ARTICLE IV – EXECUTIVE BRANCH
Chapter 1 – Mayor
4.101 The Mayor
The Mayor is the chief executive of the City and as provided by this Charter, has charge of and is accountable for the executive branch of the City government. The Mayor shall serve a four (4) year term, commencing on the first business day after certification of election by Oakland County.
To be eligible for the office of Mayor, an individual:
(a) Shall have established a primary residence in the City for one year immediately preceding the filing deadline for the office and shall maintain a primary City residence.
(b) Shall be a registered elector within the City on the first day of the term in office and during the entire period of the term in office.
4.102 Duties of the Mayor
The Mayor possesses all powers and duties inherent in being the chief executive officer of the executive branch, including but not limited to:
a) Seeing those laws, this Charter and ordinances are faithfully executed and enforced;
b) Presenting the proposed annual balanced budget at least 75 days prior to the start of the new fiscal year as provided by ordinance, this Charter and law; and
c) Presenting an annual state of the City address in conjunction with submitting the proposed budget;
d) Supervising expenditures of all sums appropriated to and the attainment of all objectives established for departments of the executive branch.
e) Providing monthly regular financial reports of revenues and expenditures to the legislative branch and quarterly financial statements provided by independent auditors of the City to the legislative branch.
4.103 Deputy Mayor
The Mayor shall appoint, with the approval of the Council, a Deputy Mayor who serves at the pleasure of the Mayor and performs the duties of the office during the absence or temporary disability of the Mayor. If the Deputy Mayor appointment is not approved by the Council within 30 days after the submission of the appointment to the Council, the Mayor has the right to re-submit the approval of the denied candidate or bring forth another candidate to Council.
A person serving in the position of Deputy Mayor shall have a bachelor’s or master’s degree in public administration, business administration, or related field, with a master’s degree preferred. Experience with municipal finance, community and economic development, project manager, and supervisory skills. Good written and oral communications skills.
4.104 Relations with Council
The Mayor or the Deputy Mayor shall attend all meetings of the Council and respond to questions from Council members and citizens, make reports and present proposals by the following regular Council meeting. Failure to present and respond to Council members or citizens may be investigated by the Public Integrity Officer.
The Mayor and the Deputy Mayor may designate a City administrative officer to attend meetings of the Council on their behalf when they are temporarily absent due to an emergency, disability, or extenuating circumstances.
4.105 Staff of the Office of Mayor
The Mayor may, within appropriations provided in the adopted budget, hire such staff of the offices of Mayor as may be reasonably necessary, all of whom shall serve at the pleasure of the Mayor.
4.106 Appointment of Department Heads; Failure to Act on Appointments
Except as otherwise required by law or this Charter, the Mayor shall appoint for each department of the executive branch a director who serves at the pleasure of the Mayor as head of the department. Each appointment shall be subject to approval of the Council.
If a mayoral appointment is not approved by the Council within 30 calendar days after the submission of the appointment to the Council, then the Mayor has the right to re-submit the approval of denied candidate or bring forth another candidate to Council.
a. The interim appointee may not serve more than 65 days without Council approval.
b. Any extension of the interim role is subject to approval by vote of the Council at the following next regular meeting after the 65-day period.
4.107 Duties of Department Heads
Each department head shall:
a. Consistent with law, this Charter, ordinance and any labor agreement, hire, promote, supervise, discipline, and remove employees of the department.
b. Assign duties of the employees of the department and supervise the performance of these duties and the attainment of the objectives of the department.
c. Shall perform other duties consistent with job description.
4.108 Succession to Office
If a vacancy occurs in the office of Mayor, the Council President shall succeed to the office until a new Mayor is elected.
If the vacancy occurs in the office of Mayor more than one (1) year before the next regular City general election, the Council shall order a special primary election and a special general election to fill the vacancy for the unexpired term.
If the vacancy occurs in the office of Mayor and the Council President is unable to succeed that office, the President Pro-Tem shall succeed to the office of the Mayor until a new Mayor is elected.
If the vacancy occurs in the office of Mayor less than one (1) year before the next regular City general election the first business of the first Council meeting after the Mayor has been sworn in shall be the selection of a Council President or President Pro-Tem depending on who has succeeded to the position of Mayor.
If a dispute arises concerning whether a vacancy in the office of Mayor has occurred, a majority of Council may petition the appropriate court for a determination of this fact question.
Chapter 2 – City Attorney
4.201 City Attorney
The City shall maintain a City Attorney, who shall be either an attorney or law firm with attorneys licensed to practice in Michigan and versed in municipal law. The City Attorney shall serve in the executive branch of City government.
4.202 Duties of City Attorney
The City Attorney is responsible for:
a) Supervising the conduct of all the legal business of the City and its departments;
b) May draft ordinance proposals and approve language as to form as directed by Council;
c) Preparing and advising on leases, deeds, contracts, or other papers as may be required by the Mayor, Council or any department;
d) Furnishing written legal opinions when requested by the Mayor, the Council or any department;
e) Instituting and conducting, on behalf of the People, all cases arising from the provisions of this Charter or ordinances and, when authorized by law, cases under the state law;
f) Defending all actions or proceedings against the City;
g) Prosecuting all civil actions to which the City is a party or in which the City has an interest, when directed to do so by the Mayor; notice of any such action shall immediately be given to the Council;
h) Representing any elective officer or appointee of the City in any action or proceeding involving official duties;
i) Ensuring that all laws, this Charter, and ordinances are legally executed and enforced;
j) Attending meetings of the Council as requested by Mayor or Council; and
k) Performing other duties assigned by resolution.
