Government
City Charter
Printer Friendly
Version
EDITOR'S NOTE: The Charter of the City of
Highland Park was adopted by the Charter Commission
of the City on April 24, 1968, was approved by the
Governor of the State of Michigan on June 11, 1968,
in accordance with Act No. 279 of the Public Acts of
1909, as amended, and was adopted by the electors on
June 25, 1968. Dates appearing in parentheses
following a section heading indicate that the
section was amended, enacted or repealed on the date
given.
TABLE OF CONTENTS
PREAMBLE
CHAPTER 1 INCORPORATION AND
BOUNDARIES
CHAPTER 2 DEFINITIONS AND
GENERAL PROVISIONS
CHAPTER 3 MUNICIPAL POWERS AND
LIABILITIES
CHAPTER 4 OFFICERS
CHAPTER 5 THE CITY COUNCIL
CHAPTER 6 CITY LEGISLATION
CHAPTER 7 CITY ADMINISTRATION
CHAPTER 8 BUDGET PROCEDURE AND
GENERAL FINANCE
CHAPTER 9 TAXATION
CHAPTER 10 SPECIAL ASSESSMENTS
CHAPTER 11 COUNTY SUPERVISORS
CHAPTER 12 MUNICIPAL COURT
CHAPTER 13 ELECTIONS
CHAPTER 14 CONTRACTS
CHAPTER 15 PUBLIC UTILITY
SERVICES
CHAPTER 16 FRANCHISES
CHAPTER 17 CIVIL SERVICE
CHAPTER 18 HIGHLAND PARK EMPLOYEES RETIREMENT
SYSTEM
CHAPTER 19 HIGHLAND PARK POLICEMEN AND FIREMEN
RETIREMENT SYSTEM
CHAPTER 20 TRANSITION
CHARTER OF THE CITY OF HIGHLAND PARK, MICHIGAN
PREAMBLE
We, the people of the City of Highland Park,
Michigan, in order to secure the benefits of
efficient self-government and to promote our common
welfare, do hereby enact and establish this Charter.
 CHAPTER 1
INCORPORATION AND BOUNDARIES
Sec. 1-1 Incorporation. The municipal corporation
now existing and known as the "City of Highland
Park," as its limits now are or may hereafter be
established, shall be and continue a municipal
corporation under the laws of the State of Michigan,
and shall be known by the name of "City of Highland
Park."
Sec. 1-2 Boundaries. The City shall embrace the
territory constituting the City of Highland Park, on
the effective date of this Charter as described in
Exhibit A attached hereto and made a part hereof by
this reference, together with such annexations
thereto and less such detachments therefrom as may
be made from time to time. Upon annexation or
detachment of territory, the boundaries shall be
deemed thereby changed without amendment of this
section.
Sec. 1-3 One Ward. The City shall constitute one
ward.
Sec. 1-4 Construction. The powers of the City under
this Charter shall be construed liberally in favor
of the City, and specific mention of particular
powers in the Charter shall not be construed as
limiting in any way the general power stated in this
chapter.
Sec. 1-5 Intergovernmental Relations. The City may
exercise any of its powers or perform any of its
functions and may participate in the authorized
financing thereof, jointly or in cooperation, by
contract or otherwise, with any one or more states
or political subdivisions or agencies thereof, or
the United States or any agency thereof.
EXHIBIT 'A'
(City boundaries as referenced in Sec. 1-1)
Description of the City of Highland Park, Michigan
Commencing at a point where the easterly line of
quarter section twenty-six (1/4 Sec. 26) of the ten
thousand acre tract, so-called, intersects the
northerly boundary line of the City of Detroit, said
point being the northeasterly corner of the
southerly half (S. 1/2) of said quarter section
twenty-six (1/4 Sec. 26); thence running westwardly,
along the northerly line of the southerly half of
quarter section twenty-six (1/4 Sec. 26), to the
westerly line of the easterly half (E. 1/2) of
quarter section twenty-six (1/4 Sec. 26); thence
northwardly along the westerly line of the easterly
half (E. 1/2) of quarter section twenty-six (1/4
Sec. 26); thence northwardly along the westerly line
of the easterly half (E. 1/2) of quarter section
twenty-six (1/4 Sec. 26), along the westerly line of
the easterly half (E. 1/2) of quarter section
fifteen (1/4 Sec. 15) and along the westerly line of
the easterly half (E. 1/2) of quarter section six
(1/4 Sec. 6) to the northerly line of the ten
thousand acre tract; thence northwardly on a line
parallel with Hamilton Blvd., (now known as Hamilton
Ave.) to the center of Six Mile Road, so-called,
(now known as McNichols Road); thence eastwardly,
along the center of the Six Mile Road, so-called,
(now known as McNichols Road), to the westerly line
of the right of way of the Detroit, Grand Haven &
Milwaukee Railway, as it existed March 8, 1893 (now
known as Grand Trunk Western Railroad Company);
thence southwardly, along the westerly line of the
right of way of the Detroit, Grand Haven & Milwaukee
Railway, as it existed March 8, 1893 (now known as
Grand Trunk Western Railroad Company), to the point
where said westerly line of said right of way
intersects the northerly line of the southerly half
(S. 1/2) of quarter section twenty-three (1/4 Sec.
23); thence westwardly, along the northerly line of
the southerly half (S. 1/2) of quarter section
twenty-three (1/4 Sec. 23), along the northerly line
of the southerly half (S. 1/2) of quarter section
twenty-four (1/4 Sec. 24) and along the northerly
line of the southerly half (S. 1/2) of quarter
section twenty-five (1/4 Sec. 25) to the place of
beginning; all of said territory embraced within the
foregoing boundaries being within the County of
Wayne.
CHAPTER 2
DEFINITIONS AND GENERAL PROVISIONS
Sec. 2-1 Records. All records of the City shall be
public, unless otherwise provided by law, shall be
kept in City offices, except when required for
official reasons or for purposes of safekeeping to
be elsewhere, and shall be available for inspection
at all reasonable times. Subject to any applicable
State law, the City shall have power to determine
the period and manner in which Municipal records
shall be preserved and the time and manner in which
they may be summarized, microfilmed, recorded or
destroyed.
Sec. 2-2 Definitions.
(a) "Officer" shall include the Mayor, Councilmen,
Clerk, Treasurer and Judges and all administrative
officers hereinafter provided, their deputies when
functioning as such, and such others as are so
designated by the Council from time to time.
(b) "Person" includes a body politic, corporation,
partnership or association as well as an individual.
(c) "Publish," unless otherwise provided, shall mean
publication in a newspaper circulated in the City,
the circulation of which shall be determined by
ordinance, or posting in three public places in the
City and publishing a notice in such newspaper of
the substance thereof, where it is posted, and where
complete copies may be obtained at cost.
(d) The present tense shall not be limited to the
time of the adoption of this Charter but shall
extend to and include the time of the happening of
any event or requirement to which the provision is
applied.
(e) The plural and singular shall be
interchangeable; masculine, neuter or feminine
genders shall be interchangeable.
Sec. 2-3 Deputies. Whenever this Charter requires
the performance of an act by an officer, it may be
performed by a deputy selected by him. Routine acts
not requiring official action may be performed by
any subordinate.
Sec. 2-4 Quorum. Except as otherwise expressly
provided in this Charter, a quorum of any board
created by or under authority of this Charter shall
consist of a majority of the number of its members
as established by this Charter or by the ordinances
creating such commission or board. The concurring
vote of a majority of such established number of
members of each such board shall be necessary for
official action by it.
Sec. 2-5 Penalties for Charter Violation. Any person
found guilty of any violation of this Charter may be
punished by a fine which, in addition to court costs
charged to him, shall not exceed five hundred
dollars or imprisonment for not more than ninety
days, or by both such fine and imprisonment, in the
discretion of the court. Imprisonment for violations
of this Charter may be in the City or the County
Jail, or in any work house of the State which is
authorized by law to receive prisoners of the City.
This section shall not operate to limit or prejudice
the power to remove officers or discharge employees
as provided in this Charter.
Sec. 2-6 Severability. If any provision, section or
clause of this Charter, or the application thereof
to any person or circumstances, is held invalid,
such invalidity shall not affect any remaining
portion or application of the Charter, which can be
given effect without the invalid portion or
application, and to this end, this Charter is
declared to be severable.
Sec. 2-7 Civil Rights. No person within the
corporate boundaries shall be discriminated against
because of race, creed, color, sex, age or national
origin. In order to insure nondiscrimination in
areas of housing, employment, education, public
accommodations, letting of contracts and any other
areas where a person's constitutional rights may be
abridged or denied, there shall be an unpaid Human
Relations Commission appointed by the Mayor with the
responsibilities of setting up appropriate rules and
regulations. There shall be a full-time, paid
Director of Human Relations to carry out the work of
this Commission. The City Council shall provide an
annual appropriation for the effective operation of
the Commission. It shall be the duty of the
Commission, in a manner which may be prescribed by
law, to investigate alleged discrimination, to hold
hearings, administer oaths, through court
authorization to require the attendance of witnesses
and the submission of records, to take testimony and
to issue appropriate orders in accordance with the
provisions of this Charter, and have such other
powers as are necessary to carry out the purposes of
the Commission.
CHAPTER 3
MUNICIPAL POWERS AND LIABILITIES
Sec. 3-1 General Powers. Unless otherwise provided
or limited in this Charter, the City shall possess
and be vested with all the powers, privileges, and
immunities, expressed or implied, which cities are,
or hereafter may be, permitted by law to exercise or
to include in their charters. The enumeration of
particular powers, privileges, or immunities in this
section or elsewhere in this Charter shall not be
held to be exclusive. These powers shall include
those set forth at length in Act 279 of 1909, Act 94
of 1933, and all other laws of general applicability
of the State, as now or hereafter provided, as
though quoted at length herein. The City shall have
power to manage and control the finances, rights,
interests, buildings, and property, to enter into
contracts, to do any act to advance the interest,
good government, and prosperity of the City and its
inhabitants, and to protect the public peace,
morals, health, safety, and general welfare, and to
prevent vice and immorality. In the exercise of such
powers, the City may enact ordinances, rules, and
regulations, and take such other action as may be
required, not inconsistent with law.
Sec. 3-2 Nuisances and Dilapidation. The City shall
have power to prohibit and abate dilapidation,
debris, weeds, nuisances and all other conditions
adversely affecting the peace, health, morals,
safety and welfare of the inhabitants of the City
and to establish by ordinance procedures for
declaring the existence thereof, requiring abatement
by the owner or occupant of the premises or other
person responsible for the condition, the holding of
a public hearing thereon after reasonable notice
thereof to any person materially affected by the
proceeding, the adoption of an order by the Council
requiring the abatement or removal thereof, or the
accomplishment thereof by the City and the
assessment of the cost against the premises as a
special assessment or collection of the cost against
the owner, occupant or person responsible by action
in any court of competent jurisdiction.
Sec. 3-3 Public Property. The City shall have power
to purchase, appropriate and own such real estate as
may be necessary for public grounds, parks,
boulevards, markets, public buildings, public works,
and other purposes necessary or convenient for the
public good, and for the execution of the powers
conferred in this Charter or by the statutes of this
State. Such buildings and grounds, or any part
thereof, may be sold at public sale, or leased, as
occasion may require. However, no property of the
value in excess of twenty cents per capita according
to the last preceding U.S. census, nor any park or
any part thereof, shall be sold, unless such sale be
first approved by a majority of the electors voting
thereon at any general or special election.
Sec. 3-4 Public Improvements. The City shall have
power to undertake any public work or make any
public improvement or any repair or replacement
thereof, either directly or by contract with private
persons; and to participate in any public work or
public improvement under any lawful plan by which
the whole or partial support of such work or
improvement is provided by another governmental unit
or agency.
Sec. 3-5 Public Services. The City shall have power
to acquire, construct, provide, operate, maintain,
extend, improve, encumber, and dispose of, either
within or without the City or the County of Wayne,
any and all public services, utilities, facilities,
buildings, and structures for the rendering of
public service to its inhabitants and other persons.
Sec. 3-6 Property. The City shall acquire by
purchase, installment contract, gift, condemnation,
lease, or otherwise, real and personal property, and
interests in property, either within or without the
corporate limits of the City or of Wayne County, for
any public use, purpose, improvement or service
within the scope of its powers and to encumber or
dispose of the same.
CHAPTER 4
OFFICERS
Sec. 4-1 City Officers. The elective officers shall
be the Mayor, the five Councilmen, Clerk, Treasurer
and the Municipal Judges. The appointive officers
shall be those named in Section 7-2.
Sec. 4-2 Eligibility for City Office. Except as
otherwise provided in this Charter, a person is not
eligible to become a candidate for nor to hold an
elective City office, unless he is (1) over
twenty-five years of age as of the date of filing,
and (2) a registered elector of the City for at
least two years immediately preceding the filing
date. Not more than one nonresident of the City may
be appointed as a member of any City board or
commission established by this Charter or by
ordinance, but one or more nonresidents may be
appointed as members of such board or commission
established by resolution of the Council.
Sec. 4-3 Persons Ineligible for City Office.
(a) A person who is in default to the City or to the
County of Wayne or any school district located in
the City shall not be eligible to assume any City
office. No default shall be deemed to exist in any
case where the person concerned is contesting the
claim upon which the alleged default is based in a
court of competent jurisdiction.
(b) A person who within the immediate past ten years
has been convicted of violating any provision of the
election laws of the State or of the City, or has
been convicted of a felony or of an offense
involving a violation of his oath of office, shall
not be eligible for any City office.
(c) Except in the case of joint boards or
commissions having representation from the City and
one or more other units of government, no person
shall simultaneously hold two City offices or a City
office and a City employment.
(d) No employee of the City shall be eligible for
candidacy for or appointment to an elective office
of the City, unless he shall resign from his
employment with the City before filing his
nominating petition therefor or acceptance of
appointment thereto, except that no elective officer
of the City shall be required to resign the office
held by him in order to be a candidate for City
office.
Sec. 4-4 Terms of Office.
(a) The terms of office of the Mayor, Councilman,
Clerk and Treasurer shall be four years, and of the
Municipal Judges shall be six years or as prescribed
by law.
(b) Each full-time appointed officer shall serve for
an indefinite term.
(c) The terms of office of each member of a board or
commission of the City shall be for the term of one
year, unless otherwise provided in this Charter or
the ordinance creating such board, and shall
commence on the first day of January.
(d) By resolution of the Council an elective officer
may continue, in the office held by him, after the
expiration of his term, until his successor has been
elected or appointed and has qualified for the
office.
Sec. 4-5 Notice of Election and Appointments. Within
three days after the canvass of the vote of the
election at which a person has been elected to
office or after the Council has made or confirmed an
appointment, the Clerk shall mail to the person
elected or appointed a certificate of such election
or appointment.
Sec. 4-6 Compensation of Officers. The compensation
of the elective officers of the City shall be
determined by the Council by ordinance. A
four-fifths vote shall be required to change the
compensation of the Mayor or Councilmen. Any change
for any officer shall be free of executive veto,
shall be subject to limitations in State law, and
shall be made at least thirty days prior to the
filing deadline for the office or the compensation
shall remain the same for the ensuing term. The
President of the Council shall receive five hundred
dollars per annum payable quarterly, which shall not
be subject to change, in addition to his
compensation as a member of the Council. The
compensation of all appointive administration
officers shall be determined pursuant to the budget
appropriations. The elective and appointive officers
of the City shall receive no other compensation from
the City. Within budget appropriations, reasonable
expenses may be allowed by the Council to officers,
including themselves, when actually incurred and
after audit by the Finance Director. The Council
shall determine the compensation of all boards and
commissions of the City.
Sec. 4-7 Oath of Office. Every officer, before
entering upon his duties, and all employees
designated by the Council, before entering upon
their employment, shall take the oath prescribed by
the Constitution, and shall file the same with the
Clerk.
Sec. 4-8 Surety Bonds. The Council may require any
officer or employee to give a bond, to be approved
by the City Attorney, in such sum as the Council
determines. The bond shall be conditioned upon the
faithful and proper performances of the duties of
the office or employment concerned. All official
bonds shall be corporate surety bonds and the
premiums thereof shall be paid by the City. The
bonds of all officers and employees shall be filed
with the Clerk, except that the Clerk's bond shall
be filed with the Treasurer. Any officer or employee
who is covered by a blanket surety bond need not be
bonded individually for the purpose of qualifying
for office.
Sec. 4-9 Giving of Surety by Officers Forbidden. No
officer, agent, or employee of the City shall become
surety on the official bond of any City officer,
agent, or employee, nor upon any bond or contract
executed to or made with the City, nor except for
himself or his immediate family, give or furnish any
bail or recognizance in connection with any
complaint or warrant charging the violation of this
Charter or of any ordinance of the City. No officer,
agent, or employee of the City shall be the agent of
any surety or insurer in connection with any license
granted by the City or with respect to which the
approval of the Council or any officer of the City
is required.
Sec. 4-10 Vacancies in Office.
(a) A City office shall become vacant upon the
occurrence of any of the following events:
(1) Expiration of the term of office;
(2) Death of the incumbent;
(3) Resignation;
(4) Removal from office;
(5) Ceasing to be an inhabitant of the City, except
where residence is not required as a qualification
for office;
(6) Conviction of an infamous crime, or of an
offense involving a violation of oath of office;
(7) Default to the City, unless such default is
eliminated within thirty days after written notice
thereof by the Clerk upon the direction of the
Council, or, unless the officer in good faith
contests, by recognized procedures, his liability
for the default;
(8) A decision of a competent tribunal declaring the
officer's election or appointment void;
(9) Failure to take the oath or file the bond
required for the office within ten days from the
date of election or appointment or within such other
time, thereafter, as the Council may fix;
(10) In the case of Councilman's absence from six
consecutive regular meetings of the Council, unless
such absences be excused by a majority of the
Council other than the Councilman involved;
(11) Failure to perform the duties of such office
for three consecutive months, unless such failure
shall be excused by a majority of the Council other
than the Councilman involved;
(12) Any other event which, by law, creates a
vacancy.
(b) The Mayor may remove any officer appointed by
him and may suspend any such officer pending an
investigation of any complaint or charge against
him.
Sec. 4-11 Resignations. Resignations of elective
officers shall be made in writing to the Clerk and
shall be effective when filed, unless a day certain,
not to exceed thirty days after the date of filing
of the resignation, is stated therein. Resignations
of appointive officers shall be made in writing to
the Mayor. The Mayor or the Clerk, as the case may
be, shall announce the resignation of any officer to
the Council at its next meeting.
Sec. 4-12 Recall. An elective officer may be
recalled, and the vacancy so created shall be
filled, in the manner prescribed by law.
Sec. 4-13 Filling Vacancies. The Council shall have
the power, and it shall be their duty, to fill any
vacancy existing in any elective office within
thirty days after said vacancy occurs. The
appointment to said office shall be declared to be
vacant at the date of the next City, County, State
or national election; except that if a vacancy
occurs within fifty-five days of any primary the
office shall not be declared vacant until the date
of the second City, County, State or national
election after said vacancy occurs.
Sec. 4-14 Delivery of Office to Successor. Whenever
an officer or employee resigns or is removed from
office, or his tenure in office expires, he shall
deliver, forthwith, to his successor in the office
or to the Clerk, all books, papers, moneys, and
effects in his custody which were necessary to or
were obtained as a part of the performance of his
duties.
CHAPTER 5
THE CITY COUNCIL
Sec. 5-1 The Council. The Council shall consist of
five members. The term of office of each Councilman
shall be four years from 8:00 p.m. on the Monday
next following his election, at which time the
Council shall meet and organize. In the case of
appointments to fill vacancies made under this
Charter, an appointee shall qualify for and assume
the duties of his office within ten days after his
appointment. The Council shall exercise all of the
legislative powers of the City, except as otherwise
provided by law, and shall provide for the public
peace and health, and for the safety of persons and
property.
Sec. 5-2 President. At or immediately following the
organization meeting after each election, the
Council shall select a President to preside at its
meetings and otherwise perform the duties of said
office as defined in this Charter. The member of the
Council receiving the highest number of votes at the
regular City election shall be named and designated
the Council President. If such person shall decline
the office, then the person receiving the next
highest number of votes shall be named, until a
Council President is chosen. The Council President
so named shall serve for a four year term. In the
absence or disability of the Mayor, he shall act in
his stead. In case of a vacancy or of the extended
absence or disability of the President of the
Council, the Council shall select, in the above
manner, a member to preside in this place. (Amended
7-16-77)
Sec. 5-3 Meetings.
(a) The Council shall meet in regular session in the
established Council Chamber at least twice a month
on such days and at such time as the Council shall
establish by ordinance. If there be no such
ordinance, such meetings shall be held on the second
and fourth Mondays. If any time set for the holding
of a regular meeting of the Council shall be a
holiday, or observed as such, then such regular
meeting shall be held on the next day which is not a
holiday.
(b) Special meetings of the Council shall be held at
the place of regular meetings. Special meetings
shall be called by the Clerk on the written request
of the Mayor, the President of the Council, or any
two members of the Council, on at least six hours
written notice, designating the time and purpose of
such meeting, and served personally on each member
of the Council, or left at his usual place of
residence by the Clerk or by someone designated by
him. Such notice may be waived orally or in writing
by Councilmen attending the meeting or in writing by
those not attending.
(c) No business shall be transacted at any special
meeting of the Council, except that stated in the
notice of the meeting, unless waived as provided in
(b) above.
(d) All regular and special meetings of the Council
shall be public.
(e) Three members of the Council shall be a quorum
for the transaction of business at all of its
meetings. In the absence of a quorum, any number
less than a quorum may adjourn a meeting to a later
date.
(f) The Council shall determine its own rules and
order of business. The concurrence of at least three
Council members shall be required for any official
action of the Council and the vote shall be entered
in the journal of the meeting, except that, where
the vote is unanimous, it shall only be necessary to
so state. The public shall have access to the
minutes and records of all meetings of the Council.
(g) There shall be no standing committees of the
Council.
(h) The Clerk shall prepare an agenda of business to
be considered at each regular Council meeting, and,
except when this rule is waived by the affirmative
vote of three members of the Council, no item of
business shall be placed on the agenda, unless
notice thereof was filed in the office of the Clerk
by noon on the third working day preceding each such
meeting. The Council shall prescribe by rule the
items of routine business which shall be placed on
each agenda without the necessity of giving notice
thereof to the Clerk.
Sec. 5-4 Restrictions on Council.
(a) Holding Other Office. Except where authorized by
law, no Councilman shall hold any other City office
or City employment during the term for which he was
elected to the Council except that of County
Supervisor, and no former Councilman shall hold any
compensative appointed City office until one year
after the expiration of the term for which he was
elected to the Council.
(b) Appointments and Removals. Neither the Council
nor any of its members shall in any manner dictate
or require the appointment or removal of any City
administrative officers or employees whom the Mayor
or any of his subordinates are empowered to appoint
without Council approval, but the Council may
express its views and fully and freely discuss with
the Mayor anything pertaining to appointment and
removal of such officers and employees.
(c) Interference with Administration. Except for the
purpose of investigation duly authorized by it, the
Council and its members shall deal with City
administrative officers and employees who are
subject to the direction and supervision of the
Mayor solely through the Mayor, and neither the
Council nor its members shall give orders to or
request any service of any officer or employee,
either publicly or privately.
(d) Interest in City Business. No member of the City
Council or other officer of the City shall be
interested directly or indirectly, beyond a trivial
extent, in the profits of any contract, job or work
or in the sale to or by the City of any land,
materials, supplies or services, other than official
services. This prohibition shall not apply if the
Council shall declare upon its records by the
unanimous vote of the members elect thereof, other
than the member so interested, that the best
interests of the City are served notwithstanding
said personal interest.
(e) Voting. No member of the Council shall abstain
from voting upon an issue after having had a
reasonable opportunity to inform himself upon the
particulars and merits thereof unless excused by a
majority of the other members of the Council
present.
(f) Nepotism. Relatives by blood or marriage of any
Councilman or the Mayor within the second degree of
consanguinity or affinity may not enter upon
employment with the City from the date of the
election of such official to the expiration of his
last term. This provision shall not apply to
classified civil service positions or those subject
to Act 78 of 1935 as amended.
CHAPTER 6
CITY LEGISLATION
Sec. 6-1 General Powers and Duties. All powers of
the City shall be vested in the Council, except as
otherwise provided by law or by this Charter, and
the Council shall provide for the exercise thereof
by ordinance, resolution or otherwise and for the
performance of all duties and obligations imposed on
the City by law. It shall have and exercise all
Municipal powers in the management and control of
City property and in administration of City
government whether such powers are expressly
enumerated or not, and do any act to advance the
interests of the City, the good government and
prosperity of the City and its inhabitants and pass
all laws and ordinances relating to Municipal
concerns subject to the Constitution and general
laws. The Council shall be the legislative body of
the City, shall function and determine policies as
an integrated body and shall not delegate powers or
determinations to committees of its members.
Sec. 6-2 Ordinances in General.
(a) Form. Every proposed ordinance shall be
introduced in writing and in the form required for
final adoption. No ordinance shall contain more than
one general subject which shall be clearly expressed
in its title. The enacting clause shall be "The City
of Highland Park ordains."
(b) Procedure. No ordinance may be enacted except an
emergency ordinance until after six full days
following its introduction. Enactment shall require
the affirmative vote of a majority of the membership
of the Council. All ordinances shall take effect
fifteen days after the date of enactment unless
otherwise provided therein.
(c) Emergency Ordinances. Ordinances immediately
necessary for the preservation of public peace,
health, morals, safety or welfare may be given
immediate effect or earlier effect than that
provided above if the emergency and date of
effectiveness are provided therein. An emergency
ordinance shall automatically become null and void
at the end of the sixty-first day following its
enactment unless it is made permanent by an
ordinance regularly enacted.
(d) Amendments. Ordinances may be amended by the
adoption of subsequent ordinances following the
above procedure for adoption of ordinances in the
first instance. An amending ordinance shall set
forth in full the section or subsection as amended
but an ordinance, section or subsection may be
repealed by identifying number only.
(e) Traffic and Parking Regulations. In any
ordinance regulating traffic or parking, it may be
provided that, subject to adequate standards to be
set forth therein, the details of regulating traffic
or parking may be promulgated by the Mayor without
formality of ordinance amendment.
Sec. 6-3 Veto of Council Action. No ordinance or
resolution of the Council shall have any force or
effect if, within forty-eight hours after the
adoption thereof, the Mayor shall file in the office
of the Clerk a notice, in writing, suspending the
operation of such ordinance or resolution and
setting forth his reasons therefor. In each case
where the Mayor shall file such notice, such
ordinance, or resolution shall not go into effect,
unless the Council shall, at one of the next two
regular meetings of the Council thereafter vote to
adopt such ordinance or resolution by the
affirmative vote of not less than four of its
members. If any such ordinance or resolution shall
be passed, it shall become effective according to
the terms thereof as originally adopted, except that
it shall not be effective sooner than fifteen days
after the time of its last adoption as required
herein.
Sec. 6-4 Publication. Within seven days after the
enactment of an ordinance, the same shall be
numbered for identification and shall be published
by one of the following methods:
(a) It shall be printed in full in any newspaper
published or circulated in the City of Highland
Park; or
(b) It shall be posted in the office of the City
Clerk and in two other public places in the City of
Highland Park and, in the latter case, a notice of
the enactment of the ordinance giving the subject
and substance thereof and the place where copies
have been posted and where copies may be obtained at
reasonable cost shall be printed once in a newspaper
published or circulated in the City.
