The meeting of any board or commission established by the Charter of the city or by this Code of Ordinances may be called by any one of the following methods or persons:

(1)

By the chairman of the board or commission;

(2)

By the city clerk; or

(3)

By the written request of any two members of the board or commission.

(Code 1958, § 1-107; Ord. No. 217, § 1, 1-14-63)

Whenever the building code of the city or any other ordinance of the city, other than the zoning ordinance, shall provide for a person to obtain the prior special approval of the city council, such person shall, if his application is approved, comply in every respect to such approval within six months from the date of granting such approval. If physical construction or the implementation of the use has not commenced within the six-month period, said special approval shall become null and void. Provided, however, that if in the event such person shall determine that he cannot comply with the special approval grant within said six-month period, he shall, within 30 days prior to the expiration of such six-month period, make further application to the city council for an extension of such grant and the council may, within its discretion, grant a further extension not to exceed a total grant period of one year.

(Ord. No. 531, § 1, 10-14-74)

Cross reference— Granting of permits for soil removal, § 11-33; granting of permits for landfills, § 11-60.

(a)

All cash bonds deposited with the city before December 3, 1970, pursuant to ordinances of the city which have been on deposit for a period of two years or more which have not been used for the purpose intended, shall be declared forfeit and transferred from the city's deposit and trust fund to the city's general fund; provided, however, that prior to such transfer, the city treasurer shall, by certified mail, send a notification to the principals at their last known address notifying them that unless said bond is claimed within 30 days from the date of mailing, said bond will be canceled and forfeited and the funds transferred to the city's general fund. After the expiration of the 30-day period all claims by the surety or principal, their successors or assigns, shall be invalid and unenforceable.

(b)

All cash bonds deposited with the city after December 3, 1970, to guarantee performance required under various ordinances, which have not been refunded by the department requiring the bond, in due course shall be forfeited after two years' lapse of time, unless the bond depositor has previously made a written request for refund, or an extension of time to a specific date. Cash bonds forfeited after the two year period shall be deposited in the city's general fund.

(Code 1958, §§ 2-1001, 2-1002; Ord. No. 433, § 1, 11-23-70)

There is hereby established an office of purchasing director, who shall be appointed by the city manager with the approval of the city council and whose duties shall be that of obtaining bids for goods and materials in accordance with the provisions of the charter of the city and of overseeing and approving all purchases made by all of the department heads or their assistants within the City of Madison Heights and who shall be charged with investigating the quality and the necessity of making such purchases, and shall, with the approval of the city manager, be authorized to reject any request for purchases being made by department heads and their assistants.

(Ord. No. 611, § 3, 4-17-78; Ord. No. 1023, § 1, 2-24-03)

Editor's note— Ord. No. 611, §§ 1—3, passed April 17, 1978, superseded former section 2-4 which contained provisions relative to a personnel director-purchasing agent, and which was derived from Ord. No. 575, § 1, 6-14-76. Said former section 2-4 was specifically repealed by Ord. No. 609, adopted 4-17-78.

The new position of community development director is hereby created. The community development director shall have supervision over the planning, engineering, and building departments, and perform such other duties as may be assigned to him from time to time by the city manager and shall be responsible directly to the city manager.

(Ord. No. 582, § 1, 6-14-76)

Editor's note— Ord. No. 582, § 1, adopted June 14, 1976, did not expressly amend the Code, hence codification herein as § 2-5 was at the editor's discretion.

There is hereby created the position of personnel director for the City of Madison Heights, who shall be appointed by the city manager with the approval of the city council, whose duties shall be that of interviewing new applicants for positions within the city, care, maintenance, and control over all personnel files, and such other duties as may be assigned to him or her from time to time by the city manager. Said personnel director shall be directly responsible and report to the city manager concerning his or her activities.

(Ord. No. 610, § 1, 4-17-78)

Editor's note— Ord. No. 610, § 1, passed April 17, 1978, was not amendatory of the Code; therefor, codification herein was at the editor's discretion.

(a)

After the effective date of this section, all meetings of the Madison Heights City Council, special and/or general, shall be televised on local cable television unless there are technical difficulties which will interfere with the televising of such meetings except as provided hereafter.

(b)

It shall not be required to have a special meeting televised if the only purpose of such special meeting is to vote to go into a closed meeting for such purposes as provided under the Open Meetings Act of the State of Michigan.

(c)

In the event the Madison Heights City Council, during the course of a televised open meeting, votes to enter into a closed meeting for such purposes as provided in the Open Meetings Act of the State of Michigan, it shall not be required of the city council to return to an open meeting to adjourn unless it is the intent of the city council to return to an open meeting to carry on business which is not exempt under the Open Meetings Act of the State of Michigan.

(Ord. No. 713, § 1, 12-12-83; Ord. No. 791, § 1, 11-10-86)

(a)

Authorization to issue and serve. The fire chief, fire inspector, chief building inspector, assistant building inspectors, zoning inspectors, animal control officers, code enforcement officers and his/her assistants are hereby authorized to issue and serve appearance tickets for violations of local ordinances of the City of Madison Heights if they have reasonable cause to believe that the person upon whom or to whom said appearance ticket is issued has committed an offense of such ordinances.

(b)

Definition and description. "Appearance ticket" shall mean a complaint or written notice issued and subscribed by a police officer or other public servant authorized by law or ordinance to issue it, directing a designated person to appear in the 43rd Judicial District Court at a designated future time in connection with his or her alleged commission of a designated violation or violations of state law or local ordinance for which the maximum permissible penalty does not exceed 90 days in jail and a fine of $500.00. The appearance tickets shall be numbered consecutively, be in such form as determined by the attorney general, the state court administrator and the director of the department of state police, and shall consist of the following parts:

(1)

The original which shall be a complaint or notice to appear by the officer and filed with the court.

(2)

The first copy which shall be the abstract of court record.

(3)

The second copy which shall be retained by the local enforcement agency.

(4)

The third copy which shall be delivered to the alleged violator.

(c)

Modification. With the prior approval of such state officials, such appearance ticket may be appropriately modified as to content or number of copies to accommodate law enforcement and local court procedures and practices.

(Ord. No. 762, §§ 1—3, 9-23-85)

Editor's note— Having not specifically amended the Code; the provisions of Ord. No. 762, §§ 1—3, adopted Sept. 23, 1985, have been codified as § 2-8 at the editor's discretion.

Each city officer shall perform all duties required of his office by state law and the Charter and this Code, and such other duties not in conflict therewith as may be required by the city manager.

(Code 1958, § 2-201)

The head of each administrative department, except as otherwise provided in this Code, shall be responsible to the city manager for the effective administration of his respective department and all activities assigned thereto. The city manager may set aside any action taken by a department head and may supersede him in the functions of his office. In the event of a vacancy in office or during the absence of any department head, the city manager may designate an interim acting head or perform personally the functions of that office. All department heads shall keep informed as to the latest practices in their particular field and shall inaugurate, with the approval of the city manager, such new practices as appear to be of benefit to the city service and the public.

(Code 1958, § 2-202)

A report of the activities of each department shall be made to the city manager at the end of each fiscal year and quarterly thereafter. These reports shall be filed by the head of each department with the city manager within 30 days after each report is due. A summary of all these reports shall be made by the city manager and submitted to the council. Each department head shall establish a system of records and reports in sufficient detail to furnish all information necessary for proper control of departmental activities and to form a basis for the required periodic reports to the city manager.

(Code 1958, § 2-203)

Each department head shall be held responsible for the preservation of all public records under his jurisdiction and shall provide a system of filing and indexing the same. No public records, reports, correspondence or other data relative to the business of any department shall be destroyed or removed permanently from the files without the knowledge and approval of the city manager.

(Code 1958, § 2-204)

It shall be the duty of each department head, subject to such rules as the city manager may prescribe, to furnish to any other department such service, labor and materials as may be requisitioned by the head of such department, as its own facilities permit, through the same procedure and subject to the same audit and control as other expenditures are incurred.

(Code 1958, § 2-205)

The city manager may direct any department, division or bureau to perform the work for any other department, division or bureau, or may delegate to any officer or employee any duties other than those established for the department, division or bureau to which he may be assigned.

(Code 1958, § 2-206)

Each department head shall have authority, subject to the approval of the city manager, to appoint and remove all subordinates under him.

(Code 1958, § 2-207)

The heads of each department and such other officers and employees as the city manager may designate shall compose the administrative staff. The staff shall convene at the request of the city manager and shall advise and consult with him upon all matters affecting the welfare of the city or relating to any or all departments.

(Code 1958, § 2-208)

The city manager is authorized to appoint from the administrative service such committees and the officers thereof as he may deem necessary to consider any administrative problem. Such committees shall convene at the request of the city manager and report to him and make such recommendations on the matters considered as in their opinion will promote the best interests of the city. Minutes of the meetings of each committee shall be kept and filed by the committee secretary.

(Code 1958, § 2-209)

The city manager is authorized to issue such administrative regulations in addition to those contained in the Charter and this Code as may be required for the efficient operation of all departments.

