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We, the people of the City of Pontiac, auopt this 2u14 Chaitei to piotect oui iights anu to
piomote a just, honoiable anu efficient goveinment.

Pontiac is a city with a stiong histoiy, foimally incoipoiateu in 1861. As with pievious
Chaiteis foi this histoiic City, the citizens have foigeu this Chaitei to ensuie oui gieat City
of Pontiac thiives foi many geneiations of futuie iesiuents.

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(&,-.+' - / 0'1'&(+ %&23-4-214

1.1u1 City uoveinment
The people of the City of Pontiac heieby pioviue foi the establishment anu
continuation of theii municipal goveinment as set foith in this home iule Chaitei
anu as pioviueu by law.

1.1u2 Bounuaiies
The bounuaiies of the City when this Chaitei takes effect shall continue unless
changeu in accoiuance with State law.

1.1uS ueneial Poweis
The City possesses the home iule poweis anu all othei poweis confeiieu by the
Nichigan constitution anu law. The specific mention of a paiticulai powei in this
Chaitei shall not be constiueu as limiting in any way these geneial poweis. These
poweis shall be libeially inteipieteu anu constiueu in favoi of the City.

1.1u4 Stiong Nayoi Plan
The plan of municipal goveinment pioviueu by this Chaitei is known as the "Stiong
Nayoi Plan."

1.1uS Befinitions
As useu in this Chaitei:
(1) "Shall" is manuatoiy; "may" is uiscietionaiy.

(2) "Nayoi" means the Nayoi of the City of Pontiac.

(S) "Biiectoi" means the auministiative heau of a uepaitment, notwithstanuing
that this Chaitei oi oiuinance may give anothei title to the position.
(4) "Appointee" anu "appointment" iefei to peisons eithei (i) seiving on boaius
anu commissions of the City oi (ii) holuing uppei level positions incluueu in
the management of City goveinment anu outsiue any civil seivice system oi
collective baigaining unit;
(S) "Employee" iefeis to peisons holuing positions in City goveinment below the
management level.
(6) "Emeigency" means any occasion oi instance in which the Nayoi ueteimines
imminent extiaoiuinaiy actions aie neeueu to save lives, piotect piopeity
anu the public health anu safety, oi to lessen oi aveit the thieat of a
catastiophe in any pait of the City.
(7) "Public Seivant" means the Nayoi, membeis of the City Council, the City
Cleik, appointive officeis, any membei of a boaiu, commission, oi othei
voting bouy that is establisheu by eithei bianch of City goveinment oi this
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Chaitei oi oiuinance, anu any appointee, employee oi inuiviuual who
pioviues seivices to the City, within oi outsiue of its offices oi facilities
puisuant to a peisonal seivices contiact.

(8) "Lobbying" means all communications with a public seivant of the City foi
the puiposes of influencing legislative oi executive action.

(9) "Lobbyist" means a peison who iepiesents a company oi an inuiviuual uoing
business oi seeking to uo business with the City, is seeking official action
fiom the City oi has inteiests that coulu be substantially affecteu by the
peifoimance of a public seivant's official uuties, oi is iegisteieu as a lobbyist
unuei applicable laws.

(1u) "Immeuiate family membei" means a peison who is ielateu to a public
seivant as a spouse oi as any of the following, whethei by maiiiage, bloou oi
auoption: paient, chilu, biothei, sistei, uncle, aunt, nephew, niece, fiist
cousin, gianupaient, gianuchilu, fathei-in-law, mothei-in-law, son-in-law,
uaughtei-in-law, stepfathei, stepmothei, stepson, stepuaughtei, stepbiothei,
stepsistei, half-biothei, half-sistei, biothei-in-law, oi sistei-in-law.

(11) "Publish" anu "Publication" means uissemination of the infoimation,
establisheu by oiuinance, to achieve wiuespieau uissemination to the public.

1.1u6 Rules of Inteipietation
(1) Seveiability
If any piovision of this Chaitei oi the application theieof to any peison oi
ciicumstance is helu invaliu, the invaliuity shall not affect othei piovision oi
applications of this Chaitei.

(2) Numbei oi uenuei
The singulai foim of a woiu incluues the pluial, the pluial foim of a woiu
incluues the singulai, anu the masculine genuei incluues the feminine genuei
anu the neutei.

(S) Tense
This Chaitei is to be iegaiueu as speaking in the piesent anu continuously.
Thus, foi example, the phiase "as pioviueu by law" will incoipoiate the
piovisions of law as they change fiom time to time.

(4) Beauings
The aiticle, chaptei anu section heauings of this Chaitei aie pioviueu meiely
foi the convenience of the ieauei. They aie not pait of the Chaitei anu shall
be given no legal effect.

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(&,-.+' -- / '+'.,-214

2.1u1 Elective 0fficeis
The elective officeis of the City aie the Nayoi anu the seven (7) membeis of the City
Council. Five (S) Council membeis shall be electeu by uistiict anu two (2) at-laige
Council membeis shall be electeu Citywiue.

2.1u2 Elections
Regulai City piimaiy anu geneial elections shall be helu on the same uate as iegulai
State gubeinatoiial piimaiy anu geneial elections. City elections will occui in
accoiuance with State anu feueial law. City elections aie non-paitisan.

2.1uS voteis
Electois of the City shall be iegisteieu as pioviueu by law.

2.1u4 Conuuct of Elections
City piimaiy anu geneial elections shall be conuucteu anu votes canvasseu as
pioviueu by law.

2.1uS Election Commission
(1) The City Election Commission shall be composeu of thiee (S) electois of the
City:
a) The City Cleik
b) The City's Attoiney
c) The City Tieasuiei.

(2) If the City's Cleik oi Attoiney is not an electoi of the City, then they shall
seive as !" $%%&'&$ membeis to give assistance anu suppoit.

(S) The Commission has geneial supeivision of all elections in the City anu may
hiie assistants, inspectois, anu othei election peisonnel.

(4) Except as otheiwise pioviueu by this Chaitei oi oiuinance, the Commission
shall peifoim all uuties iequiieu of election commissions by law. It may subpoena
witnesses, auministei oaths, take testimony, anu iequiie the piouuction of eviuence.
To enfoice a subpoena oi oiuei foi piouuction of eviuence oi to impose any penalty
piesciibeu foi failuie to obey a subpoena oi oiuei, the Commission shall apply to
the appiopiiate couit.

(S) All meetings of the Commission shall comply with State law.

(6) In case of any uoubt conceining election pioceuuie, the Commission shall
piesciibe the pioceuuie to be followeu.

(7) The City Cleik shall seive as chaii of the Election Commission.

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2.1u6 Electoial Bistiicts anu Re-Appoitionment
The City is uiviueu into five (S) electoial uistiicts. The uistiict7 shall be contiguous,
compact anu as neaily of equal population as is piacticable. In no event shall the
population of any uistiict vaiy by moie than one (1) peicent fiom that of any othei
uistiict, baseu upon the most iecent official 0niteu States uecennial census oi othei
census peimitteu by law. Bistiicts shall be all-appoitioneu by oiuinance puisuant
to law anu this Chaitei. The oiuinance shall be auopteu as soon as possible aftei
official ielease of census figuies anu at least foui (4) months piioi to the City
piimaiy election to which it fiist applies. The effective uate of iepiesentation of the
new uistiicts shall be the uate foi taking office of the fiist Council membeis electeu
theiefiom, unless otheiwise pioviueu by this Chaitei.

2.1u7 Canuiuates foi Nomination
(1) Any peison uesiiing to become a canuiuate foi nomination to any City office
shall, piioi to the City piimaiy election, file with the Cleik nominating petitions as
pioviueu by law.

(2) Nominating petitions of a canuiuate foi nomination to a City Council at-laige
seat shall contain the signatuies of at least one hunuieu fifty (1Su) anu not moie
than two hunuieu fifty (2Su) iegisteieu electois.

(S) Nominating petitions of a canuiuate foi nomination to a City Council uistiict
seat shall contain the signatuies of at least fifty (Su) anu not moie than one hunuieu
(1uu) iegisteieu electois of the uistiict involveu.

(4) Nominating petitions of a canuiuate foi nomination foi Nayoi shall contain
the signatuies of at least two hunuieu fifty (2Su) anu not moie than foui hunuieu
(4uu) iegisteieu electois.

2.1u8 Piimaiy Election
Nominations foi each elective office shall be maue at a City piimaiy election.
Bowevei, when not moie than two (2) peisons file foi nomination to an office, theie
shall be no piimaiy election foi the office, the City Cleik shall ceitify such peisons as
uuly nominateu foi that office, anu the name(s) of the peisons who fileu shall be
placeu on the geneial election ballot foi the office.

2.1u9 Nomination anu Election
The two (2) canuiuates foi nomination to each office ieceiving the most votes in the
City piimaiy foi the office aie nominateu. The nominee foi each office ieceiving the
most votes in the City geneial election foi the office is electeu. If two (2) oi moie
canuiuates foi a nomination oi two (2) oi moie nominees foi an office ieceive an
equal numbei of votes in the ceitifieu iesults, the Council shall ueteimine by lot
which peison is nominateu oi electeu.

2.11u Recall
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An elective officei of the City may be iecalleu by iegisteieu electois as pioviueu by
law.

2.111 Effect of Recall
No peison, who has been iecalleu fiom an office, oi who has iesigneu fiom office
while iecall pioceeuings weie penuing, shall be appointeu by the City to any office
within foui (4) yeais aftei such iecall oi iesignation.

2.112 0ath of 0ffice
Eveiy electeu officei anu othei officeis as piesciibeu by oiuinance shall, befoie
enteiing upon the uuties, take anu subsciibe the following oath:

"I uo solemnly sweai (oi affiim) that I will suppoit the Constitution of the
0niteu States anu of this State anu this Chaitei of the City of Pontiac anu that
I will faithfully uischaige the uuties of office of . accoiuing to the best of my
ability,"

Anu shall file that oath, uuly ceitifieu by the officei befoie whom it was taken, in the
office of the City Cleik.

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(&,-.+' --- / +'0-4+(,-3' *&(1.:
.;<=>?@ ! / .A>B .CDEFAG

S.1u1 Local Legislatuie
(1) A City Council of seven (7) membeis is heieby cieateu. The Council is the
legislative bouy of the City anu possesses such othei poweis as may be pioviueu by
law oi this Chaitei.

(2) To be eligible foi the office of Nembei of the City Council, an inuiviuual:
a) Shall have establisheu a piimaiy iesiuence in the City foi one (1) yeai
immeuiately pieceuing the filing ueauline foi the office.
(b) Shall be a iegisteieu electoi of the City on the fiist uay of the teim in
office anu uuiing the entiie peiiou of the teim in office.

S.1u2 Bistiict Repiesentation; Teim of 0ffice
(1) Each uistiict of the City shall be iepiesenteu by one (1) Council membei foi
that uistiict. The membei fiom each uistiict shall be nominateu anu electeu by the
electois of the uistiict. The two (2) Council membeis at-laige shall be nominateu
anu electeu by the electois of the entiie City. To be eligible foi the office of Council
membei foi a uistiict, a peison must have been a iesiuent of the Bistiict in question
foi one (1) yeai immeuiately befoie the filing ueauline foi the office. To be eligible
foi the office of Council membei at-laige, a peison must have been a iesiuent of the
City foi one (1) yeai immeuiately befoie the filing ueauline foi the office.
(2) Each membei of the Council electeu unuei this Chaitei shall seive foi foui(4)
yeais anu until a successoi qualifies. The Council shall be the sole juuge of the
election anu qualification of its membeis.
S.1uS Beginning of Teim
The teim of each Council membei begins at 8:uu a.mH on the fiist business uay aftei
}anuaiy 1
st
following the election.