Sec. 6-5 Ordinance Record. All ordinances shall be
recorded and authenticated by the City Clerk in a
book kept for this purpose, but the failure of the
Clerk to do so shall not invalidate or suspend its
operation. All ordinances of general applicability
or interest shall be made available at reasonable
cost.
Sec. 6-6 Enactment by Reference. Ordinances and
codes may be enacted by reference to the extent and
in the manner provided by general law.
Sec. 6-7 Penalties. The City Council may provide for
the punishment of violations of ordinances by a fine
not to exceed five hundred dollars or imprisonment
for not more than ninety days or both in the
discretion of the court. These maximums shall
automatically increase as permitted by law. The
court may order imprisonment until a fine is paid
and it may suspend sentences or establish
probationary supervision. Imprisonment for violation
of ordinances may be in the City or County Jail.
Enforcement by injunction, mandamus, orders of
superintending control, or other proceedings may
also be authorized. No prosecution for the violation
of an ordinance shall be commenced after the
expiration of two years after the commission of the
offense.
Sec. 6-8 Codification of City Ordinances. The
Council shall continue and maintain the codification
of City ordinances. Each such codification or
recodification may omit such ordinance material as
is out of date and no longer needed, may eliminate
inconsistencies between existing ordinance
provisions, may substitute comparable ordinance
provisions for existing provisions, and may include
additional ordinance provisions which may be deemed
by the Council to be needed to make the Ordinance
Code of the City complete for its needs at the time,
without the necessity of formal repeal, amendment,
or original enactment.
Sec. 6-9 Prior Legislation Preserved. All
ordinances, resolutions, and rules of the Council
and of each administrative agency of the City, to
the extent that they are consistent with the
provisions of this Charter, which are in force on
the effective date of this Charter, shall continue
in full force, until repealed. All such ordinances,
resolutions and rules may be amended by the Council
and shall stand as and subject to such amendment.
Sec. 6-10 Initiative and Referendum. An ordinance
may be initiated by petition, or a referendum on an
ordinance enacted by the Council may be had by a
petition, as hereinafter provided.
Sec. 6-11 Form of Petitions. The form of initiatory
petitions shall be as follows:
To the Honorable Council of the City of Highland
Park, County of Wayne, State of Michigan:
We the undersigned registered electors of the City
of Highland Park, under and by virtue of the
authority granted by Act No. 279 of the Public Acts
of 1909, as amended, and by Chapter 6 of the Charter
of the City of Highland Park, do hereby propose and
initiate for submission to the qualified electors of
the City of Highland Park, in the County of Wayne,
and State of Michigan, the following proposed
ordinance:
(Here set forth proposed ordinance in full)
Name
Number
Street
Date of Signing
Circulator's Statement
I hereby certify that I circulated the above
petition and that the signatures thereon are the
genuine signatures of the persons so named and they
are, to the best of my knowledge, registered
electors of the City of Highland Park.
Circulator
Sec. 6-12 Initiatory or Referendary Petitions. Each
initiatory or referendary petition (which may be in
comparable form) shall be signed by not less than
ten percent of the registered electors of the City
as of the date of the last regular election. Each
ordinance proposed to be adopted by the initiative
shall conform to the requirements as to style and
form set forth in this chapter. Such petition may be
the aggregate of two or more petition papers. Each
signer of a petition shall sign his name, and shall
place thereon, after his name, the date and his
place of residence by street and number. Such
petition shall be filed with the Clerk who shall,
within ten days, canvass the signatures thereon to
determine the genuineness and the sufficiency of the
number thereof. Any signatures obtained more than
ninety days before the filing of such petition with
the Clerk shall not be counted. If found to contain
an insufficient number of genuine signatures of
registered electors of the City, or to be improper
as to form or compliance with the provisions 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. Such supplementary
petition papers shall be canvassed by the Clerk
within the same time after the filing thereof and
for the same purpose as is herein required for the
original petition. When a petition is determined by
the Clerk to contain the required number of genuine
signatures, he shall present the petition to the
Council at its next regular meeting.
Sec. 6-13 Council Procedure. Upon officially
receiving an adequate initiatory or referendary
petition from the Clerk, the Council shall, within
thirty days, either:
(a) If it be an initiatory petition, adopt the
ordinance as submitted in the petition or submit the
proposal to the electors; or
(b) If it be a referendary petition, repeal the
ordinance to which the petition refers or submit the
proposal to the electors.
Sec. 6-14 Submission to Electors. Should the Council
decide to submit the proposal to the electors, it
shall be submitted at the next election held in the
City for any purpose, or, in the discretion of the
Council, at a special election. The result shall be
determined by a majority vote of the electors voting
thereon, except in cases where otherwise required by
law. Each ordinance which is submitted to the
electors following an initiatory or referendary
petition therefor shall be published in full at
least once, which publication shall be made not less
than two weeks nor more than four weeks before the
date of the election thereon.
Sec. 6-15 Status of Ordinances Adopted. An ordinance
adopted by the Council or by the electorate pursuant
to initiatory proceedings may not be amended or
repealed by the Council for a period of two years
after the date of its adoption. Should two or more
ordinances, adopted at the same election, have
conflicting provisions, the one receiving the
largest affirmative vote shall prevail.
Sec. 6-16 Ordinance Suspended. The certification by
the Clerk of the sufficiency of a referendary
petition within fifteen 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 final
determination by the electors. An ordinance repealed
by the Council or by the electorate pursuant to
referendary proceedings shall not be reenacted by
the Council for a period of two years after it is
repealed.
CHAPTER 7
CITY ADMINISTRATION
Sec. 7-1 Administrative Responsibility. The
executive or administrative powers of the City,
except as herein otherwise provided, are hereby
vested in and shall be exercised by the Mayor and
the administrative officers, boards and commissions
prescribed or permitted to be created by this
Charter.
Sec. 7-2 Administrative Officers.
(a) The administrative officers of the City shall be
the Mayor, the City Clerk, the Treasurer, the City
Attorney, the Finance Director, and the several
department heads created by authority of law and so
designated by the Council.
(b) All administrative officers, including members
of the several boards and commissions of the City,
shall be appointed and may be suspended or removed
by the Mayor, unless otherwise provided herein or by
law.
Sec. 7-3 Duties of the Mayor. Under the provisions
of this Charter, insofar as is required by law, and
for all ceremonial purposes, the Mayor shall be the
administrative and executive head of the City and
shall devote full time to the duties of his office.
He shall be a conservator of the peace and may
exercise within the City the powers conferred upon
sheriffs to suppress disorder. He shall have
authority to command the assistance of all
able-bodied citizens to aid in the enforcement of
the ordinances and regulations of the Council, and
the authority of the City government. The powers and
duties of the Mayor shall include the following
duties and functions:
(1) Keep an office in City Hall which is to be
provided by the Council;
(2) See that all laws and ordinances are enforced
within the City;
(3) Exercise the veto power as set forth in this
Charter;
(4) See that all terms and conditions imposed in
favor of the City or its inhabitants in any public
utility franchise, or in any contract, are
faithfully kept and performed;
(5) Authenticate by his signature such instruments
and proceedings as are required to be authenticated
by him;
(6) Prepare the annual budget proposal and present
it to the Council with an explanation thereof at the
time and in the manner required by this Charter;
(7) Keep the Council fully advised at all times as
to the financial conditions and needs of the City;
(8) On or before the fifteenth day of October in
each year, prepare and submit to the Council and the
public, as of the end of the fiscal year, a complete
report of the finances and administrative activities
of the City during the prior fiscal year;
(9) Recommend to the Council for adoption such
measures as he may deem necessary or expedient;
(10) Be responsible for the efficient administration
of all departments of the City government;
(11) Act as and be the spokesman for the
administrative service and officers of the City,
except for the Clerk and the Treasurer, insofar as
their duties are provided by law;
(12) Keep himself informed and report to the
Council, either of his own accord or in answer to
questions put by the Council, concerning the work of
the several administrative officers and departments
of the City and, to that end, secure from the
officers and the heads of all administrative
departments such information and periodical or
special reports as he or the Council may deem
necessary;
(13) Be a nonvoting member of all boards and
commissions of the City, except as otherwise
provided by this Charter or by ordinance;
(14) Exercise such other powers and perform such
other duties as may be prescribed by law, or as may
be required of him by ordinance or by resolution of
the Council.
Sec. 7-4 Council President and Mayor Pro-Tem. The
President of the Council shall be the Mayor Pro-Tem
during his term of office. In case of a vacancy in
the office of Mayor, or his inability to perform the
duties of the office by reason of sickness, absence
from the City, or other cause, the Mayor Pro-Tem
shall be the acting Mayor. When the Mayor Pro-Tem
acts for the Mayor, other than in the case of a
vacancy in the office of Mayor, he shall not have
the power to appoint or remove the officers or
department heads of the City. In case of a vacancy
in the office of Mayor, the Mayor Pro-Tem shall
succeed to the office of Mayor for the balance of
the Mayor's term, and shall receive the compensation
of the Mayor for that time. In the event that the
Mayor Pro-Tem shall succeed to the office of Mayor,
a vacancy shall be deemed to exist on the Council,
which shall be filled by appointment in the manner
provided in this Charter. If any Mayor Pro-Tem shall
refuse to succeed to the office of Mayor, the order
of succession to succeed to such office shall be as
herein provided for succeeding to the office of
President of the Council.
Sec. 7-5 Department of Law.
(a) The administrative head of the Department of Law
shall be the City Attorney. He shall be appointed by
the Mayor. The duties of the Department shall
include, but shall not be limited to, the following:
(1) Act as legal advisor to the Council and shall
attend its meetings, unless excused therefrom;
(2) Advise officers, departments and boards in
matters relating to their official duties, when
requested by them;
(3) Defend the officers and employees of the City in
all actions that may be brought against them for
acts done in the performance of their duties as
officers and employees of the City;
(4) Prosecute Charter and ordinance violations;
(5) Conduct such other actions in court and before
other legally constituted tribunals as the Council
may direct;
(6) Prepare or review all ordinances, contracts,
bonds, and other written instruments which are
submitted by the Council or by the officers and
boards in matters of legal nature relating to the
affairs of the City.
(b) No board, commission or appointed officer shall
employ or retain special counsel at City expense in
any matter relating to the affairs of the City,
without first securing the approval of the Council
of such employment or retainer, except as otherwise
provided by law.
(c) In case of bona fide dispute between City
officers as to their official duties or in other
special situations, the Council shall employ a
special attorney for such purposes as it designates.
Sec. 7-6 Department of City Clerk. The City Clerk
shall be elected by the people as herein provided.
His duties are as follows:
1) He shall be the Clerk of the Council and shall
keep a journal in the English language of every
session of the Council.
(2) He shall certify, by his signature, all
ordinances, resolutions, and other actions of the
Council and shall keep a record thereof.
(3) He shall, upon request, administer any oath
required for Municipal purposes by law and the
ordinances of the City.
(4) He shall be custodian of all papers, documents,
surety bonds, and records which pertain to the City,
the custody of which is not otherwise provided.
(5) He shall issue and record all licenses required
by ordinance and shall counter-sign and record all
licenses required to be issued by any other City
officer by law.
(6) He shall be custodian of the City Seal and shall
attest such documents and instruments as require
attestation by him.
(7) He shall give ample notice to the Council of the
expiration or termination of any franchise,
contract, or agreement to which the City is a party,
and to officers, personally, of any official bonds
required of them.
(8) He shall provide and maintain in his office a
supply of forms for all petitions required to be
filed for any purpose by the provisions of this
Charter and of any ordinance of the City.
(9) He shall be the chief elections officer of the
City.
(10) He shall notify the Council concerning any
elective officer who fails to qualify for the office
to which he has been elected within the time and the
manner provided by law, and the Mayor concerning any
appointive officer who fails to so qualify.
(11) He shall be the custodian of the official
journal or minutes of each board and commission as
provided for by law or by ordinance.
(12) He shall perform all duties required of him by
law and the ordinances of the City.
Sec. 7-7 Department of City Treasurer. The City
Treasurer shall be elected by the people as herein
provided. His duties shall include the following:
(a) The City Treasurer shall receive, have custody
and account for all moneys belonging to and
receivable by the City, including license fees,
parking meter revenues, taxes, assessments, and
funds available from County, State or Federal
governments or other sources.
(b) He shall deposit all funds in depositories
designated by the Council and maintain facilities
for the safe keeping of securities, records,
investments, intangibles and other assets of the
City as designated by the Council.
(c) He shall disburse money and assets under his
control only upon authority of the Council upon
warrants signed by the Finance Director and the
Clerk or their deputies.
Sec. 7-8 Department of Finance. The Finance Director
shall be appointed by the Mayor. The Finance
Director shall have a college major in accounting or
three years of practical experience in accountancy.
He shall have general charge of the functions of
purchasing, auditing, budget preparation and control
and tax administration for the City. He shall
appoint and may remove such division heads as may be
authorized by the Council. The duties of the Finance
Director shall include, but shall not be limited to,
the following:
(1) Prepare for the Mayor a tentative budget
consisting of information in adequate detail on
anticipated tax and nontax revenues, operational and
capital expenses, borrowings, payrolls and similar
data;
(2) Prepare and submit to the Mayor and Council a
monthly and annual financial statement accurately
showing the exact financial condition of the City
and its funds, debts, credits, and transactions;
(3) Maintain a general accounting and inventory
system which shall be in conformance with any
uniform system of accounts required by law;
(4) Supervise the disbursement of all moneys and
assets by the City and exercise continuous budget
control to insure that appropriations are not
exceeded and that collections are effectuated;
(5) Make all purchases for the City and its agencies
except for the hospital (see Sec. 7-13), approve all
vouchers therefor before payment, maintain an
inventory and safely keep and issue supplies, and
supervise all purchases and sales of real and
personal property for the City subject to such
regulations or ordinances as may be promulgated by
the Council;
(6) The Finance Director shall also have such powers
and shall perform such functions as are customarily
incident to the above items and also such powers and
duties as may be imposed from time to time by the
Council.
Sec. 7-9 Departments of Fire and Police.
(1) For the purpose of maintaining peace and order
in the City and for protecting persons and property,
both a Police Department and a Fire Department shall
be maintained. Such departments shall not be
combined.
(2) The executive head of the Police Department
shall be the Chief of Police and the executive head
of the Fire Department shall be the Fire Chief. The
Chief of Police and the Fire Chief shall each hold
his position by virtue of appointment as provided by
law and shall be responsible to the Mayor for the
performance of his respective duties as the
executive head of his department, and shall be
subject to removal by the Mayor in the manner
permitted by law.
(3) Each member of the Police and Fire Departments
shall, before entering upon the duties of his office
or employment, take an oath similar to that required
of officers of the City and shall file a copy
thereof, subscribed by him, with the Clerk.
(4) The plan of civil service for Policemen and
Firemen as established by Act No. 78 of the Public
Acts of 1935, as amended, which was in effect in the
City on the effective date of this Charter is hereby
continued under this Charter and incorporated
therein by reference with all future amendments,
with the same force and effect as though fully set
forth therein and nothing is hereby added to or
deleted from such act by such incorporation.
(5) No member of the Police Department, other than
the head of the Department or his assistant,
regardless of rank, shall be required to be on duty
in such employment for more than eight consecutive
hours out of any twenty-four hour period on five
consecutive days, nor more than forty hours out of
each week, except as permitted by law. Provided,
that such four hour limitation shall not apply to
time required to be devoted to training, educational
or emergency work or for disciplinary purposes.
(6) Each member of the Police Department who is
required to work any time or times in addition to
that set forth in subsection (5), during any
emergency, which shall be declared by the Mayor,
shall be excused from work for a period equal to
such overtime, or recompensed for such time at the
minimum rate of one and one-half times his normal
pay, if such payment be authorized by the Council.
(7) No member of the Fire Department, except the
head of the Department or his assistant, who is
employed in fire fighting or subject to the hazards
thereof, shall be required to be on duty in such
employment more than the time permitted by law, nor
in any case more than an average of fifty-six hours
per week over any eight week period, except as
permitted by law.
(8) Each member of the Fire Department who is
required to work any time or times in addition to
that set forth in subsection
(7) during any
emergency which shall be declared by the Mayor,
shall be excused from work for a period equal to
such overtime, or recompensed for such time at the
minimum rate of one and one-half times his normal
pay, if such payment be authorized by the Council.
(9) The functions and authority of the Fire and
Police Departments and their respective personnel
shall be such as are commonly attributed to them or
may be imposed by the laws of the State, this
Charter, or the ordinances of the City.
Sec. 7-10 Department of Public Works.
(a) The Director of Public Works shall be appointed
by the Mayor. He shall be qualified by law for
performing engineering design and supervision of
public construction projects and by training and
experience in the field of sanitary and public works
engineering. He shall be in general charge of the
Department and shall appoint and may remove such
division heads as may be authorized by the Council.
(b) The Director of Public Works shall also have the
following duties and powers:
(1) Plan, program and complete all public works
activities as outlined in the Charter, ordinances or
resolutions of the City;
(2) Make all appointments of personnel within the
Department subject to the provisions of this Charter
and the ordinances of the City;
(3) Supervise the preparation of the departmental
budget and of capital improvements of public works
character;
(4) Represent the Department and all divisions
thereof in all official transactions and contacts
with agencies outside the Department.
(c) The Department of Public Works shall have
general responsibility for the following functions:
construction and maintenance of streets, alleys,
sidewalks, public ways and buildings, parks, curb
strips, trees, shrubs and public grounds; motor,
mechanical and general service; City engineering;
traffic engineering; contract specifications;
inspections and code enforcement such as plumbing,
heating, electrical, air conditioning,
refrigeration, buildings, elevators, fire escapes;
and such other related functions as may be delegated
to it.
(d) It shall maintain records concerning the
boundaries of the City, the location of streets,
alleys, and public places, and of all utility and
sewer mains, lines, conduits, manholes, valves,
junctions and appurtenances located therein and
shall make or cause to be made all necessary
surveys, maps, plats, diagrams, plans and
specifications for all public improvements,
buildings, and grounds of the City.
(e) The Department may continue to operate through
divisions and the Director shall organize and assign
functions thereto unless otherwise directed by
ordinance.
(f) The Council shall have power to employ the
engineering services of any qualified engineer or
firm in connection with any engineering work, except
where it will result in a reduction of established
City employment. Such work may be performed in
conjunction with or independently of the Director of
Public Works, but a copy of all final plans and
specifications provided shall be filed with the
Department.
Sec. 7-11 Planning Department. There is hereby
created a Planning Department and Planning
Commission. The members of the Planning Commission
shall possess the qualifications required by this
Charter for elective officers, and shall be
appointed by the Mayor subject to the approval
thereof by the Council. With the consent of the
Council, one of such persons may be a nonresident of
the City who has an interest in the planning of the
area of which the City of Highland Park is a part.
The Planning Department and Commission shall possess
and exercise all of the powers and functions of Act
No. 285 of the Public Acts of 1931, and such
amendments and superseding acts as may be enacted.
The Department and Commission shall, in
collaboration with the other officers and boards,
prepare its recommendations for a program for
capital improvement expenditures for public
structures and improvements during the ensuing six
years and submit the same to the Mayor and Council
not later than the first day of February of each
year. Subject to confirmation by the Mayor, the
Commission may appoint a Planning Director who shall
be the executive officer of the Department and
Secretary of the Commission.
Sec. 7-12 Health. The City Council shall be the
Board of Health of the City and may appoint a Health
Officer, organize and maintain a Health Department,
have and exercise all powers and authority conferred
upon boards of health by the general laws, and enact
such ordinances as may be deemed necessary for the
preservation of and protection of the health of the
inhabitants of the City. The City shall have power
to establish, maintain, and regulate suitable
hospitals within its corporate limits. The City is
hereby authorized to consider, negotiate, determine
and agree upon the terms and conditions under which
this City may join in the organization and
maintenance of a county health department, or
similar agency authorized by law. It may delegate to
such department or agency such powers, functions and
duties relating to health as it may deem proper,
contract therewith for extra services, and
appropriate thereto money, services, or both. It may
make applicable to the area of the City any rules or
regulations promulgated by said department or
agency, and penalties for the violation thereof.
Sec. 7-13 Hospitals. The City is hereby authorized
to continue to own and operate the Hospital unless
disposed of as herein permitted. The Hospital Board
of the City of Highland Park, having been created by
ordinance under authority of the previous Charter of
the City for the operation of the Highland Park
General Hospital, is hereby continued. The members
of such Board shall consist of an odd number of
persons not to exceed seven who shall serve with or
without compensation as determined by the Council,
shall be appointed by the Mayor with Council
consent, and shall perform such duties and exercise
such powers as shall be provided by this Charter,
said ordinance, or by the Council, subject to the
following principles:
(1) Said Hospital shall be under the general
management, operation and control of said Board.
(2) The Board is hereby empowered to enter into such
labor contracts or pursue such personnel policies,
independently of the City administration as may be
reasonable or necessary to properly staff the
Hospital and assure adequate service and personnel
for its operation. The subcontracting or subleasing
of any job shall be subject to Act 379, P.A. 1965,
Collective Bargaining, and shall be bargained by the
administration and the employees. There shall be no
leasing or farming out of classified jobs of work
that can be performed by Highland Park residents.
(3) No capital improvement or other expenditure
involving more than two thousand dollars shall be
made or commitment entered into without the approval
of the Council.
(4) The annual budget of said Board for the
operation of the Hospital shall be subject to the
approval of the Council.
(5) The Board is hereby empowered to establish its
own purchasing policies provided that all purchases
of more than two thousand dollars of any one general
classification or from one source shall be pursuant
to bidding or under circumstances permitting
competition therefor, and no purchase exceeding said
amount shall be authorized until approved by the
Council.
(6) The Board, in consultation with licensed
physicians on its staff, may make and enforce such
rules and regulations as will assure the
professional standing of the Hospital and its
facilities and handling of patients.
(7) The Board shall establish rules of procedure for
its operations, select its own chairman, establish a
schedule of rates and charges designed to provide
for operation on a self-sustaining basis, engage in
such preclearance and collecting policies as may be
necessary, engage such managerial and professional
assistance as may be advisable, and otherwise enjoy
general managerial independence of the Mayor and
Council of the City. Bona fide residents of the City
shall be eligible for emergency treatment without
preclearance procedure.
(8) The Board shall provide and keep in force such
policies of insurance as shall adequately provide
for the replacement of any portion of its property
destroyed or damaged by fire, windstorm or other
casualty and to protect the operation and its
employees against liability to limits which shall be
established from time to time by the Council. These
insurance coverages shall include professional,
vehicular, equipment, drug and such other sources of
liability as may be determined by the Council.
(9) The Board shall make such interim, quarterly and
annual reports as may be required by the Council and
shall make an annual report pursuant to annual audit
by an independent outside firm of certified public
accountants selected by the Council.
(10) The encumbrance or sale of the Hospital and any
part or all of its real estate, shall be the
exclusive function of the people and no commitment,
pledge, mortgage or other action shall be taken
which will impair this right without the consent of
the people by majority vote. No bonds shall be sold
or borrowing entered into without the consent of the
Council formally taken after a majority vote of the
people.
Sec. 7-14 Library Commission. The Library Commission
of the City of Highland Park, having been created
under authority of the previous Charter of the City,
is hereby continued. The members of such Commission
shall be appointed by the Mayor for such terms of
office as the Council shall provide, and shall
perform such duties and exercise such powers as are
or shall be provided by the Council. With the
consent of the Council, one of the members of the
Library Commission may be a nonresident of the City.
Sec. 7-15 Recreation. The Council shall provide for
the recreation program of the City including parks,
playgrounds, reading rooms, and both open and
enclosed spaces for the conduct thereof. It may
combine with the school district or other units of
government in the ownership and operation of such
facilities and programs.
Sec. 7-16 Consolidation or Addition of Departments.
Notwithstanding other provisions of this Charter,
the Council may, by ordinance, consolidate or
abolish or create new departments or divisions
within them, may re-name them, and may change or
rearrange the functions thereof and the officers to
be responsible therefor. No such ordinance shall be
adopted, however, unless the Council expressly finds
that the efficiency and effectiveness of the
administration of the City would be promoted
thereby. No essential Municipal function or service
nor any duty imposed by law may be abolished.
Sec. 7-17 Advisory Boards. The Mayor and Council,
separately or jointly, may from time to time appoint
such boards, committees or commissions as are deemed
appropriate or necessary to advise and consult with
them and with appropriate officers or department
heads of the City regarding any Municipal activity
or to carry out duties established by State or
Federal laws or other appropriate authority. Such
boards, committees or commissions shall serve
temporarily and without compensation unless
otherwise provided by the City Council.
Sec. 7-18 Employees' Group Benefits. The Council
shall have power to provide or to make available to
the officers and employees of the City, and their
dependents, recognized standard plans of group life,
hospital, medical and surgical, health, accident,
and other forms of group insurance, including
Federal old age and survivors' insurance under any
plan therefor provided or permitted by the State or
Federal law, longevity benefits, and such other
benefits as the Council may determine to be in the
best interests of the City. Such power may include,
in the discretion of the Council, retired officers
and employees, unless otherwise provided in this
Charter.
Sec. 7-19 Salary Assignments Prohibited. Salaries
and wages of officers and em-employees of the City
shall not be assignable by such officers and
employees, nor shall deductions be made therefrom
except for the payment of taxes and assessments of
the Federal Government, and subject to such
conditions and rules as the Council shall provide,
premiums for insurance benefits authorized herein,
and, when also authorized by the payee thereof, for
the payment of union dues, for the purchase of
Federal bonds or instruments of indebtedness, for
charitable purposes, for employee credit union
saving accounts or payments, and for the purchase of
goods or merchandise made or through the City.
Sec. 7-20 Residence of City Employees. It shall be a
condition of employment that all employees of the
City, except those employees who are exempt as a
result of a collective bargaining agreement, shall
be and remain a resident of the City or shall become
a resident of the City within six months following
the completion of any probationary period. The City
is defined as the City limits of the City of
Highland Park. Residency shall be construed to be
the actual domicile of the employee. An employee can
have only one domicile. An employee may be granted a
waiver of this residency requirement upon a showing
of hardship and a good faith attempt to comply.
Council may adopt any ordinance that may become
necessary to implement this employee residency
requirement. This provision shall not apply to those
employees hired prior to the effective date of this
Charter provision whose contract of employment
expressly exempted that employee from any residency
requirement as a condition of employment. Any
non-otherwise exempt employee shall have six months
from the effective date of this provision within
which to comply with this provision. (Amended
11-6-90)
Sec. 7-21 Holidays. Except as provided elsewhere in
this Charter, holidays shall be determined by
ordinance. All employees of the City shall be
entitled to holidays with pay, except those
employees in departments where continuous service is
required, then, in that case, the employees who are
required to work on the aforesaid holidays shall be
paid at least twice their regular rate of
compensation. Employees shall be construed to
include policemen and firemen.
Sec. 7-22 Deputies. The Clerk, City Attorney,
Finance Director, Treasurer, Public Works Director,
and such other officers or department heads of the
City as the Council may designate may appoint and
remove deputies to perform duties in the name and
stead of such officer or department head.
