ARTICLE VI – GENERAL PROVISIONS
Chapter 1 – Personnel Matters
6.101 Non-Discrimination
City government shall provide equal opportunity in employment for all persons and shall comply with the provisions of the Elliott-Larsen Civil Rights Act, MCL §37.2101, as amended.
6.102 Employee Serving in Management
Management consists of elective officers and appointees as defined in Section 6.206. Rules shall be established by ordinance or resolution which permits any person holding employment covered by a bargaining unit or a civil service classification plan who is selected for an appointment to take a leave of absence from such covered employment for the period of the appointment.
6.103 Local Officers’ Compensation Commission
Notwithstanding any other provision of this Charter, the compensation of elective officers may be revised pursuant to law by the Local Officers’ Compensation Commission which shall be established by ordinance.
6.104 Vacancy
The position of any elective officer or appointee shall become vacant upon death, resignation, absences, permanent disability, removal from City residence or, in the case of a Council member, removal from district residence, or dismissal from the position in any manner authorized by Law and this Charter.
6.105 Filling of Vacancies
If a vacancy occurs in any appointive position, it shall be filled by appointment (for the unexpired term, if any) in the matter provided for the original appointment.
6.106 Conflict of Interest
(a) Except as otherwise required by law, and subject to limitations of MCL §15.328, as amended:
(1) An elective officer, appointee, or employee who has a conflict between personal interest and the public interest as defined by law, this Charter, or ordinance shall disclose fully to the City Attorney the nature of the conflict, who shall provide the Mayor, City Council, and the Office of Public Integrity with a summary of the stated conflict. Except as provided by law or ordinance, no elective officer, appointee, or employee of the City may participate in or act upon or vote upon any matter if a conflict of interest exists.
(2) Any elective officer, appointee, or employee who has a 1% financial interest, direct or indirect, in any contract with the City or in the sale of any land, materials, supplies or services to the City or to a contractor supplying the City, shall make known that interest to the City Attorney the nature of the conflict, who shall provide the Mayor, City Council, and the Office of Public Integrity with a summary of the stated conflict. Such elective officer, appointee or employee shall refrain from voting upon or otherwise participating as an elective officer, appointee, or employee in the making or performance of the contract or sale.
(b) An elective City officer or an appointee who is a relative of an applicant for employment by the City being the individual’s parent, grandparent, child, grandchild, sibling, or spouse thereof, shall immediately be disqualified from, and shall not participate in any way in, the hiring process for that applicant.
After complaint made by any City resident, referred to the Office of Public Integrity, and, if litigated, it is determined by a court of competent jurisdiction, that, in the hiring of any person, this provision was violated, the employment of such person shall be a nullity. In addition violation shall be cause for the dismissal of the appointed City officer or employee involved. The City Council shall adopt an ordinance providing for penalties for violation of this section.
6.107 Retirement Plans
The City may establish, by ordinance, its retirement plans consistent with law. The existing governing bodies for administering those plans, the benefit schedules for those plans, and the terms for accruing rights to and receiving benefits under those plans shall remain after the effective date of this Charter.
6.108 Removal for Cause
Any appointee subject to removal for cause may be removed by the appointing authority for lack of qualifications, incompetency, neglect of duties, misconduct, conviction of a felony, or a violation of this Charter or any job-related ordinance, rule or regulation. An appointee may not be removed under this subsection without an opportunity for a public hearing before the appointing authority. A copy of the charges shall be furnished at least 10 days in advance of the hearing.
Chapter 2 – Specific Powers and Miscellaneous Provisions
6.201 Enabling Legislation
The City may enact any ordinance authorized by law or necessary to carry out the provisions of any section of this Charter.
6.202 Rents, Tolls, Excises and Taxes
The City may provide for the laying and collecting of rents, tolls, excises and taxes in accordance with the law.
6.203 Eminent Domain
The City has the power of eminent domain and, to the extent permitted by the law, may condemn private and public property located within or outside of the City for any public purpose.
6.204 Penalties
The City shall, by ordinance, provide punishment, to the extent permitted by law, for the violation of any provision of this Charter or any ordinance.
6.205 Subsequent Grade Changes
Expenses for improvements related to changes in the grades of streets, alleys, public highways, pavements, sidewalks, or curbs may be financed by special assessments, or charged to and paid by the City.
6.206 Definitions
As used in this Charter
(1) “Director” means the administrative head of a department, notwithstanding that another title may, by this Charter or ordinance, be given to the position.