(Code 1958, § 2-210)

Editor's note— Ord. No. 893, § 1, adopted May 26, 1992, repealed § 2-25, which pertained to the assistant city manager for management and budget, and was derived from Ord. No. 612, § 1, adopted May 23, 1978; Ord. No. 745, § 1, adopted Nov. 13, 1984; and Ord. No. 789, § 1, adopted Aug. 11, 1986.

Editor's note— Ord. No. 893, § 2, adopted May 26, 1992, repealed § 2-26, which pertained to the assistant city manager for public service, and derived from Ord. No. 613, § 1, adopted May 23, 1978.

There is hereby created, in accordance with the Charter of the city, the office of city clerk, who is hereby charged with and shall carry out the duties and functions required to be performed by the city clerk by the terms of the Charter, and the city clerk shall perform such other duties and functions as may from time to time be prescribed by the council and the city manager.

(Code 1958, § 2-701; Ord. No. 174, § 1, 2-27-61)

The city clerk shall be appointed by the city manager for an indefinite period, subject to confirmation by the council and shall hold such office at the discretion of the city manager.

(Code 1958, § 2-702; Ord. No. 174, § 1, 2-27-61)

The city clerk shall be responsible to the city manager and shall receive compensation fixed by the city manager in accordance with budget appropriations, subject to approval of the council.

(Code 1958, § 2-703; Ord. No. 174, § 1, 2-27-61)

The city clerk, subject to approval of the city manager, shall appoint deputy city clerks, who shall possess all the powers and authority of the city clerk, and may exercise all the duties and functions of said office. The city clerk shall be responsible for all the acts and defaults of such deputies and may remove such deputies at his pleasure.

(Code 1958, § 2-704; Ord. No. 174, § 1, 2-27-61)

There is hereby created, in accordance with the Charter of the city, the office of city treasurer, who is hereby charged with and shall carry out the duties and functions required to be performed by the city treasurer by the terms of the Charter, and the city treasurer shall perform such other duties and functions as may from time to time be prescribed by the city council and the city manager.

(Code 1958, § 2-710; Ord. No. 174, § 2, 2-27-61)

The city treasurer shall be appointed by the city manager for an indefinite period, subject to confirmation by the council and shall hold such office at the discretion of the city manager.

(Code 1958, § 2-711; Ord. No. 174, § 2, 2-27-61)

The city treasurer shall be responsible to the city manager and shall receive compensation fixed by the city manager in accordance with budget appropriations, subject to approval of the council.

(Code 1958, § 2-712; Ord. No. 174, § 2, 2-27-61)

The city treasurer, subject to approval of the city manager, shall appoint a deputy city treasurer, who shall possess all the power and authority of the city treasurer and may exercise all the duties and functions of said office. The city treasurer shall be responsible for all the acts and defaults of such deputy and he may remove such deputy at his pleasure.

(Code 1958, § 2-713; Ord. No. 174, § 2, 2-27-61)

(a)

The city treasurer shall make or cause to be made, on application therefor, transcripts of any papers or records on file in his office upon payment by the applicants therefor of such fees as adopted by council resolution:

(1)

For abstracts of taxes on any description of land, $0.10 for each year covered by such abstract;

(2)

For abstracts with statement of name and residence of taxpayers, $0.25 per year for each description of land therein;

(3)

For list of state tax lands or state bids, $0.10 for each description of land therein;

(4)

For one copy of any paper or document at the rate of $0.25 per 100 words;

(5)

For each certificate, $0.25;

(6)

Provided further that in no case shall any abstract, list, copy or statement made as required by this section, be furnished for a less sum than $0.50.

(b)

All moneys collected under the provisions of this section shall be paid into the general fund of the city.

(Code 1958, § 2-714; Ord. No. 287, § 1, 7-25-66)

The department of public works is hereby created.

(Code 1958, § 2-123)

Charter reference— Authority to create departments, § 3.6.

The department of public works shall be under the supervision of the superintendent of public works. He shall have charge of the construction, operation and maintenance of the city water distribution and sewage systems, the maintenance of all public ways, and shall be responsible for all matters relating to the maintenance and operation of the physical properties of the city.

(Code 1958, § 2-123)

The department of engineering is hereby created.

(Code 1958, § 2-124)

Charter reference— Authority to create departments, § 3.6.

The department of engineering shall be supervised by the city engineer, who shall be a civil engineer, registered in this state, and experienced and familiar with all municipal engineering duties. He shall perform such engineering services for the city as may from time to time be required, and shall perform or supervise all engineering services relative to construction work undertaken by the city.

(Code 1958, § 2-124)

There is hereby created a commission to be known as the "compensation commission" to establish compensation for elected officials of the city. The commission shall consist of seven members who are registered electors of the city and shall be appointed by the mayor, subject to confirmation by a majority of the members elected and serving as the city council.

(Code 1958, § 2-211; Ord. No. 454, § 1, 4-24-72)

The term of office of each of the members of the compensation commission shall be for seven years except that of the members first appointed, one each shall be appointed for terms of 1, 2, 3, 4, 5, 6 and 7 years. Members shall be appointed before October first of the year of appointment.

(Code 1958, § 2-212; Ord. No. 454, § 1, 4-24-72)

Vacancies on the compensation commission shall be filled for the remainder of the unexpired term. Any member or employee of the legislative, judicial or executive branch of the city or members of the immediate family of such member or employee shall be ineligible to be a member of the commission.

(Code 1958, § 2-213; Ord. No. 454, § 1, 4-24-72)

The compensation commission shall meet for not more than 15 session days in every odd numbered year and shall make its determination within 45 calendar days of its first meeting. The majority of the members of the commission shall constitute a quorum for conducting the business of the commission. The commission shall take no action or make no determination without a concurrence of the majority of members appointed and serving on the commission. The commission shall elect a chairman from among its members. "Session day" means any calendar day which the commission meets and a quorum is present. The members of the commission shall receive no compensation but shall be entitled to their actual and necessary expenses incurred in the performance of their duties.

(Code 1958, § 2-215; Ord. No. 454, § 1, 4-24-72)

The compensation commission shall determine the salaries of elected officials in the city which determination shall be the salaries unless the mayor and council by resolution adopted by two-thirds of the members elected to and serving shall reject them. The determinations of the commission shall be effective 30 days following the filing with the city clerk of such determination unless rejected by the city council. In case of rejection the existing salary shall prevail. Any expense allowance or reimbursement paid to elected officials in addition to salary shall be for expenses, incurred in the course of city business and shall be accounted for to the city.

(Code 1958, § 2-214; Ord. No. 454, § 1, 4-24-72)

There is hereby created a city plan commission composed of nine members. The commission shall be the mayor, an administrative official selected by the mayor and a member of the council selected by it, as members ex officio; and six members, persons who shall be appointed by the mayor and who shall represent insofar as possible different professions or occupations, and who shall be approved by a majority vote of the council. The appointed members shall hold no other municipal office, except that one of the appointed members may be a member of the board of appeals on zoning.

(Code 1958, § 2-301; Ord. No. 131, § 1, 7-27-59)

The term of each of the six appointed members of the plan commission shall be for three years, except that two members of the first commission shall be appointed for one year, two members shall be appointed for two years and two members shall be appointed for three years. The terms of ex officio members shall correspond to their respective official tenures, except that the term of the administrative official selected by the mayor shall terminate with the term of the mayor selecting him. All members of the commission shall serve without compensation.

(Code 1958, § 2-302; Ord. No. 94, § 1, 6-11-58; Ord. No. 131, § 1, 7-27-59)

Members other than the member selected by the council may, after a public hearing, be removed by the mayor for insufficiency, neglect of duty, or malfeasance in office. The council for like cause may remove the member selected by it. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the mayor in the case of members selected or appointed by him and by the council in the case of the councilman member, in the same manner as appointed in the first instance.

(Code 1958, § 2-203; Ord. No. 131, § 1, 7-27-59)

The members of the plan commission shall elect a chairman and a secretary and may designate such other assistants as may be necessary. The commission shall prescribe the duties of the secretary and of such other assistants subject to the approval of the council. The commission may from time to time employ engineers and other experts subject to the approval of the council and pay for their services out of such funds as have been appropriated by the council.

(Code 1958, § 2-304)

The plan commission shall hold regular meetings at least once each month and as many special meetings as it shall deem necessary, and shall designate the time and place thereof. It shall adopt its own rules of procedure and keep a record of its proceedings. Detailed accounts of its receipts and disbursements of funds shall be kept. All meetings, records and accounts of the commission shall be maintained in a permanent file. Five members of the commission shall constitute a quorum for the transaction of business. All action of the commission shall be by a majority of the members present and voting.

(Code 1958, § 2-305; Ord. No. 131, § 1, 7-27-59)

Upon petition filed with the council, the subject matter of which is within the scope of the powers and duties of the plan commission, such petition shall be referred to the commission. The commission shall give notice of a public hearing to all persons having an interest in land within a radius of 500 feet of the area which is the subject matter of said petition; said notice is to be given at least three days prior to the holding of the meeting, by mail, notifying such interested persons of the filing of the petition and the time and place at which the hearing is to be held. Failure to receive such notification shall in no way invalidate any action taken at such or any subsequent hearing. At such public hearing the commission shall hear all persons interested in said petition and shall thereafter hold such further hearings as it may deem necessary. Upon the conclusion of the hearing or hearings the commission shall within a period of 30 days, submit either its approval or denial of said petition to the council and the mayor. If the petition is approved, the council shall then give notification of a public hearing in accordance with the provisions of the statutes of the state and shall, after such public hearing, either grant or deny said petition. If the commission shall recommend denial of said petition, the petitioner may request further hearing before the council and the mayor, and such hearing may be granted in the discretion of the council.