S.1u4 0iganizational Neeting
(1) The fiist business of the fiist meeting in each new teim of the Council shall
be its oiganization. The meeting shall be helu in the Council Chambeis anu shall be
piesiueu ovei by the City Cleik oi a tempoiaiy piesiuing officei until the Piesiuent
anu Piesiuent Pio-Tem of the Council foi that teim have been selecteu. The
Piesiuent of the Council shall piesiue at meetings of the Council. The Piesiuent Pio-
Tem shall peifoim the uuties of the Council Piesiuent uuiing the absence oi
tempoiaiy uisability of the Council Piesiuent.

(2) The pioceuuial anu oiganizational iules, foi the Council, shall be establisheu
by the Council, at that fiist meeting of the new teim, anu amenueu theie aftei as
neeueu. Those iules must establish who shall piesiue at meetings of the Council in
the absence of the Piesiuent anu Piesiuent Pio-Tem. Those iules shall be wiitten
anu accessible to the public.
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S.1uS Neetings
The Council shall meet at such times as piesciibeu by oiuinance oi iesolution,
except that it shall meet iegulaily not less than twice pei month. The Nayoi, oi two
(2) membeis of the Council may call special meetings of the Council, pioviueu it is
iequesteu in wiiting anu wiitten notice is given to each membei, seiveu peisonally,
electionically oi left at the membei's place of iesiuence at least ten (1u) houis piioi
to the meeting time, anu otheiwise comply with State law. Bowevei, any special
meeting at which all membeis of the Council aie piesent oi have given wiitten
consent shall be a legal meeting foi all puiposes, without such wiitten notice.

S.1u6 Public Access; Rules
(1) As pioviueu by law, all meetings of the Council shall be public anu any citizen
may have access to the minutes anu iecoius theieof at all ieasonable times.

(2) The Council shall ueteimine its own iules anu oiuei of business. It shall keep
a jouinal of its pioceeuings, in English.

S.1u7 Quoium
A majoiity of all Council membeis seiving constitutes a quoium, but a lessei
numbei may aujouin fiom uay to uay anu compel the attenuance of an absent
membei in such mannei anu unuei such penalties as piesciibeu by oiuinance.

S.1u8 voting
(1) Except as otheiwise iequiieu by this Chaitei, no action of the Council shall be
effective unless auopteu by a majoiity of Council membeis piesent anu voting
uuiing that action's vote.
(2) 0n all oiuinances, anu in all othei matteis on the uemanu of one oi moie
membeis of the Council oi as iequiieu by law, a ioll call vote shall be taken.

S.1u9 Council Action
The Council shall act foi the City only by oiuinance oi iesolution.

S.11u Compensation
Council membeiship is a pait-time position.

The Council membeis shall be paiu, by the City, as ueteimineu by oiuinance, this
Chaitei anu law.

S.111 Appointment of Cleik
The Council shall appoint a City Cleik foi an inuefinite peiiou. The Cleik is
iemovable by vote of five (S) membeis of the Council.

S.112 0iuinance Pioceuuie
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(a) The enacting clause of all oiuinances shall ieau, "The City of Pontiac oiuains",
but this clause may be omitteu when the oiuinances aie publisheu in a compilation.
(b) 0pon intiouuction, the Cleik shall uistiibute a copy to each Council membei
anu to the Nayoi, anu shall file a ieasonable numbei of copies in the office of the
Cleik anu such othei public places as the Council may uesignate, anu shall publish
by means establisheu by oiuinance to achieve wiuespieau uissemination to the
public in the City anu auuitionally as may be ueteimineu by Council, togethei with a
notice of the time anu place foi consiueiation by the Council. Theieaftei, the
Council may amenu anu auopt the pioposeu oiuinance without fuithei pie-
auoption publication.
(c) 0thei than an emeigency oiuinance, a pioposeu oiuinance shall be
intiouuceu at a iegulaily scheuuleu Council meeting. Any oiuinance shall iequiie
two ieauings by the Council anu two oppoitunities foi public comment at iegulaily
scheuuleu Council meetings piioi to being auopteu.
(u) The auoption of any oiuinance by the Council shall iequiie a majoiity of
Council membeis seiving.
(e) The effective uate of an oiuinance shall be stateu theiein. The effective uate
shall not be less than ten (1u) business uays fiom the uate of auoption oi
publication, whichevei occuis latei. No oiuinance, except an emeigency oiuinance,
shall be auopteu on the same uay that it is intiouuceu.
(f) An emeigency oiuinance, which shall contain a statement of its uigency,
must be necessaiy foi the immeuiate pieseivation of the public peace, piopeity,
health, safety oi foi the usual uaily opeiation of a uepaitment. An emeigency
oiuinance may be auopteu on the uay it is intiouuceu, publication of a summaiy
theieof befoie auoption is not iequiieu, anu an emeigency oiuinance may be given
immeuiate effect. Auoption of an emeigency oiuinance iequiies an affiimative vote
of two-thiius of Council membeis seiving anu publication as soon as piacticalH

(g) Eveiy oiuinance oi iesolution of the Council, except quasi-juuicial acts of the
Council, appointments by the Council, matteis ielating to the inteinal oiganization
of the Council oi of a ceiemonial natuie, oi such action as may be expiessly
exempteu fiom veto by othei sections of this Chaitei, shall be piesenteu by the
Cleik to the Nayoi within foui (4) business uays aftei aujouinment of the meeting
at which the oiuinance oi iesolution is auopteu.

(h) The Nayoi, within seven (7) uays of ieceipt of an oiuinance oi iesolution,
may ietuin it to the Cleik with a veto anu a wiitten statement explaining the veto.
Bowevei, with iespect to an emeigency oiuinance, the Nayoi shall notify the
Council of a veto in any ieasonable mannei within twenty (24) houis aftei the
Nayoi's office ieceives wiitten notice fiom the Cleik that the emeigency oiuinance
has been auopteu.

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(i) An oiuinance oi iesolution vetoeu by the Nayoi can be ieconsiueieu by the
Council within fifteen (1S) uays aftei the ieceipt of the Nayoi's veto. Five Council
membeis may auopt the oiuinance oi iesolution ovei the Nayoi's veto.

(j) An oiuinance shall be publisheu once aftei its auoption. Except foi an
emeigency oiuinance, such publication shall be befoie the oiuinance's effective
uate. The Cleik shall ceitify on the iecoiu of oiuinances the uate anu methou of
publication shall be piima facie eviuence that legal publication of an oiuinance was
maue.

(k) The Cleik shall maintain a iecoiu of all oiuinances. Aftei an oiuinance is
auopteu, it shall be authenticateu by the Cleik. The iecoiu anu the authentication
shall be uone within one week aftei auoption of an oiuinance, but failuie to so
iecoiu anu authenticate an oiuinance uoes not invaliuate it oi suspenu its
opeiation.

(l) A iepealeu oiuinance may not be ieviveu, except by ie-enactment of the
whole oi so much as is intenueu to be ieviveu. When any section oi pait of a section
of an oiuinance is amenueu, the whole section as amenueu shall be ie-enacteu.

(m) Piosecution foi violation of an oiuinance of the City shall be commenceu
within two (2) yeais aftei the commission of the offense. This limitation only
applies to violations penal in natuie, anu is not a limitation of the City's iight to
foifeit any fianchise, giant oi license foi violation of the teims anu conuition
theieof.

(n) A violation of an oiuinance of the City shall be piosecuteu as pioviueu by law
oi oiuinance.

S.11S Tiansfei of City Piopeity; Contiacts
(1) The City may not sell, lease, exchange, oi in any way uispose of any ieal
piopeity of the City oi any piopeity of the City, except such peisonal piopeity as
may have been uefineu by oiuinances as minoi, without appioval, aftei public
notice anu heaiing, by iesolution of the Council.

(2) Noi may the City entei into a contiact if theie is not a sufficient
unencumbeieu appiopiiation available to uischaige fully the City's obligation
theieunuei, without appioval by the Council.

S.114 Staff
The Council may, within appiopiiations pioviueu in the buuget, appoint staff oi
contiact foi seivices. Staff oi peisons engageu puisuant to contiact shall seive at
the pleasuie of the Council.

S.11S Relations with Executive Bianch
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The Council anu each of its membeis may make inquiiies of, oi iequest infoimation
anu iecoius fiom, the Nayoi, the appointees oi the employees of the executive
bianch. Bowevei, neithei the Council noi any membei of theieof shall give any
oiuei oi uiiection, neithei publicly oi piivately, to any appointee oi employee of the
executive bianch.

S.116 Investigative Poweis
The Council may subpoena witnesses, auministei oaths, take testimony anu iequiie
the piouuction of eviuence in any mattei penuing befoie it. To enfoice a subpoena
oi oiuei foi piouuction of eviuence oi to impose any penalty piesciibeu foi failuie
to obey a subpoena oi oiuei, the Council shall apply to the appiopiiate couit.

S.117 vacancies
A vacancy on the Council may be filleu by appointment of a iegisteieu electoi of that
Bistiict affecteu oi Citywiue foi the at-laige membeis( by a majoiity of Council
membeis iemaining. The appointee seives out the unexpiieu teim oi until a
successoi is electeu. Bowevei, the teim of a membei may not be extenueu by
iesignation anu subsequent appointment.

S.118 Effect of Absences
Absence fiom five (S) iegulai meetings uuiing a calenuai yeai shall opeiate to
vacate the seat of a membei, unless the absence is excuseu by the Council, by
iesolution, setting foith the ieason foi the excuse anu enteieu upon the jouinal.
Absence by a Council membei, fiom moie than one-half (12) of any iegulaily
scheuuleu meeting uuiing any twelve (12) month peiiou, iegaiuless whethei the
absences aie excuseu oi not, shall opeiate to vacate the seat of that membei.

S.119 Contiol of City Payioll
No compensation oi salaiy shall be paiu to appointees, membeis of boaius oi
commissions, volunteeis oi employees of the City, oi employees of contiacteu
entities, except as appioveu by the Council.

S.12u Bonus
(1) All employees anu officeis of the City whose uuties involve the custouy of
public piopeity oi the hanuling of public funus, eithei by way of ieceipt oi
uisbuisement oi both, anu all othei officeis anu employees so iequiieu by the
Council shall, befoie they entei upon the uuties of theii iespective offices, file with
the City an official bonu, in such foim anu amount as the Council shall uiiect anu
appiove.

(2) An appointee oi employee, iequiieu by law, this Chaitei, oiuinance oi
iesolution to give a bonu, shall not entei upon oi continue uuties of the office oi
employment until such bonu has been uuly fileu, anu iecoiueu.

(S) All bonus shall be fileu with the Cleik, except the bonu of the Cleik, which
shall be fileu with the Tieasuiei.
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(4) All iequiieu bonus shall be suiety company bonus, cash oi iiievocable letteis
of cieuit.


