Charter Revision Handbook Table of Contents

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Resource Material,1 article Charter Revision Amendment. 2 article So You Want a New Charter, 3 article Nature and Purpose of a Home Rule Charter. 4 General Subject Areas of a charter, 5 Mandatory Charter Provisions of the Home Rule City Act. 6 Municipal Report Organization of City and Village Government in Michigan. 7 Sample Rules of Procedure,c Grand Rapids,8 Sample Minutes. b East Grand Rapids,c Parchment, 9 The Home Rule City Act PA 279 of 1909 link to Michigan legislature.
10 National Civic League Model City Charter information link to national civic league. II Village,1 article Charter Revision Amendment,2 article So You Want a New Charter. 3 article Nature and Purpose of a Home Rule Charter. 4 General Subject Areas of a charter, 5 Mandatory Charter Provisions of the Home Rule Village Act. 6 Outline of Procedures for Revision of Village Charter under Home Rule Village Act. 7 Municipal Report Organization of City and Village Government in Michigan. 8 Sample Rules of Procedure,c Grand Rapids,9 Sample Minutes. b East Grand Rapids,c Parchment, 10 The Home Rule Village Act PA 278 of 1909 link to Michigan legislature. This Workbook for Charter Commissioners is the product of the efforts of a committee of. the Michigan Association of Municipal Attorneys in cooperation with staff of the Michigan. Municipal League and has involved many individuals who have been active in charter. revision work through the years The particular focus of the Workbook and much of the. material is drawn from a workshop for charter commissioners held jointly by the. Attorneys Association and the League on November 23 1991. The format of the Workbook will facilitate periodic amendments as necessary and. particularly as charter commissioners and others may make suggestions for additional. Michigan municipalities are in a period of charter activism driven by aging charters. which are perhaps not wholly adequate to the times and circumstances at the close of. the 20th and near the 21st century Approximately 40 cities and villages since 1989 have. been through or were at some stage in their charter revision process when this. Workbook was prepared, This current tide of charter revision activity will probably continue into the mid 1990 s and.
possibly longer From the 1930 s through the 1960 s most charters were from new. municipal incorporations Records show 33 new incorporations in the 1930 s 33 in the. 1950 s and 42 in the 1960 s The charters written and adopted in those years now. anywhere from 40 to 70 years ago are ready for retirement So there has been a shift in. charter activity as the twentieth century closes from new charters of brand new cities to. charter revisions by older cities This accounts for most of the current charter activity. Charter revision in these municipalities must take into account the accumulated changes. in state legislation and intervening court decisions which have made many charter. provisions once valid in their time invalid or unenforceable Many newly elected. members of municipal governing bodies and citizens have wondered about these dead. letter charter provisions which seem to be so much excess verbiage In addition. fundamental economic and population changes in many communities have suggested. the need for a fresh look at fundamental governmental arrangements in home rule cities. Charter revision has reduced the number of cities governed by the Fourth Class Cities. Act Act 215 P A 1895 as amended as those communities opt for home rule charters. Charter Commissioners Handbook, The Legislature probably accelerated this trend when it amended the Fourth Class Cities. Act in 1976 to declare them all home rule cities MCL 81 1 c effective January 1 1980. The number of cities governed by the Fourth Class Cities Act as the local charter now. stands at seven 2003, Another reason for charter activity has been the long term trends in village government. in Michigan movement from village to city status and from general law to home rule. village status Until 1998 when the village of Lake Isabella was incorporated the. number of home rule villages had not changed in a quarter of a century However many. home rule villages have reincorporated as cities the Village of Clarkston being the most. recent example Many general law villages have opted for their own charters under the. Home Rule Village Act Act 278 P A 1908 as amended and since 1961 106 villages. have reincorporated as home rule cities with home rule city charters. Finally townships have incorporated as cities adding to the number of municipal. incorporations and new city charters in recent years The cities of Auburn Hills 1983. and Rochester Hills 1984 are most recent examples, We hope that this Workbook will be a useful general resource for those now serving as. elected charter commissioners as appointed members of charter study groups and who. one day may find themselves on such bodies, Special recognition and thanks are due to the members of a focus group of charter. consultants municipal attorneys academicians charter commissioners and charter. study committee members who contributed no small part to the events materials and. thinking that went into this Workbook,1991 Charter Focus Group Members.
Mr Robert Fryer Executive Director Michigan Municipal League. Mr John M Patriarche Executive Director Michigan Municipal League. Robert Queller Executive Director Citizens Research Council. Mr George Elworth Michigan Assistant Attorney General. Mr Milton Firestone Michigan Assistant Attorney General. Charter Commissioners Handbook,Mr Sinclair Powell municipal attorney. Mr Kenneth VerBurg Boundary Commission Chair, Mr Dennis Day Chairman Memphis City Charter Advisory Committee. Dr Susan B Hannah Vice Chancellor for Academic Affairs Indiana University Purdue. University Fort Wayne, Dr Joe Ohren Faculty Public Administration Political Science Dept Eastern Michigan. University, Mr Thomas M Donnellan municipal attorney and charter consultant. Mr Robert Hegal charter consultant,Mr Dennis McGinty East Lansing City Attorney.
Mr George B Davis municipal attorney, Mr Richard A Wisz Chairman Hamtramck Charter Revision Commission. Prof Ellis Perlman Dept Political Science University of Mich Flint. Alvan Knot Lansing City Attorney, Daniel C Matson DeWitt City Attorney charter consultant. Ronald W Lowe Plymouth City Attorney,Eric D Williams Big Rapids City Attorney. Peter Letzmann Troy City Attorney,William C Mathewson Staff Attorney MML. William L Stuede General Counsel MML,Charter Commissioners Handbook.