(2)(a) “Appointee” and “appointment” refer to persons either (i) serving on boards and commissions of (ii) holding upper level positions included in the management of City government and outside any civil service system or collective bargaining unit; and
(b) “Employee” and “hiring” refer to persons holding positions in City government below the management level.
(3) “Shall” is mandatory; “may” is discretionary.
Chapter 3 – Rule Making
6.301 Administrative Rules
Except for rules otherwise adopted pursuant to law, before adopting any rule governing dealings between the City and the public, or establishing hearing procedures for resolving matters in dispute, a City department or agency shall give notice of a deadline for comment by publication.
No rule shall become effective until it has been posted by the City Clerk by means established by ordinance to achieve widespread dissemination to the public. All effective rules shall be printed in a book of City rules.
6.302 Emergency Rules
City Council shall adopt by ordinance a procedure for emergency rules.
Chapter 4 – Initiative and Referendum
6.401 Initiative
A proposed ordinance may be submitted to the Council upon petitions signed by registered electors of the City. After submission, the Clerk shall promptly ascertain and certify the number of signers.
6.402 Duties of Council and Petitions
If such certificate shows that the number of registered electors of the City signing is not less than 10% of the registered electors of the City voting at the preceding Presidential election, the Council shall within 20 days thereafter either:
(a) adopt the ordinance without alteration (subject to the referendum provided by Charter); or
(b) at the next election to be held in accordance with state law, the proposed ordinance shall be submitted without alteration to the voters.
6.403 Referendum
No ordinance, except an emergency ordinance, shall take effect before 10 days after adoption. If, within these 10 days, 500 registered electors of the City file with the Clerk a notice in writing of their intention to circulate a petition for referring the ordinance to the electors for their adoption or rejection, then the ordinance does not become effective until 20 days after its adoption. If, within these 20 days, petitions containing the number of signatures required by this Charter are not filed in accordance with such written notice, the ordinance shall become effective upon the expiration of the 20-day period. If, within the 20 days, however, petitions protesting the ordinance signed by registered electors of the City equal in number to at least 10% of the registered electors of the City voting at the preceding Presidential election are presented to the Council, the ordinance is suspended from taking effect. The Council shall immediately reconsider the ordinance. If the ordinance is not entirely repealed, the Council shall submit it to an electoral vote at the next scheduled election in the City, and the ordinance shall not take effect unless approved by a majority of the registered electors voting thereon. These referendum provisions do not apply to:
(a) an ordinance required, or exempted from referendum, by law or this Charter;
(b) an emergency ordinance: however, grant of a franchise may not be deemed an emergency ordinance.
6.404 Powers of Council
The Council may, of its own motion, submit to electoral vote for adoption or rejection at an election in the City a proposed ordinance or a proposition for the repeal or amendment of an ordinance.
6.405 Conflicting Provisions
If the provisions of two (2) or more ordinances approved at the same election are inconsistent, then the ordinance provision receiving the highest affirmative votes shall prevail.
6.406 Publication
Whenever an ordinance is required to be submitted to an electoral vote, the Council shall have the ordinance published by the City Clerk by means established by ordinance to achieve widespread dissemination to the public each week for two (2) successive weeks immediately preceding the election.
6.407 State Law to Apply
The form of petition and the conduct of the electoral vote for initiative and referendum measures shall, as near as may be, be the same as that provided by law for exercise of initiative and referendum by State electors.
6.408 Effect of Vote
An ordinance approved by electoral vote shall not thereafter be repealed or amended by the Council for 18 months, except by electoral vote.
Chapter 5 – Franchises, Licenses and Permits; Municipal Utilities
6.501 Occupancy or Use by Private Concern
A person or firm may be granted permission to occupy or use a street, alley or public place within the City for public utility purposes only under a City franchise, license or permit. As used in this chapter, “franchise”, “license” and “permit” refer only to grants of permission for such public utility occupancy or use.
6.502 Limitations on Grant
No franchise shall be granted by the City for a longer period than 30 years. No license shall be granted by the Council for a longer period than one year.
6.503 Revocable Permits
The City also may by resolution grant a permit at any time, in or upon any street, alley, or public place but such permit shall be revocable by the City at its pleasure at any time.
6.504 Manner of Grant
Every franchise or modification thereof shall be granted by ordinance. A license or any modification thereof may be granted by resolution. Any such ordinance or resolution shall not become effective until all terms and conditions thereof have been accepted in writing by the grantee. Such acceptance shall be filed with the Clerk. Any non-compliance with this section shall automatically cancel such franchise or license granted.