Sec. 7-23 Assessor. The City Assessor shall be
appointed by the Mayor. He shall prepare such
assessments, tax rolls, exemptions and exercise such
powers as are vested in, and perform such duties as
are imposed upon, assessing officers by law. He
shall also prepare all special assessment rolls for
the financing in whole or in part of improvements in
the City.
CHAPTER 8
BUDGET PROCEDURE AND GENERAL FINANCE
Sec. 8-1 Fiscal Year. The fiscal year of the City
shall begin on the first day of July of each year.
Sec. 8-2 Budget Procedure. On or before the first
day of February of each year, each officer and
department head shall submit to the Finance Director
estimates of the expense of operating their several
offices and departments for the period of one year
next succeeding first day of July following and a
complete statement of expected revenues. The Finance
Director shall tabulate the statements so submitted
and present the same to the Mayor with the data
required by Section 8-4 hereof. Such tabulation
shall be so arranged that, in addition to the
tabulation and data required, there shall be
additional columns for tabulating the
recommendations of the Mayor and the determinations
of the Council concerning each proposed expenditure
item. The tabulation of the Mayor's recommendations
shall constitute his budget proposal and shall be
presented to the Council on or before the third
Monday in April. The proposed expenditures
recommended by the Mayor shall not exceed the
expected revenues of the City for the next fiscal
year by an amount greater than the expected
unexpended and unencumbered funds estimated to
remain in the City's Treasury at the end of the
current fiscal year.
Sec. 8-3 Budget Statement of Mayor. The Mayor shall
submit to the Council, with each budget proposal, a
budget statement, which shall explain the budget
proposal and contain an outline and explanation of
the proposed financial policies of the City relating
to its operations for the next fiscal year.
Sec. 8-4 Budget Proposal. The Finance Director's
budget tabulation shall present a complete financial
plan for the next fiscal year. It shall include the
following:
(1) Detailed estimates of all proposed expenditures
for each department and office, showing, in parallel
columns:
(a) The expenditures for corresponding items for the
last preceding fiscal year;
(b) The appropriations and expenditures therefor of
the current fiscal year to the last day of January,
with estimates of the expenditures therefor to the
end of the current fiscal year; and
(c) The requests therefor of the several officers
and department heads.
(2) Statements of the bonded and other indebtedness
of the City, showing the debt redemption and
interest requirements, the debt authorized and
unissued, and the condition of sinking funds, if
any.
(3) Detailed estimates of all anticipated revenue
from sources other than taxes and borrowing, with a
comparative statement of the amounts received from
the same or similar sources for:
(a) The last preceding fiscal year; and
(b) The actual receipts of the current fiscal year
to the last day of January, and an estimate thereof
for the balance of the year.
(4) A statement of the estimated amount of
unexpended and unencumbered funds anticipated to
remain in the City's Treasury or deficit for the end
of the current fiscal year.
(5) An estimate of the amount of revenue from
current and delinquent taxes and the amount to be
raised by borrowing, which, together with revenue
from other sources, will be necessary to meet the
proposed expenditures.
(6) Such other supporting information and schedules
as the Council or the Mayor may deem necessary.
Sec. 8-5 Budget Proposal a Public Record. Each
budget proposal, together with all supporting
schedules, is filed with the Council. A copy thereof
shall be available for public inspection in the
office of the Clerk at all reasonable times.
Sec. 8-6 Adoption of Budget. On or before the Friday
following the second Monday in May the Council shall
conduct such hearings as may be required by law and
by resolution, adopt a budget for the next fiscal
year and in such resolution shall make an
appropriation of the money budgeted for Municipal
purposes during the next fiscal year and determine
the amount necessary to be raised by taxation.
Sec. 8-7 Failure of Council to Adopt Budget. Should
the Council fail to adopt a budget for the next
fiscal year by the third Monday in May, the budget
proposal, as recommended to the Council by the
Mayor, shall be deemed to have been finally adopted
by the Council and, without further action by the
Council, shall constitute an appropriation of the
money needed for Municipal purposes during the next
fiscal year. It shall be deemed legal authority for
a levy of the amount to be raised by taxes upon real
and personal property subject to the provisions of
Section 9-1 of this Charter. If any budget adopted
in this manner requires an amount to be raised by
taxes upon property in excess of the limitation
provided in Section 9-1 hereof, the budget and
appropriations and each item thereof shall be
adjusted by the Mayor to conform to such limitation.
Sec. 8-8 Effect of Adoption of Budget. Upon the
adoption of any budget, the several amounts stated
therein as proposed expenditures shall be
appropriated to the several and respective objects
and purposes named therein. A copy of the budget so
adopted, certified by the Clerk, shall be filed in
his office. Copies of the budget as adopted or of
appropriate portions thereof, shall be furnished by
the Clerk to each officer and department head and,
upon request, shall be furnished at cost to
interested citizens and civil organizations. No
transfer exceeding five hundred dollars shall be
made from one fund to another, except by the
concurring vote of the Council. Transfers below five
hundred dollars may be made by the Mayor on approval
of the Finance Director.
Sec. 8-9 Transfer of Operating Appropriations. After
the budget has been adopted, no money shall be drawn
from the Treasury nor shall any obligation for the
expenditure of money be incurred for payment during
the fiscal year to which such budget applies, except
pursuant to an appropriation therefor. Upon the
recommendation of the Mayor, the Council may,
however, transfer any unencumbered operating
appropriation balance, or any portion thereof, from
one operating fund or account to another. At the end
of each fiscal year, the Council may transfer any
unencumbered balance or any part thereof in any
budget appropriation into one or more public
improvement funds created under authority of Section
8-16 of this Charter. If not so transferred such
balance shall revert to the General Fund.
Sec. 8-10 Depository and Investment of Funds. The
Council shall designate the depository or
depositories for City funds and shall provide for
the regular deposit of all City moneys. Idle moneys
may be invested according to the general laws of the
State as the Council may determine.
Sec. 8-11 Budget Control. At the beginning of each
month, and at other times if required by the Mayor,
the Finance Director shall submit to the Mayor data
showing the financial position of the City. If it
appears that the income of the City is less than
anticipated, the Council, upon the recommendation of
the Mayor, may revise or amend the budget as may be
necessary, except as to amounts required for debt
and interest charges.
Sec. 8-12 Contractual Claims Against City. All
contractual claims against the City shall be filed
with the Finance Director who shall verify the
correctness of each claim and whether it is a proper
charge against the City.
Sec. 8-13 Damage Claims Against City. The City shall
have all the immunities from claims for damages for
injury to persons or property as may be permitted by
law. The City shall not be liable on any claim for
damages regardless of its basis unless the claimant
has filed a notice of claim within sixty days after
it shall arise, giving the particulars thereof so
that the City may make timely investigation of the
circumstances pertaining thereto.
Sec. 8-14 Withdrawal of City Funds. All funds of the
City drawn from the Treasury shall be drawn pursuant
to an appropriation by the Council and by warrants
signed by the Finance Director and Clerk. Each
warrant-check shall specify the fund or funds from
which it is payable.
Sec. 8-15 Independent Audit. An independent audit
shall be made of all accounts of the City at least
annually, and more frequently if the Council deems
necessary. Each such audit shall be made by
certified public accountants and shall correspond to
generally accepted auditing standards applicable to
cities. A complete summary of the audit shall be
made public.
Sec. 8-16 Funds for Public Improvements. The City
may establish and maintain a fund or funds,
including a revolving fund for special assessment
projects, for the purpose of accumulating moneys to
be used for making, acquiring, extending, altering,
or repairing public improvements. Moneys so
accumulated may be transferred, encumbered or
otherwise disposed of only for the purpose for which
they were accumulated unless another purpose is
approved by a resolution of the Council.
Sec. 8-17 Municipal Borrowing Power.
(a) Subject to the applicable provisions of law, the
City may borrow money for any purpose within the
scope of its powers, and may issue bonds or other
evidences of indebtedness therefor. Such bonds or
other evidences of indebtedness shall include, but
not be limited to:
(1) General obligation bonds;
(2) Special assessment bonds;
(3) Revenue bonds;
(4) Mortgage bonds for the acquiring, owning,
purchasing, constructing, improving, or operating of
any public utility which the City is authorized by
law to finance in this manner;
(5) Tax anticipation notes;
(6) Calamity bonds, issued in case of fire, flood,
or other calamity;
(7) Bonds for the City's share of the cost of local
improvements, which bonds may be issued as a part
of, or independently of, any special assessment
bonds which are issued for the same improvement or
improvements;
(8) Bonds for refunding indebtedness of the City;
(9) Budget bonds as authorized elsewhere herein;
(10) Time-purchase contracts as authorized elsewhere
herein.
(b) Each bond or other evidence of indebtedness
shall contain on its face a statement of the purpose
for which the same is issued and no officer of the
City shall use the proceeds thereof for any other
purpose, except that, whenever the original proceeds
of any bond issued, or a part thereof, remain
unexpended and unencumbered for the purpose for
which said bond issue was made, the City Council may
authorize the use of such unexpended fund as
permitted by law;
(1) For an additional extension or improvement of
the facility or project for which the bond issue was
made;
(2) For the retirement of such bond issue;
(3) If such bond issue has been fully retired or
funds are segregated which are adequate for such
purpose, then for the retirement of other bonds or
obligations of the City;
(4) If there is no other indebtedness, or funds are
segregated which are adequate for such purpose, then
for such other purposes as may be permitted by law.
(c) All collections on each special assessment roll
or combination of rolls, in anticipation of which
bonds have been issued, shall be set apart in a
separate fund (but not necessarily in a separate
bank account) and shall be used for the purpose for
which levied and for payment of the principal of and
interest on such bonds. If there is any deficiency
in a special assessment fund to meet the payment of
the principal and interest to be paid therefrom,
moneys shall be advanced from the General Fund of
the City to meet such deficiency and shall be
replaced in the General Fund when the special
assessment fund shall be sufficient therefor.
(d) All bonds issued by the City shall be signed by
the Mayor and countersigned by the City Clerk, and
shall bear the corporate seal of the City. Said
signatures may be by facsimile if permitted by law.
Any attached coupons may be signed with the
facsimile signature of the City Clerk.
(e) The City Treasurer shall keep a detailed record
of all bonds and other evidence of indebtedness.
Upon payment of the same the Clerk shall mark them
"cancelled" and keep them until their destruction is
permitted by general law.
CHAPTER 9
TAXATION
Sec. 9-1 Power, Limitation and Subject of Taxation.
The City shall have the power to assess taxes and to
levy and collect rents, tolls, and excises, and
including all powers now or hereafter granted to
cities by the State of Michigan. Exclusive of any
levies authorized by law to be made beyond Charter
tax rate limitations, the annual ad valorem tax levy
shall not exceed two percent of the equalized
assessed value of all real and personal property of
the City. The subjects of ad valorem taxation for
Municipal purposes shall be the same as for State,
County, and school purposes under the general laws.
Except as otherwise provided in this Charter, City
taxes shall be assessed, levied, collected and
returned in the manner provided by statute. No
exemptions from taxation shall be allowed except as
expressly required or permitted by law.
Sec. 9-2 Assessment Roll. Between tax day and the
first meeting of the Board of Review in each year,
the Finance Director, as City Assessor, shall make
and complete an assessment roll in the manner and
form provided in the general tax law.
Sec. 9-3 Board of Review. A Board of Review is
hereby created as follows:
(a) Composed of the entire membership of the
Council. They shall meet annually as required by law
and select a Chairman from their number. They may
select a Clerk, who may be the Assessor. They shall
perform the functions and have the privileges of
assessors under the general law; or
(b) City Council may appoint a Board of Review to
hear and determine appeals from property tax
assessments. The Board shall process the duties and
powers provided by law, which may be exercised by
the whole Board or by committees thereof. Such Board
of Review under this subsection (b) shall be
representative of a cross-section of the community
and shall be composed of three, six or nine
residents and electors of the City, who shall be
appointed by a majority of the City Council.
Resident shall be construed to mean an individual
with actual domicile in the City. If six or nine
members are appointed as provided by this
subsection, the membership of the Board of Review
shall be divided into Board of Review committees
consisting of three members each for the purposes of
hearing and deciding property valuation issues being
protested. At least two-thirds of the members of the
Board or any committee of the Board of Review shall
be property taxpayers. As far as possible, different
professions and occupations and persons having
knowledge of and familiarity with real estate
property values, assessment practice and taxation
shall be represented on the Board. Members appointed
shall serve for terms of two years beginning at
12:00 noon on January 1 of each odd-numbered year.
Each member of the Board of Review shall qualify by
taking the constitutional oath of office within ten
days after appointment. Any vacancies on the Board
of Review shall be filled by a majority of the City
Council. A Board member may be removed from office
without cause by a majority of the City Council
members. The Board members shall not be members of
any other City agency, board, department, commission
or other division of the City. A member of the
Council shall not be eligible to serve on the Board
of Review or a committee or to fill any vacancy. At
least two members of a three member Board of Review
or committee shall be present to conduct any
business or hearings of the Board of Review. A
majority of the entire Board of Review membership
shall endorse the assessment roll as provided for by
law. Except for hearing and deciding property
valuation protests, the duties and responsibilities
of the Board shall be carried out by the entire
membership of the Board of Review and a majority of
the membership shall constitute a quorum for such
purposes.
Sec. 9-4 Notice of Meetings. Notice of the time and
place of the annual meeting of the Board of Review
shall be published not less than one week nor more
than three weeks prior thereto.
Sec. 9-5 Endorsement and Validity of Roll.
Immediately after the review of the assessment roll,
a majority of the Board of Review shall endorse the
roll, as required by law. The omission of such
endorsement shall not affect the validity of the
roll. It shall be presumed by all courts and
tribunals to be valid, and shall not be set aside,
except for cause set forth by law.
Sec. 9-6 Clerk to Certify Levy. Within three days
after the adoption of the annual budget and
appropriation resolution by the Council, the Clerk
shall certify to the Assessor the total amount which
the Council determines shall be raised by general
property taxation, together with such other
assessments and lawful charges and amounts which the
Council requires to be included in the annual levy.
Sec. 9-7 Assessment of Taxes. The Assessor shall
take said assessment roll as thus completed and
adopted by the Board of Review, and the certificate
of the Clerk pursuant to the budget and
appropriation of the Council, together with any
school district levy to be incorporated into the
summer assessment and collection of taxes, and
prepare a "General Tax Roll," by spreading thereon
rateably to each person and property assessed the
funds required to be raised by property taxation
pursuant thereto or pursuant to other valid
procedures, but subject to the limitations imposed
by law.
Sec. 9-8 Warrant. Upon delivering said general tax
roll to the City Treasurer on or before June 15 of
each year, the Assessor shall annex thereto his
warrant over his signature, with the Seal of the
City affixed, commanding the Treasurer to collect
from the several persons named in said roll the
several sums mentioned therein and enforce payment
as provided herein or by general law.
Sec. 9-9 Lien and Persons Liable. All taxes thus
assessed shall become a debt due the City as
provided by general law and, as of July 1 of the
year of assessment, the said taxes, both real and
personal, with any applicable charges, fees or
penalties shall become a lien, paramount to all
other claims, encumbrances or liens, upon the
property against which they are assessed until paid.
Sec. 9-10 Statement to Taxpayers. Upon receipt of
said general tax roll, the Treasurer shall proceed
to collect the taxes. He shall prepare and mail to
each taxpayer, at his last known address on the tax
roll, a statement or billing showing the description
of the property, the assessed valuation, and the tax
payable, but the failure to send or receive such
statement shall not prejudice the validity of the
tax or the right and duty to collect or enforce
payment thereof.
Sec. 9-11 Tax Collection Schedule and Charges. All
City and school taxes, charges, and assessments
spread upon general tax roll for collection which
are paid on or before the fifteenth day of August of
the same year shall be collected without additional
charge. To all such taxes paid after the fifteenth
day of August, there shall be added a collection
charge of one percent for each and every month or
fraction thereof that the same remains unpaid before
payment; provided, however, that, if any person
shall pay one-half of the City taxes and any charges
or assessments and one-half of any school taxes due
and payable on July first on or before the
thirty-first day of July of that year, he may pay
the other half of such taxes, charges, and
assessments on or before the thirty-first day of
October of the same year without additional charge.
Should such second half not be paid on the said
thirty-first day of October, the same shall be
subject when paid to a collection charge of one
percent per month or fraction of a month from the
preceding fifteenth day of August. The collection
charges herein provided shall not be deemed to
constitute interest, but a charge reflecting the
additional cost to the City of collecting taxes not
paid promptly. All such charges, when paid, shall be
the property of the City.
Sec. 9-12 State, County and School Taxes. For the
purpose of assessing and collecting taxes for State,
County, and school purposes, the City shall be
considered the same as a township. In all
proceedings relating to the assessment, spreading,
and collection of such taxes and the receipt and
disbursement thereof, the Assessor, Clerk, and
Treasurer shall have like powers and duties as are
prescribed by law for supervisors of townships,
township clerks, and township treasurers,
respectively.
Sec. 9-13 Protection of City Lien. The City shall
have power, insofar as the exercise thereof shall
not conflict with or contravene the provisions of
law, to acquire such an interest in any premises
within the City, by purchase at any tax or other
public sale, or by direct purchase from or
negotiation with the State of Michigan or the fee
owner, as may be necessary to assure to the City the
collection of its taxes, special assessments, or
charges which are levied against any lot or parcel
of real property or to protect the lien of the City
therefor, and may hold, lease, or sell the same. Any
such procedure exercised by the City to assure the
collection of its taxes or the protection of its tax
or other liens shall be deemed to be for a public
purpose. The Council may adopt any ordinance which
may be necessary to make this section effective.
Sec. 9-14 Collection of Delinquent Taxes. All City
taxes, and assessments upon real property on the tax
roll, remaining uncollected by the Treasurer on the
first day of March following the date when the roll
was received by him shall be subject to one of the
following procedures:
(1) The same may be returned to the County Treasurer
in the same manner and with the like effect as
provided by law for returns by township treasurers
of Township and County taxes. Such returns shall
include all the additional charges and assessments
hereinbefore provided, which shall be added to the
amount assessed in said tax roll against each
property or person: provided, that the Treasurer
may, in lieu of adding collection charges to the
taxes, charges, and assessments returned to the
County Treasurer, enter the same in a separate
column of the delinquent tax roll. The taxes thus
returned shall be collected in the same manner as
taxes returned to the county treasurers are
collected, by law, and shall be and remain a lien
upon the property against which they are assessed
until paid.
(2) In lieu of returning such delinquent taxes,
charges, and assessments to the County Treasurer, as
aforesaid, the Council may adopt an ordinance
providing for the holding of City tax sales of tax
delinquent land. The procedure established by such
ordinance for the holding of City tax sales shall
correspond to that established by law for the
holding of tax sales by county treasurers, except
that City tax sales shall be held not less than
thirty days nor more than ninety days prior to
corresponding tax sales held by county treasurers,
the City Treasurer and Council shall perform the
duties performed by county treasurers and the
Auditor General, respectively, and the redemption
provisions may be more favorable to the owners of
property sold at tax sale than those provided by the
general tax laws of the State.
Sec. 9-15 Disposition of Real Property Held by City.
When the City has acquired any property to protect
the City's tax lien thereon, the owner of any
interest therein, by fee title, as mortgagee, or as
vendor or vendee under a land contract, shall have
the right to purchase the City's interest therein,
upon payment to the City of the amount of money
which the City has invested therein in the form of
unpaid taxes, special assessments, charges, fees,
penalties, interest, and costs. After the lapse of
ninety days after the date that the City acquires
title to any such property, the Council may
determine that such property is needed for and
should be devoted to public purposes, naming such
purpose or purposes, or may sell the same at a price
which shall be not less than its market value, as
determined and certified by the Assessor.
Sec. 9-16 Failure to Pay Personal Property Tax. If
any person, firm or corporation shall neglect or
refuse to pay any personal property tax assessed to
him or them, the Treasurer shall collect the same by
seizing the personal property of such person, firm
or corporation to an amount sufficient to pay such
tax and applicable fees together with charges for
subsequent sale costs, wherever the same may be
found in the State, and from such seizure no
property shall be exempt. He may sell the property
seized to an amount sufficient to pay the taxes and
all charges in accordance with general law. If
otherwise unable to collect a tax on personal
property, the Treasurer may use therefor the person,
firm or corporation to whom it is assessed.
Sec. 9-17 Jeopardy Assessment of Personal Property
Taxes. Whenever the proper conditions exist, the
Treasurer shall accelerate the date on which
personal property taxes shall be collected, as
provided by general law. Taxes, assessments,
interest and other charges shall be returned to the
County Treasurer in the manner provided by law for
returns by township treasurers for Township, County
and school taxes, and the same shall be collected in
the same manner by the County Treasurer, and shall
remain a lien upon the property against which they
are assessed or chargeable until paid.
Sec. 9-18 Inequitable Assessment or Tax. If it shall
be found, at any time, that any property has been
subjected to a substantially inequitable assessment
or tax, as by reason of errors in computations,
decimal misplacement, double entries, and the like,
so that the same amounts to a constructive fraud
upon the taxpayer, and if the City Attorney shall
prepare and file a written memorandum indicating
that, under current statutes and case law, relief
would be granted by a court of competent
jurisdiction, then the City Council may so determine
and declare by resolution without requiring the
commencement of court proceedings and any necessary
adjustment may be taken from the General Fund of the
City.
Sec. 9-19 Tax Clearances. No warranty deed for the
transfer of real estate or any interest therein
shall be received or recorded by the Register of
Deeds for the County of Wayne unless all City taxes
and assessments on the property described therein,
then due and payable, have been paid. It shall be
the duty of the City Treasurer or such other agency
as the City Council may designate, upon request and
after the payment thereof, to furnish a certificate
that all such taxes and assessments have been paid,
and such certificate shall be filed with the
Register of Deeds when the document is submitted for
record. A fee to be fixed by the City Council may be
charged for issuing the certificate.
CHAPTER 10
SPECIAL ASSESSMENTS
Sec. 10-1 Special Assessment Power. The City Council
shall have the power to determine, with or without a
petition therefor, that the whole or any part of the
expense of any public improvement or repair shall be
defrayed by special assessment upon the parcels of
property especially benefited and so declared by
resolution. Such resolution shall state the
estimated cost of the improvement, what portion of
the cost shall be paid by special assessment, what
portion, if any, shall be a general obligation of
the City, the number of installments in which
assessments may be paid, the interest to be charged,
and designate the districts or land and premises
upon which special assessments shall be levied.
Sec. 10-2 Procedure Ordinance. The City Council
shall prescribe by general ordinance the complete
special assessment procedure to be used, including
the preparing of plans and specifications, estimated
costs, a hearing on necessity, the preparation,
hearing, correction and confirmation of the special
assessment roll, the collection of special
assessment, the assessment of single lot or parcels,
the apportionment of assessment if land is divided,
and any other matters concerning the making of
improvements by the special assessment method. Said
ordinance shall authorize additional assessments if
the prior assessment proves insufficient to pay for
the improvement and costs incident thereto or in
case of invalidity in whole or in part, and it shall
provide for the refund of excessive assessments,
provided that if the excess is less than five
percent of the total cost it may be placed in the
General Fund of the City.
Sec. 10-3 Assessment Lien. From the date of
confirmation of any assessment or reassessment roll
the same shall constitute a lien upon the respective
lots or premises assessed and shall also be a charge
against the person to whom assessed until paid, and,
in case of delinquency, may be enforced by addition
to any later return to the County Treasurer of
regular taxes or by suit against such person.
Sec. 10-4 Contest of Assessment. No suit or action
of any kind shall be instituted or maintained for
the purpose of contesting or enjoining the
collection of any special assessment or reassessment
(a) unless, within sixty days after the confirmation
of the special assessment roll, written notice is
given to the City Clerk for attention of the City
Council indicating an intention to file such suit or
action and stating the grounds on which it is
claimed such assessment is illegal and (b) unless
such suit or action shall be commenced within ninety
days after the confirmation of the roll. If the City
Attorney submits a written opinion finding said roll
illegal, in whole or in part, the City Council may
revoke its confirmation, correct the illegality if
possible, and reconfirm its confirmation, correct
the illegality if possible, and reconfirm the same
as amended, provided that no property which is not
involved in the illegality shall be assessed more
than was imposed upon the original confirmation
without further notice and hearing thereon.
CHAPTER 11
COUNTY SUPERVISORS
Sec. 11-1 Representation on Board. The City of
Highland Park shall be entitled to such
representation on the Board of Supervisors of Wayne
County as shall be provided by the laws of the
State. At the first regular meeting of the Council
in December of each year, the Council shall appoint
such number of its members on the Board of
Supervisors of Wayne County as the City shall be
entitled to for a term of one year. No supervisor
shall serve more than one consecutive year. It shall
be lawful for the Mayor to appoint any elective or
appointive officer of the City to the office of
member of said Board of Supervisors. Whenever any
elective or appointive officer shall be so appointed
his term of office as a member of said Board shall
expire whenever he shall cease to hold such elective
or appointive office. In any case any such member of
said Board of Supervisors shall be absent from the
County, shall be disabled, or shall fail to perform
the duties of his office, the Mayor may appoint some
other Councilman to discharge the duties of such
office during such absence, disability or failure.
Supervisors as such shall not be deemed officers of
the City.
Sec. 11-2 Powers and Duties of Supervisors. The
supervisors shall perform all the duties and shall
have all the powers imposed by law upon supervisors
of townships where not inconsistent with the
provisions of this Charter.
Sec. 11-3 Compensation of Supervisors. The
supervisors shall not receive any compensation from
the City of Highland Park for their services as
such, but shall be entitled to receive and retain
for such services such compensation as is provided
by law and paid by the County of Wayne.
CHAPTER 12
MUNICIPAL COURT
Sec. 12-1 Municipal Court Jurisdiction. There shall
be a Municipal Court in and for the City of Highland
Park. Said Court shall have and exercise the same
jurisdiction in all suits and proceedings, both
civil and criminal, as is provided by Act 269 of
1933 (MSA 27.3831) as supplemented by Act 5 of 1956
(MSA 27.3937) of the State of Michigan.
Sec. 12-2 Elections. Unless State legislation has
otherwise revised or abolished said Municipal Court
or revised the terms of the judges thereof, the
Municipal Judge and associate Municipal Judge shall
be elected in November, 1974 and take office January
1, 1975. The election and commencement of term shall
take place every six years thereafter.
Sec. 12-3 Definition of Terms. Whenever in this
Charter the term "municipal judges" or "judges" is
used it shall include both the Municipal Judge and
associate Municipal Judge. In his official acts and
in all court proceedings, the associate Municipal
Judge shall be designated as "municipal judge," the
word "associate" being herein used to distinguish
between the Municipal Judge required to devote full
time and the one required to devote partial time to
the duties of his office.
Sec. 12-4 Qualifications. The judges of said Court
shall have the qualifications prescribed by said
acts, and shall possess such other qualifications as
are prescribed in this Charter for elective
officers.
Sec. 12-5 Dollar Jurisdiction of Court. Said Court
shall have concurrent jurisdiction in all civil
matters, causes, suits, and proceedings, wherein the
debt or damages claimed does not exceed the sum of
one thousand five hundred dollars, and concurrent
jurisdiction in all actions of replevin wherein the
value of the property involved does not exceed the
sum of one thousand five hundred dollars. These
limits shall automatically increase as permitted by
law.
