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HomeMy WebLinkAboutElection Canvasses - 2008.11.04 - 2053DEPARTMENT OF , CITY CLERK Jane Leslie City Clerk . 248 841,2461 • Telephont. Main L Ina 248.656.4639' FAX 248.65C 4744 Susan Koliba-Galeztka Deputy Clerk 248.841.2463 Pam Lee City Accountant 248.656.4612 ,ftiter Sevier Billing Ititurrnat:on 248.656.4688 - C.:a'viri Leach Sexton 248.652.4713 FAX 248.6C1,9429 Accounts Payable Birth / Death Rceords . Cetimety City c'ottricil Information City Mavis Election infouriatio Liquor Licensing Mnps Odinances Pas,sport Solicitor's Permits Voter Registratiori • City Hall Omani) Infor,notion 248.656,46C0 Bryan K. BarmAL Mayor 20.656.4664 City of • • • POCIIE8TEP 11111146 1000 Rochester Hills Drive, Rochester Hills, Michigan' 48309-3033 Bryan K. Baniett, Mayor ty Coun3 Merntrers: Erik Arnbrazaitz J Martn Brenner Grog Hooper Vern A. Pixley James Rosen Michael Webber Rami valainalubi November 24, 2008 Ruth Johnson, County Clerk Oakland County 1200 N. Telegraph Rd. Pontiac, MI 48341 Re: Charter Amendment Approval Dear Ruth: The City of Rochester Ells electorate at its November 4, 2008 General . Election approved the following charter amendments: • 1. Section 7.2 QUALIFICATIONS Each Council member shall be a registered elector in the City and shall have been a resident of the City for one year immediately prior to the final date of tiling of nominating petitions, A Council candidate Shall be a resident of the Distriefin order to represent a District and shLl maintain residency in the district during the terrn of office. A 1 COUNCIL MEMBER OR COUNCIL CANPIDATE SHALL NOT BE IN DEFAULT OF PAYMEN"f Of ANY TAX, ASSESSMENT OR OBLIGATION OWED TO THE CITY. , Section 7.5 JUDGE OF QUALIFICATIONS OF MEMBERS The Council sna:1 be the judge of.the eligibility and qualifications ,of its own Members, subject only to review by the courts. IF THE . COUNCIL, AFTER INVESTIGATION AND PUBLIC HEARING, DETER-MINES BY THE AFFIRMATIVE VOTE .OF AT LEAST, • FIVE (5) MEMBERS OF-COUNCIL THAT A COUNCIL MEMBER IS NOT ELIGIBLE OR QUALIFIED, UNDER SECTION 7.2, ABOVE, TO HOLD OFFICE, THE COUNCIL MEMBER'S OFFICE SHALL BE DEEMED VACANT. 3. SECTION 7.10 FELONY CONVICTION (NEW SECTION) UPON A COUNCIL MEMBER'S CONVICTION OF A- FELONY, THE COUNCIL MEMBER'S OFFICE SHALL BE DEEMED •ORRITED AND VACANT. vomrochesterhills.org Secretary of State Land November 24, 2008 Page 2 4. Section 8.2 ELECTIONS AND TERM OF OFFICE The Mayor shall be elected to a four-year term. The Mayor shall be a registered elector and a resident of the City for at least one year immediately prior to the final date for filing nominating petitions. THE MAYOR OR A CANDIDATE FOR MAYOR SHALL NOT BE IN DEFAULT OF PAYMENT OF ANY TAX, ASSESSMENT OR OBLIGATION OWED TO THE CITY. The term of office of the Mayor shall commence on the second Monday next following the date of the regular City election at which he or she was elected. .- Section 8.3 DUTIES ,OF THE MAYOR rTIR The Mayor shall be the!adrnntistratiVe and executive head of the City The Mayor shall be a"&iii§FrVator of the*ace and may exercise within the City the powers conferred upon sheriffs .-to:suPPress disorder. The - Mayor shall have authority to cot -tin:land the assistance of all able- — ,bodiedt citizens to aid in the enforeement,Of the ordinances and / regulations of the Council, Ii *,addition to;these'curicAiotis :, the Mayor shall he charged the follO;Ong,pOw:PY,S:and ‘k,.1 Maintain:46-Office during normal business hotirs-it'a place provided by the CouneV.::, pi .2 Enforce all laWsrand- -CitkórdihanceS ,and regulations; 4-1 - fit (.;1 Appoint and rernöve-for EauseDepartment Di rectors wtro employees of the city without concurrence of the council, subject I,. to appeal as may be provided by contract or ordir,i1Oce, , \Ensure that all-terms-and ,conditions imposed in.faVörbf the City or its inhabitants in any public utility franehise ;?ofin%/any contract, are faithfully kept and pefforrried; ;0 f .5 Authenticate bY:Signature:suCh Instruments and proceedings as jrequired by laNniOi l'bYlthe'ICOuncil; .6 Prep-are and administer the annual budget; MAINTAIN A sysrEm OF Accppqs WHICH CONFORM TO SUCH UNIFORM SYSTEM AS REQUIRED BY STATE LAW, and keep the advised at all times as to the financial condition and needs of the City; .7 On or before the first day of May in each year, prepare and submit , to the Council and the public, a complete report