HomeMy WebLinkAboutElection Canvasses - 2008.11.04 - 2053DEPARTMENT OF
, CITY CLERK
Jane Leslie
City Clerk .
248 841,2461
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Susan Koliba-Galeztka
Deputy Clerk
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Pam Lee
City Accountant
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,ftiter Sevier
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C.:a'viri Leach
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Bryan K. BarmAL
Mayor
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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.!
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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
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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
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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
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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
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Dated:' November 24, 2008
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A . ‘. E, r LESLIE, City Clerk, CMC. ;
'ity,of,gochestei:J-lills..
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