ARTICLE III – LEGISLATIVE BRANCH

Chapter 1 – Council

3.101 Local Legislature

A Council of seven (7) members is created. The Council is the legislative body of the City and possesses such other powers as may be provided by law or this Charter.

3.102 District Representation; Term of Office

The member from each district shall be nominated and elected by the electors of the district. One (1) Council member at-large shall be nominated and elected by the electors of the entire City except for Council members already serving at the time this Charter is approved in 2024. To be eligible for the office of Council member for a district, a person must have been a resident of that district in question for one year immediately before the filing deadline for the office. To be eligible for the office of Council member at-large, a person must have been a resident of the City for one year immediately before the filing deadline for the office.

Each member of the Council elected under this Charter shall serve for (4) years and until a successor qualifies. The Council shall be the sole judge of the qualification of its members.

3.103 Beginning of Term

The term of each Council member begins at 8:00 a.m. on the first business day two weeks post certification of election by Oakland County.

3.104 Organizational Meeting

The first business of the first meeting in each new term of the Council shall be its organization. The meeting shall be held in the Council Chambers and shall be presided over by the City Clerk or a temporary presiding officer until the Council President and President Pro-Tem of the Council have been selected. The Council President shall preside at meetings of the Council. The President Pro-Tem shall perform the duties of the Council President during the absence or temporary disability of the Council President.

The procedural and organizational rules for the Council shall be established by the Council at that first meeting of the new term. The rules shall establish who presides at meetings of the Council in the absence of the Council President and President Pro-Tem. The rules shall be written and accessible to the public and may be amended by the majority of Council.

The rules shall address Council governance, Council orientation, Council communication and coordination with City administration and such other information Council deems appropriate.

3.105 Meetings

All Council meetings shall be held in compliance with the Open Meetings Act, MCL 15.261 et seq., as amended. The Council shall meet at such times as prescribed by ordinance or resolution, except that it shall meet regularly not less than twice per month. The Mayor, or any two (2) members of the Council may call special meetings of the Council, with written notice to each member, and to the Mayor and Deputy Mayor, served personally, electronically, or left at the individual place of residence at least eighteen (18) hours prior to the meeting time. However, any special meeting at which all members of the Council are present or have given prior written waiver of the notification requirement, shall be a legal meeting for all purposes set forth in the notice.

3.106 Public Access; Rules

As provided by law, all meetings of the Council shall be public and any citizen may have access to the minutes and records thereof at all reasonable times.

The Council shall determine its own rules and order of business and shall keep a journal of its proceedings, in English and reproduced in Spanish.

All records of the City shall be public and open to inspection at all reasonable times, subject to and in accordance with the Freedom of Information Act, MCL 15.231 et seq., as amended.

3.107 Quorum

A majority of all Council members serving constitutes a quorum, but a lesser number may adjourn from day to day and compel the attendance of an absent member in such manner and under such penalties as prescribed by ordinance.

3.108 Voting

Except as otherwise required by this Charter, no action of the Council shall be effective unless adopted by a majority of Council members serving.

On all ordinances, and in all other matters on the demand of one or more members of the Council, a roll call vote shall be taken.

3.109 Council Action

The Council shall act for the City only by ordinance or resolution.

3.110 Compensation

Council is a part-time position, except for the Council President, which is considered full-time.

Council shall be paid by the City as determined by ordinance, this Charter and law.

3.111 Appointment of Clerk

The Council shall appoint a City Clerk for an indefinite period upon an evaluation by a majority vote of Council; the Clerk shall continue its appointment with a yearly evaluation. The Clerk is removable by five (5) members of the Council.

3.112 Ordinance Procedure

(a)    The enacting clause of all ordinances shall read, “The City of Pontiac ordains”, but this clause may be omitted when the ordinances are published in a compilation.

(b)    Upon introduction, the Clerk shall distribute a copy to each Council member and to the Mayor, and shall file a reasonable number of copies in the office of the Clerk and such other public places as the Council may designate, and shall publish a copy of the ordinance or a summary of the ordinance, determined by the Clerk, by means established by ordinance to achieve widespread dissemination to the public in the City together with a notice of the time and place for consideration by the Council. Thereafter, the Council may amend and adopt the proposed ordinance without further pre-adoption publication.