.;<=>?@ # L .A>B .G?@M

S.2u1 Functions anu Buties of the Cleik
The City Cleik shall insuie that:
a) The Cleik shall be cleik of the Council anu shall attenu all meetings of the
Council anu keep a peimanent jouinal of its pioceeuings in the English language.
b) The Cleik shall pioviue anu publish iequiieu public notices in the mannei
pioviueu by this Chaitei anu law.
c) The Cleik shall pioviue foi the iegistiation of electois iesiuing in the City anu
the execution of all elections in the City as iequiieu by law.
u) The Cleik shall maintain a iecoiu of all existing anu pioposeu iules, iegulations,
policies anu pioceuuies of the City.
e) The Cleik shall ceitify by theii signatuie all oiuinances anu iesolutions enacteu
oi passeu by the Council anu make them available to the public as pioviueu by
law.
f) The Cleik shall auministei oaths anu take affiuavits anu exeicise othei poweis
anu uuties as pioviueu by law, this Chaitei, oi oiuinance.
g) The Cleik shall pioviue anu maintain in theii office a supply of foims foi all
petitions to be fileu foi any puipose by the piovisions of this Chaitei.
h) The Cleik shall ensuie ieasonably accessible polling locations thioughout the
City foi the puipose of conuucting elections.
i) Ensuiing safekeeping, ietention anu public accessibility of uocuments in
accoiuance with law.
j) Anu, othei uuties that may be assigneu by oiuinance)

S.2u2 Chief Assistant Cleik
The Cleik may, with appioval of Council, appoint a chief assistant who seives at the
pleasuie of the Cleik anu peifoims the uuties of the office in the absence oi
uisability of the Cleik.

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4.1u1 The Nayoi
(1) The Nayoi is the chief executive of the City anu as pioviueu by this Chaitei,
has chaige of anu is accountable foi the executive bianch of the City goveinment.
The Nayoi shall seive a foui (4) yeai teim, commencing at 8:uu a.m., on the fiist
business uay aftei }anuaiy 1
st
following the election.

(2) To be eligible foi the office of Nayoi, an inuiviuual:
a) Shall have establisheu a piimaiy iesiuence in the City foi one (1) yeai
immeuiately pieceuing the filing ueauline foi the office.
(b) Shall be a iegisteieu electoi of the City on the fiist uay of the teim in
office anu uuiing the entiie peiiou of the teim in office.

4.1u2 Buties of the Nayoi
The Nayoi possesses all poweis anu uuties inheient in being the Chief Executive
0fficei of the executive bianch, incluuing:

a) Ensuiing that laws, this Chaitei anu oiuinances aie faithfully
executeu anu enfoiceu;
b) Piesenting the pioposeu annual balanceu buuget as pioviueu by
oiuinance, this Chaitei anu law;
c) Piesenting an annual State of the City auuiess in conjunction with
submitting theii pioposeu buuget;
u) Supeivising expenuituies of all sums appiopiiateu to anu the
attainment of all objectives establisheu foi uepaitments of the
executive bianch.
e) Ensuiing that timely monthly iegulai financial iepoits of ievenues
anu expenuituies shall be pioviueu to the legislative bianch anu
quaiteily financial statements pioviueu by inuepenuent auuitois of
the City to the legislative bianch as iequiieu by oiuinance anu this
Chaitei.

4.1uS Beputy Nayoi
(1) The Nayoi shall appoint, with the appioval of the Council, a Beputy Nayoi
who seives at the pleasuie of the Nayoi, assists the Nayoi anu peifoims the uuties
of the office uuiing the absence oi tempoiaiy uisability of the Nayoi.

(2) A peison seiving in the position of Beputy Nayoi shall have a combination of
euucational achievement, piofessional anu life expeiiences anu moial competence
to seive as the Chief 0peiating 0fficei of the City.

4.1u4 Council Attenuance
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(1) The Nayoi oi the Beputy Nayoi shall attenu all meetings of the Council anu
iesponu to questions fiom Council membeis anu citizens, make iepoits anu piesent
pioposals.

(2) The Nayoi anu the Beputy Nayoi may uesignate a City auministiative officei
to attenu meetings of the Council on theii behalf when they aie tempoiaiily absent
uue to an emeigency oi a uisability.

4.1uS Staff of the 0ffice of Nayoi
The Nayoi may, within appiopiiations pioviueu in the auopteu buuget, appoint
such staff of the offices of Nayoi as may be ieasonably necessaiy, all of whom shall
seive at the pleasuie of the Nayoi.

4.1u6 Appointment of Biiectois; Failuie to Act on Appointments
(1) Except as otheiwise iequiieu by law oi this Chaitei, the Nayoi shall appoint
foi each uepaitment of the executive bianch, a uiiectoi, who seives at the pleasuie
of the Nayoi, as heau of the uepaitment. Each appointment shall be subject to
appioval of the Council.

(2) If a mayoial appointment is not uisappioveu by the Council within thiity (Su)
calenuai uays aftei the submission of the appointment to the Council, then the
appointment shall be effective.

4.1u7 Appointment of Beputy Biiectois
Except as otheiwise iequiieu by law oi this Chaitei, a uepaitment uiiectoi may,
with the consent of the Nayoi anu within appiopiiations pioviueu, appoint a
ueputy, who seives at the pleasuie of the uepaitment uiiectoi.

4.1u8 Buties of Biiectois
Each uepaitment uiiectoi shall:
(1) Consistent with law, this Chaitei, oiuinance anu any laboi agieement,
hiie, piomote, supeivise, uiscipline, anu iemove employees of the uepaitment.

(2) Assign uuties to the employees of the uepaitment anu supeivise the
peifoimance of these uuties anu the attainment of the objectives of the uepaitment.

4.1u9 Boaius anu Commissions
(1) Except as otheiwise iequiieu by law oi this Chaitei, the teim of membeis on
all boaius anu commissions in City goveinment is foui (4) yeais anu membeis of
boaius anu commissions aie appointeu by anu seive at the pleasuie of the Nayoi.
All appointments shall be subject to appioval of the Council.

(2) Except as otheiwise iequiieu by law oi this Chaitei, all boaius anu
commissions aie auvisoiy. The expiiation of teims shall be staggeieu, so that no
moie than twenty (2S) peicent of the boaiu oi commission membeiship teims
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expiies uuiing a calenuai yeai. Except as otheiwise iequiieu by law, this Chaitei oi
oiuinance, an inuiviuual shall be a iesiuent of the City to be eligible foi appointment.

4.11u Succession to 0ffice
(1) If a vacancy occuis in the office of Nayoi, the Council Piesiuent shall succeeu
to the office until a new Nayoi is electeu.

(2) If the vacancy occuis in the office of Nayoi moie than one (1) yeai befoie the
next iegulai City geneial election, the Council shall oiuei a special piimaiy election
anu a special geneial election to fill the vacancy foi the unexpiieu teim.

(S) If the vacancy occuis in the office of Nayoi anu the Council Piesiuent is
unable to succeeu to that office, the Piesiuent Pio-Tem shall succeeu to the office of
the Nayoi until a new Nayoi is electeu.

(4) If the vacancy occuis in the office of Nayoi the fiist oiuei of business of the
fiist City Council meeting aftei the new Nayoi has been swoin in, shall be to fill the
Council vacancies cieateu.

(S) If a uispute aiises conceining whethei a vacancy in the office of Nayoi has
occuiieu, any foui (4) membeis of the Council may petition the appiopiiate couit
foi a ueteimination of this fact question.


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4.2u1 City's Attoiney
The City shall maintain a City Attoiney, who shall be an attoiney licenseu to piactice
in Nichigan anu veiseu in municipal law. The City's Attoiney shall seive in the
executive bianch of City goveinment.

4.2u2 Buties of City's Attoiney
The City's Attoiney shall insuie:

(1) Supeivising the conuuct of all the legal business of the City anu its
uepaitments;

(2) Biafting all oiuinance pioposals anu appioving them as to foim;

(S) Piepaiing anu appioving such leases, ueeus, contiacts oi othei papeis as
may be iequiieu by the Nayoi, Council oi any uepaitment;

(4) Fuinishing wiitten legal opinions when iequesteu by the Nayoi, the Council
oi any uepaitment;

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(S) Instituting anu conuucting, on behalf of the People, all cases aiising fiom the
piovisions of this Chaitei oi oiuinances anu, when authoiizeu by law, cases unuei
the State law;

(6) Befenuing all actions oi pioceeuings against the City;

(7) Piosecuting all civil actions to which the City is a paity oi in which the City
has an inteiest, when uiiecteu to uo so by the Nayoi; notice of any such action shall
immeuiately be given to the City Council;

(8) Repiesenting any elective officei oi appointee of the City in any action oi
pioceeuing involving any action oi pioceeuing involving the peifoimance of theii
official uuties;

(9) Ensuiing that all laws, this Chaitei anu oiuinances aie legally executeu anu
enfoiceu;

(1u) Peifoiming othei uuties assigneu by iesolution of the Council; anu

(11) Attenuing all meetings of the Council as iequesteu by Nayoi oi CouncilH

4.2uS Settlements
No civil litigations of the City may be settleu without the consent of the Council.

4.2u4 0ption of City Council
Notwithstanuing the above, the Council may engage inuepenuent legal counsel on a
tempoiaiy basis wheie the Council is seeking enfoicement of a Council subpoena oi
oiuei, suing oi being sueu by any City agency oi officei, oi uefenuing against any
action oi pioceeuings involving the Council's official uuties. Fuithei, the Council
may obtain the opinion oi auvice of inuepenuent legal counsel in any mattei
penuing befoie it.


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4.Su1 Finance Bepaitment
A Finance Bepaitment is cieateu in the executive bianch of City goveinment. The
Finance Biiectoi shall have uiiect supeivision ovei the finance uepaitment anu the
auministiation of the financial affaiis of the City, incluuing-the keeping of accounts
anu financial iecoius, the collection of taxes, special assessments anu othei ievenue,
the communication of financial iecoius to the Nayoi anu Council anu such othei
uuties as may be piesciibeu by oiuinance.

4.Su2 Tieasuiei
The Finance Biiectoi, with the consent of the Nayoi, may appoint a City Tieasuiei
within buugeteu appiopiiations, who shall seive at the pleasuie of the Finance
Page !9 of "#


Biiectoi. The Tieasuiei shall peifoim all the uuties iequiieu of tieasuieis by law,
this Chaitei anu oiuinance.

4.SuS Puichasing Bivision
A uivision of Puichasing is cieateu in the finance uepaitment. The Finance Biiectoi
may, with the consent of the Nayoi, appoint within buugeteu appiopiiations a
Puichasing Agent who seives at the pleasuie of the Finance Biiectoi.

4.Su4 Centializeu Puichasing; Competitive Biuuing
All puichases anu contiacts of uepaitments anu agencies of the City shall be maue
thiough the uivision of puichasing, except as may otheiwise be pioviueu by
oiuinance. All puichases anu contiacts foi piocuiement which exceeu a uollai
amount fixeu by oiuinance shall be maue only puisuant to competitive biuuing as
piesciibeu by oiuinance. The City may contiact only with peisons oi fiims that aie
equal oppoitunity employeis anu obseive the piinciples set foith in Section 6.1u1 of
this Chaitei. The Council shall enact a puichasing oiuinance that ensuies
competitive biuuing foi all goous anu seivices.