(Code 1958, § 2-306)

The general powers and duties of the plan commission shall be as follows:

(a)

The commission shall procure information and make recommendations to the mayor and the council as to all facts bearing upon the needs of the city with regard to recreation grounds, the development and improvement of parks and boulevards, the extension or opening of streets and avenues, or other public ways or places, and city plans and improvements generally.

(b)

The commission shall receive and report on suggestions offered by citizens or officials within the scope of its powers, and when it deems such suggestions practicable to report them to the mayor and the council with its recommendations.

(c)

The commission shall provide plans for all original landscaping work to be done by the city in the parks and on the boulevards hereafter acquired.

(d)

The commission shall:

(1)

Formulate a plan to regulate and restrict the location of trades and industries and buildings designed for specific uses, the height and bulk of buildings hereafter erected, and

(2)

Divide the city into zones in such number, shape and area as may seem best suited to carry out a definite plan for the betterment of the city, and upon its approval and adoption by the mayor and council.

(e)

The commission shall have power to pass upon the acceptance of all plats of land within the limits of the city.

(f)

The commission shall approve any sketch or plan of any gift to the city in the form of a monument or memorial, and the proposed location thereof, and no gift shall be accepted unless the plan or sketch and the location of such monument is so approved.

(g)

The commission shall, when requested by the mayor and the council, or either of them, or by any other commission or department, act in an advisory capacity in respect to plans for and the location of public buildings, bridges or other structures erected or to be erected by the city.

(h)

The commission shall have the power to call on any other department for assistance in the performance of its duties under this article and it shall be the duty of such other department to render such assistance as may be reasonably required. Questions as to what shall constitute a reasonable requirement shall be determined by the council.

(i)

The commission shall have such other powers as are prescribed in this Code or may be necessary for the proper discharge of its duties.

(Code 1958, § 2-307)

If the plan commission fails to decide any matter submitted to it within 90 days after such submission, such failure shall be deemed to be an approval by the commission.

(Code 1958, § 2-308)

On or before the second day of January of each year, the plan commission shall transmit in duplicate to the city manager its estimate of the funds required for its purposes for the ensuing fiscal year.

(Code 1958, § 2-309)

The plan commission shall, on or before the 15th day of January of each year, make a written report to the council of the work of the commission during the preceding year. The report shall be certified by the commission and entered on record by the city clerk, and published in such manner as the council may direct. The commission shall also make such other reports as the council may, from time to time, require.

(Code 1958, § 2-310)

The following provisions shall apply to all city boards and commissions unless otherwise provided for by the board or commission ordinance or by state law.

(Ord. No. 2131, § 1, 3-11-19)

The meeting of any board or commission established by the Charter of the city or by this Code of Ordinances may be called by any one of the following methods or persons:

(a)

By the chairman of the board or commission;

(b)

By the city clerk; or

(c)

By the written request of any two members of the board or commission.

(Ord. No. 2131, § 1, 3-11-19)

The appointing authority may remove any member of any board or commission for cause. Members may be removed by the mayor and city council for insufficiency, neglect of duty or malfeasance in office. Three or more unexcused absences in a calendar year shall be grounds for removal of a board member for neglect of duty.

(Ord. No. 2131, § 1, 3-11-19)

Unless otherwise provided, any vacancy occurring in the membership of any board or commission of this city shall be filled for the remainder of the unexpired term in the manner provided for in the original appointment.

(Ord. No. 2131, § 1, 3-11-19)

Unless otherwise provided, all members of boards and commissions shall serve without compensation as members thereof.

(Ord. No. 2131, § 1, 3-11-19)

(a)

Except as otherwise required by law, beginning with 2019, terms of all members of the following boards and commissions, other than city council and ex-officio administrative staff members, shall terminate on February 28 following the dates on which their terms are scheduled to expire. No terms shall be shortened by this provision:

Charter Revision Committee

Civil Service Commission

Historical Commission Downtown Development Authority

Information Technology Advisory Committee

Park and Recreation Advisory Board

Municipal Building Authority — inactive

Tax Board of Review

Environmental Citizens Commission

Brownfield Redevelopment Authority

Zoning Board of Appeals

(b)

Except as otherwise required by law, beginning with 2019, terms of all members of the following boards and commissions, other than city council and ex-officio administrative staff members, shall terminate on August 31 following the dates on which their terms are scheduled to expire. No terms shall be shortened by this provision:

Active Adult Advisory Board

Arts and Culture Advisory Board

Community Development Block Grant Committee

Crime Commission

Elected Officials Compensation Commission

Library Advisory Board

Planning Commission

Police/Fire/General Pension Boards

Construction Board of Appeals

Economic Development Corporation — inactive

Project Directors — proposed inactive

Multicultural Relations Advisory Board

(c)

Beginning after February 28, 2019, new terms for board or commission members shall be established so that as nearly as possible, the terms of the same number of members expire each year. Until a proper rotation is established, appointments for shorter terms that provided in the City Code shall be made if necessary.

(Ord. No. 2131, § 1, 3-11-19)

(a)

Except where the composition of the membership is governed by law, all boards and commissions may have one voting ex-officio councilmember and one ex-officio councilmember alternate, with full voting rights in the absence of the regular council delegate.

(b)

Except where the composition of membership is governed by state law, all boards and commissions may have ex-officio alternate members. The number of alternate members on each board and commission shall be determined by city council. The alternate member shall have full voting rights in the absence of the regular board or commission member that is absent.

(Ord. No. 2131, § 1, 3-11-19)

(a)

Attendance by 50 percent or more of the current membership of the commission shall constitute a quorum for the transaction of business. Any action of the commission shall require a concurrence of the majority of quorum present at the meeting.

(Ord. No. 2131, § 1, 3-11-19)

When used in this article, the following words, terms and phrases shall be deemed to have the meanings respectively ascribed to them:

Appropriation. Sum of money from public funds set aside for a specific purpose; legislative authorization to expend public funds for a specific purpose.

Competitive sealed bid. Method of acquiring goods, services, and construction for public use in which award is made to the lowest responsive and responsible bidder, based solely on the response criteria set forth in the bid documents, and does not include discussions or negotiations with bidders. Solicitation of sealed bids shall be posted at City Hall and on the city's official website a minimum of five days prior to due date.

Only those sealed bids received on a timely basis shall be publicly opened. All others shall be rejected and returned unopened to bidder. Competitive sealed bids may be received electronically through a process detailed in the bid documents that shall ensure the security, authenticity, and confidentiality of the bids to the same extent as is provided for with sealed paper bids.

Contract. Any agreement entered into by the city for the procurement of supplies, materials, equipment, contractual services or construction, but not including collective bargaining agreements.

Cooperative purchasing. The combination of procurement requirements of two or more public agencies in order to obtain the benefits of volume purchases and/or reduction in administrative expense.

Encumbrances. Obligations in form of purchase orders or contracts which are chargeable to an appropriation and for which a part of the appropriation is reserved.

Formal bid limit. Shall mean $15,000.00.

Minimum quotation threshold. Shall mean $5,000.00.

Purchasing. The act and process of procuring equipment, materials, supplies, and services. This includes the process of buying or leasing including determination of need, selection of vendor or contractor, arriving at a fair and reasonable price and terms, preparation of contract or purchase order and follow-up to ensure timely delivery.

Quality based selection. Vendor selection based on demonstrated competence and qualifications followed by contract negotiation with the most qualified firm relative to fair and reasonable compensation.

Request for proposals. A method for acquiring goods, services and construction for public use in which other factors will be considered in the selection of vendor in addition to price, or when there is not sufficient information to prepare a specification suitable for competitive sealed bidding, or when it is expected that negotiations with one or more vendors may be required with respect to any aspect of the requirements.

Responsible bidder. A prospective vendor who has the capacity in all respects to perform fully the contract requirements, and the experience, integrity, perseverance, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.

Responsive bidder. A prospective vendor who has submitted a bid which conforms in all material respects to the requirements stated in the invitation for bids.

(Ord. No. 1023, § 1, 2-24-03; Ord. No. 2164, § 1, 1-11-21)

(a)

Emergency: unencumbered fund balance. Except in an emergency, no purchase or contract shall be entered into unless there is sufficient unencumbered balance in the fund from which the purchase or contract is to be paid.

(b)

Long-term contracts. A contract for supplies, equipment or services may be entered into for up to three years provided that funds are available for the first fiscal period at the time of issuance. Payment and performance obligations for succeeding periods shall be subject to the availability and appropriation of funds as set forth in the annual budget.