Sec. 12-6 Causes to be Transferred in Case of
Absence.
(a) Any cause pending before either of said
Municipal Judges may, whenever such Municipal Judge
is unable to act in said cause at the time the
matter comes before him, be transferred upon his
order, or in case of his absence by the Clerk of the
Court, to the other Municipal Judge without any
notice to the parties in the cause, but a note of
such transfer shall be entered upon the docket of
the case. When two Municipal Judges shall have acted
in any one cause or proceeding, the docket shall be
signed in the manner and within the time provided by
law by the Municipal Judge who shall have given the
final judgment in such cause.
(b) In case of the absence, disability, or
disqualification of both the Municipal Judge and the
associate Municipal Judge, any other municipal judge
of any city in Michigan who is paid a salary in lieu
of fees and who is an attorney at law, shall be
qualified to act in the place of and for such
Municipal Judges in the performance of any of the
duties imposed upon them by law in all matters civil
and criminal and in all matters pertaining to
violations of the ordinances of such city, under the
conditions and in the manner hereinafter set forth;
and such substitute judge shall, when called upon in
the manner and under the conditions set forth, so
act. Such substitute judge shall hold court in the
court room provided by the City of Highland Park.
Sec. 12-7 Compensation of Substitute Judges. The
Council may, by ordinance, fix the compensation to
be paid substitute Municipal Judges for such
services, the procedure to be followed in calling
upon them to act, and the time and manner of
compensation. The Municipal Judge may engage the
services of such substitute judges as may be
necessary to carry out the duties of the Court,
unless the Council shall provide by ordinance for
the compensation of substitute judges, or make an
appropriation in its budget for such substitute
judicial services, no such substitute judge shall be
entitled to compensation from the City.
Sec. 12-8 Ordinance Cases. Said Municipal Judges
shall have authority, and it shall be their duty, to
hear, try, and determine all suits and prosecutions
for the recovery and enforcing of fines, penalties
and forfeitures imposed by the Charter and
ordinances of the City of Highland Park and to
punish offenders for the violation of said Charter
and ordinances as therein prescribed and directed.
Sec. 12-9 Docket Contents. Said Municipal Judges
shall enter or cause to be entered, in the docket
kept by them, the title of all suits and
prosecutions commenced or prosecuted before them and
all the proceedings and the judgment rendered in
such cause, and shall itemize all costs taxed or
allowed therein. They shall also enter or cause to
be entered the amounts and dates of payment of all
fines, penalties and forfeitures, moneys and costs
received by them or the Clerk of the Court, on
account of said suit or proceeding. Such docket
shall be submitted by the Municipal Judges at all
reasonable times to the examination of any person
desiring to examine the same, and shall be produced
by the Municipal Judges to the Council of the City
whenever required.
Sec. 12-10 Compensation; Time to be Devoted.
(a) The Municipal Judges shall receive such
compensation as the Council may by ordinance
provide. The Municipal Judge shall be required to
devote his entire time to the duties of his office.
The associate Municipal Judge shall be required to
devote not less than fifty full days or 100 half
days per year to the duties of his office. If the
work of said Court shall require, the Council may
provide that the associate Municipal Judge shall sit
any number of additional days, or half days, for
which he shall receive such compensation as the
Council may by ordinance or resolution provide.
(b) The associate Municipal Judge shall, unless
otherwise disqualified, hear all cases in which the
Municipal Judge is disqualified, and shall hold
court in the absence or disability of the Municipal
Judge.
(c) The compensation provided for the Municipal
Judges shall be in lieu of all fees, costs, and
charges to which said Judges would otherwise be
entitled, except fees for the performance of
marriage ceremonies and for administering oaths in
matters not connected with suits or proceedings in
the Municipal Court in said City.
Sec. 12-11 Fees to be Charged and Collected for
City. All the provisions of general laws in relation
to the fees chargeable in the several proceedings in
the justice courts in townships shall apply to said
Court, and shall be collected for the use and
benefit of the City of Highland Park.
Sec. 12-12 Bonds. Each Municipal Judge, in addition
to any security required by law to be given for the
performance of his official duties, shall, before
entering upon the duties of his office, give a bond
to the City in a penalty of two thousand dollars
with sufficient sureties to be approved by the
Council conditioned for the faithful performance of
the duties of Municipal Judges within and for the
City, and for payment to the City of all moneys
collected or received by such Judge which, by
provisions of the general laws of the State or this
Charter, he shall be required to pay into the
Treasury of said City.
Sec. 12-13 Regulation by Council. The Council shall
have power and authority by ordinance or resolution
to regulate the office hours of said Court, and to
make all other necessary and proper rules for the
regulation of the Municipal Court in the City of
Highland Park which are not inconsistent with the
provisions of law.
Sec. 12-14 Court Room. The Council shall furnish a
suitable place for a Municipal Court room and shall
provide for all necessary expenses in connection
with the establishment and maintenance of the
Municipal Court.
CHAPTER 13
ELECTIONS
Sec. 13-1 Regular City Elections; Election
Precincts. A regular City election for the purpose
of electing the Mayor, five Councilmen, the Clerk
and the Treasurer shall be held on the Tuesday
following the first Monday in November in 1971 and
each four years thereafter. The Councilmen shall be
elected from a single ballot with each elector
entitled to vote for no more than five and the
candidates receiving the five highest numbers of
votes shall be declared elected. For the purpose of
conducting such elections, the City shall be divided
into election precincts in the manner provided and
required by law.
Sec. 13-2 Special Elections. Special City elections
shall be held when called by resolution of the
Council, adopted at least forty-five days in advance
of such election. Any resolution calling a special
election shall set forth the purpose of such
election. Unless otherwise permitted by law, no more
than two special City elections, not counting those
conducted with State or national elections, shall be
held in any one calendar year.
Sec. 13-3 Primary Election. A regular City primary
election shall be held when necessary on the Tuesday
following the second Monday in September of every
fourth year beginning in 1971. The Council may
adjust the date of a primary election if the State
or County orders an election within sixty days
before the above September date.
Sec. 13-4 Qualifications of Electors. Each
inhabitant of the City who has the constitutional
qualifications of an elector in the State of
Michigan, or who will have such qualifications at
the next ensuing regular or special City primary or
general election, shall be entitled to register as
an elector of the City.
Sec. 13-5 Election Procedure. All City elections for
the nomination and election of officers shall be
nonpartisan. The general election laws of the State
shall apply to and control, as near as may be, all
procedures relating to notices and registrations
for, and to the conduct of city elections, except as
such general laws relate to political parties or
partisan procedures, and except as otherwise
provided by this Charter. The compensation of all
election personnel shall be determined by the
Council.
Sec. 13-6 Election Commission. An Election
Commission, consisting of the City Attorney as
Chairman, the City Clerk as Secretary, the Chief of
Police and the Director of Public Works is hereby
created. The Commission shall have charge of all
activities and duties required of it by law relating
to the conduct of elections in the City. In any case
where election procedure is in doubt, the Election
Commission shall prescribe the procedure to follow.
Sec. 13-7 Qualifying Petitions.
(a) A person desiring to qualify as a candidate for
any elective office under this Charter shall file
with the Clerk a sworn statement of candidacy and an
official nominating petition therefor. Official
blank forms of statements of candidacy and
nominating petitions shall be prepared and furnished
by the Clerk. Nominating petitions shall be in
substantially the same form as required for
nonpartisan judicial officers. Such petition shall
be signed by not less than 100 of the registered
electors of the City who have signed the same within
ninety days next preceding the last day set for the
filing of nominating petitions for any election.
Each petition shall be verified by one or more
persons as to the signing, qualification, residence,
and street number of each of the persons signing the
petition. Such statements of candidacy and petitions
shall be filed with the Clerk not later than 4:00
o'clock in the afternoon on the seventh Monday
preceding the primary election date.
(b) Before the Clerk shall furnish nominating
petition to any person, he shall enter thereon with
typewriter or in ink the name of the candidate and
the name of the office for which he is to be a
candidate. No petition which has been altered with
respect to such entires shall be received by the
Clerk. Nominating petitions for the purpose of
filling a vacancy shall state the name of the office
for which they are to be used.
(c) If any person signs his name to a greater number
of petitions for any office than there will be
persons elected to that office, his signature shall
be disregarded on all petitions for that office.
Signatures on nominating petitions dated more than
ninety days prior to the last date for filing such
petition shall not be counted by the Clerk in
determining the sufficiency of the number of
signatures.
(d) As an alternative to petition qualification of a
candidate as above provided, a person may qualify as
a candidate for elective office by filing a sworn
affidavit of candidacy signed by him and deposit the
sum of one hundred dollars therewith in the office
of the City Clerk at least five days before the
filing deadline provided in Section 13-7(a) above.
If a regular petition is filed as provided in
Section 13-7(a) or if the candidate withdraws, the
deposit shall be refunded. After the election is
held, any deposit of a person who has been elected
to the office which was sought shall be refunded.
All other deposits shall be forfeited and be placed
in the City General Fund.
(e) Withdrawal. After filing of the petition or
statement of candidacy and deposit, the candidate
shall not be permitted to withdraw unless a written
notice of withdrawal is filed with the City Clerk's
office by 4:00 p.m. on the Thursday following the
petition filing deadline.
Sec. 13-8 Approval of Petitions. The Clerk shall
accept for filing only nominating petitions on
official blanks which are accompanied by a properly
executed affidavit of the person named in the
nominating petition as a candidate that he possesses
the residence and other qualifications set forth in
this Charter for holding the office named in the
nominating petition. Within five days after the
final filing date, the Clerk shall determine the
genuineness and the sufficiency of the number of
signatures on each petition filed. If the finds that
any petition does not contain the required number of
signatures of registered electors of the City who
have signed within ninety days next preceding the
last date fixed for filing the petition, he shall
immediately notify the candidate, in writing, of the
insufficiency of his petition. Each petition which
is found by the Clerk to contain the required number
of signatures of registered electors who have signed
the same within the time limit, shall be marked
"valid," with the date thereof.
Sec. 13-9 Holding and Results of Primary Elections.
(a) If valid petitions have been filed for more than
twice the number of candidates for an office than
there will be positions filled in that office at the
next regular City election, a primary election shall
be held with respect to that office and the names of
all persons who have filed valid nominating
petitions for that office shall be placed on the
ballot therefor.
(b) If valid petitions have been filed for no more
than twice the number of candidates for an office to
be filled at the following regular City election,
then no primary election shall be held with respect
to such office and the names of the candidates for
such office shall be placed on the ballot for the
regular City election.
(c) Candidates, equal in number to twice the number
of persons to be elected to each office at the next
regular City election, who receive the highest
number of votes at any primary election shall be the
nominees for election to the respective offices for
which they are candidates and their names shall be
placed on the ballot for the regular City election.
Sec. 13-10 Form of Ballots. The form, printing, and
numbering of ballots or machine settings used in
City primary and general elections, shall conform,
as nearly as may be, to that prescribed by law,
except that no party designation or emblem shall
appear thereon. The names of qualified nominees for
each office shall be listed under a separate heading
for each office and shall not be rotated. The
position of names on the ballot shall be determined
at a drawing publicly conducted by the Election
Commission at 2:00 p.m. on the day following the
withdrawal deadline.
Sec. 13-11 Board of Canvassers. A Board of
Canvassers shall be appointed and maintained as
required by general law. Promptly after each
election they shall meet, determine the outcome of
the election for each office and proposal submitted,
and notify winning candidates of their election.
Sec. 13-12 Political Activities Prohibited. No
officer or employee of the City shall conduct any
political activity on behalf of any candidate for
any elective office during or in the course of his
working hours or tour of duty, for or during the
performance of his duties on behalf of the City.
CHAPTER 14
CONTRACTS
Sec. 14-1 Authority of Council. The power to make
contracts on behalf of the City is vested in the
Council. All contracts, except as otherwise provided
by ordinance in accordance with the provisions of
Section 14-2 hereof, shall be authorized by the
Council and shall be signed on behalf of the City by
the Mayor and the Clerk.
Sec. 14-2 Routine Contracts. The Council shall
establish, by ordinance, the procedures for the
purchase and sale of personal property for the City
and making contracts for improvements and services
to the City. Under such ordinance, the Council shall
provide the dollar limit within which purchases of
personal property may be made without the necessity
of securing competitive bids, and the dollar limit
within which purchases may be made without the
necessity of Council approval. Until such ordinance
is adopted, no purchase shall be made or contract
let, except contracts for professional services,
which involve an expenditure in excess of two
thousand dollars unless bids are received therefor.
Sec. 14-3 Contractual Power.
(a) The City shall not enter into a contract which
will not be fully executed within a period of twenty
years, without the approval of a majority of the
electors voting thereon at a regular or special
election unless such contract is with a public
utility or one or more governmental units.
(b) The City shall not have power to sell, lease, or
dispose of any real estate owned by it, unless the
resolution authorizing it shall have been completed
in the manner in which it is finally passed and have
remained on file with the Clerk for public
inspection for six days before the final adoption or
passage thereof. Such sales shall also be subject to
the limitations appearing in Section 3-3 hereof.
(c) The City may enter into installment or
lease-purchase contracts for the acquisition or sale
of real or personal property or capital equipment as
permitted by law. Each such contract shall not
extend over a period of more than twenty years. All
such deferred payments shall be included in the
budget or appropriation for the year in which the
installment is payable.
(d) All bids, required by ordinance, for the
purchase of personal property, and for contracts for
improvements or services shall be opened in public
in the Council room by the Clerk at the time
designated in the notice and shall be reported by
him to the Council at its next meeting. The Council
may reject any or all bids or parts of bids, if
deemed advisable. The Council may authorize the
proper official of the City to negotiate, in the
open market for a contract.
(e) No contract shall be made knowingly with any
person who is in default to the City, the County of
Wayne, or the school district of the City.
Sec. 14-4 Dealings With City. Any officer of the
City who intends to have business dealings with the
City, direct or indirect, whereby he may derive any
material income or benefits, other than such as are
provided as remuneration for his official duties,
shall file with the Clerk a statement, under oath,
setting forth the nature of such business dealings,
and his interest therein. The statement shall be
filed with the Clerk not less than six days before
the date when action may be taken by the Council or
any other agency of the City upon the matter
involved. Approval of any such business dealings
shall require a concurring vote of at least four
members of the Council, not including any member who
is disqualified under this Charter. Any business
dealing made in violation of this section shall be
void.
CHAPTER 15
PUBLIC UTILITY SERVICES
Sec. 15-1 General Powers Respecting Municipal
Utilities. The City shall have all the powers
granted by law to acquire, construct, own, operate,
improve, enlarge, extend, repair, and maintain
public utilities and services, either within or
without its corporate limits and either within or
without the corporate limits of Wayne County. Such
powers shall include but not by way of limitation,
public utilities and services for supplying water
and water treatment, sewage disposal and treatment,
electric light andpower, gas, steam, heat, or any of
them, to the Municipality and the inhabitants
thereof. The City may also sell utility services
beyond its corporate limits as authorized by law.
Sec. 15-2 Rates.
(a) The Council shall fix just and reasonable
rates and such other charges as may be deemed
advisable for supplying water and other Municipal
utility services. Discrimination in rates by the
Council, within any classification of users, shall
not be permitted, nor shall free service be
permitted, other than to the City.
(b) The rates and charges for any Municipal
utility shall be fixed by the Council on a basis at
least adequate to compensate the City for the cost
of such service and to make reasonable provision for
the extension thereof according to needs.
Transactions pertaining to the ownership and
operation of each such utility shall be recorded in
a separate group of accounts, which shall be
classified and kept in accordance with generally
accepted accounting practices and shall conform to
any uniform system of accounts which may be required
by law. Charges for all services furnished to, or
rendered by, other City departments or
administrative units shall be recorded, whether
collected or not. An annual report shall be prepared
by or under the direction of the Mayor to show the
financial position of each utility and the results
of its operation. A copy of such report shall be
available for inspection at the office of the Clerk.
Sec. 15-3 Collection Charges.
(a) The Council shall provide, by ordinance, for
the collection of rates and charges for public
utility services furnished by the City. When any
person fails or refuses to pay any sums due on
utility bills, the service upon which such
delinquency exists may be discontinued and suit may
be brought for the collection thereof.
b) Except as otherwise provided by law, the City
shall have a lien upon premises to which utility
services are or have been supplied. For such
purposes, the City shall have all the powers granted
to cities by law. The lien shall become effective
immediately on the distribution or supplying of
utility services to such premises.
(c) Except as otherwise provided by law, or in
any ordinance authorizing the issuance of bonds, all
unpaid charges for utility services furnished to any
premises, which, on the thirty-first day of March of
each year, have remained unpaid for a period of
three months or more, shall be reported to the
Council by the Finance Director at the first meeting
thereof in the month of April. The Council thereupon
shall order the publication in a newspaper of
general circulation in the City of notice that all
such unpaid utility charges which are not paid by
the thirtieth day of April will be spread upon the
City's tax roll, to be collected in the same manner
as the City taxes.
Sec. 15-4 Disposal of Municipal Utility Plants
and Property. The City shall not sell, exchange,
lease, or in any way dispose of any Municipal public
utility or any property, easement, equipment,
privilege, or asset needed to continue the operation
of any utility, unless the proposition to do so is
approved by a majority of the electors of the City.
All contracts, grants, leases, or other forms of
transfer in violation of this section shall be void
and of no effect as against the City. The
restrictions of this section shall not apply to the
sale or exchange of articles of machinery or
equipment of any utility, which are no longer useful
or which are replaced by new machinery or equipment,
or to the sale or leasing of property not necessary
for the operation of the utility, or to the exchange
of property or easements for other property needed
for the utility.
Sec. 15-5 Water Department. The water supply
system of the City shall be under the general
management and control of a Director of Water Works.
The Director of Water Works shall be appointed and
subject to removal by the Mayor and shall be
responsible to him for the supervision, management,
control, operation, and maintenance of the City's
water works and all work in connection therewith.
Sec. 15-6 City's Parking System.
(a) The City shall have power to establish,
operate, extend, and maintain, on a public utility
basis, facilities for the storage and parking of
vehicles within its corporate limits; and for such
purpose to acquire by gift, purchase, condemnation
or otherwise the necessary lands therefor.
(b) The Council shall have power to provide for
the payment of all or any part of the cost of
construction of such facilities, including the
acquisition of the necessary lands therefor, by
levying and collecting special assessments upon
property specially benefited, in the manner provided
by ordinance for levying and collecting special
assessments. Such assessments shall be according to
benefits, as determined by the Council. The cost of
surveys and plans for construction of such
facilities and acquisitionof lands therefor and all
expenses incident to the proceedings for the making
of such improvement and the special assessment
therefor, shall be deemed to be a part of the cost
thereof.
Sec. 15-7 Other City Utility Services and
Systems. The Council shall provide for the
acquisition and operation of City utility services
and systems in the manner provided by law. Except as
otherwise provided or required by law, each such
public utility system shall be under the general
management and control of a superintendent or
director who shall be appointed and removed by the
Mayor and responsible to him for the supervision,
management, control, operation, and maintenance
thereof.
CHAPTER 16
FRANCHISES
Sec. 16-1 Public Utility Franchises. The City may
grant a franchise to any person or corporation for
the use of the streets, alleys, bridges, and other
public places of the City for the furnishing of any
public utility service to the City and its
inhabitants. Franchises and renewals, amendments,
and extensions thereof shall be granted only by
ordinance. Public utility franchises shall include
provisions for fixing rates and charges, and may
provide for readjustments thereof at periodic
intervals. The City may, with respect to any public
utility franchise granted after the effective date
of this Charter, whether or not so provided in the
granting ordinance:
1) Revoke the same for the violation of any of
its provisions, for the misuse or nonuse thereof,
for failure to comply with any provision thereof, or
any regulation imposed under authority of this
section;
(2) Require proper and adequate extension of
plant and the maintenance thereof at the highest
practicable standard of efficiency;
(3) Establish reasonable standards of service and
quality of products, and prevent unjust
discrimination in service or rates;
(4) Require continuous and uninterrupted service
to the public in accordance with the terms of the
franchise throughout the entire period thereof;
(5) Impose other regulations determined by the
Council to be conducive to the health, safety,
welfare, and convenience of the public;
(6) Require the public utility to permit joint
use of its property and appurtenances located in the
streets, alleys, bridges, and public places, by the
City and other utilities, insofar as such joint use
may be reasonably practicable and upon payment of
reasonable rental therefor, and, in the absence of
agreement, upon application by the public utility,
provide for arbitration of the terms and conditions
of such joint use and the compensation to be paid
therefor;
(7) Require the public utility to pay any part of
the cost of improvement or maintenance of streets,
alleys, bridges, and public places, that arises from
its use thereof, and to protect and save the City
harmless from all damages arising from such use;
(8) Require the public utility to file with the
Clerk such reports concerning the utility and its
financial operation and status as the Council may
request.
Sec. 16-2 Limitations on the Granting of
Franchises. No franchise shall be granted by the
City for a term exceeding thirty years. An
irrevocable franchise and any extension or amendment
of such a franchise may not be granted by the City,
unless it has first received the affirmative vote of
at least three-fifths of the electors of the City
voting thereon at a regular or special City
election. An irrevocable franchise ordinance may be
approved by the Council, for referral to the
electorate, only after a public hearing has been
held thereon and after the grantee named therein has
filed with the Clerk his unconditional acceptance of
all the terms of the franchise. No special election
for such purpose may be ordered by the Council
unless the expense of holding such election has
first been paid to the Treasurer by the grantee.
Sec. 16-3 Procedure for Granting Franchises.
Every ordinance granting a franchise, license, or
right to occupy or use streets, alleys, bridges, or
public places shall remain on file with the Clerk
for public inspection in its final form for at least
thirty days before the final adoption thereof, or
the approval thereof for referral to the electorate.
Sec. 16-4 Sale or Assignment of Franchises. The
grantee of a franchise may not sell, assign,
subject, or allow another to use the same, unless
the Council gives it consent. Nothing in this
section shall limit the right of the grantee of any
public utility franchise to mortgage its property or
franchise, nor shall restrict the rights of the
purchaser, upon foreclosure sale, to operate the
same, except that such mortgage or purchaser shall
be subject to the terms of the franchise and
provisions of this chapter.
CHAPTER 17
CIVIL SERVICE
Sec. 17-1 Purpose of Chapter. The purpose of this
chapter is to establish a civil service system based
for general City employees on merit principles and
scientific methods; to afford all citizens of the
City of Highland Park a fair and equal opportunity
for public service; to establish conditions of
service which will attract employees of character
and capacity; and to increase the efficiency of the
City departments by the improvement of methods of
personnel administration. All appointments and
promotionsto positions in the classified service
shall, except as in this chapter otherwise provided,
be made from appropriate eligible registers of
persons who have demonstrated their fitness in
competitive examinations for the positions sought to
be filled. The ordinances, resolutions and practices
of the City which are in effect on the date of
effectiveness of this Charter with respect to
medical, surgical or hospital insurance, longevity
pay, death benefits, leave days and other fringe
benefits shall be considered minimum and shall not
be reduced, but they may be increased by means of
negotiations or otherwise.
Sec. 17-2 Civil Service Board. The Department of
Civil Service in which there is a Civil Service
Board consisting of five residents of the City is
hereby continued in accordance with the provisions
of this Charter. They shall continue to serve
five-year terms. They shall serve with or without
compensation as determined by the Council. The terms
expiring on the first Monday in January of 1968 and
1969 and each five years thereafter shall be filled
by the full-time City employees by their votes cast
by secretballot listing the names of all persons for
whom a nominating petition signed by at least twenty
full-time City employees has been filed with the
City Clerk not later than December 1 of the previous
year. The City Clerk shall conduct the election. The
third appointment in January, 1970 and each five
years thereafter shall be a citizen at large
selected by the four Board members. The fourth and
fifth appointments in January, 1971 and 1972 and
each five years thereafter shall be made by the
Mayor. Vacanciesshall be filled by the appointing
authority involved. No person shall be appointed to
the Board who has held an elective City office
within two years immediately preceding the
appointment.
Sec. 17-3 Organizational Duties of the Board. In
February of each year, the Board shall elect a
Chairman and a Vice-Chairman from among its members.
It shall meet regularly once each month and at such
other times as it deems necessary. All regular and
special meetings shall be held at the City Hall. It
shall adopt rules for its own procedure and, subject
to the provisions of this Charter, shall provide for
the keeping of a complete record of its proceedings.
The Chairman or, in case of his absence or
disability, the Vice-Chairman, or three members of
the Board may call special meetings thereof, notice
of which shall be given, in writing, to each member
thereof or be left at his place of residence at
least six hours before the meeting. If all the
members of the Civil Service Board shall be present
at any special meeting without proper notice, such
notice shall be deemed to have been waived. All
meetings of the Board shall be public. The majority
of the Board appointed shall constitute a quorum for
the transaction of business; a less number may
adjourn from time to time; and all pending business
and business noticed or set down for hearing at any
meeting at which there shall not be a quorum
present, shall be taken up and heard at such
adjourned meeting or at the next regular meeting
without further notice. The Board shall be allowed a
reasonable use of rooms in the City Hall for holding
examinations, making investigations, and for all
other purposes as provided for and required by the
provisions of this chapter.The Civil Service Board
shall recommend and the Mayor shall appoint a
Director of Personnel who shall serve at the will
and pleasure of the Mayor. The Director of Personnel
shall be thoroughly familiar with the principles and
experienced in the practice of modern public
personnel administration. If at the time of his
appointment the Director of Personnel is not a
resident of the City of Highland Park he shall,
within a reasonable time after accepting the
appointment, become a bona fide resident of the
City.The Director of Personnel shall receive an
annual salary which shall be fixed by the Council.
Wherever the words "Personnel Director" or
"Director" are used in this chapter, they shall mean
the Director of Personnel.
Sec. 17-4 Additional Duties of the Board and
Director of Personnel.
(a) The Director of Personnel shall draft all
rules and amendments thereto and submit them to the
Civil Service Board. The Board may, on its own
motion, amend or revise such rules before submitting
same to the Council for approval. Such rules shall
not become effective unless and until they have
first been approved by the Council. The Council
shall act upon such rules or amendments within two
weeks after said rules or amendments have been
formally presented to the Council at any regular or
special Council meeting. Copies of such rules shall
be printed and held for distribution. The Board
shall make investigations, either upon its own
motion or upon the request of the Director of
Personnel, or upon the written request of the Mayor
or the Council, or upon the written request of an
employee or employee's representative. It shall
study all matters pertaining to the administration
of the merit plan in government, including
classifications, salaries, examinations,
appointments, probationary service periods,
transfers, promotions, demotions, separations, and
other subject matter pertaining to personnel
administration.
(b) The Board shall consider, approve, or amend a
classification plan and amendments thereto prepared
by the Director of Personnel. Upon application of
any appointing authority any affected employee or
the representative of an employee, the Board shall
hold hearings upon any matters pertaining to
classifications. Such classification plan or
amendments thereto shall not become effective,
unless and until it is first approved by the
Council. The Council shall act upon such
classification plan or amendments within thirty days
after said classification plan or amendments have
been formally presented to the Council at any
regular or special Council meeting.