6.505 Electoral Approval
No franchise which is not revocable at the will of the Council shall be granted or become operative until it has been referred to electoral vote and has received the approval of a majority of the registered electors voting thereon.
6.506 Expenses of Certain Special Elections
No franchise, license or permit shall be submitted to the electors at a special election, unless the expense of holding the election, as determined by the Council shall first be paid by the grantee to the Treasurer.
6.507 Exclusivity Prohibited
No person or firm shall ever be granted any exclusive franchise, license, or permit.
6.508 Restrictions on Transfer
No franchise, granted by the City, shall ever be leased, assigned, or otherwise transferred except in accordance with the express provisions of the franchise. All franchises granted by the City shall provide how, and in what manner, and under what conditions the franchise may be leased, assigned, or transferred. No dealing by the City, nor part performance by any lessee, assignee or transferee shall be deemed to operate as consent by the City.
6.509 Restriction on Modifications
No modification of any franchise or license shall be made, except in the manner and subject to all conditions provided by this Charter for an original grant of a franchise or license.
6.510 Subordinate to Police Power
The grant of every franchise, license or permit shall be subject to the police power of the City, whether in terms reserved or not, to make all regulations which may be necessary to provide for the public health, safety and welfare of the people of the City.
6.511 Co-Occupancy
The City may, by resolution, require any person or firm holding a franchise from the City to allow the use of its tracks, poles, internet, and wires by any other person or firm to which the City shall grant a franchise, subject to reasonable regulations and upon the payment of a reasonable rental therefor, to the extent authorize at law.
6.512 Compensation to City
No franchise, license or permit to use the streets, alleys or public places of the City shall be granted by the City without fair compensation to the City therefor. No such compensation by the grantee shall ever be in lieu of any other lawful taxation upon its property, income or activities. Where the franchise, license or permit fixes the rate to be charged for the service or the commodity furnished by the grantee, such rate shall be subject to review and change in such manner and form as provided in the franchise, license or permit.
6.513 Restrictions on Transfer of Municipality Owned Utilities
The City may make a contract to purchase, operate and maintain any public utility property for supplying heat, light, power, or water to the City and its inhabitants. No contract to sell or transfer a City utility shall bind the City unless a proposition therefor receives the affirmative vote of 3/5 of the electors voting thereon at a regular or special election.
Chapter 6 – Separately Incorporated Bodies
6.601 Authorities or Other Agencies Separately Incorporated
Any authority or other agency that is separately incorporated by the City or by the City and other governmental bodies shall furnish to the City comprehensive accountings of its receipts and disbursements and all other financial statements concerning its assets and operations, in such detail, on such reporting forms, and at such intervals as the Council may require.
6.602 Conflicts Prohibited
No person shall serve on the governing body of any authority or agency referred to in Section 6.601 when a conflict of interest as defined in Section 6.107 of this Charter exists, except as authorized by law.
Chapter 7 – Rules of Interpretation
6.701 Severability
If any provision of this Charter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Charter.
6.702 Number or Gender
The singular form of a word includes the plural, the plural form of a word includes the singular, and the masculine gender includes the feminine gender and the neuter.
6.703 Tense
This Charter is to be regarded as speaking in the present and continuously. Thus, for example, the phrase “as provided by law” will incorporate the provisions of law as they change from time to time.
Chapter 8 – Boards and Commissions
6.801 Public Engagement Philosophy
(a) The City shall treat public engagement as an integral part of effective and trusted governance, not just as an occasional process or activity.
(b) The City shall treat engagement as a multi-channel endeavor that includes face-to-face meetings, virtual interactions, and other online communications. Public engagement and input shall be encouraged in the work of the boards and commissions, with opportunities for community members to provide feedback and participate in the decision-making process.
(c) The departments of City government shall encourage collaboration in public engagement efforts with other government jurisdictions and authorities, anchor institutions, community-based organizations, civic groups, and individual residents.
6.802 Establishment and Purpose
(a) The City of Pontiac shall establish and maintain various boards and commissions to advise, assist, and oversee specific areas of municipal governance. These bodies shall serve as essential components of the City’s decision-making and policy development process. Boards and commissions may be established by Ordinance and in accordance with provisions within this Charter.