(Ord. No. 1023, § 1, 2-24-03)

The city may join in cooperative purchasing arrangements with other public agencies. The city may accept extended government pricing with appropriate documentation, if it is determined by the city manager to be cost-effective and in the city's best interest.

(Ord. No. 1023, § 1, 2-24-03)

(a)

Purchases less than the minimum quotation threshold. If appropriations are approved by the city council in the budget, the purchasing officer and department heads are authorized to make purchases and contracts in an amount not to exceed the minimum quotation threshold, without further approval of city council. Such purchases or contracts shall be made utilizing the most practical and reasonable procurement method that maximizes the city's purchasing power.

(b)

Purchases between the minimum quotation threshold and the formal bid limit. If appropriations are approved by the city council in the budget, the purchasing officer, in conjunction with the respective department head, is authorized to make purchases and contracts in an amount estimated to exceed the minimum quotation threshold, but not to exceed the formal bid limit, without further approval of city council. Such purchases or contracts shall require the solicitation of price quotations. This provision shall not apply to purchases or contracts where quotations are impractical. Such purchases or contracts shall contain supporting documentation.

(c)

Purchases exceeding the formal bid limit.

(1)

Formal competition required. Purchases or contracts estimated to exceed the formal bid limit shall require "formal" competition as deemed appropriate, including but not limited to competitive sealed bids, requests for proposals, quality-based selection or negotiated purchases. The award shall be made by the city council.

(2)

Change orders. Change orders to contracts authorized by city council, including construction contracts, may be authorized by the city manager without further city council approval if funds are available to cover said change order.

(Ord. No. 1023, § 1, 2-24-03)

No contract or purchase shall be artificially divided to circumvent the purchasing procedures in this article.

(Ord. No. 1023, § 1, 2-24-03)

Any salvage, surplus material or equipment may be disposed of in a manner which is determined to be in the best interest of the city.

(Ord. No. 1023, § 1, 2-24-03)

Subject to the restrictions of the Charter, in the event of any emergency any department or division thereof may purchase directly any supplies, materials, services or equipment the immediate procurement of which is essential to the continuance of the work of the department, provided written notice of such emergency purchase is forwarded to the purchasing officer with a full explanation of the circumstances of the emergency, which shall be filed by the purchasing officer as a permanent and public record together with his assent to such purchase.

(Ord. No. 1023, § 1, 2-24-03)

The city council reserves the authority to waive any regulations or procedures pertaining to purchasing contained in this article, if the city council deems it to be in the interest of the city to do so.

(Ord. No. 1023, § 1, 2-24-03)

The purchasing officer shall have the authority to suspend vendors whose performance of city contracts and purchase orders has been materially deficient. Suspension includes, but is not limited to, non-consideration of future bids or quotes submitted, cancellation of awards and other procedures to prevent the suspended vendor from receiving future city business.

(Ord. No. 1023, § 1, 2-24-03)

Based on the foregoing purchasing policies adopted by the city council, the city manager is empowered to adopt and amend as necessary any administrative purchasing process necessary to carry out this article consistent with the Charter and federal and state requirements.

(Ord. No. 1023, § 1, 2-24-03)

(a)

There is hereby established a commission to be known as the Madison Heights Historical Commission.

(b)

Scope.

(1)

In general, it shall be the duty of the commission to collect, arrange, catalog and preserve historical material including books, pamphlets, maps, charts, manuscripts, papers, records and archives, paintings, statuary, and other objects and materials relating to the history of the city and the surrounding area; to procure and preserve narratives of the early residents of such area; to collect material of every description relative to the history, longevity, literature, progress or decay of the life, customs, dress and resources of the early residents of this area; to maintain the Heritage Rooms Museum; and to make available from time to time source materials and historical studies relative to and illustrative of the history of the area. The commission shall have the power, with assistance of all city officials, to collect from the public offices in the city reproductions of any records, files, documents, books and papers which, in the opinion of the commission, are of historical value. The commission shall provide for the classification, arranging and indexing of such reproductions so that they may be made available for the use of the public.

(2)

The historical commission shall have the power, with the consent of the city council, to accept donations of money or personal property or real estate for carrying out the historical purposes as provided in this article. Such donations of money or personal property or real estate vest in the city subject to the appropriate section of the Charter and in accordance with the deed devise, bequest or grant of such property. Gifts of money shall be deposited in a special account to be established by the city treasurer from which disbursements shall be made upon warrant of the treasurer, in accordance with the terms of the instruments making such gifts.

(3)

The commission shall cooperate with and assist the state historical commission in carrying out its powers and duties as established by Act 271 of the Public Acts of 1913.

(Ord. No. 2133, § 1, 3-11-19)

(a)

The Madison Heights Historical Commission shall consist of 16 members as follows:

(1)

One city council member and one city council member alternate.

(2)

Fourteen members, appointed by the city council, and one resident alternate.

(3)

The city librarian will hold a permanent position on the commission.

(4)

The commission will serve without compensation.

(b)

Members serve three-year staggered terms. Councilmember appointments are two-year terms until the next regular city council election.

(c)

The historical commission shall elect a chairperson, vice-chairperson, secretary and such other officers as may be necessary for the proper conduct of its affairs annually.

(Ord. No. 2133, § 1, 3-11-19)

(a)

The commission shall meet as required and agreed upon by the commission.

(b)

The commission shall follow Robert's Rules of Order and keep a record of its proceedings. All Meetings shall be noticed and conducted in accordance with the Michigan Open Meetings Act (1976 PA 267, MCL 15.261 through 15.275, as amended).

(c)

Attendance by 50 percent or more of the current membership of the commission shall constitute a quorum for the transaction of business. Any action of the commission shall require a concurrence of the majority of quorum present at the meeting.

(Ord. No. 2133, § 1, 3-11-19)

This article shall be known as the "Downtown Development Authority Ordinance" of the City of Madison Heights.

(Ord. No. 948, § 1, 6-9-97)

The city council hereby determines that it is necessary for the best interests of the public to create a public body corporate which shall operate to halt property value deterioration, eliminate the causes of that deterioration, increase property tax valuation where possible in the business district of the city, and promote economic growth, pursuant to Act 197 of the Public Acts of Michigan, 1975, as amended.

(Ord. No. 948, § 2, 6-9-97)

The terms used in this article shall have the same meaning as given to them in Act 197 or as hereinafter in this section provided unless the context clearly indicates to the contrary. As used in this article:

Authority means the Downtown Development Authority of the City of Madison Heights created by this article.

Act 197 means Act No. 197 of the Public Acts of Michigan of 1975, as amended.

Board or board of directors means the board of directors of the authority, the governing body of the authority.

Chief executive officer means the mayor of the city.

City means the City of Madison Heights, Michigan.

Council or city council means the city council of the city.

Downtown district means the downtown district designated by this article, as now existing or hereafter amended, and within which the authority shall exercise its powers.

(Ord. No. 948, § 3, 6-9-97)

There is hereby created pursuant to Act 197 a downtown development authority for the city. The authority shall be a public body corporate and shall be known and exercise its powers under title of the "Downtown Development Authority of the City of Madison Heights." The authority may adopt a seal, may sue and be sued in any court of this state and shall possess all of the powers necessary to carry out the purposes of its incorporation as provided by this article and Act 197. The enumeration of a power in this article or in Act 197 shall not be construed as a limitation upon the general powers of the authority.

(Ord. No. 948, § 4, 6-9-97)

Upon completion of its purposes, the authority may be dissolved by the council. The property and assets of the authority, after dissolution and satisfaction of its obligations, shall revert to the city.

(Ord. No. 948, § 5, 6-9-97)

The boundaries of the downtown district in which the authority shall exercise its powers as provided the Act shall consist of the territory of the city described in Exhibit A, below and made a part hereof, subject to such changes as may hereinafter be made pursuant to this ordinance [Ordinance No. 968] and Act 197.

