40. Section 1. The elective officers of the city shall be a mayor, six (6) councilmen, a city clerk, a city treasurer, a city assessor, a justice of the peace, an associate justice of the peace, and two (2) constables, all of whom shall be elected at large, and shall be electors and freeholders of the city, provided that the justices of the peace of the city now holding office shall continue their official duties and retain all their official powers, until their respective terms have expired.

Editor's note—Ord. No. 658, § 1, enacted July 21, 1980, provides that "the authority and office of constable as set forth in the charter of the City of Wyandotte is hereby abolished."
State law references—Election of certain officers mandatory, MCL § 117.3(a), MSA § 5.2073(a); justices of the peace have been abolished, see MCL § 600.9921, MSA§ 27A.9921; the city, pursuant to MCL § 117.32, MSA § 5.2112, has abolished constables.

 

41. Section 2. Commencing with the April, 1997 general election and on the first Monday in April of every fourth year thereafter, the mayor, the six (6) councilpersons, the city clerk, the city treasurer and the city assessor, shall be elected for a term of four (4) years. Commencing with the April, 1997 general election, the mayor and any councilpersons shall be prohibited from seeking more than three (3) consecutive four (4) year terms of office for the same office, but this prohibition shall not apply to the city clerk, the city treasurer or the city assessor. The term of all elective officers shall commence at 12:00 noon, Eastern Standard Tune, on the first Monday following the election. (Res. of 2-10-97, § l(c))

Editor's note—The above paragraph appears as amended by the electorate on April 3, 1950 and April 7,-1997.

 

42. Section 3. If a vacancy occurs in any elective office the mayor, with the approval of the council as provided in section 3 of chapter VII of this charter, shall appoint an eligible person to fill such vacancy until the office is filled by election at the next general city election; provided that nothing in this section shall contravene the provisions of the state laws relating to the recall of elective officers.

43. Section 4. No person shall hold an elective office under this charter unless he shall be a qualified elector and freeholder of the City of Wyandotte, and a resident of the city  or territory annexed by the city for at least one year prior to his election.

Editor's note—Case law indicates that the residency requirement in this section may be a violation of the fourteenth amendment of the United States Constitution. Stapelton v. City of lnkster (1970), 311 F. Supp. 1187; Schweitzer v. City of Plymouth (1971), 381 Mich. 485; Bolanowski v. Raich (1971), F. Supp.; Green v. City of Plymouth (1971), 367 F. Supp. 90.
State law reference—Mandatory that charter provide for qualifications of its officers, MCL § 117.3(d), MSA § 5.2073(d).

 

44. Section 5. The elective officers of the city shall be entitled to receive as full compensation for their services the following annual salaries:

• The mayor shall receive the sum of one thousand dollars ($1,000.00).

• Each councilman shall receive the sum of five hundred dollars ($500.00).

• The city clerk, the city treasurer and the city assessor shall receive such compensation as the council shall by ordinance determine.

• The justice of the peace and the associate justice of the peace shall receive the compensation provided for in section 6 of chapter VIII of this charter.

• The constables shall not receive any fixed compensation, but may collect from the parties for whom they perform services such fees as are provided for by law.

State law references—Mandatory that charter provide for compensation of officers, MCL § 117.3(d), MSA § 5.2073(d); justices of the peace have been abolished, MCL § 600.9921, MSA § 27A.9921; the city, pursuant to MCL § 117.32, MSA § 5.2112, has abolished constables.
Editor's note—Ord. No. 658, § 1, enacted July 21, 1980, provides that "the authority and office of constable as set forth in the charter of the City of Wyandotte is hereby abolished."

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