrington (1910) 125 N.W. 383,
Case involving validity of petition for special 160 Mich. 550.
election to amend city charter involved public 2. Verification of signatures
question, and no costs would be awarded. Where one circulator of petitions for special
Grosse Pointe Farms Fire Fighters Assn v. Ca- election to amend city charter was shown to
puto(1968) 157 N.W.2d 695, 11 Mich.App. 112. have admitted that his verification as to signa-
Initiative petition to amend city charter may tures was not true statement, burden passed to
embrace only one amendment,though consist- sponsors to show that other affidavits were not
ing of several sections germane to purpose of subject to question or that sufficient valid sig-
amendment. Kelly v. Laing (1932) 242 N.W. natures were included to place matter on elec-
891, 259 Mich. 212. tion,and for want of their affirmative showing
P.A.1909. No. 279, § 18, providing that any they were not entitled to relief against city
city desiring to revise its charter shall do so clerk who refused to certify. Grosse Pointe
M.C.LA§§ 117.1 to,24.Enw--e 203
1
117.25 HOME RULE CITIES
Note 2
Farms Fire Fighters Assn v.Caputo(1968) 157 3. Power of board
i N.W.2d 695, 11 Mich.App. 112. Even though board of election commission-
In proceedings involving validity of petitions ers' refusal to place petition for charter change
for special election to amend city charter,testi- on ballot exceeded board's statutory power,
mony of city clerk regarding his examination board could quite properly enjoin city clerk
of signatures is to be considered but is not from usurping board's right to prepare and
decisive. Grosse Pointe Farms Fire Fighters print the ballots. City of Roseville Bd. of City
Assn v. Caputo (1968) 157 N.W.2d 695, 11 Election Com'rs v. City of Roseville City Clerk
Mich.App. 112. (1974) 220 N.W.2d 181, 53 Mich.App. 477.
In absence of statutory investigation by city 4. Time and place of election
clerk of genuineness of signatures and truth or The board of supervisors of Ottawa county,
falsity of affidavits to initiatory petition for b a s/s vote of its members may submit the
special election to amend municipal charter, Y
filing of petition in proper form and with cor- Yquestion of withdrawal from the municipal
g Prima P em to ees' retirement system to the electors of
1, rect number of signatures makes out a
the county at a special election called and to be
facie petition, requiring clerk to call proposed
election. Fontana v. Lindholm (1936) 267 held for that purpose not less than 60 days
N.W. 860, 276 Mich. 361. after action of the board. Op.Atty.Gen.1949-
50, No. 1077, p. 425.
Where city clerk's investigation revealed that
initiatory petition for special election to amend 5. Expenditure of funds
municipal charter contained spurious signa- A provision making a charter amendment
tures, that several of signers were not qualified contemplating increased expenditures of funds
electors, that several affidavits attached to peti- effective only at the beginning of the fiscal
tion were false, and that notary public did not year beginning not earlier than sixty days fol-
properly administer oath required for affidavit, lowing the election was controlling in the case
presumption of petition's legality vanished, of an amendment within its terms since it
and failure of proponents thereof to show that constituted an exception to the general rule.
all essential requirements of act had been com- Op.Atty.Gen.1943-44, No. 24976, p. 160.
plied with was fatal. Id.
A qualified voter is one, who, under the 6. Mandamus
constitution, is entitled to vote even though he Method by which city clerk should proceed
had failed to register in such time and manner to effectuate his statutory this section mandate
as to entitle him to exercise the constitutional to place petition for charter change upon ballot
privilege, and he may sign the petition. Op. is to seek writ of mandamus against board of
Atty.Gen.1935-36, No. 32, p. 102. election commissioners ordering that board to
A spurious signature ordinarily does not viti- discharge its duty and to refrain from exceed-
ate a petition nor even the page of the petition ing its statutory duty. City of Roseville Bd. of
and without express provisions to the contrary, City Election Com'rs v. City of Roseville City
i no qualified elector should be disenfranchised Clerk (1974) 220 N.W.2d 181, 53 Mich.App.
through an arbitrary ruling of any officer. Id. 477.
i
117.26. Elections, general provisions
Sec. 26. All elections held hereunder shall be paid for by the locality
I ' where held, and except as now otherwise provided by law or ordinance shall
receive such publication and notice as the legislative body may determine,
and shall be arranged for, held and conducted by the same officers and in the
{ same manner as near as may be as general biennial fall elections.
Historical and Statutory Notes
Source: C.L.1929, § 2262.
P.A.1909, No. 279, § 26, Eff. Sept. 1, 1909. C.L.1948, § 117.26.
C.L.1915, § 3329. C.L.1970, § 117.26.
Cross References
General election law, see § 168.1 et seq.
204
i
i
76 77 750.492
3UBLIC ACT 279 OF 1986. meanor, punishable by imprisonment in the state prison not more than 2
y transfer judges from the circuit court years or by a fine of not more than $1,000.00.
s pursuant to section 23 of article VI of 750.492 PUBLIC RECORDS; INSPECTION, USE, COPYING, RE-
court of appeals to act as temporary MOVAL. PUBLIC ACT 109 OF 1970.
to replace disabled or disqualified
oeals temporarily to not more than 36 Sec. 492. Any officer having the custody of any county, city or township
appeals is considered by the supreme records in this state who shall when requested fail or neglect to furnish
.ppeals sits in panels, the temporary proper and reasonable facilities for the inspection and examination of the
el. Not more than 1 temporary judge records and files in his office and for making memoranda of transcripts
temporary judge is disqualified from therefrom during the usual business hours, which shall not be less than 4
es tried before him or her in the trial hours per day,to any person having occasion to make examination of them
for any lawful purpose shall be guilty of a misdemeanor, punishable by
imprisonment in the county jail not more than 1 year, or by a fine of not
more than$500.00. The custodian of said records and files may make such
/ING ELECTIONS reasonable rules with reference to the inspection and examination of them
as shall be necessary for the protection of said records and files, and to
LECTIONS; FILING, LACHES. PUB- prevent interference with the regular discharge of the duties of such officer.
The officer shall prohibit the use of pen and ink in making copies or notes
in any circuit court of this state affect- of records and files in his office. No books, records and files shall be
ididates, qualifications of candidates, removed from the office of the custodian thereof, except by the order of the
shall be a rebuttable presumption of judge of any court of competent jurisdiction, or in response to a subpoena
s than 28 days prior to the date of the duces tecum issued therefrom, or for audit purposes conducted pursuant
iot apply to actions brought after the to Act No. 71 of the Public Acts of 1919, as amended, being sections 21.41
to 21.53 of the Compiled Laws of 1948, Act No. 52 of the Public Acts of
1929, being sections 14.141 to 14.145 of the Compiled Laws of 1948 or Act
No. 2 of the Public Acts of 1968, being sections 141.421 to 141.433 of the
I PENAL CODE Compiled Laws of 1948 with the permission of the official having custody of
the records if the official is given a receipt listing the records being
OVAL, MUTILATION OR DESTRUC- removed.
7 OF 1964.
s or records created by or received in
Michigan or its political subdivisions,
Dlonging to the people of the state of
ds shall be disposed of only as pro-
of the Public Acts of the First Extra
;tion 18.13c of the Compiled Laws of
e Public Acts of 1913, as amended,
Laws of 1948 and sections 2137 and
As of 1961, being sections 600.2137
of 1948.
away, mutilate or destroy any of such
the same, and any person who shall
ession of any books, papers or rec-
aforesaid offices and shall refuse to
is, or parts thereof to the proper off i-
iich such books, papers, or records
such officer or, in cases of a defunct
fission, shall be guilty of a misde-