EXHIBIT A

Being parts of sections 13, 14, 23 and 24
lying in the City of Madison Heights

T1N, R11E, SEC 13, BEGINNING AT THE W ¼ COR OF SEC 13, A/K/A INTERSECTION OF GARDENIA & JOHN R, TH E ALG CENTERLINE OF GARDENIA ST 163.06 FT; TH S 1,980.34 FT, TH E ALG S LINE OF LOT 136 OF 'TUXEDO PARK SUB' 150.0 FT TO A PT IN THE CENTERLINE OF GROVELAND ST, TH S ALG SD CENTERLINE 160.0 FT, TH W 150.0 FT, TH S 40.0 FT, TH E 150.0 FT, TH S ALG CENTERLINE GROVELAND 210.0 FT TO A PT, SD PT BEING 163 FT N OF THE CENTERLINE OF E ELEVEN MILE RD; TH ELY 1,163.0 FT TO A PT ON THE CENTERLINE OF LORENZ AVE, TH S ACROSS E ELEVEN MILE RD 323 FT TO A PT IN CENTERLINE OF LORENZ ST, SD PT BEING 170 FT S OF THE CENTERLINE OF E ELEVEN MILE RD; TH W 100.1 FT, TH N 40.0 FT +/-, TH W 157.59 FT, TH S 32.0 FT +/-, TH W 300.16 FT TO A PT IN THE CENTERLINE OF DELTON AVE, TH S 54.83 FT, TH W 450.0 FT, TH S 130.0 FT TO THE SE COR OF LOT 156 OF 'GROVELAND SUB', TH W 300.0 FT TO THE SW COR OF LOT 74 OF 'GROVELAND SUB', TH S 495.0 FT TO A PT IN THE CENTERLINE OF GREIG ST, SD PT BEING 158.0 FT E OF THE CENTERLINE OF JOHN R RD; TH E ALG CENTERLINE OF GREIG 600.0 FT, TH S 625.0 FT, TH W 300.0 FT, TH N 50.0 FT, TH W 175.0 FT, TH S 50.0 FT, TH W 125.0 FT TO THE SW COR OF LOT 89 OF 'GROVELAND SUB', TH S 1,183.0 FT TO A PT IN CENTERLINE OF LINCOLN AVE, SD PT BEING 152.0 FT E OF CENTERLINE OF JOHN R RD; TH S 663.74 FT TO A PT, SD PT BEING THE SW COR OF LOT 157 OF 'OAKLAWN SUB', TG E 20.0 FT, TH S 433.98 FT TO A PT ON THE S LINE OF E BROCKTON ST, THE E 50.0 FT, TH S 484.28 FT TO A PT IN CENTERLINE OF E BARRETT, TH E 50.0 FT, TH S ALG CENTERLINE OF N/S ALLEY IN 'OAKLAWN SUB' 1,086.0 FT +/-TO A PT IN THE S LINE OF E 10 MILE RD; TH W ALG SD CENTERLINE 434.0 FT, TH N 151.0 FT, TH W 70.0 FT +/-, TH N 35.0 FT +/-, TH ELY 200.0 FT TO A PT, SD PT BEING THE NW COR OF LOT 23 OF 'SLATER PARK SUB', TH N 475.0 FT, TH W 40.0 FT, TH N 260.0 FT, TH E 40.0 FT, TH N 130.0 FT, TH W 40.0 FT, TH N 132.64 FT, TH E 40.0 FT, TH N 132.64 FT, TH W 10 FT +/-, TH N 133.0 FT, TH W 46.5 FT, TH N 133.0 FT TO A PT IN THE CENTERLINE OF W BROCKTON AVE, TH E 46.5 FT, TH N 1,072.0 FT TO A PT IN THE CENTERLINE OF W LINCOLN AVE, TH WLY ALG SD CENTERLINE 53.0 FT, TH N 131.0 FT, TH E 58.0 +/-TO A PT IN CENTERLINE OF N/S ALLEY, SD PT BEING 1260 FT W OF CENTERLINE OF JOHN R RD; TH N 1,215.78 FT TO A PT IN CENTERLINE OF ANDOVER, TH E ALG SD CENTERLINE 11.0 FT +/-; TH N 650.0 FT, TH W 160.0 FT, TH N ALG CENTERLINE OF BRUSH ST 225.0 FT, TH E 160.0 FT, TH N 100.0 FT, TH W 160.0 FT, TH N 100.0 FT, TH W 320.0 FT, TH N 100.0 FT, TH W 635.0 FT TO A PT IN CENTERLINE OF BARRINGTON, TH N ALG SD CENTERLINE 38.0 FT; TH W 1,240.0 FT TO CENTERLINE OF LENOX ST, TH S 70.0 FT +/-, TH W 223.31 FT TO A PT IN E RIGHT-OF-WAY LINE OF I-75, TH NWLY ACROSS W ELEVEN MILE RD 410.0 FT +/-TO A PT, SD PT BEING 170.0 FT N OF CENTERLINE OF W ELEVEN MILE RD; TH E 1681.53 FT, TH N 9.0 FT, TH E 29.67 FT, TH N 39.0 FT, TH E 164.0 FT, TH S 48.0 FT, TH E 639.3 FT TO A PT IN THE CENTERLINE OF BRUSH ST, SD PT BEING 333.21 FTW OF CENTERLINE OF JOHN R RD, AND N 152.0 FT OF THE CENTERLINE OF W ELEVEN MILE RD, TH N ALG THE CENTERLINE OF BRUSH ST 165.0 FT TO A PT 25 FT W OF THE NW COR OF LOT 70 OF 'SYMPHONY PARK SUB', TH E 170.7 FT TO A PT IN THE CENTERLINE OF A N/S ALLEY, TH N ALG SD CENTERLINE 999.31 FT TO A PT ON THE S LINE OF FARNUM PLAZA A/K/A PARCEL NO. 44-25-14-432-001; TH W 170.87 FT TO A PT IN THE CENTERLINE OF BRUSH ST; TH N 381.36 FT; TH E ALG CENTERLINE OF FARNUM AVE 160.0 FT; TH N 121.82 FT; TH E 10.0 FT, TH N ALG THE CENTERLINE OF A N/S ALLEY IN 'MAX SPOON SUB' 833.61 FT TO A PT IN CENTERLINE OF W GARDENIA; TH E 170.27 FT TO PT OF BEG.

(Ord. No. 948, § 6, 6-9-97; Ord. No. 968, § 1, 5-11-98)

The authority shall be under the supervision and control of the board. Members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses. The chairperson of the board shall be elected by the board. The board shall adopt bylaws governing its procedures subject to the approval of the council. In the event that the board determines to employ a director of the authority, such director shall furnish a bond in the penal sum of $100.00 payable to the authority for use and benefit of the authority and shall file the same with the city clerk of the city.

(Ord. No. 948, § 7, 6-9-97)

Except as specifically otherwise provided in this article, the authority shall have all powers provided by law subject to the limitations imposed by law and herein.

(Ord. No. 948, § 8, 6-9-97)

(a)

The fiscal year of the authority shall begin on July first of each year and end on June thirtieth of the following year, or such other fiscal year as may hereafter be adopted by the council.

(b)

The board shall prepare annually a budget and shall submit it to the council for approval in the manner and at the time, and which budget shall contain the information, required of municipal departments. The board shall not finally adopt a budget for any fiscal year until the budget has been approved by the council. The board may, however, temporarily adopt a budget in connection with the operation of any improvements which have been financed by revenue bonds where required to do so by the ordinance authorizing the revenue bonds.

(c)

The authority shall submit financial reports to the council at the same time and on the same basis as departments of the city are required to submit reports. The authority shall be audited annually by the same independent auditors auditing the city and copies of the audit report shall be filed with the council.

(Ord. No. 948, § 9, 6-9-97)

(1)

Determination of public purpose. Following a duly noticed public hearing on the Tax Increment Financing and Development Plan, adopted by the City of Madison Heights Downtown Development Authority on the 12th day of September, 2017 and having given due consideration the following standards and criteria as set forth in Section 19(1) of P.A. 197, of 1975, as amended:

(a)

The Tax Increment Financing Plan meets the requirements set forth in Section 14 and 15 of said P.A. 197 of 1975, as amended;

(b)

The Development Plan meets the requirements set forth in Section 17(2) of said P.A. 197 of 1975, as amended;

(c)

The proposed method of financing the development is feasible and the authority has the ability to arrange the financing;

(d)

The development is reasonable and necessary to carry out the purposes of said P.A. 197 of 1975, as amended;

(e)

That the land included within the development area to be acquired, if any, is reasonably necessary to carry out the purposes of the Plan and of P.A. 197 of 1975, as amended in an efficient and economically satisfactory manner;

(f)

The Development Plan is in reasonable accord with the Master Plan of the City;

(g)

Public services such as fire and police protection and utilities are or will be adequate to service the project area;

(h)

No changes in zoning are necessary for the project and for the city. It is hereby found and determined that the Plan constitutes and seeks to accomplish a public purpose.

(2)

Approval of Plan. In accordance with the foregoing considerations, the Tax Increment Financing and Development Plan is hereby approved and adopted for all purpose of P.A. 197 of 1975, as amended, consistent with said plan. Copies of the Tax Increment Financing and Development Plan and all respective amendments thereto shall be maintained on file in the city clerk's office and cross-indexed to this ordinance.

(3)

Public purpose. The city council hereby determines that the Plan constitutes a public purpose.

(4)

Best interest of the public. The city council hereby determines that it is in the best interests of the public to proceed with the Plan in order to halt property value deterioration, to increase property tax valuation, to eliminate the causes of the deterioration in property values, and to promote growth in the Downtown District.

(Ord. No. 974, § 1, 5-11-98; Ord. No. 2122, § 1, 11-27-17)

(a)

There is hereby established a board to be known as the Madison Heights Library Advisory Board.

(b)

Scope.

(1)

The board is a non-administrative board serving solely in an advisory capacity. In that capacity, the board may recommend action to the council, but may not assume any legislative or administrative authority in the operation of the library department. Nothing contained in this article shall relieve the library director of their responsibility for the administration of the department nor limit his/her authority. The purpose of the board is to help by serving as an advisory group.

(2)

The board shall study and make a written recommendation to the city council concerning short and long-term improvements to the city's library system, including:

(A)

To analyze the community's library service needs including but not limited to physical space, technological requirements, staffing, and hours of operation; and

(B)

When appropriate, generate a report outlining goals and objectives and a related plan (including timelines and cost) for implementation.

