CITY COUNCIL

(a) Composition. There shall be a city council composed of the mayor and four (4) members; the council members shall be elected by the voters of the city at large and the mayor shall be elected as provided in Section 2.03 of this charter. 

(b) Eligibility. Only registered voters residing in the city shall be eligible to hold the office of council member or mayor.

(c) Election and Terms. The regular election of council members shall be held on the first Tuesday after the first Monday of November in each even numbered year, as resolved by the Council for the City of Crystal Falls on January 12, 1971 in compliance with Sec.644(1) Sub Sec. 1, Act No. 239, Public Acts of 1970. The terms of the council members shall begin the day of the first council meeting after their election and be for a period of four years.

Section 2.03. Mayor. 

At a regular election a mayor shall be elected for a term of four (4) years. The mayor shall be a member of the city council and shall preside at meetings of the council, represent the city in intergovernmental relationships, appoint with the advice and consent of the council the members of citizen advisory boards and commissions, present an annual state of the city message, and perform other duties specified by the council. The mayor shall be recognized as the Chief Executive officer of the city government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties. The council shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor and, if a vacancy occurs, shall become mayor for the remainder of the unexpired term.

Section 2.04. Compensation; expenses.

The compensation of the city council shall be set by a compensation commission as provided by ordinance. The council members shall receive the actual necessary expenses incurred in the performance of their duties of office.

Section 2.05. Prohibitions.

(a) Holding Other Office. Except where authorized by law, no council member shall hold any other elected public office during the term for which the member was elected to the council. No council member shall hold any other city office or employment during the terms for which the member was elected to the council. No former council member shall hold any compensated appointive office or employment with the city until two years after the expiration of the term for which the member was elected to the council. Nothing in this section shall be construed to prohibit the council from selecting any current or former council member to represent the city on the governing board of any regional or other intergovernmental agency.

(b) Appointments and Removals. Neither the city council nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees.

(c) Interference with Administration. The council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. 

(a) Vacancies. The office of a council member shall become vacant upon the member's death, resignation, removal from office or forfeiture of office in any manner authorized by law. 

(b) Forfeiture of Office. A council member shall forfeit that office if the council member:

(1) Lacks at any time during the term of office for which elected any qualification for the office prescribed by this charter or by law,

(2) Violates any express prohibition of this charter,

(3) Is convicted of a crime involving moral turpitude, or

(4) Fails to attend three consecutive regular meeting of the council without being excused by the council.

(c) Filling of Vacancies. A vacancy in the city council shall be filled for the remainder of the unexpired term, if any, at the next regular election following not less than sixty (60) days upon the occurrence of the vacancy, but the council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the council fails to do so within thirty (30) days following the occurrence of the vacancy, the election authorities shall call a special election to fill the vacancy, to be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy, and to be otherwise governed by law. Notwithstanding the requirement in §2.10, if at any time the membership of the council is reduced to less than four (4), the remaining members may by majority action appoint additional members to raise the membership to five (5). 

The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office. The council shall have the power to set additional standards of conduct for its members beyond those specified in the charter and may provide for such penalties as it deems appropriate, including forfeiture of office. In order to exercise these powers, the council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing, notice of said hearing shall be given the official at least three (3) days in advance, and further, notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Decisions made by the council under this section shall be subject to judicial review.

The city council shall appoint and fix the compensation of an officer of the city who shall have the title of city clerk. The city clerk shall give notice of council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned by this charter or by the council or by state law.

The city council shall provide for an independent annual, or as often as dictated by state law, audit of all city accounts and may provide for more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, but the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section. 

(a) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or of two (2) or more members and, whenever practicable, upon no less than eighteen (18) hours notice to each member. Except as allowed by state law, all meetings shall be subject to the Open Meetings Act.

(b) Rules and Journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record kept in the English language and available to the general public in compliance with the Freedom of Information Act.

(c) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Three (3) members of the council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. No action of the council, except as otherwise provided in the preceding sentence and in §2.06(c), shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the council.

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 council shall be by ordinance which:

(1) Adopt or amend an administrative code or establish, alter, or abolish any city department, office or agency;

(2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;

(3) Levy taxes;

(4) Grant, renew or extend a franchise;

(5) Regulate the rate charged for its services by a public utility;

(6) Authorize the borrowing of money;

(7) Convey or lease or authorize the conveyance or lease of any lands of     the city;

(8) Regulate land use and development; and

(9) Amend or repeal any ordinance previously adopted.

Acts other than those referred to in the preceding sentence may be done by either ordinance or resolution.

(a) Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Crystal Falls hereby ordains..." Any ordinance which repeals or amends an existing ordinance or part of the city code shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matters to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matters by underscoring or by italics.