(c)    A proposed ordinance, including an ordinance to repeal an existing ordinance, shall be introduced at a regularly scheduled Council meeting. Any ordinance shall require two readings by the Council and two opportunities for public comment at regularly scheduled Council meetings prior to being adopted.

(d)    The adoption of any ordinance by the Council shall require a majority of Council members serving.

(e)    The effective date of an ordinance shall be stated. The effective date shall not be less than 10 business days from the date of publication. No ordinance, except an emergency ordinance, shall be adopted on the same day that it is introduced.

(f)    An emergency ordinance, which shall contain a statement of its urgency, must be necessary for the immediate preservation of the public peace, property, health, safety or for the usual daily operation of a department. An emergency ordinance may be adopted on the day it is introduced, publication of a summary thereof before adoption is not required, and an emergency ordinance may be given immediate effect after posting of a notice of adoption at City hall and three other public places in the City, as determined by the Clerk, who shall maintain a record of the locations of postings. Adoption of an emergency ordinance requires an affirmative vote of two-thirds of Council members serving.

(g)    Every ordinance or resolution of the Council, except quasi-judicial acts of the Council, appointments by the Council, matters relating to the internal organization of the Council or of a ceremonial nature, or such action as may be expressly exempted from veto by other sections of this Charter, shall be presented by the Clerk to the Mayor within four (4) business days after adjournment of the meeting at which the ordinance or resolution is adopted.

The Mayor, within seven (7) days of receipt of an ordinance or resolution, may return it to the Clerk with a veto and a written statement explaining the veto. However, with respect to an emergency ordinance, the Mayor shall notify the Council of a veto in any reasonable manner within 24 hours after the Mayor’s office receives written notice from the Clerk that the emergency ordinance has been adopted.

An ordinance or resolution vetoed by the Mayor can be reconsidered by the Council no later than the next regularly scheduled meeting after the receipt of the Mayor’s veto. Five Council members may readopt the ordinance or resolution over the Mayor’s veto.

(h)    An ordinance shall be published once after its adoption in a newspaper of general circulation in the City as provided in this Charter. Except for an emergency ordinance, such publication shall be before the ordinance’s effective date. The Clerk shall certify on the record of ordinances the date and method of publication which shall be prima facie evidence that legal publication of an ordinance was made.

(i)    The Clerk shall maintain a record of all ordinances. After an ordinance is adopted, it shall be authenticated by the Clerk. The record and the authentication shall be done within one week after adoption of an ordinance, but failure to so record and authenticate an ordinance does not invalidate it or suspend its operation.

(j)    A repealed ordinance may not be revised, except by re-enactment of the whole or so much as is intended to be revived. When any section or part of a section of an ordinance is amended, the whole section as amended shall be re-enacted.

(k)    Prosecution for violation of an ordinance of the City shall be commenced within two (2) years after the commission of the offense. This limitation only applies to violations penal in nature, and is not a limitation of the City’s right to forfeit any franchise, grant or license for violation of the terms and conditions thereof.

(l)    A violation of an ordinance of the City shall be prosecuted as provided by law or ordinance.

3.113 Transfer of City Property; Contracts

The City may not sell, lease, exchange, or in any way dispose of any real property of the City without approval, after public notice and hearing, by resolution of the Council. The City may not sell any other personal property that may have been defined by ordinances, without approval by resolution of the Council. Nor may the City enter into a contract if there is not a sufficient unencumbered appropriation available to discharge fully the City’s obligation thereunder, without approval by the Council.

The City shall not sell, transfer, or divert to any other use park land unless approved by a majority of electors. Park land shall include any public park, public recreation area or public playground area owned by the City, within the City.

3.114 Staff

The Council may, within appropriations provided in the budget, appoint staff or contract for services. Staff or persons engaged pursuant to contract serve at the pleasure of the Council and shall take direction from Council and not be under direct supervision of the Mayor, appointee of the Mayor or other staff from the executive branch.

3.115 Relations with Executive Branch

The Council and each of its members may make inquiries of, or request information and records from, the Mayor, the appointees or the employees of the executive branch. However, neither the Council nor any member thereof shall give any order or direction, either publicly or privately, to any appointee or employee of the executive branch.

3.116 Investigative Powers

The Council may subpoena witnesses, administer oaths, take testimony and require the production of evidence in any matter pending before it. To enforce a subpoena or order for production of evidence or to impose any penalty prescribed for failure to obey a subpoena or order, the Council shall apply to the appropriate court and/or appropriate board or commission empowered with investigative powers.

