ARTICLE V. BOARDS AND COMMISSIONS

DIVISION 1. GENERALLY

2-3562-370 Reserved.

DIVISION 2. PLANNING COMMISSION

2-371 Scope, purpose and intent.

This division is adopted pursuant to the authority granted to the city under the Michigan Planning Enabling Act, Public Act No. 33 of 2008 (MCL 125.3801 et seq.) to establish a City Planning Commission with the powers, duties and limitations provided by those Acts and subject to the terms and conditions of this division and any future amendments to this division.

The purpose of this division is to provide that the City of Pontiac shall hereby confirm the establishment under the Michigan Planning Enabling Act, Public Act No. 33 of 2008 (MCL 125.3801, et seq.) to establish the appointments, terms, and membership of the city planning commission; to identify officers and the minimum number of meetings per year of the city planning commission; and to prescribe the authority, powers and duties of the city planning commission.

(Ord. No. 2222, § 2 (Exh. A), 5-20-11; Ord. No. 2224, § 1, 5-20-11)

2-372 Composition; terms.

(a)    Under and by virtue of the authority in Act No. 33 of the Public Acts of Michigan of 2008 (MCL 125.3801 et seq.), there is created a city planning commission, formerly established under the former Act No. 285 of the Public Acts of Michigan of 1931 (MCL 125.31 et seq.). The city planning commission shall consist of six (6) resident persons plus one (1) ex officio member for a total of seven (7) members. The resident persons shall be appointed by the mayor, subject to approval by a majority vote of the City Council, or, in the event of an appointment of an Emergency Manager under the Local Government and School District Fiscal Accountability Act, Act No. 4 of the Public Acts of Michigan of 2011 (MCL 141.1501 et seq.), the Emergency Manager shall appoint the members without any vote by the City Council, as provided in state law.

(b)    City planning commission members shall be qualified electors of the city (i.e., a United States citizen who is eighteen (18) years old, and who has been a resident of the State of Michigan for six (6) months and a resident of the City for at least thirty (30) days), except that one city planning commission member may be an individual who is not a qualified elector of the City.

(c)    An appointed member of the city planning commission shall hold no other municipal office, except that one member may be a member of the zoning board of appeals or a member of the joint fire administrative board, except one ex officio member. No elected officer or employee of the City is eligible to be a member of the city planning commission, except one ex officio member.

(d)    The term of each appointed member shall be three (3) years and shall serve for the terms herein specified, unless removed before the expiration of the term pursuant to this division or state law and except as provided in subsection (f) below.

(e)    Members of the city planning commission shall represent, insofar as is possible, different professions or occupations. By way of example and to the extent practicable, members should come from the economic, governmental, educational, and social development segments of the City of Pontiac, in accordance with the major interests as they exist in the City of Pontiac, such as agricultural, natural resources, recreation, education, public health, government, transportation, industry, and commerce. The membership shall also be representative of the entire territory of the City of Pontiac to the extent practicable.

(f)    The terms of the six (6) resident members shall be for three (3) years and commence on July 1, 2011; provided, however, that three members of the first city planning commission to be appointed hereunder shall serve until June 30, 2012, two members until June 30, 2013, and two members until June 30, 2014. Thereafter all members shall be appointed for a term of three years and shall serve until their successors are appointed and qualified. The term of ex officio member shall be concurrent with the term of office of the Mayor of the City of Pontiac. A member will hold the position until a successor is appointed, although the mayor or, in the event of an appointment of an Emergency Manager under the Local Government and School District Fiscal Accountability Act, Act No. 4 of the Public Acts of Michigan of 2011 (MCL 141.1501 et seq.), the Emergency Manager, shall nominate an appointee three (3) months prior to the expiration of a sitting appointee’s term for consideration as an appointee under the provisions of this division.

(g)    The ex officio member shall include the mayor or a person designated by him.

(h)    No member of the city planning commission shall receive any compensation as such.

(i)    The service of current members of the city planning commission shall terminate on June 30, 2011 (whether their terms are expired or unexpired), replaced by the members appointed under this division on July 1, 2011. Notwithstanding the foregoing, such current members of the city planning commission may apply for appointment to the new city planning commission created under this division.

(Ord. No. 2222, § 2 (Exh. A), 5-20-11; Ord. No. 2224, § 2, 5-20-11; Ord. No. 2236, § 1, 12-5-11)

Cross references—Buildings and building regulations, ch. 22.