4.203 Settlements
No civil litigation of the City may be settled without the consent of Council.
4.204 Option of Council
Notwithstanding the above, the Council may engage independent legal counsel on a temporary basis where the Council is seeking enforcement of a Council subpoena or order, suing, or being sued by any City agency or officer, or defending against any action or proceedings involving the Council’s official duties. Further, the Council may obtain the opinion or advice of independent legal counsel in any matter pending before it.
Chapter 3 – Finance Department
4.301 Finance Department
A Finance Department is created in the executive branch of City government. The Head of the Finance Department shall have direct supervision over the finance department and the administration of the financial affairs of the City, including, but not limited to the keeping of accounts and financial records, the collection of taxes, special assessments and other revenue, the communication of financial records to Mayor and Council and such other duties as may be prescribed by ordinance.
4.302 Treasurer
The Head of the Finance Department, with the consent of the Mayor, shall appoint a City Treasurer within budgeted appropriations, who shall serve at the pleasure of the department head. The Treasurer shall perform all the duties required of treasurers by law, this Charter and ordinance.
4.303 Purchasing Division
A division of Purchasing is created in the Finance Department. The Head of the Finance Department shall, with the consent of the Mayor, appoint within budgeted appropriations a Purchasing Agent who serves at the pleasure of the Finance Director.
4.304 Centralized Purchasing; Competitive Bidding
All purchases and contracts of departments and agencies of the City shall be made through the purchasing division, except as may otherwise be provided by ordinance. All purchases and contracts for procurement which exceed a dollar amount fixed by ordinance shall be made only pursuant to competitive bidding as prescribed by ordinance. The City may contract only with persons or firms that are equal opportunity employers and observe the principles set forth in Section 6.101 of this Charter. The Council shall enact a purchasing ordinance.
4.305 Restrictions on Purchases
No purchases shall be made, except on a signed requisition by the head of a department, countersigned by the Head of the Finance Department and approved by the Purchasing Agent. No purchases shall be made in excess of appropriations. All requisitions shall be filed within 30 days.
4.306 Duties of Purchasing Agent
The duties of the Purchasing Agent and rules and regulations relative thereto shall be as provided by law, this Charter and ordinance.
4.307 Assessment Division, City Assessor, or Assessment Services
The City shall appoint a City Assessor, or the City may contract for assessment services.
4.308 Assessor’s Duties
The City Assessor’s powers and duties shall be as provided by law, this Charter and ordinance.
Chapter 4 – Police Department
4.401 Police Department (Police Services)
The City shall provide for the safety of its residents.
A Police Department may be created in the executive branch of City government. If a Police Department is created, the Chief of Police shall be the head of the department and serves under the supervision of the Mayor.
The City may contract for police services with appropriate law enforcement agencies, as provided by law.
4.402 Powers and Duties
The Chief of Police and police officers of the department or contracted law enforcement agency shall possess powers conferred by law.
4.403 Powers and Duties of Police Chief
The Chief of Police or contracted law enforcement agency head is responsible for the public safety, peace and order and the enforcement of the criminal laws of Michigan and ordinances of the City. Other departments of the City may be given concurrent enforcement jurisdiction for ordinances which cover technical fields of municipal operations. The Chief of Police or contracted law enforcement agency head shall define the duties of police officers and prescribe rules relative to the performance thereof.
4.404 Citizens Review Board
A complaint by a citizen against a member of the Police Department (or contracted law enforcement agency) shall be made to the Chief of Police (or contracted law enforcement agency head). However, if the citizen is dissatisfied with the disposition of the complaint made by the Chief of Police or agency head, or if no disposition is made within 10 days, the citizen may make a complaint to a Citizen Review Board, which shall be established by ordinance and in accordance with any collective bargaining agreements.
Chapter 5 – Fire Protection Services
4.501 Fire Department (Fire Protection Services)
The City shall provide for fire protection services for its residents.
A Fire Department may be created in the executive branch of City government. If a Fire Department is created, the Fire Chief shall be the head of the department and serves under the supervision of the Mayor.
The City may contract for fire protection services with appropriate fire protection service agencies, as provided by law.
4.502 Emergency Power
The Fire Chief or the person of the department or contracted agency in charge at any fire may cause any building to be razed or destroyed, when necessary, in order to arrest the progress of a fire or ensure the public safety, and no action shall be maintained against any person or against the City therefor. This shall be done with the concurrence by the City building official and notification to the Mayor and Council President.
4.503 Powers of Fire Chief
The Fire Chief or contracted agency head possesses all powers conferred by law, this Charter or ordinance, and the Fire Chief or contracted agency head shall assign firemen to fire-based services in accordance with their qualifications on a daily basis.
Chapter 6 – Remainder of the Executive Branch
4.601 Other Departments
Other departments not created by this Charter, for performance of executive and administrative functions may be created in the executive branch by ordinance, consistent with this Charter.
4.602 Assignment of Administrative Functions
Responsibility for performance of all executive or administrative functions shall be assigned by ordinance to departments of the executive branch.
4.603 Initial Continuation of Departments, Boards and Commissions
All departments, boards and commissions existing under the previous Charter or by ordinance performing executive or administrative functions shall continue to exist, unless reorganized, consolidated, or abolished by ordinance. Provisions for such departments are hereby modified, if necessary, to comply with this Charter.