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Mayor generally.
45. Section
1. The mayor shall be the
chief executive officer of the city. He shall preside at the meetings of the council and shall from tune to time
give the council information concerning the affairs of the corporation and recommend such measures
as he may deem expedient. It shall be his duty to exercise supervision over the several
departments of the city government
* State
law
reference—Mandatory
that charter provide for the duties of city officers, MCL § 117.3(d), MSA § 5.2073(d).
and to see that the laws relating to the city and the
ordinances and regulations of the council are enforced. The mayor shall be ex officio a member of
all the commissions established by this charter, •without the right to vote.
Editor's note —The
above section appears as amended by the electorate on April 3,1950 by a vote of 4618 to 3528.
Conservators of the peace.
46. Section
2. The mayor shall be a
conservator of the peace, and may exercise •within the city the powers conferred upon sheriffs to suppress
disorder; and shall have authority to command the assistance of all able-bodied citizens to aid
in the enforcement of the ordinances of the city, and to suppress riot and disorderly conduct.
The councilmen shall also be conservators of the peace, and as such they shall aid in
maintaining quiet and good order in the city, and in securing the faithful performance of duty
by officers of the city.
Power of mayor to suspend appointive officers.
47. Section
3. The mayor may suspend
any appointive officer of the city, except as herein otherwise provided, for neglect of duty, misconduct or
other sufficient cause: Provided, that a written complaint under oath shall be preferred against
said officer and filed with the city clerk, within three (3) days after such suspension. The
complaint shall be reasonably certain as to time, place and the offense, or offenses, charged
therein, and a copy thereof served personally on such person or left with a person of
suitable age at the last known place of residence of such suspended person, within three (3) days
after such suspension. The suspended officer shall have the privilege of filing
answer to the complaint within five (5) days after service of such copy as above provided. The council shall hear such
complaint and defense thereto, if any, at the next regular meeting thereof: Provided, Said
regular meeting shall occur within a time not less than ten (10) and not more than
fifteen (15) days after the date of filing of the complaint, otherwise a special meeting
shall be called for the purpose of such hearing, and within the time herein limited. Should
no complaint be filed within the time herein provided, or be not sustained at the
hearing thereof, said officer may resume the duties of his office as if such suspension had
never been made.
Other powers of mayor.
48.
Section
4. The mayor shall at all
times have authority to examine and inspect the books, records and papers of any agent, employee or
officer of the corporation, and shall perform generally all such duties as are or may
be-prescribed by the ordinances of the city.
Mayor pro tempore.
49. Section
5. In the absence or
disability of the mayor, or in case of any vacancy in his office, the chairman pro tempore of the council
shall perform the duties of mayor during such absence, disability or vacancy. In the absence
or disability of both the mayor and the chairman pro tempore of the council, the
council shall appoint some other councilman to act as mayor for the time being.
City clerk generally.
50. Section
6. The city clerk shall
keep the corporate seal, and all the documents, official bonds, papers, files and records of the city not
by this charter or the ordinances of the city entrusted to some other officer. He shall be
clerk of the council, shall attend its meetings, and keep a full record of all its
proceedings, ordinances and resolutions. In the absence of the clerk or his deputy, the council
shall appoint one of their number to perform the duties of clerk for the time being. The
clerk shall countersign and register all licenses granted. He shall, when required,
make and certify under the seal of the city copies of the papers and records filed and
kept in his office; and such copies shall be in evidence in all places of the matters therein
contained, to the same extent as the original would be. He shall possess and exercise
the powers of a township clerk, so far as the same are required to be performed within the
city, and he shall have authority to administer oaths and affirmations. He shall
report the name of any person elected or appointed to any office or employment who shall
have neglected to file his official bond and oath of office as required by this
charter, to the council at its next meeting after such default. He may, subject to the
approval, of the council, appoint a deputy or deputies who shall possess all the powers and
authority of the city clerk and shall exercise all the duties thereof subject to the
control of the city clerk. The deputy city clerks shall receive such compensation as the council
shall prescribe. The city clerk shall be responsible for all the acts and defaults of such
deputies and he may remove such deputies at his pleasure. The city clerk shall
perform such other duties pertaining to his office as the council may require.
City clerk as general accountant.
51. Section
7. The clerk shall be the
general accountant of the city; and all claims against the corporation, except as herein otherwise
provided, shall be filed with him for adjustment, and, after examination thereof, he shall
report the same, with all accompanying vouchers and counter claims of the city, and
the true balance as found by him, to the council for allowance, and when allowed
shall draw his warrant upon the treasurer for the payment thereof, designating thereon
the fund from which payment is to be made, and take proper receipts therefor,
but no warrant shall be drawn upon any fund after the same has been exhausted.
When any tax or money shall be levied, raised, or apportioned, the clerk shall
report the amount thereof to the treasurer, stating the objects and funds for which it is
levied, raised or apportioned, and the amounts thereof to be credited to each fund. He
shall exercise a general supervision over all officers charged in any manner with
the receipt, collection and disbursement of the city revenues and over all the
properties and assets of the city. He shall have charge of all books, vouchers and documents
relating to the accounts, contracts, debts and revenues of the corporation, except
as herein otherwise provided. He shall countersign and register all bonds issued and
keep a list of all property and effects belonging to the city and all of its debts and
liabilities. He shall keep a complete set of books exhibiting the financial condition of the
corporation and all its departments, funds, resources and liabilities with a
proper classification thereof and showing the purpose for which each fund was raised. He
shall also keep an account with the treasurer in which he shall charge him with
moneys received for each of the several funds of the city and credit him with all the
warrants drawn thereon, keeping a separate account for each fund. When any fund has been
exhausted, the clerk shall immediately advise the council thereof. He shall report to
the council whenever required, a detailed statement of the receipts,
expenditures and financial condition of the city; of the debts to be paid and moneys so required
to meet the estimated expenses of the corporation.