State law references—Michigan Planning Enabling Act, MCL 125.3801 et seq.

2-373 Officers’ election; meeting.

(a)    The city planning commission shall elect its chairman from among the appointed members and create and fill such other of its offices as it may determine. The term of chairman shall be one (1) year, with eligibility for reelection.

(b)    The city planning commission shall hold at least one regular meeting in each month.

(c)    The city planning commission shall comply with the Open Meetings Act.

(Ord. No. 2222, § 2 (Exh. A), 5-20-11; Ord. No. 2224, § 3, 5-20-11)

2-374 Removal of city planning commission member vacancy.

(a)    Members of the city planning commission may, after written charges and a public hearing occurring no sooner than ten (10) days after the preparation of written charges, be removed by the mayor for the following reasons: conflict of interest; inefficiency; neglect of duty; malfeasance, misfeasance or nonfeasance in office; lack of qualifications; incompetency; misconduct; conviction of a felony; or a violation of this charter (including the charter’s conflict of interest provisions) or any job-related ordinance, rule or regulation. In the event of an appointment of an Emergency Manager under the Local Government and School District Fiscal Accountability Act, Act No. 4 of the Public Acts of Michigan of 2011 (MCL 141.1501 et seq.), the Emergency Manager may remove a member for any reason as provided by Act No. 4 of the Public Acts of Michigan.

(b)    Members shall disclose of all potential conflicts of interest and may not vote on a matter for which the member has a conflict of interest. Failure to disclose potential conflicts of interest or voting on matters for which the member has a conflict of interest is considered malfeasance in office.

(c)    In the case of the termination of membership of any member of the city planning commission before the expiration of his term, through resignation, removal or any other reason, the vacancy shall be filled by appointment by the mayor, subject to the approval by a majority vote of the members of the city council, for the unexpired term of the member whose membership has terminated or, in the event of an appointment of an Emergency Manager under the Local Government and School District Fiscal Accountability Act, Act No. 4 of the Public Acts of Michigan of 2011 (MCL 141.1501 et seq.), the Emergency Financial Manager shall fill the vacancy with an appointment with no vote by the City Council required, as provided in state law.

(Ord. No. 2222, § 2 (Exh. A), 5-20-11; Ord. No. 2224, § 4, 5-20-11)

2-375 City liability limited; expenditures.

No liability shall be incurred by the city planning commission, nor shall any employee be hired or contract made with any person, except on the approval of the city planning commission by resolution. No expenditure of any funds shall be made unless such funds are first appropriated and set aside by the city planning commission.

(Ord. No. 2222, § 2 (Exh. A), 5-20-11; Ord. No. 2224, § 5, 5-20-11)

2-376 Additional duties.

The City Planning Commission shall:

(1)    Under the authority in Act No. 33 of the Public Acts of Michigan of 2008 (MCL 125.3801 et seq.), and other applicable planning statutes, the Planning Commission shall make a master plan as a guide for development within the City’s planning jurisdiction;

(2)    Keep a public record of all resolutions, transactions, findings and determinations, including, but not limited to, making all final agendas and minutes available on the City Planning Commission’s website; and

(3)    Make an annual written report to the Mayor and City Council of the City Planning Commission’s operations and status of planning activities.

(4)    Be exempted from preparing the capital improvement program in accordance with MCL 125.3865. The capital improvement program shall be prepared by the Community Development Director, subject to final approval by the City Council.

(Ord. No. 2222, § 2 (Exh. A), 5-20-11; Ord. No. 2224, § 6, 5-20-11; Ord. No. 2298, § 1, 7-7-13)

2-377 State regulations applicable.

The city planning commission, except as provided in this division, shall be governed by the rules and regulations set forth in Act No. 33 of the Public Acts of Michigan of 2008 (MCL 125.3801 et seq.), as amended. The purpose of the city planning commission shall be the adoption of a city plan and a zoning ordinance for the control of the height, area, bulk, location and use of buildings and premises in the city.

(Ord. No. 2222, § 2 (Exh. A), 5-20-11; Ord. No. 2224, § 7, 5-20-11)

2-3782-390 Reserved.

DIVISION 3. LOCAL OFFICERS COMPENSATION COMMISSION

2-391 Creation; membership; terms; vacancies.