of the finances and administrative activities of the City during the prior fiscal year; .8 Recommend to the Council for adoption such measures as the Mayor may deem necessary or expedient; .9 Be responsible for the efficient administration of all Departments Secretary of State Land November 24, 2008 Page 3 of the City government and the allocation of building space to the various Departments of the City; , .10 Approve administrative rules and regulations of all Departments, boards and commissions of the City government, before such rules and regulations shall become effective, except .as otherwise provided by this Charter; .11 Be the sole spokesperson for the administration of the City, except for the Clerk, Treasurer, and Assessor, insofar as their duties provided bylaw; .12 Exercise and perform all administrative functions of the City which are not imposed by law or ordinance on some other City officer or agency; .13 Exercise such other-powers and perform such other duties as may be prescribed bylaw,-,or,as may be 'required by ordinance or by direction of the,Caneil;Whether herein specificallyenumerated or -_, . , . .4 Rep6rt to the Council concerning the,work of the administrative /1 , , (Officers and Departments of the City: and, tb ---(that end, .secure such 2 "inf6rmation and periodical , of:.SPecizil:4:epOrts'sas'lheiMayor or the - ., Council may deem neceOar=y; / '''-‘,,,..115''Exereise a -Vet-6,ot any ordinance or reSOlution,ofAthe Council, except those Conned resolution s óove6d under SeCtions 7.8,. 8.4 „. 1 -and94 (li j 6 Recommend to thetouncilPerSorinel --kOlicies and'procedirres for q A 1 the City. 17 Appoint Boards and Commissions of the City a'S proyfejed by State 1. ,. .. WI SW, SECTION) pPoiy THE MAYOR'S CONVICTION OF A FE'L1)7N/Y, THE 1A-YOR'S OFFICE'SFIALL-BE DEEMED FORFEITED AND VACANT. ,„ k law. ECTIO.N 8.25k FELONY.CONVICTIO*, "t7) - - 7. Section 8.11 DEPARTMENT OF THE CITY CLERK The Clerk shall be the Director of the Department of the City Clerk. The Clerk shall: .1 Be the Clerk of the Council and keep a permanent journal of its proceedings in the English language. ,.2 Keep a record of all ordinances, resolutions and actions of the Council, .3 Have power to administer all oaths required by State law, this Charter and ordinances of the City. Secretary of State Land Noveniber .24, 2008 Page 4 .4 Be custodian of the City Seal„ and affix it to all documents and instruments requiring the Seal and shall attest the same. .5 Be custodian of all papers, documents and records pertaining to thet • City, the custody of which is not otherwise provided for in this Charter. .6 Give the proper officials of the City ample notice of the expirationj or termination of any official bonds, franchises, contracts or agreements. .7 Issue and sign all licenses granted after the license fee has been • paid to the Treasurer, and register the same. .8 Certify by signature all ordinances and resolutions enacted or passed by the Council. .9 Countersign all warrants,issued upon the Treasurer. 442. 1 r Report and be responsible td .:the 1\10:Or 'for ihepfficial functions .- and activities of Clerk's position and for. the day-to-day operations i of the Department, except as otherwiSlp provided by State law. .12 Publish and post noticeSifthe City as required by this Charter, ,,.. ,. i Statelaw.and:Ordinancekr-oft.he City. i .. fl-, ' • , • To certified copies of the tally of the vote on the above propo'salS are . .., included for your records. All charter amendments were approved by the i .,/ electorate on Tuesday. November4,,2008: .,.5i '. .,-.— .., If you haVeqUestions concerning'ths matter, please reel irr0;to contact me at ,248-6564630. \ , . Yours truly. Leslie, Clerk, CMC ity of Rochester Hills Enc. cc: Mayor Barnett John D. Staran —44 TO Conduct elections in accordance witIrthis;Charter and State (election law. accounts -which confoih to Such uniform system as may be required by State,-law. N.! .. --, ...