(3)

The board exists to promote an outstanding library program for the citizens of the city. In pursuit of this objective, it shall serve as:

(A)

A forum for the careful consideration of policy matters related to the operation of the library system; and

(B)

A voice for the department in the community and a voice for the community in the department; and

(C)

An advisor to the director when requested by him/her; and

(D)

A recommending body to the city council on matters of general department policy.

(Ord. No. 2134, § 1, 3-11-19; Ord. No. 2190, § 1, 11-28-22)

(a)

The board shall be composed of nine members to be appointed by the city council, three member alternates, and five ex officio members who shall be the city manager or their designee, the library director, and three student representatives to be appointed by the board staff liaison. Alternate members may serve as non-voting ex-officio members when all members are present. Voting members shall be as follows:

(1)

One member from among the members of the council and eight members and three alternate from the residents of the city-at-large. In the case of the delegate from the city council, the city council may designate an alternate city council delegate who shall sit only in the absence of the regularly appointed city council delegate and who shall have the same authority and powers as such regularly appointed city council delegate.

(2)

The city manager or their designee and library director shall be ex officio members without a vote.

(3)

Terms of the resident members are two years. Councilmember appointments are two year terms until the next regular city council election.

(4)

The three nonvoting student members shall be appointed by the staff liaison and shall serve as long as they are willing and a student at a school located in Madison Heights.

(5)

A chair and vice-chair shall be elected annually by the membership.

(b)

Voting members of the library advisory board shall serve without pay.

(Ord. No. 2134, § 1, 3-11-19; Ord. No. 2190, § 1, 11-28-22)

(a)

The board may adopt such rules and regulations as may be necessary for the transaction of its business.

(b)

The board shall follow Robert's Rules of Order and keep a record of its proceedings. All meetings shall be noticed and conducted in accordance with the Michigan Open Meetings Act (1976 PA 267, MCL 15.261 through 15.275, as amended).

(c)

Attendance by 50 percent or more of the current membership of the commission shall constitute a quorum for the transaction of business. Any action of the commission shall require concurrence of the majority of the quorum present at the meeting.

(Ord. No. 2134, § 1, 3-11-19; Ord. No. 2190, § 1, 11-28-22)

When used in this article, the following words and phrases shall be deemed to have the meanings respectively ascribed to them:

Acting department head: Any officer who has been duly appointed by the city manager to act in the capacity of or perform the duties of department head without receiving appointment as department head.

Appointing officer or authority: The city manager or other person possessing the authority to appoint persons to fill job vacancies.

Board: Personnel board of the city.

City service: Employment by the city in a position covered by the merit system under this article.

Demotion: Any change of job classification where the classification to which the employee is appointed involves less responsibility, authority or technical ability and where the maximum pay rate authorized for the position in the city pay plan is less than that authorized for the position vacated by the employee upon appointment to the new job classification.

Part-time, seasonal and temporary employees: Any appointment or employment for a person of six months or less in any one fiscal year, any appointment or employment in which the employee works less than 15 days in each month during his employment, any employment of a person whose normal employment is for a period less than 35 hours per week, and any employment of a person who is over 65 years of age at the time of employment. The term shall include all irregular employment of day labor.

Promotion: Any change of job classification where the classification to which the employee is appointed involves more responsibility, authority or technical ability and where the maximum pay rate authorized for the position in the city pay plan is greater than that authorized for the position vacated by the employee upon appointment to the new job classification.

Qualification examination: An examination designed to determine whether or not a person possesses the minimum skill and knowledge which will enable him to perform the duties of a given position.

Re-employment list: A list of individuals eligible for appointment to a position in the classified service by reason of the fact that they have been laid off within a period of one year from a previously held position of similar character.

Special assignment: Any appointment or employment of technical, expert or highly skilled nature to assist in or carry out a special work and which is not a regular part of the administration of city affairs, whether or not such work shall be for a longer period than six months, or periodic in its nature. Special assignments shall be deemed to include audits of the city records by auditors outside the regular city employ, the employment of special counsel or special engineering services, employment of a zoning expert, employment of a person skilled in personnel problems to assist in the administration of this article, or other services of similar nature to those mentioned. The specific mention of any special service shall not be deemed to exclude other than those that may properly come within the term.

Transfer: Any change of job classification where the classification to which the employee is appointed involves the same degree of responsibility, authority or technical ability and where the maximum pay rate authorized for the position in the city pay plan is the same as that authorized for the position vacated by the employee upon appointment to the new job classification.

Veterans: Any honorably discharged member of the armed services of the United States of America.

(Code 1958, § 2-913; Ord. No. 155, § 1, 9-12-60)

There is hereby established a merit system for the city. All municipal personnel problems shall be approached so far as possible in a professional and impartial manner. Appointments to the city's service and promotions and transfers therein shall be based solely upon the fitness, training and experience of the individual, with no discrimination on account of political or religious opinions, or on account of bias or prejudice. No officer or employee shall be demoted, suspended or discharged on caprice or for political or religious opinions, but such demotions, suspensions and discharges shall be made only for inefficiency, incompetency, physical or mental incapacity, insubordination, neglect of duty, misfeasance or malfeasance in office, or other cause for the good of the service of the city.

(Code 1958, § 2-901; Ord. No. 155, § 1, 9-12-60; Ord. No. 169, § 1, 10-10-60)

The council shall annually make such appropriation as shall be necessary for meeting the expenses of administering the merit system. Expenses incurred by the board shall be paid out of said appropriation in the same manner and under the same circumstances as near as may be as expenses for other departments are paid.

(Code 1958, § 2-905; Ord. No. 155, § 1, 9-12-60)

All positions in the city's service, including unskilled labor, shall be subject to the provisions of this article, except the following positions which shall be exempt from the operation of this article in regard to appointment, promotion and dismissal:

(1)

All elected officials;

(2)

Members of boards and commissions created by or pursuant to the Charter;

(3)

The city manager;

(4)

The city attorney;

(5)

Chiefs or acting chiefs of the police and fire departments;

(6)

Technical and other consultants employed under contract by the city;

(7)

Part-time, seasonal and temporary employees;

(8)

Volunteer personnel and personnel appointed to serve without pay;

(9)

Police and fire personnel covered by Act 78, Public Acts of 1935, MSA 5.3351 et seq.

(10)

Probationary employees.

(11)

Those employees exempt under collective bargaining agreements.

(Code 1958, § 2-912; Ord. No. 155, § 1, 9-12-60; Ord. No. 558, § 1, 10-27-75)

All persons in the regular employ of any enterprise heretofore or hereafter acquired by the city and operated as a public enterprise after such acquisition shall be deemed probationary employees of the city for a period of six months after such enterprise comes under public ownership by the city. All persons employed in such enterprise, who upon completion of their probationary period of six months shall be retained in said employment, shall upon recommendation of the head of the department which operates said enterprise and upon approval of the city manager thereupon be deemed eligible for the respective positions held by them, without further test or examination, and thereafter all the provisions of this article shall be applicable to such employees as fully as to other employees of the city.

(Code 1958, § 2-914; Ord. No. 155, § 1, 9-12-60)

(a)

No employee of the city shall become a candidate for any elective city office, or shall actively further the candidacy of any person for any elective city office, or shall otherwise become actively interested in any political campaign for any elective city office, without first resigning from his position. This provision shall not be construed to interfere with the right of a person to sign a petition or cast his vote as an individual.

(b)

No city employee shall directly or indirectly solicit, receive from, or give to any other city employee any money, property or other thing of value for any political party, political candidate or political purpose whatsoever.

(c)

Any violation of the provisions of this section by any city employee shall be cause for dismissal.

(Code 1958, § 2-941; Ord. No. 155, § 1, 9-12-60)

Any charge preferred by a citizen against any person under the merit system, employed by the city, shall be made in writing and under oath and filed with the city manager. All communications to the board or any member thereof touching on their duties as such shall be made in writing and filed with the city clerk.

(Code 1958, § 2-937; Ord. No. 155, § 1, 9-12-60)

(a)

There is hereby created a personnel board, which shall administer the merit system for all positions in the city's service, except as qualified or exempted in this article. The said board shall consist of three electors of the city to be appointed by the council after selection in the following manner:

(1)

One member shall be selected by the council for a term of three years;

(2)

One member shall be selected by the majority vote of the city employees covered by this article for a term of two years; and

(3)

The third member shall be selected by the aforesaid members for a term of one year.

Said terms to begin July 1, 1960.

Thereafter, all appointments shall be made by the council for a three-year term after the candidates have been selected by the appointing powers hereinbefore designated. No person shall be eligible to appointment to the board who is a city official or employee.

(b)

Members of the board shall serve without compensation and shall not hold any other public office or serve on any city political committee or take active part in the management of any city political campaign. The city council may remove any member for cause upon stating in writing the reasons for removal and allowing him an opportunity to be heard in his own defense. Any vacancy shall be filled by the city council for the unexpired term.

(Code 1958, § 2-901; Ord. No. 155, § 1, 9-12-60; Ord. No. 169, § 1, 10-10-60)

Every member of the board shall, before entering upon the discharge of the duties of his office, take and subscribe the oath of office prescribed by the Constitution of this state.

