SENATE BILL No. 834 October 20, 1999, Introduced by Senator JOHNSON and referred to the Committee on Judiciary. A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 3 (MCL 117.3), as amended by 1993 PA 207. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3. Each city charter shall provide FOR ALL OF the 2 following: 3 (a)For theTHE election of a mayor, who shall be the 4 chief executive officer of the city, and of a body vested with 5 legislative power, and for the election or appointment of a 6 clerk, a treasurer, an assessor or board of assessors, a board of 7 review, and other officersas may beconsidered necessary. The 8 city charter may provide for the selection of the mayor by the 9 legislative body. Elections may be by a partisan, nonpartisan, 10 or preferential ballot, or by any other legal method of voting. 11 Notwithstanding any other law or charter provision to the S01340'99 ** FDD 2 1 contrary, a city having a 1970 official population of more than 2 150,000, whose charter provides for terms of office of less than 3 4 years, and in which the term of office for the mayor and the 4 governing body are of the same length, may provide by ordinance 5 for a term of office of up to 4 years for mayor and other elected 6 city officials. The ordinance shall provide that the ordinance 7 shall take effect 60 days after it is enacted unless within the 8 60 days a petition is submitted to the city clerk signed by not 9 less than 10% of the registered electors of the city requesting 10 that the question of approval of the ordinance be submitted to 11 the electors at the next regular election or a special election 12 called for the purpose of approving or disapproving the 13 ordinance. 14 (b)For theTHE nomination of elective officers by parti- 15 san or nonpartisan primary, by petition, or by convention. 16 (c)For theTHE time, manner, and means of holding elec- 17 tions and the registration of electors. 18 (d)For theTHE qualifications, duties, and compensation 19 of the city's officers. If the city has an appointed chief 20 administrative officer, the legislative body of the city may 21 enter into an employment contract with the chief administrative 22 officer extending beyond the terms of the members of the legisla- 23 tive body unless such an employment contract is prohibited by the 24 city charter. An employment contract with a chief administrative 25 officer shall be in writing and shall specify the compensation to 26 be paid to the chief administrative officer, any procedure for 27 changing the compensation, any fringe benefits, and any other S01340'99 ** 3 1 conditions of employment.IfTHE CONTRACT SHALL STATE IF the 2 chief administrative officer serves at the pleasure of the legis- 3 lative body, AND the contractshall so state andmay provide 4 for severance pay or other benefits in the event theemployment5of thechief administrativeofficerOFFICER'S EMPLOYMENT is 6 terminated at the pleasure of the legislative body. 7 (e)For theTHE establishment of 1 or more wards, and if 8 the members of the city's legislative body are chosen by wards, 9 for equal representation for each ward in the legislative body. 10 (f) That the subjects of taxation for municipal purposes 11beARE the same as for state, county, and school purposes under 12 the general law. 13 (g)For annuallyTHE ANNUAL laying and collecting taxes in 14 a sum, except as otherwise provided by law, not to exceed 2% of 15 theassessedTAXABLE value of the real and personal property in 16 the city. Unless the charter provides for a different tax rate 17 limitation, the governing body of a city may levy and collect 18 taxes for municipal purposes in a sum not to exceed 1% of the 19assessedTAXABLE value of the real and personal property in the 20 city, subject to section 1a of chapter7VII of the municipal 21 finance act,Act No. 202 of the Public Acts of 1943, as amended,22being section 137.1a of the Michigan Compiled Laws1943 PA 202, 23 MCL 137.1A. AS USED IN THIS SUBDIVISION, "TAXABLE VALUE" IS THAT 24 VALUE DETERMINED UNDER SECTION 27A OF THE GENERAL PROPERTY TAX 25 ACT, 1893 PA 206, MCL 211.27A. 26 (h)For anAN annual appropriation of money for municipal 27 purposes. S01340'99 ** 4 1 (i)For theTHE levy, collection, and return of state, 2 county, and school taxes in conformance with the general laws of 3theTHIS state, except that the preparation of the assessment 4 roll, the meeting of the board of review, and the confirmation of 5 the assessment roll may be at the times provided in the city 6 charter. 