4.SuS Restiictions on Puichases
No puichases, unless specifically exempteu by oiuinance, shall be maue, except on a
signeu iequisition by the heau of a uepaitment, counteisigneu by the Finance
Biiectoi anu appioveu by the Puichasing Agent. No puichases shall be maue in
excess of appiopiiations.

4.Su6 Buties of Puichasing Agent
The uuties of the Puichasing Agent anu iules anu iegulations ielative theieto shall
be as pioviueu by law, this Chaitei anu oiuinance.

4.Su7 Assessment Bivision
(1) The City may maintain a City Assessoi.

(2) A uivision of Assessment may be cieateu in the Finance Bepaitment. The
Nayoi, with the appioval of the Council, may appoint a City Assessoi foi a teim of
six (6) yeais. If such mayoial appointment is not uisappioveu by the Council within
thiity (Su) uays, the appointment is effective. The City Assessoi may be iemoveu by
the Nayoi foi cause only.

4.Su8 Assessoi's Buties
The City Assessoi's poweis anu uuties shall be as pioviueu by law, this Chaitei anu
oiuinance.


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4.4u1 Police Bepaitment (Police Seivices)
(1) The City shall pioviue foi the safety of its iesiuents.
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(2) A Police Bepaitment may be cieateu in the executive bianch of City
goveinment. If a Police Bepaitment is cieateu, the Chief of Police shall be the heau
of the uepaitment.

(S) The City may contiact foi police seivices with appiopiiate law enfoicement
agencies, as pioviueu by law.

4.4u2 Poweis anu Buties
The Chief of Police anu police officeis of the uepaitment oi contiacteu agency
possess poweis confeiieu by law.

4.4uS Poweis anu Buties of Police Chief
The Chief of Police oi contiacteu agency heau is iesponsible foi the public peace anu
oiuei anu the enfoicement of the ciiminal laws of Nichigan anu oiuinances of the
City. 0thei uepaitments of the City may be given concuiient enfoicement
juiisuiction foi oiuinances, which covei technical fielus of municipal opeiations.
The Chief of Police oi contiacteu agency heau shall uefine the uuties of law
enfoicement officeis anu piesciibe iules ielative to the peifoimance theieof.

4.4u4 Citizens Review Boaiu
A complaint by a citizen against a membei of the Police Bepaitment (oi contiacteu
agency) shall be maue to the Chief of Police (oi contiacteu agency heau). Bowevei, if
the citizen is uissatisfieu with the uisposition of the complaint maue by the Chief of
Police oi Agency Beau, oi if no uisposition is maue within ten (1u) uays, the citizen
may make a complaint to the Citizen Review Boaiu, which shall be establisheu by
oiuinance anu in accoiuance with collective baigaining agieements.


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4.Su1 Fiie Bepaitment (Fiie Piotection Seivices)
(1) The City shall pioviue foi fiie piotection seivices foi its iesiuents.

(2) A Fiie Bepaitment may be cieateu in the executive bianch of City
goveinment. If a Fiie Bepaitment is cieateu, the Fiie Chief shall be the heau of the
uepaitment anu seives unuei the supeivision of the Nayoi.

(S) The City may contiact foi fiie piotection seivices with appiopiiate fiie
piotection seivice agencies, as pioviueu by law.

4.Su2 Retention of Fiie Bepaitment Civil Seivice
The civil seivice system foi fiiemen cieateu by appioval of the electois of Pontiac
puisuant to 19SS PA 78, shall continue aftei the effective uate of this Chaitei.

4.SuS Emeigency Powei
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The Fiie Chief oi Agency Beau of the contiacteu agency in chaige at all fiie inciuents
anu may cause any builuing to be iazeu oi uestioyeu, when necessaiy, in oiuei to
aiiest the piogiess of a fiie oi ensuie the public safety, anu no action shall be
maintaineu against any peison oi against the City theiefoi. This shall be uone with
concuiience by the City builuing official anu notification of the Nayoi anu City
Council Piesiuent.

4.Su4 Poweis of Fiie Chief
The Fiie Chief oi contiacteu agency heau possesses all poweis confeiieu by law, this
Chaitei oi oiuinance, anu the Fiie Chief oi contiacteu agency heau shall assign
fiiemen to fiie-baseu seivices in accoiuance with theii qualifications on a uaily
basis.


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4.6u1 0thei Bepaitments, Boaius anu Commissions
0thei uepaitments, boaius anu commissions, not cieateu by this Chaitei, foi
peifoimance of executive anu auministiative functions may be cieateu in the
executive bianch by oiuinance, consistent with this Chaitei.

4.6u2 Assignment of Auministiative Functions
Responsibility foi peifoimance of all executive oi auministiative functions shall be
assigneu by oiuinance to uepaitments of the executive bianch.

4.6uS Initial Continuation of Bepaitments, Boaius anu Commissions
All uepaitments, boaius anu commissions existing unuei the olu Chaitei oi by
oiuinance peifoiming executive oi auministiative functions shall continue to exist,
unless ieoiganizeu, consoliuateu, oi abolisheu by oiuinance. Piovisions foi such
uepaitments aie heieby mouifieu, if necessaiy, to comply with this Chaitei.

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S.1u1 Fiscal Yeai
The fiscal yeai of the City shall commence on the fiist uay of }uly in each yeai anu
enu on }une Su
th
of the following yeai.

S.1u2 Nayoial Buuget anu Appiopiiation 0iuinance
At least sixty (6u) uays befoie the enu of each fiscal yeai, the Nayoi shall piepaie
anu submit to the Council a pioposeu annual buuget anu pioposeu annual
appiopiiation oiuinance foi the next fiscal yeai. To assist the Nayoi in piepaiing
such buuget anu oiuinance, the uepaitments of City goveinment shall fuinish the
Nayoi with uetaileu estimates of expenses, accoiuing to a classification which is
neaily unifoim as possible. Pioceeuings on the pioposeu buuget anu the
appiopiiation oiuinance anu the auoption theieof shall be pioviueu by law.

S.1uS veto
The veto powei of the Nayoi, set foith in Section S.112 of this Chaitei, shall, to the
maximum extent peimitteu by law, apply to the buuget anu the appiopiiation
oiuinance on an item-by-item basis.

S.1u4 Balanceu Buuget
The total amount of appiopiiations shall not exceeu the estimateu ievenues of the
City. No liabilities shall be incuiieu by any elective officei, appointee oi employee of
the City, except in accoiuance with the piovisions of the appiopiiation oiuinance, oi
unuei continuing contiacts anu loan authoiizeu unuei this Chaitei.

S.1uS Inteiim Authoiity
(1) An annual buuget anu appiopiiation oiuinance shall be auopteu at least
thiity (Su) uays befoie each new fiscal yeai.

(2) If City officeis fail to timely auopt a buuget as iequiieu by the subsection
above, the Council, on iequest in wiiting of the Nayoi, may make an appiopiiation
foi a uepaitment's cuiient expenses to an amount sufficient to covei the minimum
necessaiy expenses of the affecteu uepaitment until the appiopiiation oiuinance is
in foice, oi may boiiow such money as may be necessaiy theiefoi.

S.1u6 Tiansfeis anu Supplemental Appiopiiations
Aftei auoption of the annual buuget anu appiopiiations oiuinance, anu upon at least
one week's notice by means establisheu by oiuinance to achieve wiuespieau
uissemination to the public, the Council, by a iesolution of five (S) membeis, may
amenu such oiuinance to authoiize the tiansfei of an unuseu balance appiopiiateu
foi one puipose to anothei puipose, oi to appiopiiate available ievenues not
pieviously appiopiiateu.


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S.2u1 Piopeity Tax Levy
The City shall ueteimine such poition of ievenues as may be necessaiy fiom
piopeity taxes to meet: (a) the appiopiiations maue, (b) all sums iequiieu by law to
be iaiseu on account of City uebt, anu (c) such auuitional sum not exceeuing five (S)
peicent of total appiopiiations in the buuget, as may be necessaiy to meet
commissions, fees, anu abatements in the estimates of taxes, anu shall, by oiuinance,
levy the piopeity taxes so ueteimineu.

S.2u2 0thei Revenue
The City shall have such authoiity to iaise ievenue by othei taxation as pioviueu by
law.

S.2uS Buties of Cleik
All sums to be iaiseu fiom piopeity taxes in any yeai shall foithwith be ceitifieu by
the Cleik to the City's assessoi oi contiacteu agency anu shall be levieu anu
collecteu upon the assesseu valuation of taxable piopeity within the City.

S.2u4 Lien
All taxes, chaiges anu penalties, othei than special assessments, oiueieu to be
spieau on any tax ioll, shall become a lien upon the piopeity assesseu, on anu aftei
the fiist uay pioviueu foi the collection of such ioll as pioviueu by oiuinance anu
law.

S.2uS Tax Limits
The total amount of taxes which may be levieu against piopeity foi City puiposes in
any one (1) yeai shall comply with law. The piovisions of this Chaitei shall not
pievent the levy anu collection on the full amount of taxes iequiieu by law foi the
payment of uebts.

S.2u6 Special Assessment Financing
The City may also iaise, by special assessment, in a special assessment uistiict sums
necessaiy foi any impiovement which may by law be financeu by special
assessment as pioviueu by oiuinance anu in concuiience with law.

S.2u7 Limits on Incuiiing 0bligations
Except as otheiwise pioviueu by this Chaitei, no public woik oi impiovement shall
be commenceu, noi expenuituie maue, noi any Fontiact authoiizeu until an
appiopiiation has been maue oi a special assessment levieu to pay the cost anu
expenses theieof. No such woik oi impiovement shall be paiu foi, oi contiacteu to
be paiu foi except fiom the pioceeus of the appiopiiation oi special assessment oi
fiom pioceeus fiom bonus oi othei obligations issueu in anticipation of the
collection of the appiopiiation oi special assessment.


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S.Su1 Accounting
Accounts shall be kept by the Finance Bepaitment oi contiacteu agency showing all
assets anu liabilities of the City anu the financial tiansactions foi all uepaitments of
the City. The accounts anu the foims theiefoi shall confoim to any unifoim system
iequiieu by law oi oiuinance. Financial iepoits shall be piepaieu foi each month,
each quaitei anu each fiscal yeai. Those financial iepoits shall be, timely, pioviueu
to the Nayoi anu the Council.

S.Su2 Payments
(1) Payments by the City shall be maue only in accoiuance with pioceuuies
piesciibeu by oiuinance.

(2) Each uiaft, check, oiuei oi waiiant shall specify the funu fiom which it is
payable. The Finance Biiectoi oi contiacteu agency heau shall examine all payiolls,
bills anu othei claims anu uemanus against the City, except claims foi un-liquiuateu
uamages, anu shall make no payment unless the Finance Biiectoi finus that: (a) the
claim is in piopei foim, coiiectly computeu anu uuly ceitifieu, anu justly anu legally
uue anu payable; (b) an appiopiiation has been maue theiefoi which has not been
exhausteu oi that the payment has been otheiwise legally authoiizeu; anu (c) theie
is money in the City tieasuiy to make payment. The Finance Biiectoi may
investigate any claim, anu foi such puiposes, may examine witnesses unuei oath. If
the Finance Biiectoi finus such bill, claim oi uemanu is fiauuulent, eiioneous oi
otheiwise invaliu, the Finance Biiectoi shall not pay without authoiization by
iesolution of the Council.

