We the people of the City of Flushing,
County of Genesee, State of Michigan pursuant to the authority granted by the
Constitution and the Statutes of the State of Michigan in order to secure the
benefits of self government and to provide for the public peace, and health and
for the safety of persons and property do hereby ordain and establish this
charter of the City of Flushing, Michigan.
ARTICLE
I
General
Provisions
BOUNDARIES:
Section 1.1
(a)
The Municipal Corporation now existing and known as the City of
(b)
The Clerk shall maintain and keep available in the City office of the
Clerk for public inspection the official description and map of the current
boundaries of the City.
FORM OF
GOVERNMENT:
Section 1.2 The
municipal government provided for in this Charter shall be the
"Council-Manager" form of government.
Pursuant to the provisions of this Charter and the general state law and
subject only to limitations imposed by the Constitution of the State of
MUNICIPAL
POWERS:
Section 1.3 This
Charter provides for the exercise of all municipal powers in the management and
control of municipal property and in the administration of the municipal
government, whether such powers be expressly enumerated or not; for any act to
advance the interests of the City, the good government and prosperity of the
municipality and its inhabitants and through its regularly constituted
authority to pass all laws and ordinances relating to its municipal concerns
subject to the constitution and general laws of this state.
AMENDMENTS:
Section 1.4 This
Charter may be amended at any time in the manner provided by statute. Should two or more amendments adopted at the
same election have conflicting provisions, the one receiving the largest
affirmative vote shall prevail as to those provisions.
ARTICLE
AND SECTION HEADINGS:
Section 1.5 The Chapter, section and sub-section headings used in this
Charter are for convenience only and shall not be considered part of the
Charter.
RECORDS
TO BE PUBLIC:
Section 1.6 All
records of the City shall be public and shall be kept in the City offices
except when required for official reasons or for purposes of safe keeping to be
elsewhere, and shall be available for inspection at all reasonable times.
VIOLATION
OF CHARTER:
Section 1.7 Any person found guilty of an act constituting misconduct in office
or a violation of this Charter may be punished by a fine not exceeding five
hundred dollars, or by imprisonment for a period not to exceed ninety days, or
both, in the discretion of the court.
This section shall not operate to limit or prejudice the power to remove
officers or discharge employees as provided in this Charter.
SEVERABILITY
OF CHARTER PROVISIONS:
Section 1.8 Should
any portion of this Charter be declared void, illegal and unconstitutional,
such finding shall not invalidate the remainder of the Charter.
CITY
LIABILITY:
Section 1.9 Any person having a claim against the City by reason of negligence
for damages to person or property shall give the City written notice of the
claim within 120 days. This notice shall
be served on the City clerk and shall contain the time and place of such
injury, the manner in which it occurred, the extent of such damages as far as
the same has become known, the names and addresses of the witnesses known at
the time by the claimant, and a statement that the person sustaining such
damages intends to hold the City liable for such damages as may have been
sustained by him/her. The 120 day notice
requirement corresponds with the current state law. If the statute is amended and the notice
requirement is changed then the notice requirement as outlined in this section
shall change to correspond with state law.
Failure to give notice as outlined in this
section may be reason to dismiss any claim for such injuries. The standard of review to dismiss the claim
for failure to give required notice shall be the same as is outlined in state
statute.
Upon receiving notice the City shall
respond promptly to each such claim under procedures established by the City
Council. The claimant may be notified
that the City is not liable because of immunity or some other defense. In addition to the defenses outlined in the
City's response to the notice of claim the City may allege other defenses if
the claim is pursued in a forum such as a court of law.
If the City recognizes the possibility of
liability, the response shall specify the appropriate procedure for the
resolution of the issue of liability and adjustment of the amount of damages by
mediation, arbitration or any other means chosen to protect the public
interest. A claimant's failure to follow
the reasonable procedures designed to allow the City to fairly investigate the
circumstances of the claim, determine liability and fix damage must be brought
to the attention of any body or official with discretionary authority over the
award of costs.
The provisions of this Charter are not
intended to waive any immunity from tort liability provided by statute or
common law.
PROCESSES
AGAINST THE CITY:
Section 1.10 All process against the City shall run by statute against the
City in the corporate name thereof, and must be served by leaving a true copy
with the mayor, City clerk, or City attorney.
ESTOPPEL:
Section 1.11 No estoppel may be created against the City.
TRUSTS:
Section 1.12 All trusts established for any municipal purpose shall be used
and continued in accordance with the terms of such trust, subject to the cy
pres doctrine. The Council may in its
discretion, receive and hold any property in trust for any municipal purpose
and shall apply the same to the execution of such trust and for no other
purposes, except in cases where the cy pres doctrine shall apply.