(a)    A local officers compensation commission is created which shall determine the salaries of all local elected officials, pursuant to the provisions of Act No. 8 of the Public Acts of Michigan of 1972 (MCL 117.5 et seq.), as amended. The commission shall consist of seven members who are registered electors of the city, appointed by the mayor, subject to confirmation by a majority of the members elected and serving on the city council. The terms of office of members shall be seven years, except that of the members first appointed, one each shall be appointed for terms of one, two, three, four, five, six and seven years. Members shall be appointed before October 1 of the year of appointment.

(b)    Vacancies on the local officers compensation commission shall be filled for the remainder of the unexpired term, in the same manner as the regular appointment of members. No member or employee of the legislative, judicial or executive branch of any level of government or members of the immediate family of such member or employee shall be eligible to be a member of the commission.

(Code 1985, § 2-25.1)

2-392 Determination of salaries; expense allowances or reimbursements.

The local officers compensation commission shall determine the salaries of the local elected officials, which determination shall be the salaries unless the city council by resolution adopted by two-thirds of the members elected to and serving on the legislative body reject them. The determinations of the commission shall be effective 30 days following their filing with the city clerk, unless rejected by the legislative body. In case of rejection, the existing salary shall prevail. Any expense allowance or reimbursement paid to elected officials in addition to salary shall be for expenses incurred in the course of city business and accounted for to the city.

(Code 1985, § 2-25.2)

2-393 Meetings; quorum; concurrence of majority; chairman; session days; compensation.

The local officers compensation commission shall meet for not more than 15 session days in 1975 and every odd-numbered year thereafter, and shall make its determination within 45 calendar days of its first meeting. A majority of the members of the commission constitutes a quorum for conducting the business of the commission. The commission shall take no action or make no determinations without a concurrence of a majority of the members appointed and serving on the commission. The commission shall elect a chairman from among its members. “Session days” means any calendar day on which the commission meets and a quorum is present. The members of the commission shall receive no compensation, but shall be entitled to their actual and necessary expenses incurred in the performance of their duties.

(Code 1985, § 2-25.3)

2-394 Implementation; changes in procedure for establishing compensation.

The city council shall implement this division by resolution. After November, 1976, the procedure for establishing the compensation of elected officials may be changed by Charter amendment or revision.

(Code 1985, § 2-25.4)

2-3952-425 Reserved.

DIVISION 4. ARTS COMMISSION

2-426 Created; composition.

Pursuant to section 4.701 of the Charter, an Arts Commission is hereby created consisting of 11 members, no less than six of whom shall be residents of the City, shall be appointed by the Mayor and serve at the pleasure of the Mayor. The Commission shall act as an advisory body to the Mayor and the Council and as an advocate for the arts and aesthetics in all aspects of City life. It shall advise and support cultural institutions and groups interested in cultural activities. It shall encourage, develop and support a wide variety of programs which reflect the cultural needs and experiences of all citizens and shall encourage participation by all citizens in cultural activities carried on in the City.

(Code 1985, § 2-25.23; Ord. No. 2075, § 1, 12-1-97; Ord. No. 2085, § 1, 10-22-98; Ord. No. 2319, § 1(A), 4-18-14)

2-427 Terms of members; compensation.

(a)    The term of each member of the Arts Commission, after the terms of the original appointments set forth in subsection (b) of this section have been fulfilled, shall be four years. Upon expiration of a term, appointees shall continue to serve until the appointment of a successor.

(b)    Each member shall be appointed as follows:

(1)    Three appointees, each having a four-year term;

(2)    Three appointees, each having a three-year term;

(3)    Three appointees, each having a two-year term; and

(4)    Two appointees, having a one-year term; respectively.

(c)    All members of the Arts Commission shall serve without compensation.

(Ord. No. 2075, § 1, 12-1-97; Ord. No. 2085, § 1, 10-22-98; Ord. No. 2319, § 1(B), 4-18-14)

2-4282-445 Reserved.

DIVISION 5. LIBRARY ADVISORY COMMISSION

2-4462-459 Reserved.

Editor’s note—Ord. No. 2241, § 1, adopted January 13, 2012, repealed §§ 2-446—2-449, which pertained to the Library Advisory Commission and derived from §§ 2-25.24—2-25.27 of the 1985 Code.

DIVISION 6. YOUTH ADVISORY COMMISSION

Editor’s note—Ord. No. 2241, § 1, adopted January 13, 2012, repealed §§ 2-460—2-463, which pertained to the Youth Advisory Commission and derived from Ord. No. 2053, § 1, adopted February 20, 1997.

2-4602-484 Reserved.