(Code 1958, § 2-902; Ord. No. 155, § 1, 9-12-60)

The board shall organize by electing one of its number to serve as chairman, who shall serve as chairman for one year, and thereafter the chairman shall be elected annually. The city clerk or deputy city clerk shall act as secretary for the board and shall supply the necessary clerical and stenographic service for the work of the board, and shall perform all secretarial and record keeping functions of the board.

(Code 1958, § 2-903; Ord. No. 155, § 1, 9-12-60)

The board shall be provided by the city council with such suitable quarters for carrying on its work and for conducting whatever examinations are necessary to carry out the provisions of this article. The board shall be supplied from the purchasing department, upon proper requisition, with the necessary stationery, postage stamps and other supplies.

(Code 1958, § 2-904; Ord. No. 155, § 1, 9-12-60)

The board, with the advice of the city manager and the approval of the city council, shall have the power to prescribe rules and regulations for carrying into effect the provisions of this article, and may from time to time add to, amend or rescind any such rules, subject to their approval by the city council, and any such amendments or changes in rules shall be posted in conspicuous places in the respective departments of the city at least ten days before their effective date. It shall keep minutes of its own proceedings and records of its official actions. Copies of all proceedings of the board shall be furnished by the city clerk to the city council, city manager and the personnel director.

(Code 1958, § 2-906; Ord. No. 155, § 1, 9-12-60)

The minutes of the official proceedings of the board shall be public records and, subject to reasonable regulations, be open to public inspection.

(Code 1958, § 2-907; Ord. No. 155, § 1, 9-12-60)

The board, or any member thereof authorized by the board, may make investigations of all matters pertaining to the enforcement of this article and the rules and regulations prescribed thereunder. All appointive officers in the public service and their deputies, clerks, subordinates and employees shall attend and testify before said board when so requested by it.

(Code 1958, § 2-908; Ord. No. 155, § 1, 9-12-60)

The board shall upon request of the city manager, or at any time of its own volition, make a study of the duties and responsibilities of all positions in the city's service, to the end that a proper duties' classification system may be in effect at all times.

(Code 1958, § 2-910; Ord. No. 155, § 1, 9-12-60)

The board shall be furnished, whenever requested by the board, a schedule showing the compensation for each position in relation to the duties performed and shall, from time to time, make such recommendations as it deems advisable to the city manager, in order that proper pay differentials may be established between positions that differ materially in order of duties performed and responsibilities exercised in order that so far as possible there may be equal pay for equal work.

(Code 1958, § 2-911; Ord. No. 155, § 1, 9-12-60)

There is hereby created a department of personnel and the personnel program hereby established shall be administered by a personnel director to be appointed by the city manager. Until such time as a personnel director is appointed, the city manager shall assume said office. The position of personnel director may be combined with any other position at the discretion of the city manager. In addition to the duties set forth elsewhere in this article, the personnel director shall:

(1)

Advise the city council, the board and the city manager on matters of merit system administration policy and problems of personnel administration including the development of personnel rules, a job classification plan and a uniform pay plan;

(2)

Administer provisions of this article;

(3)

Represent the interests of the public and city employees in the management of personnel.

(Code 1958, § 2-942; Ord. No. 155, § 1, 9-12-60)

(a)

The city manager may, employ with the approval of the city council, a person trained and skilled in personnel problems, to prepare examinations and other tests, to give advice regarding the same and to assist him in any way to carry out the provisions of this article.

(b)

The city council, upon recommendation of the personnel director, and the city manager, may contract with any qualified person or agency for the performance of such technical services as may be required in the operation of the personnel program.

(Code 1958, § 2-942; Ord. No. 155, § 1, 9-12-60)

(a)

The personnel director, under the direction of the city manager, shall prepare, or cause to be prepared, a uniform pay plan and rules for its administration.

(b)

The rate or range for each position or class shall be such as to reflect fairly the difference in duties and responsibilities and shall be related to compensation for comparable positions in other places of public and private employment.

(c)

Following the approval of the pay plan and rules for its administration by the city council, the personnel director shall administer the plan in accordance with the rules.

(d)

The pay plan may be amended from time to time with the approval of the council as circumstances require, either through adjustment of rates or by reassignment of job classes to different pay ranges.

(Code 1958, § 2-943; Ord. No. 155, § 1, 9-12-60)

(a)

All persons desiring employment in the city's service, except to positions exempted under the provisions of this article, shall file applications with the personnel department. Any citizen of the United States of good moral character and otherwise qualified shall be eligible for the examinations and tests provided in Division 5 of this article and consequent appointment to the city's service. Residents of the City of Madison Heights shall receive preferential consideration in any application for employment.

(b)

Upon filing of the application, such application shall be submitted to the department head for his or her review and recommendation. Thereafter, such recommendation shall be submitted to the personnel director for his review and recommendation. The recommendations of the department head and the personnel director shall then be submitted to the city manager for final disposition.

(Code 1958, § 2-915; Ord. No. 155, § 1, 9-12-60; Ord. No. 584, § 1, 9-27-76)

Persons applying for positions in the city's service shall file with the city personnel department within a reasonable time prior to any examination or test prescribed for filling such position, a formal application in which the applicant shall state, under oath or affirmation:

(1)

Name, residence and post office address;

(2)

Citizenship, age and date of birth;

(3)

Condition of health and physical fitness for public service;

(4)

Occupation and previous employment for the five years immediately prior to such application;

(5)

Such other information as may be reasonably required touching upon the applicant's qualifications and fitness for public service.

(Code 1958, § 2-916; Ord. No. 155, § 1, 9-12-60; Ord. No. 584, § 2, 9-27-76)

Blank forms for applications shall be furnished by the city clerk without charge to all persons requesting same. In connection with such applications there shall be such certificate of citizens, physicians or others having knowledge of the applicant as the good of the service may require.

(Code 1958, § 2-917; Ord. No. 155, § 1, 9-12-60)

The city clerk shall receive applications from any person desiring employment in the city's service and shall refer such applications to the personnel department. The city may refuse to examine an applicant, or after examination, to certify as eligible, or after certification may remove from any eligible list, any person who is found to lack any of the established preliminary requirements for the examination, or position, or employment for which he applied, or who is physically so disabled as to be rendered unfit for the performance of the duties of the position to which he seeks appointment, or who is addicted to the habitual use of intoxicating liquor or drugs, or who may have been guilty of any crime or infamous, or notoriously disgraceful conduct, or who has been dismissed from the public services for cause, or who has made a false statement of any material fact, or practiced or attempted to practice any deception or fraud in his application, in his examination, or in securing his eligibility, or who refuses to comply with the rules and regulations of the city.

(Code 1958, § 2-917; Ord. No. 155, § 1, 9-12-60)

All applicants for any regular position in the city's service, the normal duties of which require more than 1,000 hours' work a year, shall be required to furnish a statement relative to the applicant's fitness. The city shall determine the examining physicians to be used for this purpose.

(Code 1958, § 2-918; Ord. No. 155, § 1, 9-12-60)

(a)

The city shall prescribe such examination, or other tests or measures for fitness as it shall deem reasonable and practicable, for each class or kind of position in the city's service. Where practicable, such examinations or tests shall be competitive in nature. The city shall adopt rules and regulations governing the giving of such tests and examinations, which rules and regulations shall give every applicant an equal opportunity for consideration and shall be open to the public.

(b)

All examinations or tests for positions in the public service shall be practical in their character and shall relate to such matters and include such inquiries as willfully and fairly test the comparative merit and fitness of the persons examined to discharge the duties of the employment sought by them.

(Code 1958, § 2-919; Ord. No. 155, § 1, 9-12-60)

All examinations and tests shall be open to all applicants who have fulfilled the preliminary requirements. Notice of the time and place and purpose of every examination or test shall be given by the city for such time and in such manner as shall by it be deemed reasonable. In addition to the notices required to be given by the Charter, notices of the time, place and purpose of the examination shall be given.

(Code 1958, § 2-920; Ord. No. 155, § 1, 9-12-60)

Each person taking any test or examination shall be rated according to his attainments. The personnel director may assist in determining the method of making such ratings and prescribe passing marks.

(Code 1958, § 2-922; Ord. No. 155, § 1, 9-12-60)

The personnel director shall notify all applicants by mail of the ratings attained on the examination.

(Code 1958, § 2-923; Ord. No. 155, § 1, 9-12-60)

A record shall be kept of all examinations and other tests and shall be kept on file for the private use of the city for at least six months. Such records shall not be open to inspection by the general public without the consent of the city, except by order of a court of competent jurisdiction. Any applicant for a position, however, shall at any time after ten days and before the expiration of 30 days after taking the prescribed examination or test, be entitled to inspect any examination paper, or other written test submitted by him, and be fully informed as to his rating on the same.

(Code 1958, § 2-928; Ord. No. 155, § 1, 9-12-60)

(a)

The names of all applicants for a position, who have attained the required rating or better on the examination and who are otherwise eligible, shall be placed in the order of their relative attainment on the list of applicants eligible to appointment to the class of positions for which the examination was held.