DEFINITIONS
AND INTERPRETATIONS:
Section 1.13 Except as otherwise specifically defined herein or indicated by
the context, words used in this Charter shall have
their ordinary dictionary meaning:
(a) "Newspaper"
- A publication generally distributed in the
(b) "City"
- The City of Flushing, Michigan, a municipal corporation.
(c) "Council"
- The City Council of the City.
(d) The
words "law" or "general laws of the State" shall denote the
Constitution and the Public Acts of the State of
(e) "Tax
day" - December 31.
FAMILIARITY
OF CITY OFFICIALS WITH CITY CHARTER:
Section 1.14 Persons serving on City Council, Boards, Commissions, City
Administrators, City Attorney and City Manager are required to read the City
Charter and indicate that they have read the City Charter by filing a signed
letter with the City Clerk indicating that he/she has read the Charter.
ARTICLE
II
Elections
QUALIFICATIONS
OF ELECTORS:
Section 2.1 The residents of the City, having qualifications of an elector in
the State of
ELECTION
PROCEDURE:
Section 2.2 The election of all City officers as provided in this Charter shall
be on a non-partisan basis. The general
election laws of the state shall apply to and control, as near as may be, all
procedures relating to registration and City elections except as such general
laws relate to political parties or partisan procedure and except as otherwise
provided in this Charter.
REGULAR
ELECTIONS:
Section 2.3 A regular City election shall be held on the first Tuesday after the
first Monday of November in each odd numbered year or as may be changed from
time to time by State statute.
SPECIAL
ELECTIONS:
Section 2.4
NOTICE
OF ELECTION:
Section 2.5 Notice of the time and place of holding any City election and of the
officers to be elected and the questions to be voted upon shall be given by the
Clerk in the same manner and at the same time as provided in the general state
law for the giving of notice by City Clerks.
VOTING
HOURS:
Section 2.6 The polls of all elections shall open at such time and remain open
for the period of time as provided by general state law of the State of
COUNCIL
DISTRICTS AND ELECTION PRECINCTS:
Section 2.7
(a) For
the purpose of electing members of the Council the City of
(b) The
boundaries of the election precincts may or may not coincide with the
boundaries of the districts.
(c) The
Clerk shall maintain and keep available in his/her office for public inspection
a full description of the current boundaries of each Council District and of
each voting precinct therein.
ELECTION
COMMISSION:
Section 2.8 There is an election commission consisting of the City Clerk, who
shall be chairperson and two qualified electors of the City.
Said electors, during their tenure in office,
shall not be City officials or employees or candidates for elective office in
City elections.
(a) The
council shall make appointments to the election commission;
(b) appointment shall be for four year terms.
The election commission shall establish
precincts only after the City Council has held a public hearing on the
additional precincts requested, following which City Council can approve or
disapprove the additional precincts.
NOMINATING
PETITIONS:
Section 2.9 The persons desiring to qualify as candidates for any elective
office under this Charter shall file with the City Clerk a petition therefor
signed by not less than twenty-five (25) nor more than fifty (50) registered
electors of the District or municipality from which they seek to be elected. Such petitions shall be filed with the City
Clerk's office before 4:00 P.M. on the first Tuesday succeeding the first
Monday in August prior to the date of the Regular election. At least one week before and not more than
three weeks before the last date for filing nominating petitions, the Clerk
shall publish notice to that effect.
Official Blank nominating petitions in
substantially the same form designated by the Secretary of State for use in the
nomination of non-partisan judicial officers, shall be
prepared and furnished by the Clerk.
Before the Clerk shall furnish official blank nominating petitions to
any person, he/she shall enter thereon with typewriter or in ink the name of
the person who is to be nominated as a candidate. No petition which has been altered with
respect to such entry shall be received by the Clerk for filing. Nominating petitions for the purpose of
filling a vacancy shall so state in connection with the name of the office for
which they are to be used. No person
shall sign his/her name to a greater number of petitions for any one office
than there are candidates to be elected to said
office. Where any name
appears on more petitions than there are candidates to be elected to said
office, such name shall not be counted on any petition for that office.
APPROVAL
OF PETITIONS:
Section 2.10 The Clerk shall accept only nomination petitions which conform with the forms provided and maintained by him/her, and which
considered together contain the required number of valid signatures for
candidates having those qualifications required for the respective elective
city offices by this Charter. When a
petition is filed by persons other than the person whose name appears thereon
as a candidate, it may be accepted only when accompanied by the written consent
of the candidate. The Clerk shall within
five days after the filing of petition, notify in writing any candidate whose
petition is then known not to meet the requirements of this section, but the
failure to so notify any candidate shall in no way prevent a final
determination that the petition does not meet such requirements. If he/she finds that any petition does not
contain the required number of genuine signatures of registered electors of the
City or district involved, he/she shall immediately notify the candidate in
writing of the insufficiency of his/her petition. No additional signatures on any petition
shall be received by the Clerk after the final date and time fixed for filing
nomination petitions. Within five days
after the last date for filing petitions, the Clerk shall make his/her final
determinations as to the validity and sufficiency of each nomination petition
and whether or not the candidate has the qualifications required for the
respective City office by this Charter and shall write his/her determinations
thereof on the face of the petition and shall notify in writing the candidate
whose name appears thereon of his/her determinations.