7 (j)For theTHE public peace and health and for the safety 8 of persons and property. In providing for the public peace, 9 health, and safety, a city may expend funds or enter into con- 10 tracts with a private organization, the federal or state govern- 11 ment, a county, village, or township, or another city for serv- 12 ices considered necessary by themunicipalLEGISLATIVE body. 13vested with legislative power.Public peace, health, and safety 14 services may include the operation of child guidance and commu- 15 nity mental health clinics, the prevention, counseling, and 16 treatment of developmental disabilities, the prevention of drug 17 abuse, and the counseling and treatment of drug abusers. 18 (k)For adoptingADOPTING, continuing, amending, and 19 repealing the city ordinances and for the publication of each 20 ordinance before it becomes operative. Whether or not provided 21 in its charter, instead of publishing a true copy of an ordinance 22 before it becomes operative, the city may publish a summary of 23 the ordinance. If the city publishes a summary of the ordinance, 24 the city shall include in the publication the designation of a 25 location in the city where a true copy of the ordinance can be 26 inspected or obtained. ANY CHARTER PROVISION TO THE CONTRARY 27 NOTWITHSTANDING, A CITY MAY ADOPT AN ORDINANCE PUNISHABLE BY S01340'99 ** 5 1 IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A FINE OF NOT MORE THAN 2 $500.00, OR BOTH, IF THE VIOLATION SUBSTANTIALLY CORRESPONDS TO A 3 VIOLATION OF STATE LAW THAT IS A MISDEMEANOR FOR WHICH THE MAXI- 4 MUM PERIOD OF IMPRISONMENT IS 93 DAYS. Whether or not provided in 5 its charter, a city may adopt A PROVISION OF ANY STATE STATUTE 6 FOR WHICH THE MAXIMUM PERIOD OF IMPRISONMENT IS 93 DAYS, THE 7 MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, OR a 8 law, code, orrulesRULE thathaveHAS been promulgated and 9 adopted by an authorized agency oftheTHIS state pertaining to 10 fire, fire hazards, fire prevention, or fire waste, and a fire 11 prevention code, plumbing code, heating code, electrical code, 12 building code, refrigeration machinery code, piping code, boiler 13 code, boiler operation code, elevator machinery code, or a code 14 pertaining to flammable liquids and gases, as well as toOR 15 hazardous chemicals, that has been promulgated by this state, by 16 a department, board, or other agency of this state, or by an 17 organization or association that is organized and conducted for 18 the purpose of developing the code, by reference to the LAW, 19 code, OR RULE in an adopting ordinance and without publishing the 20 LAW, code, OR RULE in full. The LAW, code, OR RULE shall be 21 clearly identified in the ordinance and its purpose shall be pub- 22 lished with the adopting ordinance. Printed copies of the LAW, 23 code, OR RULE shall be kept in the office of the city clerk, 24 available for inspection by, and distribution to, the public at 25 all times. The publication shall contain a notice stating that a 26 complete copy of the LAW, code, OR RULE is made available to the 27 public at the office of the city clerk in compliance with state S01340'99 ** 6 1 law requiring that records of public bodies be made available to 2 the general public. 3 (l) That the businessthatOF THE legislative bodymay4performshall be conducted at a public meeting held in compli- 5 ance with the open meetings act,Act No. 267 of the Public Acts6of 1976, as amended, being sections 15.261 to 15.275 of the7Michigan Compiled Laws1976 PA 267, MCL 15.261 TO 15.275. All 8 records of the municipality shall be made available to the gen- 9 eral public in compliance with the freedom of information act, 10Act No. 442 of the Public Acts of 1976, as amended, being sec-11tions 15.231 to 15.246 of the Michigan Compiled Laws1976 PA 12 442, MCL 15.231 TO 15.246. 13 (m)For keepingKEEPING in the English language a written 14 or printed journal of each session of the legislative body. 15 (n)For aA system of accounts that conforms to a uniform 16 system of accounts as required by law. S01340'99 ** Final page. FDD