Municipal accounting.
52.
Section
8. The system of
municipal accounting shall conform to any uniform system required by law.
State law
reference—Mandatory
that charter provide for keeping of a system of accounts, MCL § 117.3(m), MSA § 5.2073(m).
Audits.
53. Section
9. At the end of each
year, or oftener if necessary, the council shall cause a full and complete examination of all the books and
accounts of the city to be made by competent accountants, and shall publish the
result of such examination in such manner as the council shall determine.
City clerk as purchasing agent.
54.
Section
10. Unless the council
shall by ordinance provide for and appoint a purchasing agent, the city clerk shall, under the
direction of the council, act as purchasing agent of the city, and shall have the powers
and perform the duties of purchasing agent as herein prescribed.
Clerk to turn over money to city treasurer.
55. Section
11. The city clerk shall
once each month, and oftener if required by the council, turn over to the city treasurer such moneys
as he shall collect.
City treasurer generally.
56. Section
12. The city treasurer
shall be the collector of all state, county and city taxes and assessments within the city and shall perform
such duties as are prescribed by the general laws of the state and this charter,
together with such other duties as the council may prescribe. He shall give a bond in such amount
and with such sureties as the council shall require. The premium on such bond shall
be paid by the city. He shall also give to the treasurer of the county of Wayne such
further bond as is or shall be required by law. For the purpose of collection and return
of taxes and the return of property delinquent for the non-payment of taxes and for
the purpose of suit for the collection of taxes, the treasurer shall perform the same
duties and have the same powers as township treasurers, except as herein otherwise
provided. The treasurer, subject to the direction of the council, shall have the
custody of all moneys, bonds, mortgages, notes, leases or other evidences of value
belonging to the city. He shall receive all moneys belonging to and receivable by the city
and keep account of all receipts and expenditures thereof. He shall pay no money
out of the treasury, except in pursuance of and by authority of law and as directed by
the council, except as herein otherwise provided. He shall keep an account of and be
charged with all taxes and moneys appropriated, raised or received for each fund of
the city, and shall keep a separate account of each fund and shall credit thereto all
moneys raised, paid in or appropriated therefor, and shall pay every warrant out of
the particular fund constituted or raised for the purpose for which the
warrant was issued and have the name of such fund endorsed thereon by the clerk.
Depositories.
57. Section
13. The council may
designate one or more depositories in the city in which the treasurer shall deposit all the money, bonds,
mortgages, notes, leases and other evidences of value belonging to the city, to be
drawn there from only in such manner as the council shall direct, and every such
depository shall furnish such bond as the council may require and approve for the safe
keeping and accounting of all such moneys and property thus coming into its possession. The
council may at any time change any depository or depositories.
Deputy city treasurer.
58. Section
14. The treasurer may,
subject to the approval of the council, appoint a deputy, who shall possess all the powers and authority
of the treasurer, subject to the control of the treasurer, and may be removed at the will
of the treasurer. The treasurer and his bondsman shall be liable for the acts and defaults
of such deputy. Such deputy shall receive such compensation for his services as the
council shall prescribe.
Reports by treasurer to council.
59. Section
15. The treasurer shall
render to the council at the first meeting of each month, and oftener if required by the council or the
city clerk, a report of the amounts received and credited by him to each fund and on
what account received, and the amounts paid out by him for each fund during the
preceding month and the amount of money remaining in each fund on the day of his
report, and the council may at any time, when they shall deem it advisable, cause such
report to be verified by a personal examination of the books, warrants, vouchers and
city moneys in the possession of the treasurer. He shall also exhibit to the
council annually on the first Monday in October and as often and for such periods as the
council shall require a full and detailed account of the receipts and disbursements of
the treasury since the date of his last annual report, classifying them therein by the
funds to which such receipts are credited and out of which such disbursements are made, and
the balances remaining in each fund; which account shall be filed in the office of
the clerk and shall be published in one or more newspapers of the city.
Treasurer to exhibit to council receipts and vouchers for
money paid.
60. Section
16. The said treasurer
shall take receipts and vouchers for all moneys paid from the treasury, showing the amount and fund from
which payment was made, and he shall exhibit to the council such receipts or
vouchers on the first Monday of October in each year, or as often as the council shall
require, as provided in the next preceding section.
61. Section
17.
Editor's note —The
above paragraph, dealing with the city treasurer serving as treasurer of the school district, was repealed by the
electorate by a vote of 3448 to 2480 on April 4, 1955.
Treasurer to keep city funds separately from own.
62. Section
18. The city treasurer
shall keep all moneys in his hands belonging to the city separate and distinct from his own moneys; and he
is hereby prohibited from using, either directly or indirectly, the corporation
moneys, warrants or evidence of debt, or any of the library funds in his custody, or
keeping for his own use or benefit or that of any other person; any violation of this section
shall subject him to immediate removal from office by the council, and the council is
hereby authorized to declare the office vacant and to appoint his successor for the
remainder of his term.
Editor's note—The
above paragraph appears as amended by an amendment approved by the electorate on April 4, 1955 by a vote of
3448 to 2480.
63. Section
19. [Deleted]
Editor's note —The
above paragraph, dealing with justices of the peace (now abolished by MCL § 600.9921, MSA § 27A.9921) and
constables (abolished by city pursuant to MCL § 117.32, MSA 5.2112) has been deleted as
obsolete.
City assessor.
64.
Section
20. The city assessor
shall perform such duties as are prescribed in Section 8 of Chapter VII of this charter and are required
of him by general law.
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