PUBLIC
INSPECTION OF PETITIONS:
Section 2.11 All nominating petitions shall be open to public inspection
after being filed in the office of the Clerk, in accordance with such
reasonable rules and regulations as shall be prescribed by him/her.
FORM OF
BALLOTS:
Section 2.12 The form of the ballot used in any City election shall conform
as nearly as may be to that prescribed by the general laws of the state, except
that no party designation or emblem shall appear upon any City ballot. The names of qualified nominees for each
office shall be listed and shall be rotated on the ballots as prescribed by
state statute. In all other respects the
printing and numbering of ballots shall conform to the general laws of the
state, relating to elections.
ABSENTEE
BALLOTS:
Section 2.13 The electors of the City shall be entitled to vote by absentee
ballots at any City election under the circumstances and in the manner provided
by law.
TIE
VOTE:
Section 2.14 If at any City election, there shall be no choice between
candidates by reason of two (2) or more candidates having received an equal
number of votes, then the determination of the election of such candidate, by
lot, will be as provided by state statute.
RECOUNT:
Section 2.15 The recount of the votes cast at any City election for any
office, or upon any proposition, may be had in accordance with the general
election laws of the state.
RECALL:
Section 2.16 Every elective officer of the City is subject to recall by the
qualified voters of the City in the manner and at the time provided by the
general laws of the State of
ARTICLE
III
Legislative
Body
COUNCIL:
Section 3.1 The legislative affairs of the City shall be vested in a Council
consisting of seven councilpersons, including a Mayor, one to be elected Mayor
at large, one to be elected from each of four districts and the remaining two
to be elected at large. All candidates
for the Council from districts and all candidates from the City at large shall
be voted upon by the qualified voters of the City as if all candidates were
candidates at large.
DISTRICTS:
Section 3.2 The four Council Districts shall be numbered beginning with the
Southeast district and proceeding counterclockwise thus: I, II, III, IV.
(a) Each
District shall have the same boundaries as shall exist on the effective date of
this charter until changed in accordance with law.
(b) The
Election Commission shall revise the boundaries of the district within sixty
(60) days after the figures from a
(c) If
the last decennial
(d) The
Election Commission shall, to the greatest extent possible, establish districts
that are compact, contiguous, equal population and as nearly rectangular as
practicable.
(e) New
district boundaries created within (4) months of a city election shall become
effective after the City election.
(f) The
Council Districts shall be in accordance with the map made part of this Charter
and adopted by the Charter Commission.
SALARIES:
Section 3.3 The salaries of all elected officials shall be set by ordinance
within thirty (30) days following the effective date of this charter. Thereafter, no change in compensation of
elective officials shall take effect until after the ordinance is amended and
the regular council election takes place.
TERMS:
Section 3.4 Terms of Councilmembers shall begin on the first Monday following
the election. General municipal election
shall be held every two years, with councilmembers being elected for four year
terms, except for the candidate for Mayor councilmember
at large, shall be elected for a two year term.
At each general municipal election, the voters shall elect three members
to serve as City Councilpersons, plus a mayor, unless additional members are to
be elected to fill a vacancy, in accordance with the following table:
COUNCILPERSON
TERMS OF OFFICE
ELECTION I
II III IV
AT LARGE MAYOR AT LARGE
YRS.
YRS.
1995 4
4 4 2
1997 4 4
4 2
1999 4
4 4 2
ALL
FUTURE ELECTIONS SHALL CONFORM WITH THE PATTERN ABOVE.
QUALIFICATIONS
FOR COUNCILPERSONS:
Section 3.5 To be eligible for election to the City Council, a person shall be
an elector of the City, and shall have been a resident of the City for a period
of not less than one year immediately preceding the date of his/her
election. To qualify as a candidate for
the Council from a district, a candidate must be a resident of the district
from which he/she seeks election at the time he/she
files his/her petitions.
PRESIDING
OFFICER:
Section 3.6 The Council shall meet for organization on the first Monday
following each regular election at the usual place for holding Council
meetings. The Mayor is the presiding
officer. He/she shall serve for a 2-year
term. The Council shall at this meeting
review and update the Council rules.
FUNCTIONAL
DUTIES OF THE MAYOR:
Section 3.7
(a) Insofar
as required by law, and for all ceremonial purposes, the Mayor shall be
recognized as the executive head of the City.
He/she shall have an equal voice and vote in the proceedings of the
Council, but shall have no veto power.
He/she shall be the presiding officer of the Council.