(b)

A reemployment list shall also be kept of all persons removed from the city service because of the abolishment of his position, or for reasons of economy, or for any reason other than dismissal for cause or voluntary resignation.

(c)

Persons already in the service who are applicants for a specific vacancy in some other position and are eligible for appointment thereto shall also be listed.

(Code 1958, § 2-923; Ord. No. 155, § 1, 9-12-60)

(a)

A department head shall immediately upon becoming aware that any position in his department is vacant, or is to become vacant, give to the city manager a written notice thereof and state whether or not he needs to fill the position. If the position is to be filled, the department head shall specify the class, grade and title of the position, and the duties thereof and any other information regarding the same which the city manager may request.

(b)

The city manager, upon recommendation of the department head, may fill any vacancy from persons on the eligible list.

(c)

If the city shall determine there are not enough persons eligible for appointment, it may hold another examination or test for the purpose of providing additional eligible persons for employment. In the interval the city manager may, if the needs of the service require, make a temporary appointment for the period until a regular appointment can be made.

(Code 1958, § 2-924; Ord. No. 155, § 1, 9-12-60)

In cases of emergency, or to fill a temporary vacancy caused by sick leave or other leave of absence, the city manager may make a temporary appointment during the period of such temporary vacancy in his own discretion.

(Code 1958, § 2-925; Ord. No. 155, § 1, 9-12-60)

In permanent and continuing positions employing only persons having professional or technical qualifications where there are likely to be few satisfactory applicants and the persons qualified to serve are relatively few in number, the city may dispense with the requirements for formal tests and examinations and may prescribe other methods of determining the qualifications of the applicants; may dispense with the customary rules and regulations and proceed in an informal manner in choosing a person qualified to fill any vacancy that may occur in such position.

(Code 1958, § 2-926; Ord. No. 155, § 1, 9-12-60)

All new appointments in the service of the city shall be for a probationary period of six months for all employees. If at any time during such probationary period the city shall find the probationer unsatisfactory, it may dismiss such probationer. In case of such dismissal, the probationer, if he had merit system status in another position prior to his appointment to the position from which he is dismissed, shall automatically be restored to his former position. If at the end of the probationary period the city has found the services of the probationer satisfactory, the probationer shall thereupon forthwith come under the merit system. The city manager may, in his discretion, extend the probationary period of any employee for one three months' period, and he shall so notify the probationer and furnish him with a complete statement of his reasons for taking such action.

(Code 1958, § 2-927; Ord. No. 155, § 1, 9-12-60)

Vacancies in higher positions in the classified services shall be filled insofar as practicable by promoting persons holding positions in the next lower grades in the service. Such promotions shall be based upon merit as ascertained where practicable by test, and as shown by the previous service and experience of the person promoted. When a vacancy occurs, the city manager shall determine whether promotion is possible and practicable, and if so, what classes of employees are eligible for such promotion and whether an examination or test shall be held to determine the relative fitness of eligible employees, or whether such relative fitness shall be determined by their seniority and efficiency records or by both such examinations and records. An employee may be promoted solely on the basis of a passing grade obtained on the qualification examination.

(Code 1958, § 2-929; Ord. No. 155, § 1, 9-12-60)

Promotion shall in every case involve a definite change in duties and increase in responsibilities and shall not be made merely for the purpose of effecting an increase in compensation. Promotions shall not necessarily be confined to positions within a department, but may be within a specific classification or closely related classifications of service or positions in different departments.

(Code 1958, § 2-930; Ord. No. 155, § 1, 9-12-60)

The length of service time required before employees shall be eligible for promotion shall be determined by the city through the adoption of a job specification.

(Code 1958, § 2-931; Ord. No. 155, § 1, 9-12-60)

(a)

The transfer of an employee from one position to another involving substantially similar duties and responsibilities and not involving increase in compensation may be made by the city manager at any time.

(b)

Other transfers may be made for the good of the service at any time by the city manager with the consent of the employee concerned. Where different and higher duties and responsibilities are required, the rules governing promotions shall apply as far as practicable. Where different and less responsible duties are required, the rules regulating demotions shall apply as far as practicable.

(Code 1958, § 2-932; Ord. No. 155, § 1, 9-12-60)

The city council may at any time in its discretion abolish departments or positions and in the case of such abolishment of any position, office or employment, the person holding such position, office or employment shall be thereby removed from the same; provided, however, such person shall continue to be eligible for any other position in the city service for which he may be qualified and shall be retained on the reemployment list for a period of one year.

(Code 1958, § 2-933; Ord. No. 155, § 1, 9-12-60)

The city manager may, for reasons of economy or for more efficient administration or when rendered necessary by lack of sufficient appropriation, lay-off or discharge any employees in any department. Such person shall continue eligible for reappointment to any position or vacancy in the city's service, and the city shall retain the names of any such persons on a reemployment list for appointment to any position which such person is qualified to fill, for a period of one year.

(Code 1958, § 2-934; Ord. No. 155, § 1, 9-12-60)

(a)

The city manager shall have the authority to demote an employee from an exempt position to any position in the classified service which such employee has formerly held without the necessity of competitive examination, provided that such position is open and unfilled at the time of such demotion.

(b)

The city manager may demote, suspend or dismiss any person in any department for cause, but no person shall be reduced in pay or position or laid-off, suspended, discharged or otherwise discriminated against because of caprice, or for religious or political reasons or affiliations, or because of bias or prejudice. In all cases of reduction, demotion, lay-off, suspension or dismissal of an employee in the classified service, the city manager shall within three days of the effective date thereof, furnish such employee with a copy of the reason or reasons for such reduction, lay-off, suspension or dismissal by certified mail, return receipt requested, and shall file a copy thereof with the city clerk for the board. Such employee shall have an opportunity to make and file a written answer in like manner. Such answer, if any, together with the explanation, if any, shall be filed with the board within six days from said effective date. All notices and charges shall be sent by certified mail, return receipt requested.

(Code 1958, § 2-935; Ord. No. 155, § 1, 9-12-60; Ord. No. 418, § 1, 3-26-70)

(a)

The tenure of everyone holding office, place, position or employment in the city's service shall be only during good behavior and efficient service and any such person may be removed or discharged, suspended without pay, deprived of vacation privileges or other special privileges for inefficiency, incompetency, insubordination, dishonesty, drunkenness, immoral conduct, discourteous treatment of the public, neglect of duty, violation of the provisions of this article, or any other act or omission detrimental to the good of the city's service.

(b)

The board shall have the power to review all dismissals and all suspensions imposed for more than ten days.

(Code 1958, § 2-936; Ord. No. 155, § 1, 9-12-60)

In case of discharge, removal or suspension, any officer or employee in the classified service, feeling himself aggrieved thereby, shall have a right to file a petition with the board within six days from the effective date of such discharge, removal or suspension, asking for reinstatement in the service or other relief and giving reasons therefor. The board shall grant the petitioner a hearing, which shall be either private or public at the option of the petitioner. In the case of dismissal from the city service, the petitioner shall be considered suspended without pay during the period between the making of the charges as a basis for removal and the decisions thereon by the board.

(Code 1958, § 2-938; Ord. No. 155, § 1, 9-12-60; Ord. No. 418, § 1, 3-26-70)

The board shall begin to conduct the hearing required in section 2-202 within ten days after the petition for a hearing is filed. At such hearing the burden shall be upon the city manager to justify his action. The hearing shall be deemed an investigation and not a trial and the board shall not be bound by technical rules of evidence and procedure. It shall, however, conduct the hearing in an orderly manner, confine the scope thereof to matters set forth in the reasons for dismissal, and secure both to the petitioner and the dismissing officer, a full and impartial hearing in regard thereto. Both parties shall be permitted to be represented by counsel and to produce witnesses or any other testimony that may be pertinent to the matter. The petitioner shall be entitled to first hear the testimony against him and to face his accuser. He and his witnesses shall then be permitted to be heard in his own defense. Heresay evidence, as the term is commonly understood, excepting declarations against interest, shall not be deemed sufficient proof to warrant removal, demotion or suspension. A written record of all testimony taken at such hearing shall be kept and preserved by the board, which record shall be sealed and not be available for public inspection in event that no appeal shall be taken from the action of the board.

(Code 1958, § 2-939; Ord. No. 155, § 1, 9-12-60)

The board shall make its decision on an appeal within five days after the hearing. It shall have the power to pass upon the discharge or removal, suspension for more than ten days, or other action from which the appeal has been taken, and must confirm, modify or reverse such action. If reinstated without discipline in the position from which he was removed, the employee shall be entitled to compensation from the time of his demotion or discharge until the time his reinstatement was ordered, computed on the basis of their regular workweek. The dismissing authority and the petitioner shall be entitled to a copy of the findings of the board upon request. In the event that the board shall sustain the action of the removing officer, the person removed shall have an immediate right to appeal to the circuit court, by writ of certiorari. Any such appeal shall be taken within 30 days from the entry of the board's order. The circuit court shall hear any such appeal upon the original record taken therein and no additional proof shall be permitted to be introduced.

(Code 1958, § 2-940; Ord. No. 155, § 1, 9-12-60)