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Qualifications.

131. Section 1. No person shall be elected or appointed to any office unless he be able to read and write the English language, and no person shall be elected or appointed to any office hi the city who has been or is a defaulter to the city or to any board of officers thereof, or to any school district, county, or other municipal corporation of the state. All votes fo [of], or any appointment of, any such defaulter shall be void.

State law reference—Mandatory that charter provide for qualifications of city officers, MCL § 117.3(d), MSA § 5.2073(d).

Filing of bonds.

132. Section 2. The city clerk, city treasurer, justice of the peace, associate justice of the peace, constables, and any other elective or appointive officer, deputy or employee required by the general law, this charter or direction of the council to furnish a bond, before entering upon the duties of his office and within the time prescribed for filing his official oath, shall file with the city clerk such bond or security as may be required by law, or by this charter, or by any ordinance or requirement of the council and with such sureties as shall be approved by the council for the due performance of the duties of his office, except that the bond or security of the city clerk shall be deposited with the city treasurer, and provided that the sureties on all bonds shall be some responsible surety company authorized to do business in the State of Michigan, and all bonds be approved by the council before such officer or employee shall enter upon the duties of his office; and provided further, that such officers and employees as are required by this charter to furnish surety bonds shall be reimbursed out of the city treasury for the premiums paid for the purpose of procuring such bonds. The official bond of every officer and employee, unless herein otherwise provided, shall be conditioned that he will faithfully perform the duties of his office of employment, and will, on demand, deliver over to his successor or other proper officer or agent of the city, all books, papers, moneys, effects and property belonging to the city or appertaining to his office which may be in his custody as an officer, and such bond may be further conditioned as the council may prescribe. The official bond of every officer or employee whose duty it may be to receive and pay out money shall be further conditioned that he will, on demand, pay over or account for to the city or any proper officer or agent thereof all moneys received by him as such officer or employee; and the bond of the city treasurer shall be further conditioned that he will account for and pay over to the county treasurer all state and county taxes collected by him when and in

*Editor's note—The provisions of this chapter (paragraphs 112—120) are deleted as they dealt with the justice of the peace which has now been abolished and replaced by a district court. See MCL § 600.9921 et seq., MSA § 27A.9921 et seq.

the manner required by law. The council may at any time require any officer or employee to execute and file with the clerk or proper officer, new official bonds in the same or such further sums and with such new and other or further sureties as the council may deem requisite. The council may require such bonds to be furnished within a period of not less than ten (10) days, and unless such bond be furnished within and the vacancy may be filled in the manner provided in this charter, the time fixed, the office or employment so held shall thereby be vacated.

Editor's note—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. Section 1 of Ord. No. 658, adopted July 21, 1980, provides that "the authority and office of constable as set forth hi the charter of the City of Wyandotte is hereby abolished."

Oath of office.

133. Section 3. All officers of the city elected or appointed, except justice of the peace and associate justice of the peace, shall within five (5) days after receiving notice of their election or appointment, take and subscribe the oath of office prescribed by the constitution of the state and file the same with the city clerk.

Editor's note—Justices of the peace have been abolished, see MCL § 600.9921, MSA § 27A.9921.

Appointment or employment of officer after election.

134. Section 4. No member of the council shall after his election and during the time for which he was elected, or within one year thereafter be appointed to any office or employment which shall have been created or the emoluments of which shall have been increased during such tune.

Salary not to be increased nor diminished during term.

135. Section 5. The salary or rate of compensation of any officer elected or appointed by authority of this charter shall not be increased or diminished during his term of office.

State law reference—Permissible that charter so provide, MCL § 117.5(d), MSA § 5.2084(d).

Conflicts of interest—Generally.

136. Section 6. No member of the council or any other officer of the city shall be directly or indirectly interested in any work, business, contract or service (other than official services), the expense, price or consideration of which is paid from the city treasury, or by any assessment levied by ordinance or resolution of the council; nor be the surety of any person having any contract work or business with said city for the performance of which security may be required, nor be the surety on the official bond of any officer of the city. Contracts in violation of said provision shall be void, and any member of the council, or officer of the city herein specified, offending against the provisions of this section, shall upon conviction thereof, be fined not less than five hundred (500) nor more than one thousand dollars ($1,000.00), or be imprisoned in the county jail not less than one or more than six (6) months, or both, in the discretion of the court, and shall forfeit his office.

Same—Franchises.