(b) He/she
shall be a conservator of the peace, and may exercise within the City the
powers conferred upon sheriffs to suppress disorder, and shall have the power
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.
(c) He/she
shall authenticate by his/her signature such instruments as the Council, this
Charter, or the laws of the State of
MAYOR
PROTEM:
Section 3.8 At the meeting provided for in Section 3.6 there shall be elected by
ballot a Mayor pro-tem from the Members of the Council. The Mayor pro-tem shall act as Mayor during
the absence of the Mayor.
OATH OF
OFFICE:
Section 3.9 Before entering upon the duties of his/her office, every elective
and appointive officer shall take, subscribe before, and file with the City
Clerk, an oath or affirmation that he/she will support the Constitution of the
United States, the Constitution of the State of Michigan, this Charter and
ordinances of the City, and will faithfully perform the duties of the office.
COUNCIL
MEETINGS:
Section 3.10 The Council shall meet regularly at the usual meeting place, at
least once each month, at a day and hour to be fixed from time to time by the
rules and procedures of each Council.
The Council shall determine the rules of procedure governing
meetings. All meetings for the
transaction of business shall be open to the public, and that the business of
the City will be subject to the Open Meetings Act.
Special
meetings or change of location of regular meetings of the Council may be called
in the manner and at the time provided for by the rules of procedure of the
Council. Such notice shall be in writing
and may be delivered to the place of residence or to an address other than the
residence if so requested by the councilperson.
The notice of such meeting shall be given at least eighteen (18) hours
prior to the meeting and shall contain the proposed agenda to be
considered. No notice need be given if
such notice has been provided at a previous meeting at which all councilpersons
were present.
Four members of the Council shall
constitute a quorum.
VACANCIES:
Section 3.11 A Councilperson shall continue to hold his/her office until
his/her successor is duly qualified as provided in Section 3.5. A vacancy shall occur whenever any
Councilperson shall become incapacitated, or if a Councilperson shall remove
from or become a non-resident of the City or of the district in which he/she
was nominated, during the term of his/her office. In case of a vacancy, the remaining Council
shall choose, by majority vote and within thirty days after such vacancy
occurs, a duly qualified person as provided in Section 3.5 to fill such
vacancy. He/she shall serve until
his/her successor, elected for the remainder of the term at the next ensuing general
(municipal, State or Federal) election, has been duly qualified. If three or more such vacancies exist in the
Council simultaneously, such vacancies shall be filled for the respective
unexpired terms at a special election.
COUNCIL
MEMBERSHIP RULES:
Section 3.12 The Council shall be the judge of the election and
qualifications of its own members, subject to judicial review.
POWERS:
Section 3.13 The Council shall have all municipal legislative powers as
conferred by the laws of the State of
THE
COUNCIL NOT TO INTERFERE WITH ADMINISTRATIVE SERVICE:
Section 3.14 Except for the City Attorney, the Council and its members shall
deal with the administrative service of the City solely through the City
Manager. No elected official shall give orders to any subordinates of the City
Manager either publicly or privately.
REMOVALS
FROM OFFICE:
Section 3.15 Officers, or members of boards or commissions, appointed by the
Council, shall serve at the pleasure of the Council.
INVESTIGATIONS:
Section 3.16
(a) The
City Council may make investigation into the affairs of the City and the
conduct of any City agency.
(b) The
City Council may subpoena witnesses, administer oaths, take testimony and
require the production of evidence in any matter pending before it.
(c) To
enforce a subpoena or order of introduction of evidence or to impose any
penalty prescribed for failure to obey a subpoena or order the City Council
shall apply to the appropriate court.
ARTICLE
IV
Legislation
PRIOR
LEGISLATION:
Section 4.1 All valid ordinances of the City of
The zoning regulations in effect at the
date of this charter of the City of
Those provisions of any effective
ordinance which are inconsistent with this Charter are hereby repealed.
ORDINANCES
AND RESOLUTIONS:
Section 4.2 All official action of the Council shall be by ordinance,
resolution, or order. Action by
resolution or order shall be limited to matters required or permitted to be so
done by this Charter or by state or federal law or pertaining to the internal
affairs or concerns of the City government.
All other acts of the Council and all acts carrying a penalty for the
violation thereof, shall be by ordinance. Each ordinance shall be identified by a short
title and by a number, and by a code section number.
Each proposed ordinance shall be
introduced in written or printed form.
The style of all ordinances shall be:
"The City of
ENACTMENT,
AMENDMENT, REPEAL AND EFFECTIVE DATE OF ORDINANCES:
Section 4.3 Subject to the exceptions which follow hereafter,
(a) Ordinances
may be enacted by the affirmative vote of not less than four members of the
Council;
(b) No
ordinance shall be amended or repealed except by an ordinance adopted as
aforesaid;
(c) No
ordinance shall be enacted at the meeting at which it is introduced nor shall
an ordinance become effective until after publication of the proposed ordinance
or summary thereof; and
(d) The
effective date of all ordinances shall be prescribed therein but the effective
date shall not be earlier than twenty days after enactment nor
before publication thereof.