(S) All payments shall have two (2) authoiizeu signatuies to be valiu.

S.SuS Cash Nanagement
All taxes, special assessments, license fees, oi othei sums acciuing to the City shall
be collecteu by the Tieasuiei. All money belonging to the City ieceiveu by any
elective officei, appointee, employee oi contiacteu agency employee of the City shall
be given piomptly to the Tieasuiei anu uepositeu with such iesponsible banking
institution as have been uesignateu by the Council anu fuinishing such secuiity as
the Council may ueteimine. All inteiest shall acciue to the benefit of the City. The
City shall pioviue by oiuinance foi the piompt anu iegulai uaily ueposit of all City
monies as iequiieu by this section. All fees ieceiveu by any elective officei,
appointee, employee oi contiacteu agency employee shall belong to the City.

S.Su4 Establishing Funus
The ievenues ieceiveu foi geneial taxation upon all piopeity in the City, fiom
boiiowing to be iepaiu by such taxation, oi fiom othei souices shall be uiviueu into
such funus as the City may ueteimine by oiuinance oi iesolution.

S.SuS Annual Inuepenuent Auuit
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An inuepenuent annual auuit shall be completeu within one hunuieu eighty (18u)
uays aftei the enu of the fiscal yeai. The auuit of the City accounts of all elective
officeis, appointees, uepaitments anu contiacteu agencies of City goveinment shall
be conuucteu by public accountants, who have no peisonal inteiest, uiiect oi
inuiiect, in the financial affaiis of the City oi any of its uepaitments, contiacteu
agencies, elective officeis, appointees oi employees. In auuition to the annual auuit,
the Council oi the Nayoi may, at any time, pioviue foi such examination oi auuit of
the City accounts of any uepaitment, contiacteu agency, elective officei, appointee
oi employee of City goveinment as the Council oi Nayoi may ueteimine.


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S.4u1 Assessment of Piopeity; Subject of Taxation
All piopeity subject to au valoiem taxation shall be assesseu as pioviueu by law. 0n
completing the assessment ioll, the City's assessoi shall sign anu tiansmit it to the
Cleik foi consiueiation by the Boaiu of Review. The subjects of taxation foi
municipal puiposes aie the same as foi State, Countiy oi School puiposes unuei
law.

S.4u2 Boaiu of Review
The Boaiu of Review consists of thiee electois of the City, to be appointeu annually
by the Council befoie the uate of the fiist meeting piesciibeu by law. Two alteinate
Boaiu of Review membeis shall also be appointeu annually by the Council. No City
elective officei, canuiuate foi elective officei, employee oi contiacteu agency staff
shall be eligible foi Boaiu of Review membeiship. Except as otheiwise pioviueu by
this Chaitei, the Boaiu of Review possesses all poweis anu uuties pioviueu by law.
A majoiity of the boaiu shall constitute a quoium foi the tiansaction of business,
but a lessei numbei may aujouin fiom uay to uay. The Boaiu of Review shall ieview
anu equalize the assessment ioll of the City. 0n its own motion, oi on cause shown,
it may ieuuce oi inciease the valuation of any piopeity founu on the ioll, anu shall
auu theieto any taxable piopeity in the City omitteu theiefiom. The City's assessoi,
oi theii uesignee, shall attenu all meetings of the Boaiu of Review.

S.4uS Coiiection of Eiiois
The Boaiu of Review shall examine the assessment ioll, anu coiiect any eiiois oi
ueficiencies founu theiein.

S.4u4 Neetings of Boaiu Review
(1) Notice of the time anu place of meetings of the Boaiu of Review shall be given
by the City's assessoi as piesciibeu by law. The Boaiu of Review shall select one
membei as chaiipeison, anu continue in session at least six (6) houis pei uay foi
foui (4) uays successively, anu as much longei as may be necessaiy to complete the
ieview. Any peison may examine his oi hei assessment on such ioll, anu may show
cause why the valuation shoulu be changeu. The boaiu shall ueciue each case anu,
except as pioviueu by law, its uecision is final.
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(2) The boaiu may examine, on oath, any peison conceining an assessment. The
chaiipeison oi any membei of the boaiu may auministei oaths. It shall keep a
iecoiu of its pioceeuings, anu all changes maue in the ioll shall be enteieu upon the
iecoiu. The iecoiu shall be uepositeu with the City's assessoi. All questions befoie
the boaiu shall be ueciueu by a majoiity of the boaiu. Aftei the Boaiu of Review has
completeu the ievision of the ioll, the Cleik shall ceitify that it is the geneial
assessment ioll of the City foi the yeai, as appioveu by the Boaiu of Review.

S.4uS Boaiu's Completion of Roll
0pon the completion of the ioll anu its ceitification, it shall be ietuineu to the City's
assessoi anu shall, except as otheiwise pioviueu by law, be conclusively piesumeu
to be valiu. The omission of the ceitification shall not affect the valiuity of the ioll.

S.4u6 Equalization
The City's assessoi shall piesent the oiiginal assessment ioll to the Boaiu of
Commissioneis of 0aklanu County as pioviueu by oiuinance anu law. Aftei
equalization by the Boaiu of Commissioneis, such ioll shall be the assessment ioll of
the City foi all assessment puiposes whatsoevei except foi the taxes levieu in }uly as
pioviueu in Section S.4u7.

S.4u7 City Piopeity Taxes
City piopeity taxes as levieu by the Council shall be spieau upon the assessment ioll
by the City's assessoi. The City's assessoi shall then uelivei to the City's tieasuiei a
ceitifieu copy of the assessment ioll.

S.4u8 Bue Bate
City piopeity taxes foi each fiscal yeai aie uue anu payable each }uly 1, anu may be
paiu at any time uuiing }uly anu August without any collection fee, oi auuitional
chaige. An auuitional chaige to be specifieu by oiuinance shall be auueu to all
unpaiu geneial City taxes on the fiist business uay in Septembei anu on the fiist uay
of each succeeuing month uuiing which taxes iemain unpaiu, until ietuin theieof,
togethei with acciueu penalties oi chaiges.

S.4u9 Publication
The City Tieasuiei shall give notice by means establisheu by oiuinance to achieve
wiuespieau uissemination to the public foi six (6) business uays immeuiately
pieceuing }uly 1 that: (a) City piopeity taxes may be paiu at any time thiough
August S1 without any collection fee theiefoi, anu (b) an auuitional chaige (anu the
amount theieof) will be maue on Septembei 1 anu on the fiist uay of each
succeeuing month uuiing which taxes iemain unpaiu until ietuin to the County
Tieasuiei. Failuie to give this notice shall not invaliuate the tax, noi ielease the
peisons oi piopeity assesseu fiom the penalty.

S.41u Liens
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City piopeity taxes so levieu constitute a lien upon the piopeity anu a chaige
against the peisons owning the piopeity, as pioviueu by law.

S.411 School anu County Taxes
0n Novembei 1, as pioviueu by oiuinance anu law, the City's assessoi shall spieau
upon the assessment ioll as school anu county taxes, ceitifieu by the Boaiu of
Commissioneis oi otheiwise, anu such othei taxes as aie legally iequiieu to be
spieau on the ioll.

S.412 Receipt of Roll by Tieasuiei
Within thiity (Su) uays aftei Novembei 1, the City's assessoi shall uelivei a ceitifieu
copy of the assessment ioll to the City Tieasuiei.

S.41S Notice of Taxes Bue
0pon ieceiving the assessment ioll, the City Tieasuiei shall give notice by means
establisheu by oiuinance to achieve wiuespieau uissemination to the taxpayeis of
the City foi six (6) business uays immeuiately pieceuing Becembei 14 that: (a) such
school, county, anu othei piopeity taxes levies may be paiu at any time thiough
Febiuaiy 14 without any collection fee theiefoi, anu (b) an auuitional chaige (anu
the amount theieof) will be maue on Febiuaiy 1S anu on the fiist uay of each
succeeuing month uuiing which taxes iemain unpaiu until ietuin to the County
Tieasuiei. Failuie to give this notice shall not invaliuate the tax, noi ielease the
peisons oi piopeity assesseu fiom the penalty.

S.414 Collection of Taxes
Foi the collection of all unpaiu taxes aftei the fiist business uay in Septembei anu
Febiuaiy 14, the Tieasuiei possesses the same powei anu authoiity as confeiieu by
law upon othei local goveinment tieasuieis. The Tieasuiei shall exhaust all legal
iemeuies foi the collection of unpaiu taxes befoie the ietuin theieof.

S.41S Payment to School Boaiu anu County
The Tieasuiei shall, within ten (1u) uays aftei the expiiation of the time limiteu in
the waiiant, oi in case of extension of time foi collecting such taxes, within ten (1u)
uays aftei such time has expiieu, pay ovei to the tieasuiei of all authoiizeu taxing
authoiities the amount which by law is so payable, anu on Naich 1, oi within ten
(1u) uays theieaftei, shall pay to the County Tieasuiei the balance which by law is
so payable, anu shall make ietuins as pioviueu by law.

S.416 Applicable Law
(1) ueneial Law shall govein the assessing, levying, collection anu ietuin of
taxes except as otheiwise pioviueu by this Chaitei.

(2) The assessment, levy, collection anu ietuin of taxes shall be goveineu
consistent with this Chaitei anu law.

S.417 Pait Payment
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Foi each paicel in the City, paitial payment of piopeity taxes shall be goveineu by
State law.

S.418 Fees anu Penalties
The fees anu penalties pioviueu by this Chaitei oi law foi collection of taxes shall
belong to the City anu shall be uepositeu by the Tieasuiei into the City Tieasuiy.

S.419 Recoius of 0wneiship
The City's assessoi shall maintain a cuiient iecoiu of the changes of owneiship of
ieal piopeity in the City as shown by the Recoius of the 0aklanu County Registei of
Beeus.


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S.Su1 Boiiowing Authoiity
The City may boiiow money anu issue bonus on the full faith anu cieuit anu
ievenues of the City subject to the limitations establisheu by law.

S.Su2 Puipose of Bonus
Bonus may be issueu foi any municipal impiovement necessaiy to auvance the
peace, health, safety anu welfaie of the City oi its inhabitants oi foi any othei
puipose not piohibiteu by 0iuinance, this Chaitei oi law. No bonus shall be issueu
to uefiay any geneial opeiating oi auministiative costs anu expenses of the City.

S.SuS Bonu Issuance
Bonus of the City shall not be issueu without appioval of a majoiity of iegisteieu
electois voting on the question except as otheiwise pioviueu by law.

S.Su4 Pioviuing foi Piincipal anu Inteiest
All bonus anu inteiest shall be payable as pioviueu by oiuinance, this Chaitei anu
law.

S.SuS Special Assessment Boiiowing
The City may iaise money by boiiowing in anticipation of the payments fiom
special assessments foi the puipose of uefiaying costs of the impiovement foi
which the assessment was levieu. Such boiiowing shall not exceeu the assessments
maue to complete the whole woik, noi shall such boiiowing be maue until aftei the
special assessment ioll has been confiimeu. The City may pleuge the full faith anu
cieuit of the City foi the payment of such boiiowing.