(b) Procedure. An ordinance may be introduced by any member at any regular or special meeting of the council. Ordinances may be enacted, amended or repealed by the affirmative vote of not less than three members of the council. Upon introduction of any ordinance, the City Clerk shall distribute a copy to each council member and to the city manager, shall file a reasonable number of copies in the office of the city clerk and such other public places as the council may designate, and shall publish a notice setting out the time and place for a public hearing thereon and for its consideration by the council. The public hearing may be held at a special or regular meeting of the council and all persons interested shall have an opportunity to be heard. After the hearing the council may adopt the ordinance with or without amendment or reject it, but if it is amended as to any matter of substance, the council may not adopt it until the ordinance or its amended sections have been subjected to all the procedures herein before required in the case of a newly introduced ordinance. Each ordinance shall be published as soon as practicable after its adoption in one of the following two methods:

(1) The full text thereof may be published in a newspaper as prescribed in §2.12(d) or

(2) In cases of ordinances over five hundred (500) words in length a summary or statement of purpose of the ordinance, and a notice approved by the council of the places where copies of it have been filed and the times when they are available for review, approved by the council, may be published in a newspaper as prescribed in §2.12(d)

(c) Effective Date. Except as otherwise provided in this charter, every adopted ordinance shall become effective at the expiration of 30 days after adoption or at any later date specified therein.

(d) "Publish" Defined. As used in this section, the term "publish" means to print in one or more newspapers of general circulation in the city: (1) The ordinance or a brief summary thereof, and (2) the places where copies of it have been filed and the times when they are available for public inspection and/or purchase at a reasonable price.

(e) Penalties for Violations of Ordinances. Any ordinance may provide for the punishment of those who violate its provisions. The punishment shall not exceed a fine of five hundred dollars or imprisonment for ninety days, or both at the discretion of the court.

To meet a public emergency affecting life, health, property or the public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided in §5.07(b). An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three (3) members shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon publication or at such later time as it may specify. Every emergency ordinance except one made pursuant to §5.07(b) shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that: 

(1) The requirements of §2.12 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance, and

(2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city clerk pursuant to §2.15(a).

(a) Authentication and Recording. The city clerk shall authenticate by signing and shall record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the city council.

(b) Printing of Ordinances and Resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinance, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the council. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the constitution and other laws of the state of Michigan, or the codes of technical regulations and other rules and regulations.

An ordinance may be initiated by petition, or a referendum on an enacted ordinance may be had by petition, as hereinafter provided. 

(a) Initiative and Referendary Petitions. An initiatory or referendary petition shall be signed by not less than ten per cent of the registered electors of the city, as of the date of the last regular city election, and all signatures on said petition shall be obtained within thirty days before the date of filing the petition with the clerk. Any such petition shall be addressed to the council. No such petition need be on one paper, but may be the aggregate of two or more petition papers identical as to contents and simultaneously filed by one person. An initiatory petition shall set forth in full the ordinance it proposes to initiate, and no petition shall propose to initiate more than one ordinance or part thereof it proposes to have repealed. Each signer of a petition shall sign his name, date of signing, and street address of residence. To each petition there shall be attached a sworn affidavit by the circulator thereof, stating the number of signers and attesting to the authenticity of each signature and that it was signed in the presence of the circulator. Such petition shall be filed with the Clerk who shall, within fifteen (15) days, canvass the signatures thereon. If the petition does not contain a sufficient number of signatures of the registered electors of the city, the clerk shall notify immediately the person filing such petition and fifteen (15) days from such notification shall be allowed for the filing of supplemental petition papers. When a petition with sufficient signatures is filed within the time allowed by this section, the clerk shall present the petition to the council at its next regular meeting.

(b) Council procedure on Initiatory and Referendary Petitions. Upon receiving an initiatory or referendary petition from the clerk, the council shall within thirty (30) days, unless otherwise stated by statute, either

(1) Adopt the ordinance as submitted by an initiatory petition

(2) Repeal the ordinance, or part thereof, referred to by a referendary petition; or

(3) Determine to submit the proposal provided for in the petition to the electors. Should this be the case the proposal shall be submitted at the next election held in the city for any other purpose, or at the discretion of the council, at a special election called for that specific purpose.

(c) Ordinance suspension. Upon presentation to the council by the clerk of a valid and sufficient referendary petition the clerk shall automatically suspend the operation of the ordinance in question pending repeal by the council or final determination by the electors.

(d) Miscellaneous provisions on Initiatory & Referendary Petitions. An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed for a period of one year after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be reenacted for a period of one year after the date of the election at which it was repealed. Any ordinance may be adopted, amended, or repealed at any time by appropriate referendum or initiatory procedure in accordance with the foregoing provisions of this chapter or if submitted to the electorate by the council on its own motion. If two or more ordinances adopted at the same election shall have conflicting provisions, the provisions in the ordinance receiving the highest number of affirmative votes shall govern.

The council shall see that provision is made for the public peace and health, and for the safety of persons and property.