(e) It
is provided, however, that an ordinance which is declared therein to be an
emergency ordinance which is immediately necessary for the preservation of the
public peace, health or safety or to provide for the usual daily operation of a
department or division of government may be enacted at the meeting at which it
is introduced but not having an effective date before publication, and may be
given earlier effect than twenty days after its enactment by the affirmative
votes of six members of the Council if seven members are present at the meeting
at which it is enacted, or by the affirmative votes of five members if five or
six members of the Council are present at the meeting at which it is enacted.
(f) In
case an ordinance is given effect earlier than twenty days after its enactment,
the requirements for publication before such ordinance becomes operative may be
met by posting copies thereof in conspicuous locations in three public places
in the City, other provisions of this Charter notwithstanding, and the Clerk
shall, immediately after such posting, enter in the Ordinance Book under the
record of the ordinance, a certificate under his/her hand stating the time and
place of such publication by posting, which certificate shall be prima facie
evidence of such publication by posting of the ordinance, but the failure to so
record and authenticate such ordinance shall not invalidate it nor suspend its
operation. Such ordinance shall also be
published in accordance with Section 4.4 but not as a requirement for the
effectiveness thereof.
(g) No
ordinance granting any public utility franchise shall be enacted except in
accordance with the provisions of Article IX of this Charter.
(h) No
ordinance shall be amended by reference to the title only, but the amended
section or sections of the ordinance as amended shall be re-enacted and
published. However, an ordinance or
section thereof may be repealed by references to its title and ordinance or
code number only.
PUBLICATION
AND RECORDING OF ORDINANCES:
Section 4.4 Each ordinance shall be published within fifteen days after its
enactment in one of the following methods:
(a) The
full text thereof may be published in a local newspaper, or
(b) in
those cases where authorized by law a digest, summary or statement of purpose
of the ordinance, approved by the Council may be published in a local newspaper
either separately or as part of the published Council proceedings or summary
thereof. When so done, copies of the
full text of the ordinance shall be made available for inspection at the office
of the City Clerk.
All ordinances shall be recorded by the
Clerk in a book to be called "The Ordinance Book," and it shall be
the duty of the Mayor and the Clerk to authenticate such records by their
official signatures thereon, but the failure to so record and authenticate any
such ordinance shall not invalidate it or suspend its operation.
PENALTIES
FOR VIOLATING OF ORDINANCES:
Section 4.5 The Council may provide in any ordinance for the punishment of those
who violate its provisions. The
punishment for the violation of any City ordinance shall not exceed the maximum
allowed by state law.
SPECIAL
PROCEDURE ON VOTE ON CERTAIN COUNCIL ACTIONS:
Section 4.6
(a) Action
to vacate, discontinue or abolish any highway, street, lane, alley, or other
public place or part thereof shall be by resolution. After the introduction of such resolution and
before its final adoption the Council shall hold a public hearing thereon and
shall publish notice of such hearing at least one week prior thereto.
(b) The
following actions shall require the affirmative vote of four members of the
Council for the effectiveness thereof:
(1) Vacating,
discontinuing or abolishing any highway, street, lane, alley or other public
place or part thereof;
(2) Leasing,
selling or disposing of any City owned real estate or interest therein;
(3) Authorizing
the condemnation of private property for public use;
(4) Creating
or abolishing any office;
(5) Appropriating
any money;
(6) Imposing
any tax or assessment;
(7) Reconsidering
or rescinding any vote of the Council.
TECHNICAL
CODES ADOPTED BY REFERENCE:
Section 4.7 In accordance with statute, the Council may enact technical codes by
reference thereto in an enacting ordinance and without publishing such codes in
full.
SEVERABILITY
OF ORDINANCES:
Section 4.8 Unless an ordinance shall expressly provide to the contrary if any
portion of an ordinance or the application thereof to any person or
circumstances shall be found to be invalid by a court, such invalidity shall
not affect the remaining portions or applications of the ordinance which can be
given effect without the invalid portion or application, provided such
remaining portions or applications are not determined by the court to be
inoperable, and to this end ordinances are declared to be severable.
COMPILATION:
Section 4.9
(a) Copies
of this Charter and all ordinances and amendments to the Charter shall be
prepared and kept on hand in the office of the Clerk, available for public
distribution at a reasonable charge.
(b) After
the effective date of this Charter and at least every ten years thereafter, the
City Council shall provide for and adopt a codification of all City
ordinances. In case the compilation or
codification of the ordinances of the City shall have been maintained current
and up to date during any ten (10) year period no re-compilation or
re-codification of the ordinances of the City shall be required during or at
the end of each period.