(c) The Board shall study proposed salary ranges
which are submitted to it by the Director of
Personnel, and, upon application of appointing
authorities or employees or by the chosen
representative of any employee or upon its own
motion, it shall make investigations of salaries or
hold public hearings thereon. Any appointing
authority or employee who is dissatisfied with the
manner in which an examination was prepared,
conducted, or rated shall be entitled to demand of
the Civil Service Board a hearing on the complaint
duly filed in writing.
(d) The Board shall study and approve the salary
plan submitted to it by the Director of Personnel
and may adopt or amend the same. The Board shall
submit the plan to the Council. Such salary ranges
and salary plan shall not become effective until
first approved by the Council. The Council shall act
upon said salary ranges and salary plan within
thirty days after said salary ranges and salary plan
have been formally presented to the Council at any
regular or special Council meeting.
Sec. 17-5 Duties of the Director of Personnel.
The Director of Personnel shall prepare rules and
amendments thereto for the administration of this
chapter. All such rules and amendments shall be
submitted to the Civil Service Board for approval.
The Board may amend such rules before it grants its
approval thereof. He shall prepare a classification
plan and thereafter prepare necessary amendments
thereto, and submit the plan so prepared, or
amendments, to the Civil Service Board. He shall
prepare and conductexaminations, including
promotional examinations, which may be departmental
or servicewide. He shall prepare eligible lists and
make certification therefrom, including
certifications from reinstatement lists of names of
persons who have served successfully and who are
entitled to re-employment. He shall act as Secretary
of the Civil Service Board and keep its minutes. He
shall make such investigations and inquiries and
report thereon as may be required by the Board or by
the Council. He shall, in general,be the executive
and chief administrative officer of the Department
of Civil Service and shall be authorized, with the
approval of the Board, to hire, subject to the
provisions of this chapter, such assistants as he
and the Board determine to be necessary, provided
the Council has made funds available therefor. The
salaries of such employees shall be in accordance
with the salary ranges established for all other
positions in the classified service. He shall attend
all hearings and meetings of the Board, andmake his
recommendations and be an advisor to the Board, but
the decision of the Board on all matters which come
before it by appeal and upon the matters otherwise
provided for herein, shall be final and binding upon
all parties concerned.
Sec. 17-6 Unclassified and Classified Services.
(a) The civil service of the City shall be
divided into an unclassified service and a
classified service.
(b) The unclassified service shall consist of the
following:
(1) Persons elected to office under this Charter;
(2) Persons appointed to office under this
Charter or under the provisions of a City ordinance;
(3) Persons appointed to fill vacancies in such
elective or appointive offices;
(4) The regular and probationary members of the
Police Department now having the benefits of civil
service under Act No. 78 of the 1935 Public Acts of
the State of Michigan, including special police
officers not in the employ of the City, and school
crossing officers;
(5) The regular and probationary members and
employees in the Fire Department now having the
benefits of civil service under Act No. 78 of the
1935 Public Acts of the State of Michigan;
(6) The Chief of the Police Department;
(7) The Chief of the Fire Department;
(8) Members of the Civil Service Board, and of
other boards, commissions, and committees of the
City;
(9) Director of Personnel;
(10) The deputies of elective and appointive
officers;
(11) The Assistant City Attorneys;
(12) The director and deputy director of the
Highland Park General Hospital, the pathologist,
roentgenologist, the members of the medical staff,
the resident physicians, the interns, externs,
medical technologists, anesthetists, dieticians, and
superintendent of nurses, graduate nurses,
registered nurses, student nurses, practical nurses,
bacteriologist and physiotherapists, and social
director of student nurses of said hospital, and of
every other hospital owned or maintained by the City
of Highland Park;
(13) The bacteriologist in the Health Department;
(14) The Director of, and all employees of the
Recreation Commission;
(15) The Clerk and Deputy Clerk of the Municipal
Court;
(16) The purchasing agent.
(c) The provisions of this chapter shall not
apply to the unclassified services, except where
otherwise expressly provided therein.
(d) The provisions of this chapter shall apply to
the classified service which shall include all
persons and positions not in the unclassified
service. No position may be removed from the
classified service and placed in the unclassified
service. New classifications within the classified
service may be added as needed.
Sec. 17-7 Status of Employees. All employees
whose positions are by the provisions of this
chapter placed in the classified service and who
have been in the classified service under the
provisions of the previous Charter of the City,
shall hold their positions without break in
continuity of any right or privilege possessed at
the effective date of this Charter. The Council
shall determine the holiday, overtime, and other
privileges and benefits of temporary, provisional,
and emergency employees, consistentwith the
provisions of law.
Sec. 17-8 Classification of Employees. The
Director of Personnel, after consultation with the
appointing authorities, employees, or their
representative, shall prepare and recommend to the
Board a classification plan which shall group all
positions in the classified service in classes,
based on their duties, authority, and
responsibilities. The classification plan shall set
forth, for each class of positions, a class title
and a statement of the duties, authority, and
responsibilities thereof. Each class ofpositions may
be subdivided, and classes may be grouped or ranked
in such manner as may be deemed appropriate. Such
plan shall take effect when approved by the Board
after public hearing, of which there has been at
least two weeks public notice. Every position in the
classified service shall be allocated to the
appropriate class therein. The allocation of a
position to a class shall derive from and be
determined by the duties and responsibilities of the
position so that all of those positions allocated
toa class of positions will be appropriately
described by the class title, and so that the same
schedule of compensation can be made applicable to
the entire class. New positions may be established
and existing positions may be combined, altered, or
abolished. Any employee affected by any act of the
Director of Personnel, or by his appointing
authority, or by the Civil Service Board, may, if
the is not satisfied, appeal to the Board and he
shall be entitled to a hearing. Upon the
reclassification or reallocation of a position, the
status and salary of the incumbent thereof shall not
be affected, unless his salary before the
reclassification or reallocation was higher than the
maximum salary prescribed for the class of position
to which his individual position is reclassified or
reallocated. In such events, the salary of the
incumbent affected by the act or acts may be reduced
to not less than the maximum salary prescribed for
the class to which his position is reclassified or
reallocated. In addition, the incumbent shall be
eligible for transfer to a vacant position in the
class to which his position was formerly allocated,
if this class of position has been retained, or to a
vacant position in a comparable class if it has not
been retained. If none of these opportunities for
continuance of service exist, the incumbent shall at
his option, be continued in the service without
change in compensation. No permanent employee
without his consent shall be deprived of employment
by any act of allocation, reallocation,
classification, reclassification, or abolition of
position except after open public hearing and by
unanimous vote of all the members of the Civil
Service Board.
Sec. 17-9 Salaries.
(a) The Director of Personnel shall discuss
desirable salary ranges with appointing authorities,
the City fiscal officers, and the employees or their
representatives. On or before the first Monday in
February of each year, the Director of Personnel
shall prepare and submit a proposed compensation
plan to the Civil Service Board for all positions in
the classified service. Salary ranges and wage rates
established in the plan for all classes of positions
shall be based on the principle of the highest
prevailing rates, salaries, or wages for comparable
duties, responsibilities, and services paid in the
metropolitan Detroit area. On or before the third
Monday in March of each year, the Civil Service
Board shall submit its proposed compensation plan
with recommendations to the Council. No compensation
plan shall become effective for the ensuing fiscal
year, unless and until it has first been approved by
the Council. Nothing contained in this paragraph
shall be construed to deprive the Council of its
sole and finalauthority to fix all wages and
salaries paid by the City, subject to the
requirement that salary ranges and wage rates shall
be based on the principle of the highest prevailing
rates, salaries, and wages for comparable duties,
responsibilities, and services paid in the
metropolitan Detroit area, and subject to other
applicable provisions of this chapter.
(b) Opportunity to be heard by the Board shall be
accorded to an employee or his representative,
affected by change in the salary range for the class
of position to which his position has been
allocated. Ranges shall include minimum and maximum
salary limits and intermediate rates or steps for
each class of position shall become effective and
the length of service shall become effective and the
length of service required before the employee
received the maximum salary limit. Each increment or
step shall beput in force automatically when due.
Proper evaluation of all classifications shall be
made so that just compensation for each position may
be established. No employee shall receive any salary
or wage, or step-up increment in salary or wage, or
a maximum salary or wage, exceeding that established
by the compensation plan.
Sec. 17-10 Vacancies. Vacancies in positions in
the classified service, or in the creation of new
classifications, shall be filled only by appointment
of an eligible person certified by the Director of
Personnel from an appropriate eligible list. The
certification, except when from a departmental
re-employment list or a promotional list, shall give
the names of the three persons standing highest on
the eligible list. All certifications shall be as
provided by Section 17-15 of this chapter.
Sec. 17-11 Departmental Re-Employment Lists. The
Director of Personnel shall establish and maintain
departmental re-employment lists which shall contain
the names of persons who have been regular employees
and who were separated from their positions for
reasons other than fault or delinquency on their
part. The order in which names shall be placed on a
re-employment list shall be according to seniority
earned in the City service. Persons who have
resigned their positions while in good standing
shall be entitled to have their names placed upon
the re-employment list. The names of such persons
shall be placed below the names of persons who have
been laid off or otherwise separated from the City
service.
Sec. 17-12 Promotional and Employment Lists. The
Director of Personnel shall establish and maintain
such promotion lists and employment lists for the
various classes of positions in the classified
service as are necessary to meet the needs of the
service. On each promotion list eligibles shall be
ranked in the order of their earned seniority and
earned rating in a promotional examination and on
each employment list the eligibles shall be ranked
in the order of their ratings in the test given for
the purposes of establishing such a list. Provided,
that veterans of any of the wars of the United
States, who have obtained the minimum earned rating,
shall have five additional points added to their
earned rating and, if any such veterans have a
disability which is directly or indirectly traceable
to war service, which is recognized by the U.S.
Veterans' Administration as compensable, ten
additional points shall be added to their earned
rating for entrance examinations only and their
names shall be placed upon the list in the order of
such augmented ratings.
Sec. 17-13 Promotional and Entrance Examinations.
The Director of Personnel shall, from time to time,
conduct such promotional and entrance examinations
as he considers necessary for the purpose of
establishing promotion lists and employment lists.
The examinations shall be competitive and shall be
of such character as to determine the fitness,
qualifications, and ability of the persons tested to
perform the duties of the class of positions for
which a list is to be established. They shall be
written and portions thereof may be oral or
physical, or both. In promotional examinations not
less than twenty or more than thirty percent of the
total required weight or a perfect score shall be
allowed for earned seniority. In all cases where a
vacancy occurs, promotional examinations shall be
given priority over open competitive examinations.
The examinations shall take into consideration such
factors as experience, aptitude, capacity,
knowledge, character, physical fitness, and other
qualifications. No question shall be framed as to
elicit information concerning the religious or
political opinions of or affiliations of any
applicant.
Sec. 17-14 Admission to Examinations. The Civil
Service Board shall determine the qualifications for
admission to any examination. Subject to such
limitations as the Board and Director consider
necessary for the best interests of the service,
admission to examinations shall be open to all
persons who appear to possess the required minimum
qualifications and may be lawfully appointed in the
class for which a list is to be established. The
Director of Personnel may reject the application of
any person for admission to an examination or may
strike the name of any person from a list or refuse
to certify the name of any person on a list for a
position if the finds that such a person lacks any
of the required qualifications, or is addicted to
the habitual excessive use of drugs or intoxicating
liquor, or has been convicted of a crime or is
guilty of any disgraceful conduct, or has been
dismissed from the service for delinquency, or has
made a false statement for a material fact or has
practiced or attempted to practice any fraud or
deception in his application or examination or in
attempting to secure appointment. Applicant shall
have the right to appeal to the Board in event of
rejection by the Director.
Sec. 17-15 Certification. No person shall be
appointed or promoted to a position in the
classified service unless certified as eligible by
the Director of Personnel. Upon written notice from
an appointing authority that a position is to be
filled, the Director of Personnel shall certify the
names of the highest ranking persons who are willing
to accept employment from eligible lists for the
position in the following order: departmental
re-employment lists, promotional lists, and
employment lists. The numberof names certified from
the departmental re-employment lists or promotional
lists shall be equal to the number of vacancies to
be filled. The names certified from any other
eligible list shall be the names of the three
persons standing highest on such eligible list. The
detailed procedure and provisions for certifications
and appointments shall be as provided by the rules
adopted by the Civil Service Board and approved by
the Council where not inconsistent with the
provisions of this chapter.
Sec. 17-16 Probationary or Trial-Service Period.
Every person appointed to a position in the
classified service after certification of his name
from an employment list shall serve a probationary
or trial-service period of six months. At such times
during the trial-service period and in such manner
as the Director of Personnel may require, the
appointing authority shall report to the Director
his observation of the probationary employee's work,
and his judgment as to the employee's willingness
and ability toperform his duties satisfactorily, and
as to his habits and dependability. At any time
during the probationary or trial-service period the
appointing authority may reject a probationary
employee if in his opinion such employee is unable
or unwilling to perform his duties satisfactorily,
or that his habits and dependability do not merit
his continuance in the service. Upon such rejection,
the appointing authority shall forthwith report to
the Director of Personnel and to the probationary
employee rejected,his action and the reasons
therefor. The Director of Personnel may reject a
probationary employee within the first month of his
trial-service period, if he finds, after giving the
employee proper notice and opportunity to be heard,
that such employee was appointed as a result of
fraud or error. Ten days prior to the expiration of
an appointee's probationary or trial-service period,
the appointing authority shall notify the Director
of Personnel in writing whether the services of the
appointee have been satisfactory and whether he will
continue the employee in his position. A copy of
such notice shall be given to the probationary
employee. The employee shall be deemed to have
satisfactorily served his probationary period, and
shall become a permanent employee unless at least
ten days prior to the expiration of such
probationary period the appointing authority has
notified the Director of Personnel in writing that
the employee's services have not been satisfactory.
The adoption of this Charter shall not changeor
interrupt the probationary period or standing of any
employee of the City. Any employee who is rejected
during his probationary or trial-service period from
a position to which he was promoted shall be
reinstated to his former position, unless charges
are filed and he is discharged as provided in this
chapter.
Sec. 17-17 Special Appointments. Positions in the
classified service may be filled as follows:
(1) If there is no appropriate list available,
the Director of Personnel may authorize a
provisional appointment of a person meeting the
minimum prerequisites for the class to which the
position is allocated. No position shall be filled
by provisional appointment for longer than sixty
days nor more than once in any calendar year, nor
shall any person be appointed as a provisional
employee more than once in any calendar year.
(2) Whenever there is need of an employment for a
temporary period not to exceed ninety days, a
selection may be made of any available person on the
appropriate employment, promotional, or
re-employment list with regard to standing thereon.
Successive temporary appointments of the same person
to the same position shall not total more than
ninety calendar days in any one calendar year.
(3) To prevent the stoppage of work or
inconvenience to the public in case of an actual
emergency, any appointing authority may appoint any
person to any position for the duration of such
emergency. Emergency appointments shall be reported
immediately to the Director of Personnel.
Sec. 17-18 General and Special Provisions.
General and special service provisions applicable to
all employees in the classified service follow:
(1) Leaves. Written leaves of absence without pay
may be granted by the appointing authority with the
approval of the Civil Service Board in the case of
classified employees for a period not to exceed one
year. Upon expiration of the leave the employee
shall be reinstated to the position held before the
leave was granted. Leaves of absence without pay
shall not count toward seniority. When a person in
the classified service assumes a position in the
unclassified service of the City, he shall be
entitled toa leave of absence from his position in
the classified service during the period that he
holds such position in the unclassified service.
Such leave shall not cause the loss of any seniority
credit which would accrue to him had he remained in
the classified service. Failure of an employee to
report promptly at the expiration of the leave
granted him shall be cause for dismissal.
(2) Military Leave.
(a) Any full-time regular employee of the City,
in the classified service, who is called into at any
time or voluntarily in time of war, or of national
emergency as recognized by the Council, enters the
active United States military, naval, marine,
aviation, or Coast Guard service, shall, upon
written request to the Council, be granted a leave
of absence, without pay, for the duration of such
active service and for a period of three months
following separation from such active service under
honorable conditions. Upon separation from such
active service under honorable conditions, or at any
time during the three months period immediately
following such separation, the employee shall have
the right to return to his position, upon
application for reinstatement, provided, that the
position still exists and the City physician
certifies that such employee is free from any bodily
or mental defects, deformities, or diseases which
might, in fact, incapacitate him from the
satisfactory performance of the duties of the
position. An employee granted such leave shall not
suffer any loss of seniority, rating or demotion of
any kind whatsoever, and such leave of absence shall
be considered as actual service in computing
salaries or wages under any pay plan or in computing
eligibility for promotion. Applications for
reinstatement shall be in writing and must be
accompanied by the employee's discharge papers or
other evidence of separation from active service
under honorable conditions. They shall be presented
to the Director of Personnel who shall forward same
to the Civil Service Board. Vacancies, including
promotions, resulting from military leaves granted
under this subsection shall be filled only on a
conditional basis as prescribed by the rules.
(b) The provisions of this subsection shall be
applicable to enlistments in the Armed Services of
the United Nations, provided that a bona fide
attempt has first been made to enter the Armed
Services of the United States Government. The
employee shall furnish such proof of such attempt as
shall be required by the Council.
(3) Vacations. Two weeks annual vacation with pay
in each year shall be granted to all classified
employees of the City. Provided, that they have been
employed by the City for twelve months prior to the
vacation period. Three weeks annual vacation with
pay in each year shall be granted to all classified
employees of the City. Provided, that they have been
employed by the City for sixty months prior to the
vacation period. In addition, any employee who does
not use more than five sick leave days in any
yearshall be entitled to receive an additional three
days vacation with pay in the following year.
Employment by the City, both prior to and after the
effective date of this Charter, shall be credited to
City employees in computing the required twelve
month or sixty month periods of prior service herein
specified. The time at which vacations may be taken
within each fiscal year shall be determined as
prescribed by the rules. Vacations may be
accumulated as follows: employees entitled to two
weeks annual vacation with pay may accumulate such
vacations for a total period of four weeks, and
employees entitled to three weeks annual vacation
with pay may accumulate such vacations for a total
period of six weeks. Vacations shall be determined
as of the employee's anniversary date of employment.
(4) Sick Leave. Sick leave shall be granted with
pay to employees in accordance with rules at the
rate of one and one-half work days for each calendar
month of service on an annual basis. Provided, that
an additional fifteen days sick leave with pay in
each fiscal year may be granted by the appointing
authority where in his opinion sickness or other
physical disabilities is or are of such a nature as
to justify such additional time. Unused earned sick
leave shall be cumulative to a total of seventy-two
days. The use of sick leave privileges shall be
limited to cases of illness, injury, and short
absences for physical examinations, dental work, eye
examinations, and medical care. The Civil Service
Board may provide by rule for the giving of physical
examinations in cases of employees who may abuse
sick leave privileges. Earned sick leave days may be
used and shall be available to any employee who is
hurt in the course of his employment during the
period between the time of his injury and the time
he becomes eligible for workmen's compensation cases
to make up the difference between the amount of
workmen's compensation payments and the employee's
regular pay. Rules governing sick leave shall be
prescribed by the Board.
(5) Special Leave. Every employee shall be
granted not to exceed five days leave of absence
with pay in the event of death in the immediate
family. "Immediate family" shall be deemed to mean
father, mother, husband, wife, brother, sister,
child, grandparent, parent of husband or wife, or
foster parent, brother, sister, or child. Such leave
of absence with pay shall be in addition to any
vacation leave, compensatory time, or sick leave.
(6) Seniority. Seniority rights of employees
subject to this chapter shall be computed, beginning
with the date of probationary appointments to or
employment in any position for which they were
certified or otherwise qualified as provided herein.
(7) Service Day. The service day for all
employees of the City of Highland Park, during which
they shall be required to work, shall consist of
eight consecutive hours of any one period of
twenty-four hours, with reasonable interruptions for
lunch periods, which shall not be deemed to be a
part of the service day. The service day shall be
deemed to begin when the employee normally starts
working and to continue forward for a period of
twenty-four hours. No employee shall be required or
permitted to work formore than this eight hour
service day, except in the case of an emergency
which would result in a serious loss, damage, or
impairment of the City's service, where the same
employee or employees were required to remain
continuously for a longer period, in which case,
during the continuance of the emergency, the
provision requiring the eight hour service day may
be suspended by the department head or proper
subordinate in whose department the emergency shall
have arisen; and also except as provided in
subsection (8)(b) of this section.
(8) Service Week.
(a) No employee shall be required or permitted to
work for more than five service days in any
consecutive seven days of twenty-four hours each,
except in the case of an emergency which would
result in a serious loss, damage, or impairment of
the City's service, where the same employee or
employees were required to remain at work in excess
of the five day service week, in which case, during
the continuance of the emergency the provision
requiring a five day service week may be suspended
by the department head or proper subordinate in
whose department the emergency shall have arisen;
and also except as provided in subsection (8)(b) of
this subsection immediately following.
(b) In departments or units thereof, now or
hereafter continuously operated night and day, the
provisions of this section requiring the eight hour
service day and a five day service week may be
suspended by the department head at the request of
or with the approval of a majority of the employees
working in such departments or units. Provided,
however, that such suspension in either case shall
not become effective unless and until the approval
of the Council has first been obtained. Upon
suspension of the five day service week as in this
subsection (b) provided, all employees in such
departments or units shall perform their work within
a service period not exceeding fifteen consecutive
eight hour service days of any period of twenty-one
consecutive days of twenty-four hours each. During
such suspension said employees may be required to be
and to remain on duty more than eight hours in a
twenty-four hour period but not exceeding three
times during the aforesaid service period of fifteen
days. Provided, however,that in no event shall the
City of Highland Park be liable for any overtime
unless and until the hours worked during a service
period exceed in the aggregate one hundred and
twenty hours and in that event overtime shall be
computed in accordance with the provisions of this
section. The suspension of the five day service week
as here provided may be terminated at any time by
the department head with the approval of the
Council. At the end of any service period
established under this subsection (8)(b) the
employee or employees shall be relieved and not
required or permitted again to go on duty unless and
until such employee has had forty-eight consecutive
hours off duty for each forty hours worked during
the scheduled service period as permitted in this
subsection (8)(b) of this section. The Civil Service
Board is hereby authorized to issue such regulations
subject to the approval of the Council as may be
necessary for the administration of the provisions
of this section. The rules and regulations so
specifiedmay not conflict with law.
(9) Overtime Pay. The rate of compensation for
excess service rendered by any employee in the
classified service of the City of Highland Park of
whom service in excess of the regular service day or
the regular service week shall have been required in
the case of an emergency, as here provided in
subsections (7) and (8)(b) of this section, or of
whom excess service shall have been required in
subsection (8)(b) of this section, shall be for the
seventh day of the service week twice the regular
rate of compensation, and for other days one and
one-half times the regular rate of compensation.
Provided, that persons who are required to work on a
holiday shall receive their regular rate of
compensation plus an equal amount as holiday pay.
Further, persons who perform services on a holiday
which is specified in this Charter or by ordinance
shall receive twice their normal rate of
compensation for all time worked in excess of the
service day or service week, plus their holiday pay.
A holiday falling within the serviceweek of an
employee shall be counted as a service day when
computing overtime.
(10) Minimum Rates. No employee shall receive
compensation in a sum less than the highest
prevailing wage or salary for comparable duties,
responsibilities and services paid in the
metropolitan Detroit area. Whenever practicable, the
per diem plan of employing common labor shall be in
force. All wages and all salaries shall be paid
weekly. Any employee who shall receive compensation
for service rendered at a rate less than the minimum
fixed herein may by an action for debt recover from
the City of HighlandPark the balance due him
hereunder with costs.
(11) Grievance Procedures. Grievance procedures
shall be provided by rule so that any action by an
employing authority which affects adversely any
employee or employees may be appealed from by such
employee or employees or the employee's or the
employees' representatives in the following manner:
First, to the appointing authority, then to the
Director of Personnel and then to the Civil Service
Board.
(12) Holidays. The following days shall be
classed as holidays: New Year's Day; Memorial Day;
Independence Day; Labor Day; Veteran's Day;
Thanksgiving Day; and Christmas Day. All employees
in the classified service shall receive the
aforesaid holidays off duty with pay, except those
employees in departments where continuous service is
required; then, in that case, those employees who
are required to work on the aforesaid holidays shall
be paid at twice their regular rate of compensation.
Sec. 17-19 Layoffs. Whenever a reduction of
employees is required, because of a shortage of
funds or work or a material change in duties or
organization, such persons shall be laid off in
inverse order to their length of service in the
classified service in accordance with rules to be
established by the Board. Any employee may appeal in
writing to the Board within five days of receiving
notice of layoff on the grounds that the procedure
herein prescribed has not been complied with or that
the layoff was notmade in good faith or was
otherwise improper. The Board shall within fifteen
days of such appeal hold such hearing or
investigation as it may deem necessary. The Board
may also conduct any such hearing or investigation
within thirty days of receiving notice of layoff on
its own motion. In rendering a decision as a result
of any hearing or investigation held pursuant to
this subsection the Board may order the
reinstatement of the employee if it appears that the
proper procedure has not been followed or thatthe
layoff was not made in good faith. Every such
affected employee shall have the right to be
represented by legal counsel and/or other
representatives. Any employee reinstated as a result
of hearing or investigation shall receive full pay
for time lost.
Sec. 17-20 Suspension Without Pay and Transfers.
The appointing authority for disciplinary purposes
may suspend employees without pay. Notice of such
suspension shall be transmitted immediately to the
Director. A suspended person within ten days may
appeal to the Board which will investigate the
action. The Board may confirm, deny or reduce the
suspension and may order the payment of all or part
of the salary to the employee for the period during
which he was suspended. Employees may be transferred
from onedepartment or division within the City
government to another department or division within
the City government. In no case shall transfers,
whether permanent or temporary, affect the
employee's seniority standing to his or her credit
in the department from or to which he was
transferred. In case of layoffs in the department to
which the employee was transferred, such employee
shall be transferred back to the original department
with all seniority; provided, the seniority is such
as to warrant such employee's holding the job or
position in the original department.
Sec. 17-21 Reductions, Demotions and Discharges.
Whenever the appointing authority decides to demote
an employee to a lower class, or to discharge a
permanent employee, written notice and reasons
therefor shall be promptly furnished to the employee
and the Director of Personnel. The Director of
Personnel shall promptly investigate the
circumstances surrounding the action. Any time
within ten days after the receipt of the notice of
demotion or discharge, the employee may appeal in
writing to the Board for investigation and review.
The Board within two weeks of the receipt of the
written appeal shall give the demoted or discharged
employee an opportunity for an open hearing. Like
opportunity shall be given the appointing authority.
The procedure of all hearings before the Board shall
be informal. Each party shall be afforded an
opportunity to present his case and may have
subpoenas issued to require the attendance of
witnesses. Within five days after the conclusion of
the hearing the Board shall render a decision which
shall be binding upon both parties, such decision to
take immediate effect. Every employee shall at all
times have the right to be represented by legal
counsel or by other representatives. If the decision
of the Civil Service Board is in favor of the
employee, then in that event such employee shall be
entitled to return to his position or job with back
pay covering the period he was off the payroll, or
was demoted to a position paying a lesser wage or
salary.