(b) Boards and commissions may be created to address various areas of municipal governance, including but not limited to: Planning Commission, Arts Commission, Historical Commission, Parks and Recreation Commission, and other matters of municipal concern. A process for establishing and eliminating boards and commissions shall be defined by ordinance passed by Council. Unless otherwise empowered by this Charter, ordinances, or law, all boards and commissions are advisory.
(c) Unless otherwise provided, all members of boards and commissions shall serve without compensation as members thereof. Reimbursement, stipends or other payment mechanisms may be allowed for City trainings, meals, or other required needs as part of their official duties.
6.803 Composition
(a) Each board or commission shall consist of a specific number of members, as determined by Council through ordinance, which may vary based on the nature and scope of the issues under consideration.
(b) Unless otherwise provided by law or this Charter, members of boards and commissions shall consist of appointments made by both the Mayor and the Council. Processes for all appointments shall be identified through the approved ordinance or this Charter for each board or commission.
(c) Composition of each board or commission shall consist of at least 51 percent Mayoral appointments, which shall be outlined in the enabling ordinance.
(d) The appointment process shall be carried out in a transparent manner, ensuring diversity, inclusivity, and equitable representation of the community to be outlined in ordinance.
(e) All reappointments must be confirmed by the Council.
6.804 Terms of Office
(a) Except as otherwise required by law, ordinance, or this Charter, the terms of members on all boards and commissions in City government is four (4) years.
(b) The expiration of terms shall be staggered, so that no more than twenty-five (25) percent of the board or commission membership terms expire during a calendar year.
(c) Except as otherwise required by law, this Charter or ordinance, an individual shall be a resident of the City to be eligible for appointment.
(d) In the event of a vacancy on a board or commission, the appointing authority shall fill the vacancy in accordance with the procedures set forth in this Charter, law, or ordinance.
6.805 Powers and Responsibilities
(a) The board and commission shall have the authority to conduct studies, research, and hearings related to their respective areas of responsibility. The board and commission may make recommendations to the Council and other City officials on relevant policy matters and other issues as they deem necessary.
(b) The board and commission shall operate in accordance with this Charter and any specific enabling ordinances or resolutions established by the Council. They shall not have legislative or executive powers but shall serve in an advisory capacity, unless otherwise provided in this Charter or law.
(c) The Council reserves the right to dissolve or modify the powers and responsibilities of any board or commission subject to this Charter.
6.806 Meetings and Procedures
(a) The board and commission shall meet regularly, as specified in their enabling ordinances, and conduct open and public meetings in compliance with the state’s open meetings laws.
(b) Quorum requirements, voting procedures, and other operational rules shall be established by the Council or as specified in the enabling ordinances of each board or commission.
(c) The operations of the board and commission shall be conducted transparently, with meetings, agendas, and relevant documents made easily accessible to the public.
(d) The board and commission meetings shall be recorded by the City of Pontiac’s cable department or professional contracted media services and televised on public access within two (2) business days and be accessible to the public.
6.807 Accountability, Reporting, and Transparency
The board and commission shall provide reports quarterly to the Council, summarizing their activities, findings, and recommendations. These reports shall be made available to the public.
6.808 Youth Commission
The Council may establish a Youth Commission by ordinance for individuals between 13-18 years old at time of appointment.
6.809 Charter Review Board
(a) The Council shall establish a Charter Review Board in the first three (3) months following approval of this Charter. The Charter Review Board shall be established every five (5) years and at any time the Council, by a vote of a majority of its members and ordinance, may call for such a Board.
(b) The purpose of the Charter Review Board is to identify and recommend potential revisions to the City Charter, to be addressed as outlined by law and this Charter. Recommendations would be provided for review and approval by the Council for voter approval or for the recommendation to begin the process of a formal Charter Revision Commission, as outlined by applicable laws and statutes.
(c) The Charter Review Board shall be composed of five (5) qualified electors of the City for a one (1) year term. Members of the commission shall not hold any other office or employment in the government of the City and shall serve without compensation. Members shall be identified as follows:
a. Two (2) members appointed by the Council
b. Two (2) members appointed by the Mayor
c. One (1) member jointly appointed by the Council President and the Mayor, such member serving as chair of the commission.
(d) Vacancies shall be filled in the same manner as prescribed for in this section.
(e) The Charter Review Board shall report its findings and recommendations to Council regarding revisions to the Charter, if any, within one (1) year of appointment. Council may, at its discretion, submit any of the proposed amendments, in whole or in part, to a vote of the people in the manner provided for by applicable laws and statutes.