INITIATIVE
AND REFERENDUM:
Section 4.10 The electors of the City may initiate any ordinance or secure a
referendum on any ordinance, except annual tax levy ordinances, by petition as
hereinafter provided, subject to limitations of State law.
INITIATIVE
OR REFERENDARY PETITIONS:
Section 4.11 An initiatory or a referendary petition shall be signed by
registered electors of the City equal to not less than four percent of the
number of registered electors of the City according to the records of the Clerk
on the date the petition is filed. No
referendum shall be permitted respecting any ordinance required to be passed by
the Council by any law, except in the manner provided by such law. Such petition may be the aggregate of two or
more petition papers. Each signer of a
petition shall sign his/her name and shall, himself/herself, place thereon
after his/her name, the date and his/her place of residence by street and
number. To each petition paper there
shall be attached a sworn affidavit by the circulator thereof, stating that
each signature thereon is the genuine signature of the person whose name it
purports to be and that it was signed in the presence of the affiant. Such petition shall be filed with the Clerk
who shall, within ten days, canvass the signatures thereon to determine the
sufficiency thereof. Any signatures
obtained more than sixty days before the filing of such petition with the Clerk
shall not be counted. If found to
contain an insufficient number of signatures of registered electors, or to be
improper as to form or compliance with the requirements of this section, the
Clerk shall notify, forthwith, the person filing such petition, and ten days
from such notification shall be allowed for the filing of supplemental petition
papers. If found sufficient and proper,
the Clerk shall present the petition to the Council at its next regular
meeting. If found insufficient, the
Clerk shall report to the Council and no further action shall be held.
COUNCIL
PROCEDURE:
Section 4.12 Upon receiving an initiatory or referendary petition from the
Clerk, the Council shall:
(a) If
it be an initiatory petition, adopt the ordinance as submitted in the petition
within thirty days after the receipt thereof, or submit the proposal to the
electors within a period of ninety days after the receipt thereof.
(b) If
it be a referendary petition, the Council shall repeal the ordinance or submit
the proposal to the electors within a period of ninety days after the receipt
thereof.
SUBMISSION
TO ELECTORS:
Section 4.13 Should the Council decide to submit the proposal to the
electors, it shall be submitted at a special election or a general election
insofar as it shall comply with section 4.12 of this Charter. The result shall be determined by a majority
vote of the electors voting thereon, except in cases where otherwise required
by law.
STATUS
OF ORDINANCES ADOPTED:
Section 4.14 An ordinance adopted by the electorate through initiatory proceedings
may not be amended or repealed by the Council for a period of two years after
the date of the election at which it was adopted. Should two or more ordinances be adopted at
the same election which have conflicting provisions, the one receiving the
largest affirmative vote shall prevail as to those provisions.
ORDINANCE
SUSPENDED:
Section 4.15 The certification by the Clerk of the sufficiency of a
referendary petition within thirty days after the passage of the ordinance to
which such petition refers shall automatically suspend the operation of the
ordinance in question, pending repeal by the Council or the final determination
of the electors thereon.
HEALTH
AND SAFETY:
Section 4.16 The Council may enact such ordinances as necessary for the preservation
and protection of the health and safety of the City inhabitants to the extent
permitted by state law.
ARTICLE
V
Administrative
Service
ADMINISTRATIVE
OFFICERS:
Section 5.1 The administrative officers of the City shall be the City Manager, City
Attorney, City Clerk, City Treasurer, City Assessor and department heads. The Council may, by ordinance, upon the
recommendation of the City Manager, create additional administrative offices,
or combine any administrative offices in any manner, not inconsistent with law,
and prescribe the duties thereof as it may deem necessary for the proper
operation of the City government. No
creation of any administrative office, nor any combination thereof, shall
abolish the office of City Manager, nor diminish the duties or responsibilities
of that office, as set forth in this Charter.
(a) In
making appointments of administrative officers, the appointing authority shall
consider only the good of the public service and the fitness of the appointee
for his/her ability to discharge the duties of the office to which he/she is
appointed.
(b) In
making appointments of administrative officers, the appointing authority shall
give primary consideration to electors of the City.
(c) All
persons employed by the City, who are not elective or administrative officers,
or members of a board created by this Charter, or declared to be administrative
officers by or under authority of this section, shall be deemed to be employees
of the City, excepting independent contractors and employees thereof.
APPOINTMENTS:
Section 5.2 The City Manager and the City Attorney shall be appointed by and
hold office at the pleasure of the Council, which body shall also set their
compensation.
(a) All
other administrative officers shall be appointed by the City Manager, subject
to confirmation of the Council before any such appointment shall be final. The compensation of all administrative
officers, other than the City Manager and the City Attorney, shall be set by
the City Manager in accordance with budget appropriations.