-.... • • -- .. i 11 A • „ ....... ___:, ii, • .. • • . ti t _ CITY OF ROCHESTER HILLS GENERAL ELECTION,NOVEMBER 4,2008 BALLOT PROPOSAL RESULTS • PROPOSED CITY CHARTER AMENDMENT TO REQUIRE THAT A COUNCILMEMBER OR COUNCIL CANDIDATE SHALL NOT BE IN DEFAULT TO THE CITY A proposal to amend the City Charter by modifying Section 7.2. This section sets forth the,qualifications for City CouncilmembersAol* office. If adopted, the amendment will provide that a CouncilmemberOr 'counciI r.capdidate shall not be in default of payment Of any tax, assessment or obligation OWeatcithe City Shall the City of Rochesterflills-Charter be amended to that a Councilmerriber orCouncil candidate shall not:.be assessment or obligatton Owed to the City? I Yes 27;494 / 3 No • /6 751. No modify Section 7.2 to provide in default 9f of any tax, z - 4 PROPOSD414RTER AMENDMENT...TO-PROVIDE A.pROCEDURE FOR THE CITYCOUNCILTO JUDGE THE QUALIFICATIONS,OE MEMBERS A proposal to‘‘c,fid the City Charter by modifying Section 7/5. If adoptted,..,the amendment vill provide a procedure requiring the affirmati4-yôte,6fi'fi*,ifiembers of Council, followinliiiyeStigation and ptibildheiliig, to deterMine-thgt Cmmber , OUncile. is not eligible or qualified to hold office ,under_Charter Section 7.2.' , Shall the City of Rochester Hills Charter be amended to modify Section 7.5 to provide a procedure requiring the affirniatiVe. vote of fii:ie members of Council, folloWing investigation and public hearing, to determine that a Councilmember is not eligible or qualified to hold.office under Charter Section.7.27 Yes 25,761 • No 7,208 - _ , k Certified Ballot Proposal Results City of Rochester Hills November 24, 2008 Page 2 • PROPOSED CHARTER AMENDMENT TO PROVIDE THAT UPON FELONY CONVICTION, A COUNCILMEMBER FORFEITS OFFICE A proposal to amend the City Charter by adding Section 7.10. If adopted, this new section will provide that upon a Councilmember's conviction of a felony, the Councilmember's office shall be deemed forfeited and vacated. Shall the City of Rochester Hills Charter be amended to provide that upon a Councilmember's conviction of a felony, the Councilmember's office shall be deemed forfeited. and vacant? Yes 33,456 No 1,864 PROPOSED.CITYpmgER AMENDMENT TO-REOURE THAT THE MAYOR OR CANDIDATE FOR MAYOR SHALL NOT BE IN DEFAULT TO THE CITY 7.3): A proposal to attend the City Charter by modifxingSection,8,.22 Thissection sets forth the qualifieatiofislofMayor., If adopted, the arii-endrnent ‘Vill'provid&,that ii-jb Mayor or a candidate for Mayor Shall.not'be in default of pairneOr of any tax, aSsessMek or obligation owed to' the City.. A - - • • : Shall the City of Rochester Hills Charter be to modify Section 8.2 to provide that the May,q77)alpnelidate for Mayor shall assessment or obligation owed to the City. I A Yes 29;340 No .... . . 5,101,;) PROPOSED CH-AitT•R AMENPMENFTvPROVIDEXFIAT,UpQN FELONY c -- CONVICTION. TII -MAYOR FORFEIT'S OFFICE . . . . A proposal to amend the CV -Charter by .aciding,,Sectfon -8.6A.,If adopted, this new section will provide that upon the Mayor:Cii'iivittien of a felony, the Mayor's office Shall be deemed forfeited and • Shall the City of Rochester Hills Charter be amended to provide that upon the Mayor's conviction of'a felony, the Mayor's office shall be deemed forfeited and vacant? Yes 34,012 No 1,541 • r - - '_- - ' ' 0: Certified Ballot Proposal Results • City of Rochester Hills November 24, 2008 Page 3 PROPOSED CHARTER AMENDMENT TO ELIMINATE THE DUTY OF THE CITY CLERK TO BE THE CHIEF ACCOUNTANT OF THE CITY AND TO ADD MAINTENANCE OF A SYSTEM OF ACCOUNTS TO THE MAYOR'S DUTIES A proposal to amend the City Charter by modifying Sections 8.3 and 8.11. If adopted; the duty of the City Clerk to be the chief accountant of the City and to maintain a system of accounts will be eliminated, and the maintenance of a system of accounts will be added to the Mayor's duties. Shall the City of Rochester Hills Charter be amended to eliminate the duty of the City . Clerk to be the chief accountant of the City-and-to-maintain a system of accounts, and to add maintenance of a system of accounts td,theNayor's duties? . :0 Yes 16,607 No • 15,733 / CERTIFICATE , x.,....1 g 11,1 „ -• , ' ''''',.: ' : . ' ''. ; 1 1, Jane Leslie c-Rity Clerk for the City of Rochester IiillS, do hereby cOtifyihat the : foregoing is a true and coMplete copy of the election results concerning Oiaft‘r t , amendmentsthe,torminal of 'Which is on file in my office, adopted byithe,electordte of the City of Rochsteiliills at the General Elettion-held Ori'November 4,'-''20 -68.: 1 --,.,,i Dated:' November 24, 2008 • - - - - - - - - • - - - - - - - - t . • . " • .• . . • • ' • •• •" , . • t•••• - ... ,i4 u •::. .0:,--7,.- .. -- ......,-; ,. 0 .. - ,:. ,;:' - ) 4 4 - - - - 7 - - : ••• ' :.::::', ° . ,7. ' •"" --;-- A . ‘. E, r LESLIE, City Clerk, CMC. ; 'ity,of,gochestei:J-lills.. - - - ,-, -..•