Sec. 17-22 Subpoenas; Oaths. The Board, each
member of the Board, and the Director of Personnel
shall have power to administer oaths. The Civil
Service Board shall have the power to compel the
attendance of witnesses, and the production of books
and papers pertinent to any investigation or hearing
authorized by this chapter by subpoena or written
order. Such Board shall issue subpoenas at the
request of the employee or appointing authority. Any
person refusing or neglecting to comply with the
requirements of any subpoena or written order issued
and served under this section, or to answer any
questions or who shall knowingly give false
testimony therein, or shall be guilty of altering or
concealing such books or papers shall be liable to
the penalty provided for violations of this Charter.
Sec. 17-23 Prohibited Solicitations; Political
Activities. In applying the provisions of this
chapter or in doing any of the things herein
provided for, no officer or employee shall give any
weight whatsoever to political or religious beliefs
or affiliations. No person subject to the provisions
of this chapter shall solicit, orally or by letter,
from an officer or employee, during his working
hours, any money or other contribution for any
political party or candidate.
Sec. 17-24 Departmental Records. The records of
the department except such records as the rules may
require to be held confidential for reasons of
public policy, shall be public records and shall be
open to public inspection, subject to regulations as
to the time and manner of inspection which may be
prescribed by the rule.
Sec. 17-25 Appropriations for Civil Service
System. The Council shall annually make adequate
appropriation to enable the Civil Service Board to
carry out fully and effectively the provisions of
this chapter.
Sec. 17-26 Violations of Rules. Any person who is
convicted of violating any of the effective rules of
the Civil Service Board shall be ineligible for
appointment to or employment in positions in the
City service for a period of five years, and shall,
if he be an officer or employee of the City,
immediately forfeit the office or position he holds.
CHAPTER 18
HIGHLAND PARK EMPLOYEES RETIREMENT SYSTEM
Sec. 18-1 Retirement System Continued. The
Highland Park employees retirement system,
established with effective date July 1, 1943, is
hereby continued subject to the provisions of this
chapter.
Sec. 18-2 Definitions. The following words and
phrases as used in this chapter, unless a different
meaning is clearly required by the context, shall
have the following meanings:
(1) "City" means the City of Highland Park,
Michigan, and shall include its predecessor the
Village of Highland Park.
(2) "Retirement system" or "system" means the
Highland Park employees retirement system continued
in this chapter.
(3) "Board of Trustees" or "Board" means the
Board of Trustees of the Highland Park employees
retirement system.
(4) "Member" means any person who is included in
the membership of the retirement system.
(5) "Retirant" means any member who retires with
a pension payable by the retirement system.
(6) "Beneficiary" means any person, except a
retirant, who is in receipt of, or who is designated
to receive, a pension or other benefit payable by
the retirant system.
(7) "Service" means personal service rendered to
the City by an officer or employee of the City.
(8) "Credited service" means the number of years
and months of service standing to a member's credit.
(9) "Retirement" means a member's withdrawal from
the employ of the City with a pension payable by the
retirement system.
(10) "Compensation" means the salary or wages
paid a member by the City for personal services
rendered by him to the City. If a member's
remuneration is not all paid in money the Council
shall fix the portion of his remuneration which is
not paid in money.
(11) "Final average salary" means the average of
the annual compensations paid a member for any five
consecutive years of credited service, selected by
him, contained within his ten years of credited
service immediately preceding the date his
employment by the City last terminates. If he has
less than five years of credited service his final
average salary shall be the average of his annual
compensations for his total period of service.
(12) "Final salary" means a member's annual rate
of compensation at the time his employment by the
City last terminates.
(13) "Pension" means an annual amount payable by
the retirement system, in equal monthly
installments, throughout the future life of a
person, or for a temporary period, as provided in
this chapter.
(14) "Pension reserve" means the present value of
all payments to be made on account of any pension
payable by the retirement system; and shall be
computed upon the basis of such mortality and other
experience tables, and regular interest, as the
Board of Trustees shall from time to time adopt.
(15) "Regular interest" means such rate or rates
of interest per annum, compounded annually, as the
Board of Trustees shall from time to time adopt.
(16) "Accumulated contributions" means the sum of
all amounts deducted from the compensation of a
member and credited to his individual account in the
members deposit fund, together with regular interest
thereon.
(17) "Workmen's compensation period" means the
period a person is in receipt of workmen's
compensation on account of a member's disability or
death arising out of and in the course of his
employment by the City. If he is paid a single sum
in lieu of future workmen's compensation his
"workmen's compensation period" shall be the period,
if any, he was in receipt of weekly workmen's
compensation plus the period arrived at by dividing
the said single sum paid him by his weekly workmen's
compensation award.
(18) "Voluntary retirement age" means age sixty
years, or the age at which a member acquires or
would acquire thirty years of credited service,
whichever occurs first.
(19) The masculine gender shall include the
feminine gender, and words of the singular number
with respect to persons shall include the plural
number, and vice versa.
Sec. 18-3 Board of Trustees. The authority and
responsibility to administer, manage and operate the
retirement system, and to construe and make
effective the provisions of this chapter, shall be
vested in a Board of Trustees. The Board shall
consist of seven trustees, as follows:
(1) The Mayor, ex-officio.
(2) A member of the Council to be selected by the
Council to serve at the pleasure of the Council.
(3) The Finance Director, ex-officio.
(4) A citizen trustee, who shall be a citizen who
is not a member, retirant, or beneficiary of the
retirement system, to be appointed by the Mayor by
and with the consent of the Council.
(5) Three member trustees who shall be members of
the retirement system to be elected by the members
under such rules and regulations as the Board of
Trustees shall from time to time adopt.
Sec. 18-4 Trustee Term of Office; Oath of Office.
(a) The regular term of office for the citizen
trustee and the member trustees shall be four years,
one such term to expire annually.
(b) Each trustee shall, within ten days after his
appointment or election, take an oath of office to
be administered by the City Clerk.
Sec. 18-5 Vacancy on Board; How Filled.
(a) In the event a trustee leaves City
employment; or if any trustee, except an ex-officio
trustee, fails to attend three consecutive scheduled
regular meetings of the Board, unless in each case
excused for cause by the trustees attending such
meeting, he shall be considered to have resigned
from the Board and the Board shall, by resolution,
declare his office of trustee vacated as of the date
of adoption of such resolution.
(b) If a vacancy occurs in the office of trustee
it shall be filled, within sixty days from and after
the date of the vacancy, for the unexpired portion
of the term, in the same manner as the office was
previously filled.
Sec. 18-6 Board Meetings; Vote; Quorum. Each
trustee shall be entitled to one vote on each
question before the Board of Trustees. Four trustees
shall constitute a quorum at any meeting of the
Board and at least four concurring votes shall be
necessary for a decision by the Board.
Sec. 18-7 Board Chairman; Meetings; Board
Compensation.
(a) The Board of Trustees shall elect from its
own number a Chairman and a Vice-Chairman. The Board
shall hold meetings regularly, at least quarterly,
and shall designate the time and place thereof. The
Board shall adopt its own rules of procedure and
shall keep a record of its proceedings. All meetings
of the Board shall be public.
(b) The trustees shall serve without additional
compensation for their services as trustees;
provided, that each trustee shall be reimbursed,
upon approval by the Council, for any reasonable and
necessary expense incurred by him in the performance
of the duties of trustee.
Sec. 18-8 Retirement System Officers.
(a) The officers of the retirement system shall
be as follows:
(1) The Finance Director shall be the
administrative officer of the retirement system; and
he shall serve as Secretary to the Board of
Trustees.
(2) The City Attorney shall be the legal advisor
to the Board of Trustees.
(3) The City Treasurer shall be treasurer of the
retirement system, and he shall be the custodian of
its assets.
(4) The Board of Trustees shall appoint an
Actuary, who is a member of the American Academy of
Actuaries, to serve as technical advisor to the
Board. He shall perform such other duties as are
required of him under this chapter.
(5) The Board of Trustees shall appoint as
Medical Director a physician who is not employed in
any other position in the City or County
governments. He shall be directly responsible to and
shall serve at the pleasure of the Board. He shall
arrange for and pass upon all medical examinations
required under this chapter; he shall investigate
all essential statements and certificates of a
medical nature furnished by or on behalf of a
member, retirant or beneficiary in connection with a
claim for disability retirement or duty death
benefits; and he shall report in writing to the
Board his conclusions on medical matters referred to
him by the Board.
(b) The Board of Trustees may employ such
professional and other service as are required for
the proper operation of the retirement system. The
compensation for such services shall be subject to
the approval of the Council.
Sec. 18-9 Record; Annual Report.
(a) The Secretary shall keep, or cause to be
kept, such data as shall be necessary for an
actuarial valuation of the assets and liabilities of
the retirement system.
(b) The Board of Trustees shall annually render a
report to the Mayor and Council showing the fiscal
transactions of the retirement system for the year
ended the preceding June 30; and the last balance
sheet of the system showing its financial condition
by means of an actuarial valuation of its assets and
liabilities. The Board shall furnish such other
reports as the Mayor or Council shall from time to
time request.
Sec. 18-10 Adoption of Experience Tables; Regular
Interest. The Board of Trustees shall from time to
time adopt such mortality and other tables of
experience, and a rate or rates of interest, as are
necessary in the operation of the retirement system
on an actuarial basis.
Sec. 18-11 Membership of Retirement System.
(a) The membership of the retirement system shall
include all persons who are officers or employees of
the City, and all persons who become officers or
employees of the City, except as provided in
subsection (b) of this section.
(b) The membership of the retirement system shall
not include (1) any person in the employ of the City
December 31, 1967 whose compensation averages less
than six hundred dollars per annum in a period of
three consecutive years, nor (2) any person, except
an elected officer of the City, who enters the
employ of the City after December 31, 1967 in a
position normally requiring less than 800 hours of
work per annum, nor (3) any person whose services
are compensated on a fee or contractual basis, nor
(4) the Medical Director and the Actuary, nor (5)
any person who is a member or retirant of the City
of Highland Park policemen and firemen retirement
system continued under Chapter 19 of this Charter.
(c) The membership of the retirement system also
may include the paid Director and employees of the
Housing Commission of the City of Highland Park
subject to the following express provisions:
(1) No person whose position normally requires
less than 2,080 hours of work per annum shall be
included.
(2) No person compensated on a fee or contractual
basis shall be included.
(3) The Director and each employee included in
the system shall make regular contributions to the
Members Deposit Fund (Annuity Savings Fund) and the
Housing Commission shall make regular contributions
to the Pension Reserve Fund in accordance with the
actuary's computations for each person included in
the Retirement System; further, upon retirement of a
member, the Housing Commission shall deposit in the
Pension Reserve Fund such additional sums, if any,
as the actuary shall determine are required to
meetthe liability of the system to the retiring
member.
(4) Eligible officers and employees of the
Housing Commission shall, upon payment of a regular
contribution and any interest heretofore due to both
the Pension Reserve Fund and Members Deposit Fund
(Annuity Savings Fund) within thirty days of the
effective date of this amendment, be given credit
for service heretofore rendered to the Housing
Commission.
(d) In any case of doubt as to the membership
status in the retirement system of any officer or
employee, the Board of Trustees shall decide the
question.
(Amended 11-4-80)
Sec. 18-12 Termination of Membership. Except as
otherwise provided in this chapter, should any
member leave the employ of the City, for any reason
except his retirement or death, he shall thereupon
cease to be a member and his credited service in
force at that that shall be forfeited by him. In the
even the is re-employed by the City in a position
covered by this retirement system he shall again
become a member. If his said re-employment occurs
within a period of eight years from and after the
date he lastleft City employment the credited
service last forfeited by him shall be restored to
his credit, provided he returns to the members
deposit fund the amount, if any, he withdrew
therefrom, together with regular interest from the
date of withdrawal to the date of repayment. Upon a
member's retirement or death he shall thereupon
cease to be a member.
Sec. 18-13 Credited Service. The Board of
Trustees shall determine by appropriate rules and
regulations the amount of service to be credited any
member; provided, however, that in no case shall
less than ten days of service rendered by a member
in any calendar month be credited him as a month of
service, nor shall less than ten months of service
rendered by him in any calendar year be credited as
a year of service, nor shall more than one year of
service be credited any member for all service
rendered by him in any calendar year. Based upon
such rules and regulations and the provisions of
this chapter, the Board shall credit each member
with the years and months of service to which he is
entitled.
Sec. 18-14 Military Service Credit. In the event
a member who, while employed by the City, entered or
enters any armed service of the United States
government, and who has been or shall be on active
duty in such armed service during time of war or
period of compulsory military service, he shall have
such armed service actually required of him credited
him as City service in the same manner as if he had
served the City uninterruptedly: Provided, that (1)
he re-enters the employ of the City within one year
after termination of such armed service actually
required of him, and (2) he pays into the members
deposit fund the amount, if any, he withdrew
therefrom at the time he entered or while in such
armed service, together with regular interest from
the date of withdrawal to the date of repayment, and
(3) in no case shall more than five years of City
service be credited any member for all such armed
service rendered by him. In any case of doubt as to
the period to be so credited any member, the Board
of Trustees shall have final power to determine such
period. During the period of such armed service and
until his return to the employ of the City his
contributions to the retirement system shall be
suspended and his balance in the members deposit
fund shall be credited with regular interest.
Sec. 18-15 Voluntary Retirement. Any member who
either (1) has thirty or more years of credited
service, or (2) has attained age fifty-five years
and has twenty-five or more years of credited
service, or (3) has attained age sixty years and has
five or more years of credited service, may retire
upon his written application filed with the Board of
Trustees setting forth at what time, not less than
thirty days nor more than ninety days subsequent to
the execution and filing thereof, he desires to be
retired.Upon his retirement he shall be entitled to
a pension provided in Section 18-21.
(Amended 8-3-76)
Sec. 18-16 Compulsory Termination of City
Employment. A member, except an elected officer of
the City, shall be separated from City employment
the first day of the calendar month next following
the month in which he attains age seventy years. If,
upon his separation from City employment, he has
five or more years of credited service he shall be
entitled to a pension provided in Section 18-21.
Sec. 18-17 Deferred Retirement. If a member who
has five or more years of credited service leaves
the employ of the City, for any reason except his
retirement or death, and does not withdraw his
accumulated contributions, he shall be entitled to a
vested interest in the pension system and thereby to
a pension computed according to Section 18-18 as the
section was in effect December 31, 1967 or the date
his City employment last terminated, whichever is
later. His pension shall begin the first day of the
calendar month next following the month in which he
files his application for same with the Board of
Trustees on or after his attainment of age sixty
years. Until his pension is to begin his balance in
the members deposit fund shall be credited with
regular interest. (Amended 8-3-76)
Sec. 18-18 Age and Service Pension.
(a) Upon a member's retirement, as provided in
this chapter, he shall receive a straight life
pension equal to 2.0 percent of his final average
salary multiplied by the number of years, and
fraction of a year, of his credited service. Prior
to his retirement he may elect to receive his
pension under an option provided in Section 18-20 in
lieu of a straight life pension.
(b) If a member's credited service includes
service rendered prior to January 1, 1968 his
straight life pension, provided in subsection (a) of
this section, shall not be less than the sum of (1)
a pension which is the actuarial equivalent of his
accumulated contributions standing to his credit in
the members deposit fund at the time of his
retirement, and (2) a basic pension of one hundred
twenty dollars per annum, and (3) a membership
service pension of 1/120 of his final average salary
multiplied by the number of years, and fraction of a
year, of his credited service rendered after
December 31, 1942, and (4) a prior service pension
of 2/135 of his final average salary multiplied by
the number of years, and fraction of a year, of his
credited service rendered prior to January 1, 1943,
provided that his prior service pension shall not
exceed one thousand eight hundred dollars per annum.
(Amended 8-6-74)
Sec. 18-19 Terminal Payment. If a retirant dies
before he has received in straight life pension
payments an aggregate amount equal to his
accumulated contributions standing to his credit in
the members deposit fund at the time of his
retirement, the difference between his said
accumulated contributions and the said aggregate
amount of straight life pension payments received by
him shall be paid to such person or persons as he
shall have nominated by written designation duly
executed and filed with the Boardof Trustees. If
there be no such designated person surviving the
retirant such difference, if any, shall be paid to
his estate. No benefits shall be paid under this
section on account of the death of a retirant if he
had elected option A, B or C provided in Section
18-20.
Sec. 18-20 Pension Options. Prior to the
effective date of his retirement, but not
thereafter, a member may elect to receive his
pension as a straight life pension payable
throughout his life; or he may elect to receive the
actuarial equivalent, computed as of the effective
date of his retirement, of his straight life pension
in a reduced pension payable throughout his life,
and nominate a beneficiary, in accordance with the
provisions of option A, B or C set forth below:
Option A - Life pension - 120 months certain:
Under option A a retirant shall receive his reduced
pension so long as he lives. If he dies before he
has received 120 monthly pension payments the
pension payments for the remainder of the 120 months
shall be continued and paid to such person, or in
equal shares to such persons, as he shall have
nominated by written designation duly executed and
filed with the Board of Trustees. If there be no
such designated person surviving to receive such
pension payments the payments for the remainder of
the 120 months shall be continued and paid to the
estate of the survivor of the retirant and his last
surviving beneficiary.
Option B - Joint and survivor pension: Under
option B a retirant shall receive a reduced pension
payable so long as he lives. Upon his death his
reduced pension shall be continued and paid to such
person, having an insurable interest in his life, as
he shall have nominated by written designation duly
executed and filed with the Board of Trustees prior
to the effective date of his retirement.
Option C - Modified joint and survivor pension:
Under option C a retirant shall receive a reduced
pension payable so long as he lives. Upon his death
one-half of his reduced pension shall be continued
and paid to such person, having an insurable
interest in his life, as he shall have nominated by
written designation duly executed and filed with the
Board of Trustees prior to the effective date of his
retirement.
Sec. 18-21 Nonduty Death; Elective Option. Any
member who continues in City employment on or after
the date he acquires ten years of credited service
may at any time prior to the date of his retirement,
by written declaration duly executed and filed with
the Board of Trustees, elect option B provided in
Section 18-20 and nominate a beneficiary whom the
Board finds to be dependent upon him for at least
fifty percent of his financial support. Prior to the
date of his retirement a member may revoke his said
election of option B and nomination of beneficiary
and he may again, prior to his retirement, elect the
said option B and nominate a beneficiary as provided
in this section. Upon the death of a member who has
an option B election in force his designated
beneficiary, if living, shall immediately receive a
pension which is the option B actuarial equivalent
of a pension computed according to Section 18-18 in
the same manner in all respects as if the member had
retired the day preceding the date of his death,
notwithstanding that he might not have attained his
voluntary retirement age. If a member has an option
B election in force at the time of his retirement,
his said election of option B and nomination of
beneficiary shall thereafter continue in force
unless prior to the date of his retirement he elects
to take his pension as a straight life pension or
under option A or C provided in Section 18-20. No
pension shall be paid under this section on account
of the death of a member if any benefits are paid or
payableunder Section 18-29 on account of his death.
Any pension payable under this section shall be
subject to Section 18-31.
Sec. 18-22 Nonduty Death; Automatic Option. If a
member continues in City employment on or after the
date he acquires ten years of credited service, and
does not have an option B election provided in
Section 18-21 in force, and (1) dies prior to the
date of his retirement, and (2) leaves a window, or
in the case of a female member leaves a widower whom
the Board of Trustees finds to be totally and
permanently disabled and to have been dependent upon
the female member for at least fifty percent of his
financial support, the window or widower shall
immediately receive a pension computed according to
Section 18-18 in the same manner in all respects as
if the member had (1) retired the day preceding the
date of his death, notwithstanding that he might not
have attained his voluntary retirement age, (2)
elected option B provided in Section 18-20, and (3)
nominated his said widow or widower as beneficiary.
No pension shall be paid under this section on
account of the death if a member of any benefits are
paid or payable under Section 18-29 on account of
his death. Any pension payable under this section
shall be subject to Section 18-31.
Sec. 18-23 Duty Disability Incurred. Upon the
application of a member, or his department head,
filed with the Board of Trustees, a member who
becomes totally and permanently incapacitated for
duty in the employ of the City, by reason of a
personal injury or disease which the Board finds to
have occurred solely and exclusively as the natural
and proximate result of causes arising out of and in
the course of his City employment, may be retired by
the Board; provided, that after a medical
examination of the member, made by or under the
direction of the Medical Director, the Medical
Director certifies to the Board (1) that the said
member is mentally or physically totally and
permanently incapacitated for duty in the employ of
the City, and (2) that such incapacity will probably
be permanent and provided further, that the report
of the Medical Director is concurred in by the
Board.
Sec. 18-24 Duty Disability; Retirement After
Voluntary Retirement Age. Upon a member's retirement
after his voluntary retirement age, on account of
disability as provided in Section 18-23, he shall
receive a pension provided in Section 18-18, subject
to Sections 18-30 and 18-31. Prior to his retirement
he may elect to receive his pension under an option
provided in Section 18-20 in lieu of a straight life
pension.
Sec. 18-25 Duty Disability; Retirement Before
Voluntary Retirement.
(a) Upon a member's retirement before his
voluntary retirement age, on account of disability
as provided in Section 18-23, he shall receive a
duty disability pension, payable to his attainment
of his voluntary retirement age, of 2/3 of his final
average salary. His said pension (1) shall be
subject to Sections 18-28 and 18-31, and (2) shall
not exceed two thousand four hundred dollars per
annum.
(b) Upon attaining his voluntary retirement age,
a disability retirant shall receive a pension
computed according to Section 18-18, and he may
elect to receive his pension under an option
provided in Section 18-20 in lieu of a straight life
pension. In computing his pension he shall be given
service credit for the period he was receiving a
duty disability pension provided in subsection (a)
of this section. His said pension shall be subject
to Section 18-31.
(c) During the period a disability retirant is
receiving a pension provided in subsection (a) of
this section his balance in the members deposit fund
at the time of his retirement shall remain therein
and shall be accumulated at regular interest. Upon
attaining his voluntary retirement age his said
balance in the members deposit fund shall be
transferred to the retirement reserve fund. In the
event he dies before attaining his voluntary
retirement age, his accumulated contributions
standing to his credit inthe members deposit fund
shall be paid in accordance with Section 18-32.
Sec. 18-26 Nonduty Disability Incurred. Upon the
application of a member, or his department head,
filed with the Board of Trustees, a member who has
ten or more years of credited service and who
becomes totally and permanently incapacitated for
duty in the employ of the City as the result of
causes occurring otherwise than in the actual
performance of his duty as an officer or employee of
the City, may be retired by the Board; provided,
that the Medical Director, after a medical
examination of the member, certifies to the Board
that the member is mentally or physically totally
incapacitated for duty in the employ of the City,
that such incapacity will probably be permanent, and
that the member should be retired.
Sec. 18-27 Nonduty Disability Pension. Upon a
member's retirement on account of disability, as
provided in Section 18-26, he shall receive a
pension provided in Section 18-18, subject to
Sections 18-28 and 18-31. Prior to his retirement he
may elect to receive his pension under an option
provided in Section 18-20 in lieu of a straight life
pension.
Sec. 18-28 Disability Retirants; Re-Examination;
Pension Adjustment.
(a) Once each year during the first five years
following the retirement of a member on account of
disability, as provided in Sections 18-23 and 18-26,
and at least once in each three year period
thereafter, the Board of Trustees may require the
disability retirant, if he has not attained his
voluntary retirement age, to undergo a medical
examination to be made by or under the direction of
the Medical Director. Should the disability retirant
refuse to submit to such medical examination in any
such period hispension may be suspended by the Board
until his withdrawal of such refusal. Should such
refusal continue for one year his pension may be
terminated by the Board. If upon such medical
examination of a disability retirant the Medical
Director reports to the Board that the retirant is
mentally and physically able and capable of resuming
employment with the City, he shall be returned to
City employment and his pension shall terminate;
provided, that the report of the Medical Director is
concurred in by the Board. In returning the retirant
to City employment the City shall be allowed
reasonable latitude in placing him in a position
commensurate with the position held by him at the
time of his retirement.
(b) A disability retirant who is returned to City
employment, as provided in subsection (a) of this
section, shall again become a member of the
retirement system. His credited service in force at
the time of his retirement shall be restored to his
credit. He shall be given service credit for the
period he was receiving a pension provided in
Section 18-25. He shall not be given service credit
for the period he was receiving a pension provided
in Section 18-27.
(c) If a disability retirant, who has not
attained his voluntary retirement age, is or becomes
engaged in a gainful occupation, business, or
employment, his disability pension while he is so
engaged shall not exceed the difference between his
final salary and the amount earned by him in such
gainful occupation, business, or employment.
Sec. 18-29 Duty Death.
(a) In the event (1) a member dies as the sole
and exclusive result of a personal injury or disease
arising out of and in the course of his employment
by the City, or (2) a disability retirant who
retired under Section 18-23 dies within a period of
three years from and after his retirement, but prior
to his attainment of age sixty years, as the result
of the same injury or disease for which he was
retired, and in either case (1) or (2) such death,
injury or disease resulting in death, be found by
the Boardof Trustees to have been the result of his
actual performance of duty in the employ of the
City, the applicable benefits provided in this
subsection shall be paid:
(1) The accumulated contributions standing to the
deceased person's credit in the members deposit fund
at the time of his death shall be paid in accordance
with the provisions of Section 18-32.
(2) A pension of one-third of the deceased
person's final salary shall be paid to his widow
until her remarriage or death, whichever occurs
first. Any pension payable under this paragraph
shall be subject to subsection (b) of this section
and to Section 18-31.
(3) If, in addition to a widow, an unmarried
child or children under age eighteen years also
survive the deceased person, each such child shall
receive a pension of an equal share of one-fourth of
the deceased person's final salary. Upon a child's
adoption, marriage, death, or attainment of age
eighteen years, whichever occurs first, his pension
shall terminate and there shall be a redistribution
of the shares of one-fourth of the deceased person's
final salary to his remaining eligible children, if
any, under age eighteen years. Any pension payable
under this paragraph shall be subject to subsection
(b) of this section and to Section 18-31.
(4) If the deceased person does not leave a
widow, or if his widow dies or remarries, and there
be surviving the deceased person's unmarried child
or children under age eighteen years, each such
child shall receive a pension of one-fourth of the
deceased person's final salary; provided, that if
more than two such children survive each such child
shall receive a pension of an equal share of
one-half of the deceased person's final salary. Upon
a child's adoption, marriage, death, or attainment
of age eighteenyears, whichever occurs first, his
pension shall terminate and there shall be a
redistribution of the shares of one-half of the
deceased person's final salary to his remaining
eligible children under age eighteen years; provided
further, that no such child's pension shall exceed
one-fourth of the deceased person's final salary.
Any pension payable under this paragraph shall be
subject to subsection (b) of this section and to
Section 18-31.
(5) If there be neither a widow nor children
eligible to receive pensions provided in paragraphs
(2), (3) or (4) of this subsection surviving the
deceased person, and he leaves either or both a
mother and father whom the Board of Trustees finds,
after investigation, to have been actually dependent
upon the deceased person for financial support, each
such dependent parent shall receive a pension of
one-sixth of the deceased person's final salary;
provided, that the pension payable to either parent
shall notexceed seven hundred twenty dollars per
annum. Any pension payable under this paragraph
shall be subject to Section 18-31.