(b) The
term of office of each such officer appointed by the City Manager shall be
indefinite. Officers appointed by the
City Manager shall be subject to removal by the City Manager upon approval of
such action by the Council.
THE
CITY MANAGER:
Section 5.3
Part I
- Qualifications
(a) No
member of the Council may be appointed to the position of City Manager during
the term of office for which he/she was elected, and one year thereafter.
(b) To
be eligible for appointment as a City Manager, a person must have had training
for, or previous experience in city, public, or business administration.
Part II
- Function
The City Manager shall be the
administrative agent of the Council, and shall be vested with all administrative
powers of the City, except as otherwise provided by this Charter, and shall
perform the duties of his/her office under the authority of, and be accountable
to the Council. Except as otherwise
provided in this Charter, or required by law, all administrative officers,
other than the City Attorney and members of City Boards, shall be responsible
to him/her for the performance of their duties.
Part
III - Duties
It shall be the duty of the City Manager
to:
(a) Supervise
and coordinate the work of the administrative officers and departments of the
City, except as otherwise provided in this Charter.
(b) Supervise
and coordinate the personnel policies and practices of the City.
(c) Keep
informed and report to the Council concerning the work of the several
administrative offices and departments of the City, and to that end, he/she may
secure from the administrative officers and department heads such information
and periodic or special reports as he/she, or the Council, may deem necessary.
(d) In
case of conflict of authority between officers and administrative departments,
or in absence of administrative authority, occasioned by inadequacy of Charter
or ordinance provisions, resolve the conflict or supply the necessary authority
so far as may be consistent with law, Charter, and the ordinances of the City,
and direct the necessary action to be taken in conformance therewith, making a
full report to the Council at the next regular or special meeting thereof.
(e) Attend
all meetings of the Council, with the right to be heard in all administrative
matters before the Council, but without the right to vote.
(f) Recommend
to the Council, from time to time, such measures as he/she deems necessary or
appropriate for the improvement of the City administration or its services.
(g) Prepare
and maintain an administrative code, which, when adopted by the Council, shall
supplement this Charter in establishing the duties and functions of each
officer and department of the City.
(h) Furnish
the Council with information concerning City affairs and prepare and submit
such reports as may be required, or which shall consolidate the reports of the
several officers and departments of the City.
(i) Possess
such further powers and perform such additional duties as may be granted to or
required of him/her from time to time by the Council, so far as may be
consistent with the provisions of law, Charter, and the ordinances of the City.
CITY
ATTORNEY:
Section 5.4 The City Attorney shall be appointed by the Council and shall act as
the legal advisor of and be responsible to the Council in all respects
concerning the performance of his/her official duties as indicated. The Council shall, after an election,
reappoint or appoint the City Attorney.
(a) He/she
shall advise the City Manager concerning legal problems affecting the City
administration, the City Clerk, the Treasurer, and the Assessor, concerning
their statutory and Charter duties, when so requested, and shall file with the
Clerk a copy of all written opinions given by him/her.
(b) He/she
shall prosecute ordinance violations and shall represent the City in cases
before courts and other tribunals.
(c) He/she
shall prepare, or review, all ordinances, regulations, contracts, bonds, and
such other instruments that may be required by this Charter, or by the Council,
and shall promptly give his/her opinion as to the legality thereof.
(d) He/she
shall attend the meetings of the Council when requested.
(e) He/she
shall perform such other duties as may be prescribed for him/her by this
Charter or by the Council.
(f) Upon
the Attorney's recommendation, or upon its own initiative, the Council may
provide for an assistant to the City Attorney, and may retain special legal
counsel to handle any matter in which the City has an interest, or to assist
the City Attorney in connection therewith.
THE
CITY CLERK:
Section 5.5 The City Clerk shall be clerk of the Council.
(a) He/she,
or his/her deputy, shall attend all meetings of the Council and shall keep a
permanent journal of its proceedings in the English language. The journal shall be open to the public at
all times.
(b) He/she
shall be custodian of the City seal and shall affix it to all documents and
instruments requiring the seal, and shall attest the same. He/she shall also be custodian of all papers,
documents, and records pertaining to the City, the custody of which is not
otherwise provided by law. He/she shall
give to the proper officials ample notice of the expiration or termination of
their terms of office and of any official bonds, and of franchises, contracts,
or agreements to which the City is a party.
(c) He/she
shall keep a record of all ordinances, resolutions and actions of the Council,
and shall keep the City Manager informed with respect thereto.
(d) He/she
shall have power to administer all oaths required by law and the ordinances of
the City.
(e) He/she
shall certify all ordinances and resolutions enacted or passed by the Council.
(f) He/she
shall perform such other duties in connection with his/her office as may be
required of him/her by administrative order of the City Manager, with the
approval of the Council and by law and the ordinances or resolutions of the
Council.