137. Section 7. No elective or appointive employee or officer of the city shall be directly or indirectly in the employ of any person, company or corporation holding or seeking to hold any franchise of the City of Wyandotte, or shall receive, directly or indirectly, any wage, commission, fee, gift, favor, or payment from any such franchise holder; and a violation of this section shall, ipso facto, render vacant the position held by the person so violating it, and shall be punished as bribery.

Vacancies in office.

138. Section 8. In case of the expulsion, removal from office, death resignation or permanent disability of any officer elective or appointive in the city, his office shall thereby become vacant and may be so declared by the council. If any officer shall cease to be a resident of the city during his term of office, the office shall be vacated. If any officer shall be a defaulter the office shall thereby be vacated. If any person elected or appointed to office shall fail to take and file the oath of office, or shall fail to file the bond or security required for the due performance of the duties of his office, within the time herein limited therefor, the council may declare the office vacant, unless previous thereto he shall file the oath and give the requisite bond security.

Resignations.

139. Section 9. Resignations of office or employment shall be made to the council, except as herein otherwise provided, in writing and shall be subject to its approval and acceptance. All resignations shall be immediately acted upon by the council.

Appropriation or conversion of money.

140. Section 10. If any officer of the corporation shall, directly or indirectly, appropriate or convert any of the moneys, securities, evidences of value, or any property whatsoever, belonging to the corporation or any board thereof, to his own use, or shall directly or indirectly and knowingly, appropriate or convert the same to any other purpose than that for which such moneys, securities, evidences of value or property may have been appropriated, raised or received, or to any purpose not authorized by law, he shall be deemed guilty of wilful and corrupt malfeasance in office, and may be prosecuted, tried and convicted therefor, and on conviction, may be punished by fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the state prison for a period not exceeding three (3) years, or both, in the discretion of the court.

Suspension of elective officer.

141. Section 11. Any elective officer may, if written charges shall be preferred against him for any of the causes enumerated in section 12 of this charter be suspended from office by a vote of four (4) of the councilmen elect until such charges shall be heard and determined; and any officer elected or appointed by the council may be in like manner suspended from his office, and hi the event of such suspension it shall be the duty of the council to proceed to a hearing of such charges at the next regular meeting and to determine the matter at such meeting, and if such charges are sustained by the vote of a majority of said council the said officer shall be removed from office; but if such officer shall not be removed from office, he shall be entitled to resume his office and receive pay during the period of such suspension.

State law reference—Removal of officers by governor, MCL § 168.327, MSA § 6.1327.

Causes for removal.

142. Section 12. The council may remove from office any of its members, including the mayor, and may remove any other officers of the city, either elective or appointive, for any of the following causes, to wit:

(a) Wilful violation of any provision of the charter or ordinances.

(b) Conviction by a court of competent jurisdiction of any offense under the charter or ordinances or under any law of this state or of the United States, punishable by imprisonment in the state prison.

(c) Habitual drunkenness.

(d) Incompetency to perform the duties of his office.

(e) Wilful neglect of duty.

(f) Corrupt or wilful malfeasance or misfeasance in office.

(g) Wilful misconduct to the injury of the public service.

Said proceedings may be initiated by any member of said council, or by any twenty-five (25) electors as herein provided. Upon the filing with said council of a complaint in writing, specifying any matter or thing made cause for removal under this charter, which complaint shall be signed by not less than twenty-five (25) electors of said city and verified by the oath of at least one of said signers, the said council shall proceed to hear and determine said matter as herein provided. If said officer be found guilty by a majority of the councilmen elect, in such case the reason for such removal shall be entered upon the records of the council with the names and votes of the members voting on the question, and no officer shall be removed unless he be first furnished with a copy of the charges in writing, and allowed to be heard in his defense with the aid of counsel; and for such purpose the council shall have the power to compel the attendance at such hearing of witnesses, and the production of papers thereat, by subpoena or written order. The council shall hear and determine said charges within ten (10) days after service of a copy of said charges in writing as aforesaid, unless said proceedings shall be adjourned for cause to a time not exceeding thirty (30) days in all; and at such adjourned meeting the council shall hear and determine the matter as aforesaid. If such officer shall neglect to appear and answer such charges, his default shall be deemed good cause for his removal. Any person refusing or neglecting to comply with the requirements of any subpoena or written order issued and served under this section shall be liable to a fine not to exceed fifty dollars ($50.00), or confinement in the county jail not to exceed sixty (60) days on conviction of such refusal or neglect before any justice of the peace of said city.

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