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Resolution Declaring Change in City's Nominating Petition Deadline
Last Post 10/18/2017 05:34 PM by Chris Swope. 1 Replies.
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Deborah Luskin
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Posts:43

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10/17/2017 09:55 AM
    If any city has adopted a Resolution Declaring Change in City's Nominating Petition Deadline would you please email me a copy of the Resolution? My email address is dlluskin@ci.ludington.mi.us

    Thank you,
    Debbie Luskin
    Chris Swope
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    Posts:40

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    10/18/2017 05:34 PM
    To amend the Charter you have to place it on the ballot by 3/5 vote or initiative signed by 5% of voters. See sections 21-25 of the Home Rule City Act at http://legislature.mi.gov/doc.aspx?...9-of-1909. Note that the amendment needs to be presented to governor and attorney general for approval.

    It is a different topic, but below is our most recent Charter amendment resolution.

    Chris Swope, CMMC/MMC
    Lansing City Clerk
    chris.swope@lansingmi.gov


    WHEREAS, it has become evident that it is necessary to provide by Charter for limitations on the term of employment and compensation for certain employees of the City, and its agencies, boards, and commissions; and

    WHEREAS, it has been determined that employment contracts should be limited to one year; and

    WHEREAS, it has been determined that payments at the time of separation from employment should be prohibited, except for vested or accrued benefits, or payments required by law.

    NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lansing, pursuant to the authority of the Home Rule Cities Act (MCL 117.1, et. seq.), and by a three-fifths (3/5) vote of its members elect, hereby proposes that the following amendment to Article 6, Chapter 4 of the Lansing City Charter be submitted to the electors of the City for adoption or rejection at the election to be held on November 3, 2015:

    Chapter 4 Limitation on Employment Contracts

    6-401. All employment contracts for all at-will employees, including Mayoral appointees, City department directors, and at-will employees of any and all agencies, boards, and commissions of the City, shall be limited to a maximum term of one year. Furthermore, no such employment contract shall include terms that provide for a payment at the time of separation from employment in excess of any compensation derived from vested or accrued benefits, or payments required by law. If a department, agency, board, or commission cannot reasonably fill a position with a qualified individual under these limitations, a position may be exempted from one or more of these limitations upon written recommendation of the Mayor and the approval of City Council by resolution. These limitations shall not apply to contracts established prior to January 1, 2016.

    BE IT FURTHER RESOLVED that in accordance with the Home Rule Cities Act (MCL 117.1, et. seq.), the question shall be captioned and stated on the ballot as follows:

    CITY OF LANSING CHARTER AMENDMENT
    LIMITATION ON EMPLOYMENT CONTRACTS

    It is proposed that the Lansing City Charter be amended to add a new section 6.401 that requires all employment contracts for at-will employees, including Mayoral appointees, City department directors, and all agencies, boards, and commissions of the City, be limited to a maximum one year term. No such employment contract shall provide separation payments in excess of vested or accrued benefits, or payments required by law. A position may be exempted from one or more of these limitations. These limitations do not apply to contracts established prior to January 1, 2016.

    Shall this amendment be adopted?

    ____ YES
    ____ NO

    BE IT FURTHER RESOLVED that the Charter amendment would take effect on January 1, 2016.

    BE IT FURTHER RESOLVED that the City Clerk is hereby directed and authorized to, in accordance with the Home Rule Cities Act (MCL 117.1, et. seq.), transmit a copy of this resolution and roll call vote on it, along with a copy of the proposed amendment to the Governor of the State of Michigan for approval and a copy to the Attorney General of the State of Michigan for approval as to the form in which the proposal shall be presented to the electors.

    BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to cause the above proposal to be placed on the ballot at the election to be held on November 3, 2015.

    BE IT FURTHER RESOLVED that the ballot wording is hereby certified to the City Clerk for submission to the City’s electors at the election to be held on November 3, 2015.

    BE IT FURTHER RESOLVED that the City Clerk is hereby directed to give notice of the election and notice of registration therefore in the manner prescribed by law and to do all things and to provide all supplies necessary to submit the ballot proposal to the vote of the electors as required by law.

    BE IT FURTHER RESOLVED that in accordance with law, the City Clerk shall post the proposed Charter amendment in full at each polling place.

    BE IT FINALLY RESOLVED that the canvass and determination of the votes of said question shall be made in accordance with the laws of the State of Michigan and the Charter of the City of Lansing.
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