(b) The total of the pensions provided in
subsection (a) of this section payable on account of
the death of a member or disability retirant shall
not exceed two thousand one hundred dollars per
annum. As used in this section the term "widow"
means the person to whom the deceased person was
married at the time his employment with the City
last terminated.
Sec. 18-30 Pension Increases. Each retirant and
beneficiary who was receiving a retirement allowance
December 31, 1967 shall, beginning July 1, 1968,
have his retirement allowance increased by an amount
equal to two percent of his retirement allowance
payable as of December 31, 1967 multiplied by the
number of complete years, nor to exceed ten years,
he was in receipt of a retirement allowance prior to
January 1, 1968. The increases provided herein shall
be made notwithstanding that the increased
retirementallowance or pension might exceed the
maximum limit provided for such benefit. In no case
shall any such increase be paid retroactive from
July 1, 1968.
Sec. 18-31 Workmen's Compensation Offset. During
the workmen's compensation period of a member,
retirant, or beneficiary, his pension payable during
such period shall be reduced by the amount of his
weekly workmen's compensation award converted to an
annual basis.
Sec. 18-32 Return of Accumulated Contributions.
(a) If a member leaves the employ of the City
before he has attained his voluntary retirement age,
except on account of his retirement or death, he
shall be paid his accumulated contributions standing
to his credit in the members deposit fund upon his
request in writing filed with the Board of Trustees.
Payment of his accumulated contributions shall be
subject to subsection (d) of this section.
(b) If a member dies and no pension becomes or
will become payable by the retirement system, except
as provided in Section 18-29, his accumulated
contributions standing to his credit in the members
deposit fund at the time of his death shall be paid
to such person or persons as he shall have nominated
by written designation duly executed and filed with
the Board of Trustees. If no such designated person
survives the member his said accumulated
contributions shall be paid to his estate. Payment
of his accumulated contributions shall be subject to
subsection (d) of this section.
(c) Upon filing application for retirement,
however, prior to the effective date of his or her
retirement, but not thereafter, a member may elect
to withdraw his or her contributed portion of the
members deposit fund (member's annuity), including
all accrued interest, in one lump sum payment and
thereupon will be entitled to a pension in
accordance with Section 18-20. Such pension will be
actuarily computed without the member's contribution
and will thereby result in a lesser pension plan
than the member would have received if he had not
withdrawn his annuity.
(d) The return of a member's accumulated
contributions, as provided in this section, shall be
made in accordance with such rules and regulations
as the Board of Trustees shall from time to time
adopt. (Amended 8-3-76)
Sec. 18-33 Funds of Retirement System. The funds
of the retirement system shall be the members
deposit fund (formerly called annuity savings fund),
pension reserve fund, retirement reserve fund,
income fund, and expense fund. The Board of Trustees
may from time to time establish such other funds as
are necessary in the proper operation of the system.
Sec. 18-34 Members Deposit Fund.
(a) The members deposit fund shall be the fund in
which shall be accumulated, at regular interest, the
contributions deducted from the compensations of
members, and from which shall be made refunds and
transfers of accumulated contributions, as provided
in this chapter.
(b) The contributions of a member to the
retirement system shall be five percent of
compensation.
(c) The officer or officers responsible for
making the payroll shall cause the contributions
provided in subsection (b) of this section to be
deducted from the compensation of each member on
each and every payroll, for each and every payroll
period, so long as he remains a member in the employ
of the City. The said contributions when deducted
from the compensation of a member shall be credited
to his individual account in the members deposit
fund. Every member shall be deemed to consent and
agree to the deductions made and provided for
herein. Payment of his salary less said deduction
shall be a full and complete discharge and
acquittance of all claims and demands whatsoever for
the services rendered by him during the period
covered by such payment, except as to benefits
provided by the retirement system. The members'
contributions provided for herein shall be made
notwithstanding that the minimum compensation
provided by law for any member shall be thereby
changed.
(d) In addition to the contributions deducted
from the compensation of a member, as hereinbefore
provided, he shall deposit in the members deposit
fund, by a single payment or by an increased rate of
contribution as approved by the Board of Trustees,
the amount, if any, he withdrew from the members
deposit fund, together with regular interest from
the date of withdrawal to the date of repayment. In
no case shall any member be given credit for service
rendered prior to the date he withdrew his
accumulated contributions until he returns to the
members deposit fund all amounts due the fund by
him.
(e) Upon the retirement of a member his
accumulated contributions shall be transferred from
the members deposit fund to the retirement reserve
fund. At the expiration of a period of four years
after the date an employee ceases to be a member any
balance standing to his credit in the members
deposit fund, unclaimed by the member or his legal
representative, shall be transferred to the income
fund; provided, that he does not have entitlement to
a pension payable by the retirement system.
Sec. 18-35 Pension Reserve Fund.
(a) The pension reserve fund shall be the fund in
which shall be accumulated reserves resulting from
contributions provided by the City, and from which
shall be made transfers as provided in this section.
Upon the basis of such mortality and other tables of
experience, and regular interest, as the Board of
Trustees shall from time to time adopt, the actuary
shall annually compute the pension reserves for (1)
pensions being paid retirants and beneficiaries, and
(2) pensions to be paid on account of service
rendered and to be rendered by members. The City's
annual contributions required to finance the said
pension reserves shall be appropriated by the
Council. The said contributions shall be determined
according to paragraphs (1), (2) and (3) of this
subsection:
(1) The City's appropriations for members'
current service shall be a percent of their annual
compensations which will produce an amount which if
paid annually by the City during their future
service will be sufficient to accumulate the pension
reserves at the time of their retirements for the
City-financed portions of the pensions to be paid
them based upon their future service.
(2) The City's appropriations for members'
accrued service shall be a percent of their annual
compensations which will produce an amount which if
paid annually by the City over a period of years, to
be determined by the Council, will amortize at
regular interest the unfunded pension reserves, if
any, for the accrued service portions of the
pensions to be paid members.
(3) The City's appropriations for pensions being
paid retirants and beneficiaries shall be a percent
of the annual compensations of members which will
produce an amount which if paid annually by the City
over a period of years, to be determined by the
Council, will amortize at regular interest any
unfunded pension reserves for pensions being paid
retirants and beneficiaries.
(b) Upon the retirement of a member the
difference between his pension reserve and his
accumulated contributions shall be transferred from
the pension reserve fund to the retirement reserve
fund. If a pension provided in Section 18-29 becomes
payable, the pension reserves for such pension shall
be transferred from the pension reserve fund to the
retirement reserve fund. If at the end of any fiscal
year the balance in the retirement reserve fund is
less than the fund's actuarially computed
liabilities, the amount of the deficiency may be
transferred from the pension reserve fund to the
retirement reserve fund.
Sec. 18-36 Retirement Reserve Fund. The
retirement reserve fund shall be the fund from which
shall be paid all pensions and annuities payable as
provided in this chapter. Should a disability
retirant return to the employ of the City, his
pension reserve computed as of the date of his
return shall be transferred from the retirement
reserve fund to the members deposit fund and the
pension reserve fund in the same proportion as the
pension reserve was originally transferred to the
retirement reserve fund. Thebalance in the annuity
reserve fund shall be transferred to the retirement
reserve fund and all annuities shall thereafter be
paid from the retirement reserve fund.
Sec. 18-37 Income Fund. The income fund shall be
the fund to which shall be credited all interest,
dividends, and other income from investments of the
retirement system, all gifts and bequests received
by the system, all unclaimed accumulated
contributions as provided in this chapter, and all
other moneys received by the system the disposition
of which is not specifically provided in this
chapter. There shall be paid or transferred from the
income fund all amounts required to credit regular
interest to themembers deposit fund, pension reserve
fund and the retirement reserve fund, as provided in
this chapter. Whenever the Board of Trustees
determines that the balance in the income fund is
more than sufficient to cover current charges to the
fund, such excess amount, or any part thereof, may
be used to provide contingency reserves or to meet
the special requirements of the other funds of the
system, except the expense fund. Whenever the
balance in the income fund is insufficient to meet
the charges to the fundthe amount of such
insufficiency shall be transferred from the pension
reserve fund to the income fund.
Sec. 18-38 Expense Fund. The expense fund shall
be the fund to which shall be credited all money
provided by the City to pay the administrative
expenses of the retirement system, and from which
shall be paid all administrative expenses of the
system.
Sec. 18-39 Investment of Assets.
(a) The Board of Trustees shall be the trustees
of the assets of the retirement system. It shall
have full power to invest and reinvest the moneys
and other assets of the system in accordance with
the provisions of Act No. 314 of the Public Acts of
1965, as amended, or as it may be amended or
superseded. The Board shall have full power to hold,
purchase, sell, assign, transfer and dispose of any
securities and investments in which any of the
moneys of the system have been invested as well as
the proceeds ofsuch investments and any moneys
belonging to the system.
(b) There shall be kept on deposit available cash
not to exceed five percent of the total assets of
the retirement system. All assets of the system
shall be held for the sole purpose of meeting
disbursements authorized by this chapter and shall
be used for no other purpose.
(c) The description of the various funds of the
retirement system shall be interpreted to refer to
the accounting records of the system and not to the
actual segregation of assets in the funds of the
system.
Sec. 18-40 Allowance of Regular Interest. The
Board of Trustees shall, at the end of each fiscal
year, allow and credit regular interest computed on
the members' individual balances in the members
deposit fund at the beginning of the fiscal year;
and on the mean assets in the pension reserve fund
and retirement reserve fund. The amounts of interest
so allowed and credited shall be charged to the
income fund.
Sec. 18-41 Method of Making Payments. All
payments from funds of the retirement system shall
be made by the City Treasurer according to Charter
provisions governing payments from the City's
General Fund. No such payment shall be made unless
it has been previously authorized by a specific or
continuing resolution adopted by the Board of
Trustees.
Sec. 18-42 Assignments Prohibited.
(a) The right of a person to a pension, to the
return of accumulated contributions, the pension
itself, any optional benefit, any other right
accrued or accruing to any person under this chapter
shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or
insolvency law, or any other process of law
whatsoever, and shall be unassignable except as is
specifically provided in this chapter.
(b) If a member is covered by a group insurance
or prepayment plan participated in by the City, and
should he be permitted to, and elect to, continue
such coverage as a retirant, he may authorize the
Board of Trustees to have deducted from his pension
the payments required of him to continue coverage
under such group insurance or prepayment plan. The
City shall have the right of setoff for any claim
arising from embezzlement by or fraud of a member,
retirant or beneficiary.
Sec. 18-43 Former Retirement Allowances
Continued. All annuities and pensions being paid by
the retirement system as of the date of adoption of
this Charter shall continue to be paid in accordance
with the provisions of Chapter 23 of the City
Charter in effect the day preceding the adoption of
this Charter, subject to Section 18-30 of this
Charter. The said annuities and pensions shall
continue to be obligations of the retirement system.
Sec. 18-44 Errors, Correction. Should any change
or error in the records result in any person
receiving from the retirement system more or less
than he would have been entitled to receive had the
records been correct, the Board of Trustees shall
correct such error and as far as practicable shall
adjust the payment of the benefit in such manner
that the actuarial equivalent of the benefit to
which the person was correctly entitled shall be
paid.
CHAPTER 19
HIGHLAND PARK POLICEMEN AND FIREMEN RETIREMENT
SYSTEM
Sec. 19-1 Retirement System Continued. The City
of Highland Park policemen and firemen retirement
system, established with effective date July 1,
1945, is hereby continued subject to the provisions
of this chapter.
Sec. 19-2 Definitions. The following words and
phrases as used in this chapter, unless a different
meaning is clearly required by the context, shall
have the following meanings:
(1) "City" means the City of Highland Park,
Michigan and shall include its predecessor the
Village of Highland Park.
(2) "Retirement system" or "system" means the
City of Highland Park policemen and firemen
retirement system continued in this chapter.
(3) "Board of Trustees" or "Board" means the
Board of Trustees of the City of Highland Park
policemen and firemen retirement system.
(4) "Policeman" means any person in the employ of
the Police Department of the City who holds the rank
of patrolman, including probationary patrolman, or
higher rank, but it shall not include (1) any person
who is privately employed as a policeman, nor (2)
any person who is temporarily employed as a
policeman for an emergency, nor (3) school crossing
officers, nor (4) any civilian employee in the
Police Department.
(5) "Fireman" means any person in the employ of
the Fire Department of the City who holds the rank
of pipeman, including probationary pipeman, or
higher rank, but it shall not include (1) any person
who is privately employed as a fireman, nor (2) any
person who is temporarily employed as a fireman for
an emergency, nor (3) any civilian employee in the
Fire Department.
(6) "Member" means any person who is included in
the membership of the retirement system.
(7) "Retirant" means any member who retires with
a pension payable by the retirement system.
(8) "Beneficiary" means any person, except a
retirant, who is in receipt of, or who is designated
to receive, a pension or other benefit payable by
the retirement system.
(9) "Service" means personal service rendered to
the City by a policeman or fireman in the employ of
the Police or Fire Department of the City.
(10) "Credited service" means the number of years
and months of service standing to a member's credit.
(11) "Retirement" means a member's withdrawal
from the employ of the City with a pension payable
by the retirement system.
(12) "Compensation" means the salary paid a
member by the City for service rendered by him as a
policeman or fireman; provided, that the term
"compensation" shall not include any portion of
salary in excess of the salary for the higher of (1)
the third rank above the rank of patrolman, or (2)
the third rank above the rank of pipeman, nor shall
it include remuneration for overtime, clothing and
equipment, and travel expense. If there be more than
one classification within a rank, the highest
classification within the rank shall be used for the
purpose of the definition of "compensation."
(13) "Final average salary" means the average of
the compensations, as fixed in the City budget for
the fiscal year in which employment by the City as a
policeman or fireman last terminates, of the ranks
held by the member during the five years of credited
service immediately preceding his retirement;
provided, that a member's "final average salary"
shall not exceed the compensation for the third rank
above the rank of patrolman or the third rank above
the rank of pipeman, whichever is higher, as fixed
in the City budget for the fiscal year in which the
member's employment by the City as a policeman or
fireman last terminates. If there be more than one
classification within a rank, the highest
classification within the rank shall be used for the
purpose of this definition. If a member has less
than five years of credited service, the period used
in determining his final average salary shall be his
total period of credited service.
(14) "Final salary" means the annual salary for
the highest classification within the rank of
patrolman or pipeman, whichever is higher, as fixed
in the City budget for the fiscal year in which a
member's employment with the City as a policeman or
fireman last terminates.
(15) "Pension" means an annual amount payable by
the retirement system, in equal monthly
installments, throughout the future life of a
person, or for a temporary period, as provided in
this chapter.
(16) "Pension reserve" means the present value of
all payments to be made on account of any pension
payable by the retirement system; and shall be
computed upon the basis of such mortality and other
experience tables, and regular interest, as the
Board of Trustees shall from time to time adopt.
(17) "Regular interest" means such rate or rates
of interest per annum, compounded annually, as the
Board of Trustees shall from time to time adopt.
(18) "Accumulated contributions" means the sum of
all amounts deducted from the compensation of a
member and credited to his individual account in the
members deposit fund, together with regular interest
thereon.
(19) "Workmen's compensation period" means the
period a person is in receipt of workmen's
compensation on account of a member's disability or
death arising out of and in the course of his
employment by the City. If he is paid a single sum
in lieu of future workmen's compensation his
"workmen's compensation period" shall be the period,
if any, he was in receipt of weekly workmen's
compensation plus the period arrived at by dividing
the said single sum paid him by his weekly workmen's
compensation award.
(20) "Voluntary retirement age" means:
(a) For a member whose credited service includes
service rendered prior to July 1, 1945 - (1) the age
at which he acquires or would acquire twenty years
of credited service, or (2) age fifty-five years,
whichever occurs first.
(b) For a member whose credited service does not
include service rendered prior to July 1, 1945 - (1)
the age at which he acquires or would acquire
twenty-five years of credited service, or (2) age
fifty-five years, whichever occurs first.
(21) The masculine gender shall include the
feminine gender, and words of the singular number
with respect to persons shall include the plural
number, and vice versa.
Sec. 19-3 Board of Trustees.
(a) The authority and responsibility to
administer, manage and operate the retirement
system, and to construe and make effective the
provisions of this chapter, shall be vested in a
Board of Trustees. The Board shall consist of nine
trustees as follows:
(1) The Mayor, ex-officio.
(2) A member of the Council, to be selected by
the Council, to serve at the pleasure of the
Council.
(3) The Finance Director, ex-officio.
(4) The City Treasurer, ex-officio.
(5) A citizen trustee, who shall be a citizen who
is not a member, retirant or beneficiary of the
retirement system, to be appointed by the Mayor by
and with the consent of the Council.
(6) Two firemen trustees who shall be firemen
members of the retirement system to be elected by
the firemen members.
(7) Two policemen trustees who shall be policemen
members of the retirement system to be elected by
the policemen members.
(b) The elections of the firemen trustees and the
policemen trustees shall be held under such rules as
the Board of Trustees shall from time to time adopt.
Sec. 19-4 Trustee Term of Office; Oath of Office.
(a) The regular term of office for the citizen
trustee, firemen trustees, and policemen trustees
shall be five years, one such term to expire
annually.
(b) Each trustee shall, within ten days after his
appointment or election, take an oath of office to
be administered by the City Clerk.
Sec. 19-5 Vacancy on Board; How Filled.
(a) In the event a trustee leaves City
employment; or if any trustee, except an ex-officio
trustee, fails to attend three consecutive regular
scheduled meetings of the Board of Trustees, unless
in each case excused for cause by the trustees
attending such meeting, he shall be considered to
have resigned from the Board and the Board shall, by
resolution, declare his office of trustee vacated as
of the date of adoption of such resolution.
(b) If a vacancy occurs in the office of trustee
it shall be filled, within sixty days from and after
the date of the vacancy, for the unexpired portion
of the term, in the same manner as the office was
previously filled.
Sec. 19-6 Board Meetings; Vote; Quorum. Each
trustee shall be entitled to one vote on each
question before the Board of Trustees. Five trustees
shall constitute a quorum at any meeting of the
Board and at least five concurring votes shall be
necessary for a decision by the Board.
Sec. 19-7 Board Chairman; Meetings; Board
Compensation.
(a) The Board of Trustees shall elect from its
own number a Chairman and a Vice-Chairman. The Board
shall hold meetings regularly, at least quarterly,
and shall designate the time and place thereof. The
Board shall adopt its own rules of procedure and
shall keep a record of its proceedings. All meetings
of the Board shall be public.
(b) The trustees shall serve without additional
compensation for their services as trustees;
provided, that each trustee shall be reimbursed,
upon approval by the Council, for any reasonable and
necessary expense incurred by him in the performance
of the duties of trustee.
Sec. 19-8 Retirement System Officers.
(a) The officers of the retirement system shall
be as follows:
(1) The Finance Director shall be the
administrative officer of the retirement system; and
he shall serve as Secretary to the Board of
Trustees.
(2) The City Attorney shall be legal advisor to
the Board of Trustees.
(3) The City Treasurer shall be the treasurer of
the retirement system, and he shall be the custodian
of its assets.
(4) The Board of Trustees shall appoint an
Actuary, who is a member of the American Academy of
Actuaries, to serve as technical advisor to the
Board. He shall perform such other duties as are
required of him under this chapter.
(5) The Board of Trustees shall appoint as
Medical Director a physician who is not employed in
any other position in the City or County
governments. He shall be directly responsible to and
shall serve at the pleasure of the Board. He shall
arrange for and pass upon all medical examinations
required under this chapter; he shall investigate
all essential statements and certificates of a
medical nature furnished by or on behalf of a
member, retirant or beneficiary in connection with a
claim for disability retirement or duty death
benefits; and he shall report in writing to the
Board his conclusions on medical matters referred to
him by the Board.
(b) The Board of Trustees may employ such
professional and other services as are required for
the proper operation of the retirement system. The
compensation for such services shall be subject to
the approval of the Council.
Sec. 19-9 Records; Annual Report.
(a) The Secretary shall keep, or cause to be
kept, such data as shall be necessary for an
actuarial valuation of the assets and liabilities of
the retirement system.
(b) The Board of Trustees shall annually render a
report to the Mayor and Council showing the fiscal
transactions of the retirement system for the year
ended the preceding June 30; and the last balance
sheet of the system showing its financial condition
by means of an actuarial valuation of its assets and
liabilities. The Board shall furnish such other
reports as the Mayor or Council shall from time to
time request.
Sec. 19-10 Adoption of Experience Tables; Regular
Interest. The Board of Trustees shall from time to
time adopt such mortality and other tables of
experience, and a rate or rates of interest, as are
necessary in the operation of the retirement system
on an actuarial basis.
Sec. 19-11 Membership of Retirement System.
(a) The membership of the retirement system shall
include all policemen and firemen who are in the
employ of the City, and all persons who become
employed by the City as policemen and firemen.
(b) In any case of doubt as to who is a member of
the retirement system the Board of Trustees shall
decide the question.
Sec. 19-12 Termination of Membership. Except as
otherwise provided in this chapter, should any
member no longer be employed by the City as a
policeman or fireman, for any reason except his
retirement or death, he shall thereupon cease to be
a member and his credited service at that time shall
be forfeited by him. In the event he is re-employed
by the City as a policeman or fireman he shall again
become a member. If his said re-employment occurs
within a period of four years from and after the
date he last left City employment, the credited
service last forfeited by him shall be restored to
his credit, provided he returns to the members
deposit fund the amount, if any, he withdrew
therefrom, together with regular interest from the
date of withdrawal to the date of repayment. Upon a
member's retirement or death he shall thereupon
cease to be a member.
Sec. 19-13 Credited Service. The Board of
Trustees shall determine by appropriate rules and
regulations the amount of service to be credited any
member; provided, however, that in no case shall
less than ten days of service rendered by a member
in any calendar month be credited him as a month of
service, nor shall less than eleven months of
service rendered by him in any calendar year be
credited as a year of service, nor shall more than
one year of service be credited any member for all
service rendered byhim in any calendar year. Based
upon such rules and regulations and provisions of
this chapter, the Board shall credit each member
with the years and months of service to which he is
entitled.
Sec. 19-14 Military Service Credit. In the event
a member who, while employed by the City, entered or
enters any armed service of the United States
government, and who has been or shall be on active
duty in such armed service during time of war or
period of compulsory military service, he shall have
such armed service actually required of him credited
him as City service in the same manner as if he had
served the City uninterruptedly: Provided, that (1)
he re-enters the employ of the City within one year
after termination of such armed service actually
required of him, and (2) he pays into the members
deposit fund the amount, if any, he withdrew
therefrom at the time he entered or while in such
armed service, together with regular interest from
the date of withdrawal to the date of repayment, and
(3) in no case shall more than five years of City
service be credited any member for all such armed
service rendered by him. In any case of doubt as to
the period to be so credited any member the Board of
Trustees shall have final power to determine such
period. During the period of such armed service and
until his return to the employ of the City his
contributions to the retirement system shall be
suspended and his balance in the members deposit
fund shall be credited with regular interest.
Sec. 19-15 Voluntary Retirement. Any member who
has attained or attains his voluntary retirement age
may retire upon his written application filed with
the Board of Trustees setting forth at what time,
not less than thirty days nor more than ninety days
subsequent to the execution and filing thereof, he
desires to be retired. Upon his retirement he shall
be entitled to a pension provided in Section 19-18.
Sec. 19-16 Compulsory Retirement. A member shall
be retired the first day of the calendar month next
following the month in which he attains age sixty
years. Upon his retirement he shall be entitled to a
pension provided in Section 19-18.
Sec. 19-17 Deferred Retirement. If a member,
whose credited service is twenty or more years,
leaves the employ of the City as a policeman or
fireman prior to his attainment of his voluntary
retirement age, for any reason except his retirement
or death, he shall be entitled to a pension computed
according to Section 19-18 as the section was in
effect December 31, 1967 or the date his City
employment as a policeman or fireman last
terminated, whichever is later. His pension shall
begin the first day of the calendar month next
following the month in which he files his
application for same with the Board of Trustees on
or after his attainment of age fifty-five years. If
he withdraws his accumulated contributions from the
members deposit fund he shall thereupon forfeit his
right to a deferred pension provided in this
section. Until his pension is to begin his balance
in the members deposit fund shall be accumulated at
regular interest.
Sec. 19-18 Age and Service Pension. Upon his
retirement, as provided in this chapter, a member
shall receive a straight life pension equal to two
percent of his final average salary multiplied by
the number of years, and fraction of a year, of his
credited service not to exceed twenty-five years.
His said pension shall be subject to Sections 19-30
and 19-31. Prior to his retirement he may elect to
receive his pension under an option provided in
Section 19-20 in lieu of a straight life pension.
Sec. 19-19 Terminal Payment. If a retirant dies
before he has received in straight life pension
payments an aggregate a mount equal to his
accumulated contributions standing to his credit in
the members deposit fund at the time of his
retirement, the difference between his said
accumulated contributions and the said aggregate
amount of straight life pension payments received by
him shall be paid to such person or persons as he
shall have nominated by written designation duly
executed and filed with the Board of Trustees. If
there be no such designated person surviving the
retirant such difference, if any, shall be paid to
his estate. No benefits shall be paid under this
section on account of the death of a member if he
had elected option A, B or C provided in Section
19-20.
Sec. 19-20 Pension Options. Prior to the
effective date of retirement, but not thereafter, a
member may elect to receive his pension as a
straight life pension payable throughout his life;
or he may elect to receive the actuarial equivalent,
computed as of the effective date of his retirement,
of his straight life pension in a reduced pension
payable throughout his life, and nominate a
beneficiary, in accordance with the provisions of
option A, B or C set forth below:
Option A - Life pension - 120 months certain:
Under option A a retirant shall receive a reduced
pension payable throughout his life with the
provision that if he dies before he has received 120
monthly pension payments the payments for the
remainder of the period of 120 months shall be
continued and paid to such person, or in equal
shares to such persons, as the retirant shall have
nominated by written designation duly executed and
filed with the Board of Trustees. If there be no
such designated person surviving the retirant such
remaining monthly pension payments shall be
continued and paid to the estate of the survivor of
the retirant and his last surviving beneficiary.
Option B - Joint and survivor pension: Under
option B a retirant shall receive a reduced pension
payable throughout his life with the provision that
upon his death his reduced pension shall be
continued throughout the life of and paid to such
person, having an insurable interest in his life, as
he shall have nominated by written designation duly
executed and filed with the Board of Trustees prior
to the effective date of his retirement.
Option C - Modified joint and survivor pension:
Under option C a retirant shall receive a reduced
retirement allowance payable throughout his life
with the provision that upon his death one-half of
his reduced retirement allowance shall be continued
throughout the life of and paid to such person,
having an insurable interest in his life, as he
shall have nominated by written designation duly
executed and filed with the Board of Trustees prior
to the effective date of his retirement.