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S.6u1 Powei uianteu
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The City may pioviue foi the payment of all oi any pait of the cost of constiuction,
ieconstiuction, iepaii, opeiating oi maintenance of any public stiuctuie oi
impiovement, by levying anu collecting special assessments upon piopeity specially
benefitteu.

S.6u2 Petition by 0wneis
If the owneis of the majoiity of the fiontage of lanus liable to be assesseu in any
special assessment uistiict oi pait of the City, which may be constituteu a special
assessment uistiict, petition the Council foi any public impiovement, the City may
oiuei such impiovement to be maue. In othei cases public impiovements may be
maue at the uiscietion of the Council by iesolution.

S.6uS Council Resolution foi Special Assessment
When the Council ueteimines to make any public impiovement oi iepaiis anu
uefiays the whole oi pait of the cost anu expenses theieof, by special assessment, it
shall so ueclaie by iesolution. The iesolution shall state the natuie of the
impiovement, the poition of the expenses which shall be paiu by special
assessment, anu the poition, if any, which shall be paiu fiom the City's geneial funu
anu shall uesignate the lanus anu piemises incluueu in the uistiict upon which the
special assessment is levieu.

S.6u4 Pioceuuie by 0iuinance
The complete special assessment pioceuuie to be useu, incluuing the piepaiing of
plans anu specifications; estimateu costs; the piepaiation, heaiing anu coiiection of
the special assessment ioll; the filing by inteiesteu peisons of objections to the
special assessment ioll as confiimeu anu the heaiing anu uecision upon such
objections; the collection of special assessments; the assessment of single lots oi
paicels; anu any othei matteis conceining the making of impiovements by the
special assessment methou, shall be pioviueu by oiuinance. The oiuinance shall
authoiize auuitional assessments, if the piioi assessment pioves insufficient to pay
foi the impiovement oi is ueteimineu to be invaliu in whole oi in pait. The
oiuinance shall also pioviue foi the iefunu of excess assessments. Bowevei, if the
excess is less than thiee (S) peicent of the total cost as uefineu by oiuinance, it may
be placeu in the City's geneial funu.

S.6uS Liens
Fiom the uate of confiimation of any ioll levying any special assessment, the full
amount of the assessment anu all inteiest theieon shall constitute a lien on the
piopeity anu a uebt of the peison owning the piopeity until paiu anu in case of
uelinquency, may be collecteu as uelinquent City piopeity taxes.

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(&,-.+' 3- L 2,:'& %&23-4-214
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6.1u1 Equal 0ppoitunity Employei
City goveinment shall pioviue equal oppoitunity in employment foi all peisons,
piohibiting uisciimination in employment foi ieasons incluuing but not limiteu to
iace, coloi, ieligion, sex, age, national oiigin, hanuicap, maiital status, height oi
weight.

6.1u2 Employee Seiving in Nanagement
Rules shall be establisheu by oiuinance oi iesolution which peimit any peison
holuing employment coveieu by a baigaining unit oi a civil seivice classification
plan who is selecteu foi an appointment to take a leave of absence fiom such
coveieu employment foi the peiiou of the appointment.

6.1uS Resiuency
Resiuency iequiiements may be imposeu as pioviueu by law.

6.1u4 Local 0fficeis Compensation Commission
Notwithstanuing any othei piovision of this Chaitei, the compensation of elective
officeis may be ieviseu puisuant to law by the Local 0fficeis Compensation
Commission.

6.1uS vacancy
The position of any elective officei shall become vacant upon ueath, iesignation,
incapacitation, neglect of uuty, iemoval fiom City iesiuence oi, in the case of a
uistiict Council membei, iemoval fiom uistiict iesiuence, oi uismissal fiom the
position in any mannei authoiizeu by law oi this Chaitei.

6.1u6 Filling of vacancies
If a vacancy occuis in any appointive position, it shall be filleu by appointment (foi
the unexpiieu teim, if any) in the mannei pioviueu foi the oiiginal appointment.

6.1u7 Conflict of Inteiest
(a) Except as otheiwise iequiieu by law:

(1) An elective officei, appointee, oi employee who has a conflict between
peisonal inteiest anu the public inteiest as uefineu by law, this Chaitei, oi
oiuinance shall uisclose fully to the City's Attoiney the natuie of the conflict.
Except as pioviueu by law oi oiuinance, no elective officei, appointee, oi
employee of the City may paiticipate in oi act upon oi vote upon any
mattei if a conflict exists.

(2) Any elective officei, appointee, oi employee who has a financial
inteiest, uiiect oi inuiiect oi by ieason of owneiship of a substantial amount
Page #J of "#


of stock in any coipoiation, in any contiact with the City oi in the sale of any
lanu, mateiials, supplies oi seivices to the City oi to a contiactoi supplying
the City, shall make known that inteiest anu shall iefiain fiom voting upon oi
otheiwise paiticipating as an elective officei, appointee, oi employee in the
making oi peifoimance of the contiact oi sale.

(S) violation of this subsection with the knowleuge, expiess oi implieu, of
the peison oi coipoiation contiacting with oi making a sale to the City shall
ienuei the contiact oi sale voiuable by the Nayoi oi the Council.
(b) An elective City officei oi an appointee who is an immeuiate family membei
of an applicant foi employment by the City, shall immeuiately be uisqualifieu fiom,
anu shall not paiticipate in any way in, the hiiing piocess foi that applicant.
(c) If it is establisheu upon complaint maue by any City iesiuent that, in the
hiiing of any peison, this piovision was violateu, the employment of such peison
shall be a nullity, anu such violation shall be cause foi a iecall oi uismissal of the City
officei oi appointee involveu. Fuithei, a City officei oi appointee violating this
piovision is subject to a fine anu impiisonment to the maximum extent peimitteu
unuei law.
(u) No elective officei shall holu any appointive position, which was cieateu oi
the compensation foi which was fixeu oi incieaseu uuiing his oi hei incumbency,
until one yeai aftei such peison's leaving office.
6.1u8 Retiiement Plans Continueu
The City may establish, by oiuinance, its ietiiement plans consistent with law that
uoes not extenu liability beyonu the cuiient fiscal yeai. The existing goveining
bouies foi auministeiing those plans, the benefit scheuules foi those plans, anu the
teims foi acciuing iights to anu ieceiving benefits unuei those plans shall be
goveineu by oiuinance.

6.1u9 Removal foi Cause
Any appointee subject to iemoval foi cause may be iemoveu by the appointing
authoiity foi lack of qualifications, incompetency, neglect of uuties, misconuuct,
conviction of a felony, oi a violation of this Chaitei oi any job-ielateu oiuinance,
iule oi iegulation. An appointee, not goveineu by a collective baigaining agieement
oi by Civil Seivice, may not be iemoveu unuei this subsection without an
oppoitunity foi a public heaiing befoie the appointing authoiity. A copy of the
chaiges shall be fuinisheu at least ten (1u) uays in auvance of the heaiing.

.;<=>?@ # L 4=?FAVAF %CY?@7 <EU )A7F?GG<E?CD7 %@CTA7ACE7

6.2u1 Enabling Legislation
The City shall enact any oiuinance authoiizeu by law oi necessaiy to caiiy out the
piovisions of any section of this Chaitei.

Page 5K of "#


6.2u2 Rents, Tolls, Excises anu Taxes
The City shall pioviue foi the laying anu collecting of ients, tolls, excises anu taxes in
accoiuance with the law.

6.2uS Eminent Bomain
The City has the powei of eminent uomain anu, to the extent peimitteu by the law,
may conuemn piivate anu public piopeity locateu within oi outsiue of the City foi
any public puipose.

6.2u4 Penalties
The City shall, by oiuinance, pioviue punishment, to the extent peimitteu by law, foi
the violation of any piovision of this Chaitei oi any oiuinance.

6.2uS Subsequent uiaue Changes
Expenses foi impiovements ielateu to changes in the giaues of stieets, alleys, public
highways, pavements, siuewalks, biiuges oi cuibs may be financeu by special
assessments, oi chaigeu to anu paiu by the City.


.;<=>?@ 5 L &DG? )<MAEX

6.Su1 Auministiative Rules
(1) Except foi iules otheiwise auopteu puisuant to law, befoie auopting any iule
goveining uealings between the City anu the public, oi establishing heaiing
pioceuuies foi iesolving matteis in uispute, a City uepaitment oi agency shall give
notice of a ueauline foi comment by publication.

(2) No iule shall become effective until it has been publisheu by the City Cleik by
means establisheu by oiuinance to achieve wiuespieau uissemination to the public.
All effective iules shall be piinteu in a book of City iules.
6.Su2 Emeigency Rules
Notwithstanuing the pieceuing section, in the case of an emeigency uefineu by this
Chaitei anu State law ueclaieu in wiiting by the Nayoi oi the Council, a pioposeu
iule may be given effect foi a peiiou not to exceeu sixty (6u) uays penuing
completion of the iequiieu pioceuuie.



.;<=>?@ " L -EA>A<>AT? <EU &?V?@?EUDS

6.4u1 Initiative
A pioposeu oiuinance may be submitteu to the Council upon petitions signeu by
iegisteieu electois of the City. Aftei submission, the Cleik shall piomptly asceitain
anu ceitify the numbei of signeis.

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6.4u2 Buties of Council
If such ceitificate shows that the numbei of iegisteieu electois signing the petitions
equals oi exceeus fifteen (1S) peicent of the electois voting at the pieceuing City
geneial election, the Council shall within twenty (2u) uays theieaftei:

(a) Auopt the oiuinance without alteiation (subject to the iefeienuum pioviueu
by this Chaitei); oi
(b) At the next election to be helu in accoiuance with State law, the pioposeu
oiuinance shall be submitteu without alteiation to the electoial voteis.

6.4uS Petitions
If the petitions aie signeu by iegisteieu electois equal to at least ten (1u) peicent
but less than fifteen (1S) peicent of the electois voting at the pieceuing City geneial
election anu the pioposeu oiuinance is not auopteu without alteiation by the City
within twenty (2u) uays, then the pioposeu oiuinance, without alteiation, shall be
submitteu by the Council to electoial vote at the next scheuuleu election in the City
occuiiing at any time aftei (Su) uays fiom the uate of the Cleik's ceitificate.