(g) He/she
shall maintain a system of accounts which shall conform to the Uniform System
of Accounts as may be required by law.
(h) The
records of the City shall be made available to the general public in compliance
with the Freedom of Information Act.
THE
CITY TREASURER:
Section 5.6 The City Treasurer shall have custody of all moneys of the City and
all evidences of value belonging to or held in trust by the City.
(a) He/she
shall keep and deposit all moneys or funds in such manner and only in such
places as the Council may determine, or as may be required by law or ordinances
of the City.
(b) He/she
shall have such power, duties, and prerogatives in regard to the collection and
custody of state, county, school district, and City taxes and moneys as are
conferred by law.
(c) He/she
shall perform such other duties as may be prescribed by law or by the City
Manager with the approval of the Council.
THE
CITY ASSESSOR:
Section 5.7 The City Assessor shall possess all the powers vested in, and shall
be charged with all the duties imposed upon assessing officers by law.
(a) He/she
shall make and prepare all regular and special assessment rolls in the manner
prescribed by or under authority of law.
(b) He/she
shall perform such other duties as may be prescribed by law or by the City
Manager with the approval of the Council.
DEPUTIES:
Section 5.8 The Clerk, the Treasurer, and the Assessor may appoint their own
deputies, subject to the written confirmation of the City Manager, and may
terminate the status of their deputies upon written approval of the City
Manager. Such deputies shall, in each
case, possess all the powers and authority of their superior officers, except
as the same may be from time to time, limited by their superiors or by the City
Manager.
POLICE
DEPARTMENT:
Section 5.9 The Chief of Police shall be in charge of the Police
Department. To be eligible for
appointment as Chief of Police, a person must be qualified for such office by
education, training or experience. Such
qualifications shall be determined by the City Council. Police officers shall have all the powers,
immunities and privileges granted to peace officers by law for the making of
arrests, the preservation of order, and for protecting the safety of persons in
the City and on any lands and premises owned by the City outside its corporate
limits.
FIRE
DEPARTMENT:
Section 5.10 The Fire Chief shall be the administrative head of the Fire
Department and shall be accountable and responsible to the City Manager for
performance of duty. The Chief shall
perform all duties as may be prescribed by law, this Charter, the City Manager
and/or ordinances and resolutions of the City.
DEPARTMENT
OF PUBLIC WORKS:
Section 5.11 The Public Works Director shall be the administrative head of
the Department of Public Works and shall be accountable and responsible to the
City Manager for the performance of his/her duties.
The Director shall perform all duties as
prescribed by law, this Charter, the City Manager and/or ordinances or
resolutions of the Council.
EMPLOYEE
WELFARE BENEFITS:
Section 5.12 The Council shall have the power to make available to the
administrative officers and employees of the City, other than members of City
boards or commissions, any recognized standard plan of group life, hospital,
health and accident insurance, pension plan, or any of them.
SURETY
BONDS:
Section 5.13 The Council shall require appropriate surety bonds of officers
and employees in such amounts as determined by resolution and the premiums
therefor shall be paid by the City.
DELIVERY
OF OFFICE:
Section 5.14 Whenever any officer or employee shall cease to hold such
office or employment for any reason whatsoever, he/she shall within five days,
or sooner, on demand, deliver to his/her successor in office or to his/her
superior all the books, papers, moneys and effects in his/her custody as such
officer or employee. Any officer
violating this provision may be proceeded against in the manner as public
officers generally for a like offense under statute. Any employee found guilty of violating this
provision by a competent tribunal may be punished by a fine of not to exceed
five hundred dollars or imprisonment for not to exceed ninety days, or both, in
the discretion of the court.
ARTICLE
VI
BOARDS
AND COMMISSIONS
GENERAL
PROVISIONS FOR BOARDS
CITIZEN
INVOLVEMENT IN GOVERNMENT:
Section 6.1
(a) The
people of the City of Flushing have placed the basic responsibility for the
management of this City in their elected officials. This Charter recognizes the important role
that individual citizens play in reviewing and evaluating the needs of the City
through the structure of boards and commissions. For this reason, boards, commissions and
advisory committees shall be encouraged by the City of Flushing.
(b) Citizen
involvement for the operation of the City shall be provided through review
boards and advisory boards.
TYPES
OF BOARDS:
Section 6.2
(a) Review
boards include those boards which are not administrative or advisory and whose
recommendations or decisions have legal significance. The City may create review boards by
ordinance.
(b) Advisory
boards include boards, commissions and committees established by ordinance or
this Charter and composed of citizens sharing the common goal of improving the
general welfare through their advice and assistance to the elected and
appointed full time City officials.
APPOINTMENT
OF BOARD MEMBERS:
Section 6.3
(a) Every
member of a board, commission or committee established by Charter or ordinance
shall be an officer of the City and shall possess the qualifications required
by this Charter for holding office.