Sec. 19-21 Nonduty Death; Elective Option. Any
member who continues in City employment on or after
the date he acquires twenty years of credited
service may, at any time prior to the date of his
retirement, by written declaration duly executed and
filed with the Board of Trustees, elect option B
provided in Section 19-20 and nominate a beneficiary
whom the Board finds to be dependent upon him for at
least fifty percent of his financial support. Prior
to the date of his retirement a member may revoke
his said election of option B and nomination of
beneficiary and he may again, prior to his
retirement, elect the said option B and nominate a
beneficiary as provided in this section. Upon the
death of a member who has an option B election in
force his designated beneficiary, if living, shall
immediately receive a pension which is the option B
actuarial equivalent of a pension computed according
to Section 19-18 in the same manner in all respects
as if the member had retired the day preceding the
date of his death,notwithstanding that he might not
have attained his voluntary retirement age. If a
member has an option B election in force at the time
of his retirement his said election of option B and
nomination of beneficiary shall thereafter continue
in force unless prior to his retirement he elects to
take his pension as a straight life pension or under
option A or C provided in Section 19-20. No pension
shall be paid under this section on account of the
death of a member if any benefits are paid or
payable under Section 19-29 on account of his death.
Any pension payable under this section shall be
subject to Section 19-31.
Sec. 19-22 Nonduty Death; Automatic Option. If a
member continues in City employment on or after the
date he acquires twenty years of credited service,
and does not have an option B election provided in
Section 19-21 in force, and (1) dies prior to the
date of his retirement, and (2) leaves a widow, or
in the case of a female member leaves a widower whom
the Board of Trustees finds to be totally and
permanently disabled and to have been dependent upon
the female member for at least fifty percent of his
financial support, the widow or widower shall
immediately receive a pension computed according to
Section 19-18 in the same manner in all respects as
if the member had (1) retired the day preceding the
date of his death, notwithstanding that he might not
have attained his voluntary retirement age, (2)
elected option B provided in Section 19-20, and (3)
nominated his said widow or widower as beneficiary.
No pension shall be paid under this section on
account of the death of a member if any benefits are
paid or payable under Section 19-29 on account of
his death. Any pension payable under this section
shall be subject to Section 19-31.
Sec. 19-23 Duty Disability Incurred. Upon the
application of a member, or his department head,
filed with the Board of Trustees, a member who
becomes totally incapacitated for duty as a
policeman or fireman by reason of a personal injury
or disease, which the Board finds to have occurred
as the natural and proximate result of causes
arising out of and in the course of his employment
by the City, may be retired by the Board; provided,
that the Medical Director, after a medical
examination of the member, certifies to the Board
that the member is mentally or physically totally
incapacitated for the further performance of duty as
a policeman or fireman, and that the member should
be retired; provided further, that the report of the
Medical Director is concurred in by the Board.
Sec. 19-24 Duty Disability; Retirement After
Voluntary Retirement Age. Upon a member's retirement
after his voluntary retirement age, on account of
disability as provided in Section 19-23, he shall
receive a pension provided in Section 19-18, subject
to Sections 19-30 and 19-31. Prior to his retirement
he may elect to receive his pension under an option
provided in Section 19-20 in lieu of a straight life
pension.
Sec. 19-25 Duty Disability; Retirement Before
Voluntary Retirement Age. Upon a member's retirement
before his voluntary retirement age, on account of
disability as provided in Section 19-23, he shall
receive a pension provided in Section 19-18. His
said pension (1) shall not be less than fifty
percent of his final average salary, and (2) shall
be subject to Sections 19-28, 19-30 and 19-31. Prior
to his retirement he may elect to receive his
pension under an option provided in Section 19-20 in
lieu of a straight life pension.
Sec. 19-26 Nonduty Disability Incurred. Upon the
application of a member, or his department head,
filed with the Board of Trustees, a member with five
or more years of credited service who becomes
totally and permanently incapacitated for duty as a
policeman or fireman, as the result of causes
occurring otherwise than in the actual performance
of his duty as a policeman or fireman in the employ
of the City, may be retired by the Board; provided
that the Medical Director, after a medical
examination of the member, certifies to the Board
that the member is mentally or physically totally
incapacitated for duty as a policeman or fireman,
that such incapacity will probably be permanent, and
that the member should be retired.
Sec. 19-27 Nonduty Disability Pension. Upon a
member's retirement on account of disability, as
provided in Section 19-26, he shall receive a
pension provided in Section 19-18, subject to
Sections 19-28, 19-30 and 19-31. Prior to his
retirement he may elect to receive his pension under
an option provided in Section 19-20 in lieu of a
straight life pension.
Sec. 19-28 Disability Retirants - Re-Examination
- Pension Adjustment.
(a) Once each year during the first five years
following the retirement of a member on account of
disability, as provided in Sections 19-23 and 19-26,
and at least once in each three year period
thereafter, the Board of Trustees may require the
disability retirant, if he has not attained his
voluntary retirement age, to undergo a medical
examination to be made by or under the direction of
the Medical Director. Should the disability retirant
refuse to submit to such medical examination in any
such period, his pension may be suspended by the
Board until his withdrawal of such refusal. Should
such refusal continue for one year his pension may
be terminated by the Board. If upon such medical
examination of a disability retirant the Medical
Director reports to the Board that the retirant is
mentally and physically able and capable of resuming
employment with the City as a policeman or fireman,
he shall be returned to City employment and his
pension shall terminate; provided that the report of
the Medical Directoris concurred in by the Board. In
returning the retirant to City employment the City
shall be allowed reasonable latitude in placing him
in a position commensurate with his rank and
compensation at the time of his retirement.
(b) A disability retirant who is returned to City
employment as a policeman or fireman, as provided in
subsection (a) of this section, shall again become a
member of the retirement system. His credited
service in force at the time of his retirement shall
be restored to his credit. He shall be given service
credit for the period he was receiving a pension
provided in Section 19-25. He shall not be given
service credit for the period he was receiving a
pension provided in Section 19-27.
(c) If a disability retirant, who has not
attained his voluntary retirement age, is or becomes
engaged in a gainful occupation, business, or
employment, his disability pension while he is so
engaged shall not exceed the difference between his
final salary and the amount earned by him in such
gainful occupation, business, or employment.
Sec. 19-29 Duty Death. If a member dies as the
result of a personal injury or disease arising out
of and in the course of his employment by the City,
and his death, injury or disease resulting in death,
be found by the Board of Trustees to have occurred
as the natural and proximate result of his actual
performance of duty in the employ of the City, the
applicable benefits provided in this section shall
be paid:
(a) The member's accumulated contributions
standing to his credit in the members deposit fund
at the time of his death shall be paid in accordance
with Section 19-32.
(b) A pension of one-third of the member's final
salary shall be paid to his widow until her
remarriage or death, whichever occurs first. Any
pension payable under this subsection shall be
subject to Sections 19-30 and 19-31.
(c) If, in addition to a widow, an unmarried
child or children under age eighteen years also
survives the deceased member, each such child shall
receive a pension of one-tenth of the member's final
salary; provided, that the total of the pensions
payable to all such children of the deceased member
shall not exceed forty-one and two-thirds percent of
his final salary. Upon the adoption, marriage,
death, or attainment of age eighteen years,
whichever occurs first, of any such child his
pension shall terminate. Any pension payable under
this subsection shall be subject to Sections 19-30
and 19-31.
(d) If the deceased member does not leave a
widow, or if his widow dies or remarries, and there
be surviving the deceased member's unmarried child
or children under age eighteen years, each such
child shall receive a pension provided in subsection
(c) of this section; provided, that the total of the
pension payable to all such children of the deceased
member shall not exceed sixty-five percent of his
final salary. Upon the adoption, marriage, death, or
attainment of age eighteen years, whichever occurs
first, of any such child his pension shall
terminate. Any pension payable under this subsection
shall be subject to Sections 19-30 and 19-31.
(e) If there be neither a widow nor children
eligible to receive pensions provided in subsection
(b), (c) or (d) of this section surviving the
deceased member, and he leaves either or both a
mother and father whom the Board of Trustee finds,
after investigation, to have been actually dependent
upon him for at least fifty percent of their
financial support through absence of earning power
due to mental or physical disability, each such
parent shall receive a pension of six hundred
dollars per annum. Any pension payable under this
subsection shall be subject to Section 19-31.
Sec. 19-30 Pension Escalation. If the
compensation for the rank held by a member at the
time his employment by the City as a policeman or
fireman last terminates is subsequently increased or
decreased, any pensions payable on account of his
employment by the City shall be correspondingly
increased or decreased.
Sec. 19-31 Workmen's Compensation Offset. During
the workmen's compensation period of a member,
retirant, or beneficiary, his pension payable during
such period shall be reduced by the amount of his
weekly workmen's compensation award converted to an
annual basis.
Sec. 19-32 Return of Accumulated Contributions.
(a) If a member leaves the employ of the City
before he has attained his voluntary retirement age,
except on account of his retirement or death, he
shall be paid his accumulated contributions standing
to his credit in the members deposit fund upon his
request in writing filed with the Board of Trustees.
Payment of his accumulated contributions shall be
subject to subsection (c) of this section.
(b) If a member dies and no pension becomes or
will become payable by the retirement system, except
as provided in Section 19-29, his accumulated
contributions standing to his credit in the members
deposit fund at the time of his death shall be paid
to such person or persons as he shall have nominated
by written designation duly executed and filed with
the Board of Trustees. If no such designated person
survives the member, his said accumulated
contributions shall be paid to his estate. Payment
of his accumulated contributions shall be subject to
subsection (c) of this section.
(c) The return of a member's accumulated
contributions, as provided in this section, shall be
made in accordance with such rules and regulations
as the Board of Trustees shall from time to time
adopt.
Sec. 19-33 Funds of Retirement System. The funds
of the retirement system shall be the members
deposit fund (formerly called pension savings fund),
pension reserve fund, retirement reserve fund,
income fund, and expense fund. The Board of Trustees
may from time to time establish such other funds as
are necessary in the proper operation of the system.
Sec. 19-34 Members Deposit Fund.
(a) The members deposit fund shall be the fund in
which shall be accumulated, at regular interest, the
contributions deducted from the compensations of
members, and from which shall be made refunds and
transfer of accumulated contributions, as provided
in this chapter.
(b) Until July 1, 1968 the contributions of a
member to the retirement system shall be five
percent of the pay of a patrolman or pipeman,
whichever is higher. From and after June 30, 1968
the contributions of a member to the system shall be
seven percent of his compensation.
(c) The officer or officers responsible for
making the payroll shall cause the contributions
provided in subsection (b) of this section to be
deducted from the salary of each member on each and
every payroll, for each and every payroll period, so
long as he remains a member in the employ of the
City. The said contributions when deducted from the
salary of a member shall be credited to his
individual account in the members deposit fund.
Every member shall be deemed to consent and agree to
the deductions madeand provided for herein. Payment
of his salary less said deduction shall be a full
and complete discharge and acquittance of all claims
and demands whatsoever for the services rendered by
him during the period covered by such payment,
except as to benefits provided by the retirement
system. The members' contributions provided for
herein shall be made notwithstanding that the
minimum salary provided by law for any member shall
be changed thereby.
(d) In addition to the contributions deducted
from the salary of a member, as hereinbefore
provided, he shall deposit in the members deposit
fund, by a single payment or by an increased rate of
contributions as approved by the Board of Trustees,
the amount, if any, he withdrew from the members
deposit fund, together with regular interest from
the date of withdrawal to the date of repayment. In
no case shall any member be given credit for service
rendered prior to the date he withdrew his
accumulated contributions until he returns to the
members deposit fund all amounts due the fund by
him.
(e) Upon the retirement of a member his
accumulated contributions shall be transferred from
the members deposit fund to the retirement reserve
fund. At the expiration of a period of four years
after the date an employee ceases to be a member any
balance standing to his credit in the members
deposit fund, unclaimed by the member or his legal
representative, shall be transferred to the income
fund; provided, that he does not have entitlement to
a pension payable by the retirement system.
Sec. 19-35 Pension Reserve Fund.
(a) The pension reserve fund shall be the fund in
which shall be accumulated reserves resulting from
contributions provided by the City, and from which
shall be made transfers as provided in this section.
Upon the basis of such mortality and other tables of
experience, and regular interest, as the Board of
Trustees shall from time to time adopt, the actuary
shall annually compute the pension reserves for (1)
pensions being paid retirants and beneficiaries, and
(2) pensions to be paid on account of service
rendered and to be rendered by members. The City's
annual contributions required to finance the said
reserves shall be appropriated by the Council. The
said contributions shall be determined according to
paragraphs (1), (2) and (3) of this subsection:
(1) The City's appropriations for members'
current service shall be a percent of their annual
compensations which will produce an amount which if
paid annually by the City during their future
service will be sufficient to accumulate the pension
reserves at the time of their retirements for the
City-financed portions of the pensions to be paid
them based upon their future service.
(2) The City's appropriations for members'
accrued service shall be a percent of their annual
compensations which will produce an amount which if
paid annually by the City over a period of years, to
be determined by the Council, will amortize at
regular interest the unfunded pension reserves, if
any, for the accrued service portions of the
pensions to be paid members.
(3) The City's appropriations for pensions being
paid retirants and beneficiaries shall be a percent
of the annual compensations of members which will
produce an amount which if paid annually by the City
over a period of years, to be determined by the
Council, will amortize at regular interest any
unfunded pension reserves for pensions being paid
retirants and beneficiaries.
(b) Upon the retirement of a member the
difference between his pension reserve and his
accumulated contributions shall be transferred from
the pension reserve fund to the retirement reserve
fund. If a pension provided in Section 19-29 becomes
payable, the pension reserve for such pension shall
be transferred from the pension reserve fund to the
retirement reserve fund. If at the end of any fiscal
year, the balance in the retirement reserve fund is
less than the fund's actuarially computed
liabilities, the amount of the deficiency may be
transferred from the pension reserve fund to the
retirement reserve fund.
Sec. 19-36 Retirement Reserve Fund. The
retirement reserve fund shall be the fund from which
shall be paid all pensions payable as provided in
this chapter. Should a disability retirant return to
the employ of the City, his pension reserve computed
as of the date of his return shall be transferred
from the retirement reserve fund to the members
deposit fund and the pension reserve fund in the
same proportion as the pension reserve was
originally transferred from the said funds to the
retirement reserve fund.
Sec. 19-37 Income Fund. The income fund shall be
the fund to which shall be credited all interest,
dividends, and other income from investments of the
retirement system, all gifts and bequests received
by the system, all unclaimed accumulated
contributions as provided in this chapter, and all
other moneys received by the system the disposition
of which is not specifically provided in this
chapter. There shall be paid or transferred from the
income fund all amounts required to credit regular
interest to themembers deposit fund, pension reserve
fund and the retirement reserve fund, as provided in
this chapter. Whenever the Board of Trustees
determines that the balance in the income fund is
more than sufficient to cover current charges to the
fund, such excess amount, or any part thereof, may
be used to provide contingency reserve or to meet
the special requirements of the other funds of the
system, except the expense fund. Whenever the
balance in the income fund is insufficient to meet
the charges to the fundthe amount of such
insufficiency shall be transferred from the pension
reserve fund to the income fund.
Sec. 19-38 Expense Fund. The expense fund shall
be the fund to which shall be credited all money
provided by the City to pay the administrative
expenses of the system.
Sec. 19-39 Investment of Assets.
(a) The Board of Trustees shall be the trustees
of the assets of the retirement system. It shall
have full power to invest and reinvest the moneys
and other assets of the system in accordance with
the provisions of Act No. 314 of the Public Acts of
1965, as amended, or as it may be amended or
superseded. The Board shall have full power to hold,
purchase, sell, assign, transfer and dispose of any
securities and investments in which any of the
moneys of the system have been invested as well as
the proceeds ofsuch investments and any moneys
belonging to the system.
(b) There shall be kept on deposit available cash
not to exceed five percent of the total assets of
the retirement system. All assets of the system
shall be held for the sole purpose of meeting
disbursements authorized by this chapter and shall
be used for no other purpose.
(c) The description of the various funds of the
retirement system shall be interpreted to refer to
the accounting records of the system and not to the
actual segregation of assets in the funds of the
system.
Sec. 19-40 Allowance of Regular Interest. The
Board of Trustees shall, at the end of each fiscal
year, allow and credit regular interest computed on
the members' individual balances in the members
deposit fund at the beginning of the fiscal year;
and on the mean assets in the pension reserve fund
and retirement reserve fund. The amounts of interest
so allowed and credited shall be charged to the
income fund.
Sec. 19-41 Method of Making Payments. All
payments from funds of the retirement system shall
be made by the City Treasurer according to Charter
provisions governing payments from the City's
General Fund. No such payment shall be made unless
it has been previously authorized by a specific or
continuing resolution adopted by the Board of
Trustees.
Sec. 19-42 Assignments Prohibited.
(a) The right of a person to a pension, to the
return of accumulated contributions, the pension
itself, any optional benefit, any other right
accrued or accruing to any person under this chapter
shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or
insolvency law, or any other process of law
whatsoever, and shall be unassignable except as is
specifically provided in this chapter.
(b) If a member is covered by a group insurance
or prepayment plan participated in by the City, and
should he be permitted to, and elect to, continue
such coverage as a retirant, he may authorize the
Board of Trustees to have deducted from his pension
the payments required of him to continue coverage
under such group insurance or prepayment plan. The
City shall have the right of setoff for any claim
arising from embezzlement by or fraud of a member,
retirant or beneficiary.
Sec. 19-43 Former Pensions Continued. All
pensions being paid by the retirement system as of
the date of adoption of this Charter shall continue
to be paid in accordance with the provisions of
Chapter 15, being Sections 385 to 429, both
inclusive, of the City Charter in effect the day
preceding the adoption of this Charter. The said
pensions shall continue to be obligations of the
system.
Sec. 19-44 Errors; Correction. Should any change
or error in the records result in any person
receiving from the retirement system more or less
than he would have been entitled to receive had the
records been correct, the Board of Trustees shall
correct such error and as far as practicable shall
adjust the payment of the benefit in such manner
that the actuarial equivalent of the benefit to
which the person was correctly entitled shall be
paid.
CHAPTER 20
TRANSITION
Sec. 20-1 Purpose. The purpose of this chapter is
to inaugurate the government of the City of Highland
Park under this Charter and provide the transition
from the government of the City under the previous
Charter to that under this Charter. It shall
constitute a part of this Charter only to the extent
and for the time required to accomplish its purpose.
Sec. 20-2 Election to Adopt Charter. This Charter
shall be submitted to a vote of the qualified
electors of the territory comprising the City of
Highland Park at a City election to be held on
Tuesday, June 25, 1968 between the hours of 7:00
a.m. and 8:00 p.m. All provisions for the submission
of the question of adopting this Charter at such
election shall be made in the manner provided by
law. If, at said election, a majority of the
electors shall vote in favor of the adoption of this
Charter, then the CityClerk shall perform all other
acts required by law to carry this Charter into
effect. If so adopted, this Charter shall take
effect and become law at 12:01 a.m. on Tuesday,
November 12, 1968.
Sec. 20-3 Form of Ballot. The form of the
question on submission of this Charter shall be as
follows:
Shall the proposed Charter of the City of
Highland Park, drafted by the Charter Commission,
elected November 2, 1965, be adopted?
Yes No
Sec. 20-4 Election of Officers.
(a) For the purpose of electing the first Mayor,
five Council members, the Clerk, Treasurer and
Judges under this Charter, if adopted, the
provisions of this Charter shall apply as to the
nomination and election of such officers, except as
in this section otherwise provided.
(b) Nominating petitions for the nomination of
the first Mayor, members of the Council, Clerk,
Treasurer and Judges to be elected under the
provisions of this Charter shall be filed in the
office of the Clerk on or before 4:00 p.m. on
Friday, the 23rd day of August, 1968. This date
shall also be the final date for receiving
registrations for the primary election.
(c) Each candidate for office under the
provisions of this Charter shall be subject to, and
shall possess the qualifications for officers of the
City required by the provisions of Sections 4-2 and
4-3 of this Charter, except that no elective officer
of the City shall be required to resign the office
held by him in order to be a candidate for City
office.
(d) If this Charter be adopted, a primary
election for the selection of the candidates for the
offices of Mayor, five members of the Council, the
Clerk, Treasurer and Judges, under this Charter, to
twice the number of positions to be filled, is also
hereby set to be held on Tuesday, September 24, 1968
between the hours of 7:00 a.m. and 8:00 p.m.
(e) The election of the first Mayor, members of
the Council, the Clerk, Treasurer and Judges under
this Charter is hereby set to be held on Tuesday,
November 5, 1968 between the hours of 7:00 a.m. and
8:00 p.m.
(f) At the November, 1968 election the candidates
for Mayor, five Councilmen, Clerk, and Treasurer,
receiving the highest number of votes shall be
deemed elected to such offices for terms expiring on
the Monday following New Year's Day, 1972, when the
successors thereof have been elected and qualify
under this Charter. The candidates at the November,
1968 election for Municipal Judge and associate
Municipal Judge receiving the highest number of
votes shall be deemed elected to such offices for
six year terms commencing on January 1, 1969 and
ending January 1, 1975 when successors thereof have
been elected and qualify under this Charter. The
election scheduled for April, 1969 is hereby
cancelled and the terms of the present judges are
shortened accordingly.
(Amended 11-2-71)
Sec. 20-5 New Officers. The persons elected under
the provisions of Section 20-4 of this chapter to
the offices of Mayor, Councilmen, Clerk and
Treasurer shall meet at 8:00 p.m. on November 12,
1968, shall take their oaths of office, shall
thereupon constitute the executive, the governing
body, the Clerk and Treasurer of the City, and shall
assume and perform their full duties under the
provisions of this Charter. The Mayor, Council,
Clerk and Treasurer created by the previous Charter
of the City shall, thereupon, cease to be officers
of the City. Such meeting shall be a regular meeting
for the transaction of any business which may
properly come before the Council.
Sec. 20-6 Administrative Officers. All appointive
officers under the previous Charter of the City
shall continue in such offices under and subject to
this Charter, including the provisions of Section
7-2 thereof, as though they had been appointed under
the provisions of this Charter. The terms of offices
of persons holding the offices of constable,
assessor and controller under the previous Charter
of the City shall terminate on the effective date of
this Charter.
Sec. 20-7 First Board of Review. The first
members of the Board of Review created by this
Charter shall be the Council elected under the terms
of this Charter as provided elsewhere herein.
Sec. 20-8 Existing Boards and Commissions. Each
member of the City Planning Commission, the hospital
board, the library board, and of other boards and
commissions of the City, for which provision is made
in this Charter or for which provision has been made
by any ordinance which is not inconsistent with this
Charter, shall be and remain a member of such board
or commission for the balance of his term of office,
subject in all respects to the provisions of this
Charter.
Sec. 20-9 Property of Terminated Boards and
Offices. All records, books, working papers, money,
effects, and property in the custody, possession, or
control of any board, commission, or office ceasing
to exist on the effective date of this Charter,
which are the property of the City or which in any
way pertain to the duties of the board, commission,
or office, shall be delivered to the successor
thereof, or to the Mayor, forthwith, after the
duties of such board, commission, or office
terminate.
Sec. 20-10 City Supervisors. The term of office
of the supervisors representing the City and its
inhabitants under the previous Charter shall
terminate on the effective date of this Charter, at
which time their successors may be appointed or
assume such office in accordance with the provisions
of this Charter.
Sec. 20-11 Compensation of Officers. The
compensation of the Mayor elected at the election
held on November 5, 1968 shall be seventeen thousand
five hundred dollars per annum. The compensation of
each Councilman elected at such election shall be
three thousand dollars per annum. The President of
the Council shall receive five hundred dollars per
annum in addition to his compensation as a
Councilman. The compensation of the Clerk and
Treasurer shall be fourteen thousand five hundred
dollars per annum. In each case, such compensation
shall be prorated and payable bi-weekly. The
compensation of the other officers and employees of
the City, as fixed and paid under the previous
Charter of the City on the effective date of this
Charter, shall be and remain the compensation of
such officers, until changed in accordance with the
provisions of this Charter. The stating of
compensation to be paid to City officers in this
section shall be deemed to fix the compensation of
such officers prior to their election or appointment
and shall not operate to change the compensation of
an officer after his election or appointment in
violation of the constitutional prohibition thereof.
Sec. 20-12 Council Action. In all cases involving
the transition of the City government from that
under the previous Charter to that under this
Charter, which are not covered by this chapter, the
Council shall supply necessary details and
procedures and may adopt such rules, regulations,
and ordinances as may be required therefor.
Sec. 20-13 Civil Service and Pensions. No person
shall be deemed to have gained or lost any status as
an employee or any pension rights held by him under
the previous Charter of the City, except as
specifically set forth in this Charter.
Sec. 20-14 Vested Rights and Liabilities. After
the effective date of this Charter, the City and all
its agencies shall be vested with all property,
moneys, contracts, rights, credits, effects, and the
records, files, books and papers belonging to it
under and by virtue of the previous Charter. No
right or liability, contract, lease, or franchise,
either in favor of or against the City, existing at
the time this Charter became effective, and no suit
or prosecution of any character, shall be effected
in anymanner by any change resulting from the
adoption of this Charter, but the same shall stand
or proceed as if no change had been made. All taxes,
debts, and liabilities, due to the City from any
person, and all fines and penalties, imposed and
existing at the time of such change, shall be
collected by the City. All trusts, established for
any Municipal purpose, shall be continued in
accordance with the terms thereof, subject to the cy
pres doctrine.
Sec. 20-15 Mandatory Retirement. Any person 59.5
years of age or older when this Charter takes effect
who is confronted with mandatory retirement at age
sixty shall have a six-month grace period before
such retirement takes effect in his case, during
which his duties and compensation shall continue
without change. No elected official shall be deemed
confronted with mandatory retirement.
RESOLUTION OF ADOPTION
At a meeting of the Charter Commission of the
City of Highland Park, held at 7:30 p.m. on the 24th
day of April, 1968, at the usual meeting place of
the Commission, the following members of the Charter
Commission were present: Commissioners Ashley,
Chapple, Daboul, Darque, Downes, Johnson, McCaw,
North and Chairman Callahan.
At such meeting the following resolution was
offered by Commissioner North and seconded by
Commissioner Johnson:
Resolved, that the Charter Commission of the City
of Highland Park does hereby adopt the foregoing
instrument as the second proposed revised Charter of
the City of Highland Park, and the Clerk of this
Commission is hereby instructed to transmit the same
to the Governor of the State of Michigan, in
accordance with the provisions of Act No. 279 of the
Public Acts of 1909, for his approval.
The vote on the adoption of the resolution was as
follows:
Ayes: Commissioners Ashley, Chapple, Daboul,
Darque, Downes, Johnson, McCaw, North and Chairman
Callahan (9).
Nayes: (0)
Absent: None.
Attested by the following Commissioners:
/s/ Dr. Philip A. Callahan, Chairman
/s/ Robert J. North, Vice-Chairman
/s/ Delores Ashley
/s/ Fred Daboul
/s/ Simon Chapple
/s/ Lewis Darque
/s/ Milton Downes
/s/ Michael John McCaw
/s/ Rose Johnson
The said Commissioners, being legal members and
active upon said Charter Commission, having attested
as to said resolution, as above set forth and, also,
having attested the copy to be signed by the
Governor, the meeting was adjourned subject to the
call of the Chairman.
/s/ THOMAS E. SHAWCROSS,
Clerk of Charter Commission
of the City of Highland Park,
Michigan
GOVERNOR'S APPROVAL
I hereby approve the foregoing Charter of the
City of Highland Park, Michigan. DATED: June 11,
1968
/s/ GEORGE ROMNEY,
Governor of the State of Michigan
|