6.4u4 Refeienuum
No oiuinance, except an emeigency oiuinance, shall take effect befoie ten (1u) uays
aftei auoption. If, within these ten (1u) uays, one hunuieu (1uu) iegisteieu electois
of the City file with the Cleik a notice in wiiting of theii intention to ciiculate a
petition foi iefeiiing the oiuinance to the electois foi theii auoption oi iejection,
then the oiuinance uoes not become effective until thiity (Su) uays aftei its
auoption. If, within these thiity (Su) uays, petitions containing the numbei of
signatuies iequiieu by this Chaitei aie not fileu in accoiuance with such wiitten
notice, the oiuinance shall become effective upon the expiiation of the thiity (Su)
uay peiiou. If, within the thiity (Su) uays, howevei, petitions piotesting the
oiuinance signeu by iegisteieu electois of the City equal in numbei to at least ten
(1u) peicent of the electois voting at the pieceuing City geneial election aie
piesenteu to the Council, the oiuinance is suspenueu fiom taking effect. The Council
shall immeuiately ieconsiuei the oiuinance. If the oiuinance is not entiiely
iepealeu, the Council shall submit it to an electoial vote, at the next scheuuleu
election in the City anu the oiuinance shall not take effect unless appioveu by a
majoiity of the iegisteieu electois voting theieon. These iefeienuum piovisions uo
not apply to:
(a) An oiuinance iequiieu, oi exempteu fiom iefeienuum, by law oi this
Chaitei;

(b) An emeigency oiuinance; howevei, giant of a fianchise may not be ueemeu
an emeigency oiuinance.
6.4uS Poweis of Council
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The Council may, of its own motion, submit to electoial vote foi auoption oi
iejection at an election in the City a pioposeu oiuinance oi a pioposition foi the
iepeal oi amenument of an oiuinance.

6.4u6 Conflicting Piovisions
If the piovisions of two (2) oi moie oiuinances appioveu at the same election aie
inconsistent, then the oiuinance piovision ieceiving the highest affiimative votes
shall pievail.

6.4u7 Publication
Whenevei an oiuinance is iequiieu to be submitteu to an electoial vote, the Council
shall have the oiuinance publisheu by the City Cleik by means establisheu by
oiuinance to achieve wiuespieau uissemination to the public foi two (2) successive
weeks immeuiately pieceuing the election.

6.4u8 State Law to Apply
The foim of petition anu the conuuct of the electoial vote foi initiative anu
iefeienuum measuies shall, as neai as may be, be the same as that pioviueu by law
foi exeicise of initiative anu iefeienuum by State electois.

6.4u9 Effect of vote
An oiuinance appioveu by electoial vote shall not theieaftei be iepealeu oi
amenueu by the City Council foi eighteen (18) months, except by electoial vote.


.;<=>?@ 6 L Q@<EF;A7?7Z +AF?E7?7 <EU %?@SA>7[ )DEAFA=<G O>AGA>A?7

6.Su1 0ccupancy oi 0se by Piivate Concein
A peison oi fiim may be gianteu peimission to occupy oi use a stieet, alley oi public
place within the City foi public utility puiposeu only unuei a City fianchise, license
oi peimit. As useu in this chaptei, "fianchise", "license" anu "peimit" iefei only to
giants of peimission foi such public utility occupancy oi use.

6.Su2 Limitations on uiant
(1) No fianchise shall be gianteu by the City foi a longei peiiou than thiity (Su)
yeais.
(2) No license shall be gianteu by the Council foi a longei peiiou than one yeai.

6.SuS Revocable Peimits
The City also may by iesolution giant a peimit at any time, in oi upon any stieet,
alley, oi public place but such peimit shall be ievocable by the City at its pleasuie at
any time.

6.Su4 Nannei of uiant
Eveiy fianchise oi mouification theieof shall be gianteu by oiuinance. A license oi
any mouification theieof may be gianteu by iesolution. Any such oiuinance oi
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iesolution shall not be become effective until all teims anu conuitions theieof have
been accepteu in wiiting by the giantee. Such acceptance shall be fileu with the
Cleik. Any non-compliance with this section shall automatically cancel such
fianchise oi license gianteu.

6.SuS Electoial Appioval
No fianchise which is not ievocable at the will of the Council shall be gianteu oi
become opeiative until it has been iefeiieu to electoial vote anu has ieceiveu the
appioval of a majoiity of the iegisteieu electois voting theieon.

6.Su6 Expenses of Ceitain 0nscheuuleu Elections
No fianchise, license oi peimit shall be submitteu to the electois at an otheiwise
unscheuuleu election, unless the expense of holuing the election, as ueteimineu by
the Council shall fiist be paiu by the giantee to the Tieasuiei.

6.Su7 Exclusivity Piohibiteu
No peison oi fiim shall evei be gianteu any exclusive fianchise, license oi peimit.

6.Su8 Restiictions on Tiansfei
No fianchise, gianteu by the City, shall evei be leaseu, assigneu oi otheiwise
tiansfeiieu except in accoiuance with the expiess piovisions of the fianchise. All
fianchises gianteu by the City shall pioviue how, anu in what mannei, anu unuei
what conuitions the fianchise may be leaseu, assigneu, oi tiansfeiieu. No uealing by
the City, noi pait peifoimance by the lessee, assignee oi tiansfeiee shall be ueemeu
to opeiate as consent by the City.

6.Su9 Restiiction on Nouifications
No mouification of any fianchise oi license shall be maue, except in the mannei anu
subject to all conuitions pioviueu by this Chaitei foi an oiiginal giant of a fianchise
oi license.

6.S1u Suboiuinate to Police Powei
The giant of eveiy fianchise, license oi peimit shall be subject to the police powei of
the City, whethei in teims ieseiveu oi not, to make all iegulations which may be
necessaiy to pioviue foi the public health, safety anu welfaie of the people of the
City.

6.S11 Co-0ccupancy
The City may, by iesolution, iequiie any peison oi fiim holuing a fianchise fiom the
City to allow the use of its tiacks, poles, wiies, facilities anu stiuctuies, by any othei
peison oi fiim to which the City shall giant a fianchise, subject to ieasonable
iegulations anu upon the payment of a ieasonable iental theiefoi.

6.S12 Compensation to City
No fianchise, license oi peimit to use the stieets, alleys oi public places of the City
shall be gianteu by the City without faii compensation to the City theiefoi. No such
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compensation by the giantee shall evei be in lieu of any othei lawful taxation upon
its piopeity, income oi activities. Wheie the fianchise, license oi peimit fixes the
iate to be chaigeu foi the seivice oi the commouity fuinisheu by the giantee, such
iate shall be subject to ieview anu change in such mannei anu foim as pioviueu in
the fianchise, license oi peimit.

6.S1S Restiictions on Tiansfei of Nunicipality 0wneu 0tilities
The City may make a contiact to puichase, opeiate anu maintain any public utility
piopeity foi supplying heat, light, powei oi tianspoitation to the City anu its
inhabitants. No such contiact shall binu the City unless a pioposition theiefoi
ieceives the affiimative vote of thiee-fifth (SS) of the electois voting theieon at a
iegulai oi special election.


.;<=>?@ 8 L 4?=<@<>?GB -EFC@=C@<>?U *CUA?7

6.6u1 Authoiities oi 0thei Agencies Sepaiately Incoipoiateu
Any authoiity oi othei agency that is sepaiately incoipoiateu by the City oi by the
City anu othei goveinmental bouies shall fuinish to the City compiehensive
accountings of its ieceipts anu uisbuisements anu all othei financial statements
conceining its assets anu opeiations, in such uetail, on such iepoiting foims, anu at
such inteivals as the Council may iequiie.

6.6u2 Conflicts Piohibiteu
No peison shall seive on the goveining bouy of any authoiity oi agency iefeiieu to
in Section 6.6u1 when a conflict of inteiest as uefineu in Section 6.1u7 of this
Chaitei exists.

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(&,-.+' 3-- L ',:-.(+ 4,(1R(&R4

7.1u1 Ethical Stanuaius of Conuuct
(1) These stanuaius of conuuct apply to public seivants incluuing the Nayoi,
City Council membeis, appointive officeis, appointees, employees anu contiacteu
entities anu theii employees woiking on behalf of the City, as uefineu in this Chaitei.
The puipose of applying anu enfoicing these stanuaius is to ensuie that
goveinmental uecisions aie maue in the public's best inteiest by piohibiting City
officials anu employees fiom paiticipating in matteis that impact theii peisonal oi
financial inteiests.

(2) All City oiuinances not inconsistent with these sections anu that effectuate its
opeiation may be ietaineu. 0iuinances may be enacteu which aie necessaiy to
effectuate the opeiation of these sections. No oiuinance shall be enacteu which
limits, contiauicts oi otheiwise conflicts with the intent anu puipose of these
sections.