3.117 Vacancies

A vacancy on the Council may be filled by appointment of a registered elector of the City or district affected by a majority of Council members remaining. The appointee serves out the unexpired term or until a successor is elected. However, the term of a member may not be extended by resignation and subsequent appointment.

3.118 Effect of Absences

Absence from five (5) regular meetings during a one full calendar year shall operate to vacate the seat of a Council member, unless the absence is excused by the Council by resolution setting forth the excuse and entered upon the journal. Any Council member that is absent for over one half of any regularly scheduled meetings during one full calendar year, regardless of whether the absence is excused, shall operate to vacate the seat of the Council member.

3.119 Control of City Payroll

No compensation or salary shall be paid to appointees, members of boards or commissions, volunteers, or employees of the City except as approved by the Council.

3.120 Bonds

The Council may require any appointee or employee to give a bond for the faithful performance of duty, in such amount as it may determine, and the premium thereof shall be paid the City.

An appointee or employee, required by law, this Charter, ordinance or resolution to give a bond, shall not enter upon or continue duties of the office or employment until such bond has been duly filed, approved and recorded.

All bonds shall be approved by the Council and filed with the Clerk, except the bond of the Clerk, which shall be filed with the Treasurer.

All required bonds shall be surety company bonds licensed in the State of Michigan.

Chapter 2 – City Clerk

3.201 Functions and Duties of the Clerk

a)    The Clerk shall be clerk of the Council and shall attend all meetings of the Council and keep a permanent journal of its proceedings in the English language and Spanish language.

b)    The Clerk shall provide and publish required public notices in the manner provided by this Charter.

c)    The Clerk shall provide for the registration of electors residing in the City and conduct of all elections in the City as required by law.

d)    The Clerk shall maintain a record of all existing and proposed rules, regulations, policies, and procedures of the City.

e)    The Clerk shall certify by their signature all ordinances and resolutions enacted or passed by the Council and make them available to the public as provided by law.

f)    The Clerk shall administer oaths and take affidavits and exercise other powers and duties as provided by law, this Charter, or ordinance.

g)    The Clerk shall provide and maintain in their office a supply of forms for all petitions to be filed for any purpose by the provisions of this Charter.

h)    The Clerk shall ensure reasonably accessible polling locations throughout the City for the purpose of conducting elections.

i)    The clerk shall ensure safekeeping, retention, and public accessibility of documents in accordance with law.

j)    The Clerk shall exercise other powers and duties as provided by law, this Charter, Ordinance, or Resolution.

3.202 Chief Assistant Clerk

The Clerk may, with approval of Council, appoint a chief assistant who serves at the pleasure of the Clerk and performs the duties of the office in the absence or disability of the Clerk.

Chapter 3 – Department of Council

3.301 Establishment and Purpose

The Department of Council, hereinafter referred to as the “Department,” shall be established to provide administrative support and assistance to the Council in fulfilling its legislative functions and serving the residents of the City. The Department may provide administrative, research, and clerical support for the Council.

3.302 Department Head and Staff

(a)    The Department may employ clerical, research, and administrative staff as necessary to fulfill its functions, subject to budgetary constraints and applicable laws.

(b)    The Council shall identify a lead staff member to serve as the Department Head that is responsible for overseeing the day-to-day operations of the Department. All staff members will report to the Department Head.

3.303 Duties and Responsibilities

The Department may:

(a)    Provide administrative support to Council members, including organizing meetings, maintaining records, and managing correspondence. This includes support for Council committees.

(b)    Conduct research on matters of legislative concern, providing Council members with relevant information to make informed decisions.

(c)    Assist in drafting ordinances, resolutions, and other legislative documents as directed by Council members.

(d)    Facilitate communication between the Council and the public, disseminating information about Council meetings, decisions, and public hearings. This may include community outreach.

(e)    Other duties and responsibilities may be assigned as outlined by ordinance of Council.

3.304 Accountability and Cooperation

(a)    The Department shall be accountable to the Council and shall provide regular reports on the Department’s activities, budget utilization, and any other relevant matters as required by the Council.

(b)    The Department shall cooperate fully with Council members and shall respond promptly to requests for information, research, or administrative support.

3.305 Funding

The Council may allocate sufficient funds in the City budget to ensure the effective functioning of the Department. The Department shall manage its resources efficiently and effectively, ensuring responsible use of public funds.