Michigan Municipal League January/February 2024 Review Magazine

CHARTERS

Charter Must-Haves There are certain items required by state law to be included in a city or village charter—found in the Home Rule City Act or Home Rule Village Act. The General Law Village Act and Fourth Class City Act will not be discussed here because they are state statutes (that serve as charters). They are not written by citizens nor voted on at a referendum (but can be amended). Here are the basic mandatory items in a charter: • nomination and election of officers (at-large or by ward; mayor chosen from among council, etc.); • qualifications, duties, and compensation of officers (must be an elector, whether there is a minimum age requirement, candidate not in default, and compensation is per meeting or set by resolution or ordinance); • time, manner, and means of elections (annual, even-year or odd-year, 2nd or 4th quadrennial, primary or no primary); • establishment of wards (one ward or multiple wards); • subjects of taxation; • annual tax levy and limit (20 mill statutory limit or a lower number); • annual appropriation; • levy, collection, etc., of state, county and school taxes; • public peace, health, etc.; • adopting, continuing, amending, repealing, and publication of ordinances (one or more readings of an ordinance; initiative/referendum); • provide for legislative sessions and records to be public and legislative journal to be in English; and • use of a uniform system of accounts. Typical (Not Required) Charter Provisions There are many topics that are commonly included in charters that are not mandatory. For instance, most charters contain provisions on franchises, special assessment, purchasing/bidding limits, council investigatory powers, and

RESOURCES HOW-TO PROCESS • Fact Sheets o Charter Revision

o Charter Amendment • Municipal Report: City Charter Revision • Handbook for Charter Revision Commissioners Created by the Michigan Association of Municipal Attorneys for citizens on charter revision commissions undertaking the monumental job of rewriting or creating home rule charters. BACKGROUND • The Nature and Purpose of a Home Rule Charter • Municipal Report: Organization of City and Village Government in Michigan DIRECT LEAGUE ASSISTANCE (info@mml.org) • Charter Database This one-of-a-kind database includes information from all 277 home rule city charters on key concepts such as number on council, how the mayor is selected, terms of office of council, how vacancies are filled, fiscal year, etc. • Customizable charter provision research

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| January/February 2024