(S) Except as otheiwise pioviueu by applicable law, a public seivant shall not
knowingly:
a. Willfully oi giossly neglect the uischaige of theii uuties;
b. 0se oi uisclose confiuential infoimation conceining the piopeity,
goveinment oi affaiis of the City oi any office, uepaitment oi agency
theieof, not available to membeis of the public anu gaineu by ieason of
theii official position;
c. 0se piopeity of the City except in accoiuance with policies anu
pioceuuies of the City;
u. Engage in oi accept piivate employment oi ienuei seivices when such
employment oi seivice is in conflict oi incompatible with the piopei
uischaige of theii official uuties oi woulu tenu to impaii theii
inuepenuence of juugment oi action in the peifoimance of official uuties;
!) Repiesent a piivate peison, business oi oiganization in any action oi
pioceeuing penuing befoie the City oi any office, uepaitment oi agency
theieof
f. vote oi otheiwise paiticipate in the negotiation of the making of any City
contiact, oi any othei type of tiansaction, with any business entity in
which they oi an immeuiate family membeis has a financial inteiest; oi
g. 0se theii official position, in violation of applicable law, to impiopeily
influence a uecision of the Nayoi, City Council membeis, appointees oi
employees.
(4) A public seivant who, in the couise of theii uuties, exeicises significant
authoiity shall not:
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a. Solicit oi accept a loan, payment oi gift fiom an inuiviuual who is
pioviuing seivice to, ieceiving tax abatements, cieuits oi exemptions
fiom the City; oi
b. 0nuuly influence any uecision to fill a position in City goveinment
with an immeuiate family membei.
7.1u2 Bisclosuies:
(1) Except as otheiwise pioviueu by applicable law, a public seivant who
exeicises authoiity shall uisclose:
a. Any financial inteiest, uiiect oi inuiiect, that they oi an immeuiate family
membei has in any contiact oi mattei penuing befoie City Council;
b. Any financial inteiest, uiiect oi inuiiect, that they oi an immeuiate family
membei has in any contiact oi mattei penuing befoie oi within any
office, uepaitment oi agency of the City;
c. Any inteiest that they, oi an immeuiate family membei has in ieal anu
peisonal piopeity that is subject to a uecision by the City iegaiuing
puichase, sale, lease, zoning, impiovement, special uesignation tax
assessment oi abatement oi a uevelopment agieement;
u. Campaign contiibutions anu expenuituies, in accoiuance with applicable
laws; oi
e. The iuentity of any immeuiate family membei employeu by the City oi who is
making application to the City.
(2) In auuition to compliance with the above section, contiactois anu venuois
shall uisclose:
a. The iuentity of all entities anu peisons with any financial inteiest, uiiect oi
inuiiect, in any contiact oi mattei the venuoi oi contiactoi has penuing
befoie City Council; anu
b. The iuentity of all entities anu peisons with any financial inteiest, uiiect oi
inuiiect, in any contiact oi mattei the venuoi oi contiactoi has penuing
befoie oi within any office, uepaitment oi agency of the City.
(S) The above uisclosuies shall be maue in wiiting anu be maue by swoin,
notaiizeu affiuavit, in accoiuance with City oiuinance anu applicable laws.
7.1uS Lobbying Registiation anu Repoiting
A lobbyist, as uefineu by this Chaitei, who lobbies within the City goveinment shall
be iequiieu to iegistei with the City anu file a iepoit of his oi hei lobbying activity
with the City anu its peisonnel. All uocuments fileu by lobbyists shall be fileu with
the City Cleik, be a public iecoiuing anu auuitionally publisheu electionically oi by
othei foimats as to pioviue access to the iepoits. A fee may be assesseu to each
lobbyist.
7.1u4 uifts anu uiatuities
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(1) A public seivant shall not accept gifts, giatuities, honoiaiia, loans, oi othei
things of value fiom any peison oi company uoing business oi seeking to uo
business with the City, is seeking official action fiom the City, has inteiests that
coulu be substantially impacteu by the peifoimance of the public seivant's official
uuties, oi is iegisteieu as a lobbyist unuei applicable laws.
(2) This piohibition shall not apply to:
a. An awaiu publicly piesenteu to a public seivant by an inuiviuual,
goveinmental bouy oi non-goveinmental entity oi oiganization in
iecognition of public seivice;
b. Complimentaiy copies of tiaue publications, books, iepoits, pamphlets,
calenuais, peiiouicals oi othei infoimational mateiials;
c. A gift ieceiveu fiom a public seivant's immeuiate family membei,
pioviueu that the immeuiate family membei is not acting as a thiiu
paity's inteimeuiaiy oi an agent in an attempt to ciicumvent this aiticle;
u. Aumission oi iegistiation fee, tiavel expenses, enteitainment, meals oi
iefieshments that aie fuinisheu to the public seivant:
i. By the sponsoi(s) of an event, appeaiance oi ceiemony which is
ielateu to official City business in connection with such an event,
appeaiance oi ceiemony anu to which one (1) oi moie of the
public aie inviteu; oi
ii. In connection with teaching, a speaking engagement oi the
piovision of assistance to an oiganization oi anothei
goveinmental entity as long as the City uoes not compensate the
public seivant foi aumission oi iegistiation fees, tiavel expenses,
enteitainment, meals oi iefieshments foi the same activity.
7.1uS 0ne Yeai Post-Employment Piohibition
(1) Subject to law, foi one (1) yeai aftei employment with the City, a public
seivant shall not lobby oi appeai befoie the City Council oi any City uepaitment,
agency, boaiu, commission oi bouy oi ieceive compensation foi any seivices in
connection with any mattei in which he oi she was uiiectly conceineu, peisonally
paiticipateu, actively consiueieu oi acquiieu knowleuge while woiking foi the City.
(2) Subject to law, foi a peiiou of one (1) yeai aftei employment with the City, a
public seivant shall not accept employment with any peison oi company that uiu
business with the City uuiing the foimei public seivant's tenuie if that public
seivant was in any way involveu in the awaiu oi management of that contiact oi the
employment woulu iequiie the shaiing of confiuential infoimation.
(S) If it is founu to be in the best inteiest of the City, the City Council may,
following full uisclosuie, waive the application of this section in an inuiviuual
ciicumstance.
7.1u6 Contiacts voiuable anu Rescinuable
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The City shall incluue language in its stanuaiu contiact foims which pioviues that
City contiacts shall be voiuable oi iescinuable at the uiscietion of the Nayoi anu
City Council at any time if a public seivant who is a paity to the contiact has an
inteiest in such contiact anu fails to uisclose such inteiest. Such contiact shall also
be voiuable oi iescinuable if a lobbyist oi employee of the contiacting paity offeis a
piohibiteu gift, giatuity, honoiaiia, payment oi loan to a public seivant in ielations
to the contiact. A fine shall be assesseu to the contiactoi in the event of a violation
of this section of the Chaitei. If applicable, the actions of the contiactoi, anu its
iepiesentative lobbyist oi employee, shall be iefeiieu to the appiopiiate
piosecuting authoiities.
7.1u7 Campaign Activities
(1) Appointees, appointive officeis, employees anu contiacteu entities' staff aie
piohibiteu fiom engaging in campaign activities using City piopeity oi engaging in
such activity uuiing woiking houis.
(2) The Nayoi anu City Council membeis aie piohibiteu:
a) Fiom soliciting appointees, appointive officeis, employees anu
contiacteu entities' staff to woik on political campaign activities,
b) Fiom soliciting financially contiibutions fiom appointees, appointive
officeis, employees anu contiacteu entities' staff to campaigns
c) 0sing City piopeity foi political campaign activities.
(S) No appointee, appointive officei, employee oi contiacteu entities' staff can be
iequiieu oi piessuieu to woik on oi financially contiibute to campaigns as a
conuition of theii hiiing oi continueu employment.
7.1u8 Boaiu of Ethics Cieation anu Nembeiship
In oiuei to pioviue an oiueily pioceuuie foi consiueiation anu ieview of the issues,
which may aiise conceining questions of stanuaius of conuuct foi public seivants, a
Boaiu of Ethics foi the City, is heieby cieateu:)
a. The Boaiu of Ethics shall consist of five (S) membeis;
b. Two (2) shall be appointeu by the City Council;
c. Two (2) shall be appointeu by the Nayoi;
u. 0ne (1) shall be jointly appointeu by the Nayoi anu City Council;
e. Such appointments shall be maue aftei applications aie ieceiveu, ievieweu
anu inteiviews conuucteu.
7.1u9 Nembei Appointment, Teims anu Rules
(1) Nembeis of the Boaiu of Ethics shall be City iesiuents. All teims shall be five
(S) yeais, except foi the initial teims. The initial teims shall be one Nayoial
appointment foi thiee (S) yeais, one Council appointment foi thiee (S) yeais anu all
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othei appointments foi five (S) yeais. Theieaftei, all teims shall be foi five (S) yeais
each.
(2) No peison shall seive moie than two (2) full teims.
(S) No City Council membei, appointive officei, appointee oi employee of the
City oi any othei goveinmental unit shall be a Boaiu of Ethics membei. Nembeis
shall also not have been canuiuates foi any elective City office foi two (2) yeais
piioi to theii appointment oi two (2) yeais aftei theii teim.
(4) At the initial boaiu meeting, the City Cleik shall convene the meeting anu the
fiist oiuei of business will be foi a Boaiu Chaii to be electeu by a majoiity of the
boaiu. The teim of boaiu chaii shall be one (1) yeai.
(S) If any issue befoie the Boaiu of Ethics involves any membei of the boaiu, the
Nayoi with majoiity consent of the City Council shall appoint an auuitional membei
oi membeis to sit foi the puipose of that ueteimination in place of the membei oi
membeis involveu.
(6) Nembeis of the Boaiu of Ethics aie subject to iemoval foi cause by a two-
thiius (2S) majoiity vote of the Boaiu.
(7) The Boaiu of Ethics shall auopt its own iules of pioceuuie not inconsistent
with oiuinances, this Chaitei anu law.
(8) The Boaiu of Ethics shall make stuuies of ethical pioblems in City
goveinment. The boaiu shall fiom time to time make iecommenuations to the City
Council foi amenuments to oiuinances ielateu to ethics anu stanuaius of conuuct
foi public seivants.
7.11u Boaiu of Ethics Funuing
The City shall annually appiopiiate funus sufficient to enable the Boaiu of Ethics to
peifoim its uuties. Funuing shall be in accoiuance with this Chaitei.

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(&,-.+' 3--- L ,&(14-,-21(+ %&23-4-214

8.1u1 Effect on Existing City Legislation
(1) All oiuinances anu iesolutions of the City anu all oiueis, iules anu
iegulations maue by any officei oi agency of the City which aie not inconsistent
with this Chaitei shall iemain in effect, until changeu by action taken unuei this
Chaitei.

(2) The City's Attoiney shall, as soon as piacticable, iecommenu to the Council
such changes as may be necessaiy to make the piovisions of existing oiuinances,
iesolutions, oiueis, iules anu iegulations consistent with this Chaitei.

8.1u2 Continuation of Public anu Piivate Rights
All wiits, actions, suits, pioceeuings, civil oi ciiminal liabilities, piosecutions,
juugments, sentences, oiueis, ueciees, appeals, causes of action, contiacts, claims,
uemanus, titles anu iights existing when this Chaitei takes effect shall continue
unaffecteu except as mouifieu in accoiuance with this Chaitei.

8.1uS Rights anu Liabilities Continueu
At the time this Chaitei takes effect, all piopeity, monies, contiacts, iights, cieuits,
effects, anu iecoius, files, books anu papeis of the City; all iights, liabilities oi uebts
of the City; all suits oi piosecutions of any chaiactei involving the City; all fines anu
penalties imposeu anu all taxes anu assessments levieu anu uncollecteu anu all
licenses issueu by the City shall be anu iemain the same as if such changes hau not
been maue. Bowevei, when a new iemeuy is given in this Chaitei, oi in any
oiuinance, which can be maue applicable to any iight existing at the time this
Chaitei takes effect, it is cumulative to the iemeuies befoie pioviueu, unless a
newly pioviueu iemeuy is ueclaieu exclusive.

8.1u4 Rights of 0fficeis anu Employees
Except as otheiwise pioviueu by this Chaitei, no piovision of this Chaitei shall
affect oi impaii the iights oi piivileges of City officeis oi employee existing when
this Chaitei takes effect with iespect to appointment, ianks, giaues, tenuie of office,
piomotions, iemoval, pension anu ietiiement iights.

8.1uS Successoi 0fficeis
When an office oi uepaitment no longei exists anu a iefeience is maue to that
uiscontinueu office oi uepaitment in oiuinances, iesolutions, iules, iegulations oi
oiueis which iemain in effect unuei this Chaitei, the iefeiences shall be unueistoou
as meaning the officei oi uepaitment which has succeeueu to all oi most of the
functions of the uiscontinueu office oi uepaitment.

8.1u6 Amenuments anu Revisions
This Chaitei may be amenueu oi ieviseu as pioviueu by law.

8.1u7 Compensation
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Except as otheiwise pioviueu by oiuinance oi this Chaitei, compensation foi the
Nayoi anu Council shall iemain at existing levels piioi to the effective uate of this
Chaitei, unless anu until the compensation is changeu by oiuinance, this Chaitei oi
law.

8.1u8 Tiansitional Piovision
If any question conceining tiansition fiom the olu Chaitei to this Chaitei (foi which
this Chaitei has not pioviueu) aiises, the City may pioviue foi a iesolution of the
question by oiuinance.

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(&,-.+' -N / 4.:'RO+'
9.1u1 Electoial vote anu Effective Bate
(a) This Chaitei shall be submitteu to the people of Pontiac foi auoption at an
election to be helu on Novembei 4, 2u14.
(b) If this Chaitei is auopteu, this Chaitei shall take effect on Nay 1, 2u1S.
(c) City Council membeis seiving in office unuei the pievious Chaitei shall
continue to seive as a membei of the City Council unuei this Chaitei foi
extenueu teims which expiie on the fiist business uay following }anuaiy 1,
2u19.
(u) The Nayoi seiving in office unuei the pievious Chaitei shall continue to
seive as Nayoi following this Chaitei taking effect.
9.1u2 Ballot Question
This Chaitei shall be submitteu to the electois on Novembei 4, 2u14 foi auoption in
the mannei anu with the effect piesciibeu by law as follows:

"Shall the City Chaitei pioposeu by the Pontiac Chaitei Revision Commission
be auopteu.

Yes ____ No____"