The Charter Revision Handbook was developed from an MML seminar. The presentations have been transcribed as Chapters 2 10. Daniel C Matson Moderator, I want to welcome you to what we believe is a Michigan first a workshop for charter. commissioners a novel event in our state The origin of this workshop stems from the. joint effort of the Michigan Association of Municipal Attorneys and the staff of the. Michigan Municipal League The Municipal Attorneys Association is a chartered section. of the League, There are a number of Michigan communities which are now in the process of revising. their charters By assisting such communities in sharing information about the nature. and creation of their fundamental governing documents the sponsoring organizations. are also attempting to fulfill their own purposes, This workshop is a perception of the future of our communities as viewed through. municipal charters In the 20th century Michigan has had the experience of two. Constitutions and the Home Rule Cities Act This legal framework presents dramatic. opportunities for municipalities to thrive through self government principally by the. device of the home rule charter, We ask you to continually reflect upon how your work as charter commissioners will. enhance government in your community in the next century In your deliberations. please consider what may be essential to good government that may not yet be. implemented in your municipality There will be need for improvement in certain areas. which may not have been previously addressed in your existing charters such as. planning for change continuing education of officials and staff ethics out of court. conflict resolution methods intergovernmental relations cultural enhancement including. promotion of the arts keeping the public informed and future charter revisions How. creative will you be in this process What else may your community not presently. address that you envision as a present or future need Should certain of the mentioned. items be mandated in the municipal charter Should they be referred to in a preface or. preamble to your charter Should their benefits be reserved for more casual treatment. by future officials,Charter Commissioners Handbook.
Your commitment as charter commissioners is evidenced by your sacrifice of much time. and sharing of talent both of which will produce benefits for untold numbers of citizens. within your communities You are not alone in this process. The participants in this workshop represent much experience Your presenters today. include learned university professors charter consultants experienced charter. commissioners municipal attorneys specialists from the Attorney General s office. Michigan Municipal League support staff and the substantial resources of the League. The materials that you will receive constitute a unique workbook containing the statutory. framework for charters treatises of Michigan home rule government on various. implementing procedures and a checklist of what must appear in municipal charters In. addition a charter data base is being developed by the Michigan Municipal League All. of this effort is for your benefit as you engage in the charter adventure. Charter Commissioners Handbook,Home Rule in Michigan. The doctrine of self determination more commonly referred to as Home Rule may be. defined as the constitutionally granted prerogative of political subdivisions of the State to. have control over and to have full responsibility for governmental matters of purely local. concern without interference by the State, The people of the State of Michigan through the Constitutional Convention of 1908 have. conferred such powers on the cities and villages of Michigan The 45th Legislature of the. State of Michigan and subsequent legislatures in keeping with the spirit of the. Constitution have adopted enabling legislation which has made possible the practical. application of Home Rule The Constitution of 1963 reaffirms and strengthens the. principle of home rule for cities and villages, Cities and villages of Michigan have fully accepted the responsibilities under such grant. of power and the existence of the doctrine of self determination has been the largest. single factor in bringing about the high standards which prevail today in municipal. government in Michigan, Excerpt from Statement of Policy on Home Rule in Michigan Michigan Municipal. League 1972 73,Charter Commissioners Handbook,Constitution of the State of Michigan 1963.
Article VII Sec 22 Local Government, Charters Resolutions Ordinances Enumeration of Powers. 22 Under general laws the electors of each city and village shall have the power and. authority to frame adopt and amend its charter and to amend an existing charter of the. city or village theretofore granted or enacted by the legislature for the government of the. city or village Each such city and village shall have power to adopt resolutions and. ordinances relating to its municipal concerns property and government subject to the. constitution and law No enumeration of powers granted to cities and villages in this. constitution shall limit or restrict the general grant of authority conferred by this section. Charter Commissioners Handbook,Structure of Local Government. by Member Resource Services, The present status of cities and villages in Michigan is the result of historical tradition of. the home rule provisions of the Constitutions of 1908 and 1963 of the home rule acts of. 1907 and the initiative of individual communities, During the nineteenth century the state legislature recognized the need to incorporate. the densely settled communities within the basic pattern of counties and townships The. system of local government written into Michigan s 1908 and 1963 constitutions. recognized the continuing existence of counties and townships with the voluntary. incorporation of the more densely settled areas as cities and villages An innovation in. the 1908 constitution was a provision for city and village home rule charters a change. which was to have many repercussions, The basic difference between a city and a village is that whenever and wherever an area.
is incorporated as a village it stays within the township The villagers participate in. township affairs and pay township taxes in addition to having their own village. government Incorporation as a city however removes an area from township. government City dwellers participate in county elections and pay county taxes as do. villagers but are removed from township units, Villages in Michigan are organized primarily to establish local regulatory ordinances and. to provide local services such as fire and police protection public works and utilities. Certain of the local duties required by the state are not demanded of the village but are. Charter Revision Handbook Table of Contents Preface Note to the Reader Introduction Home Rule in Michigan Constitution of the State of Michigan 1963 Article VII Sec 22 Local Government Chapter 1 Structure of Local Government Michigan Municipal League Member Resource Services Bio Chapter 2 The Role of a Charter Commission An Overview Ken Verburg Boundary Commission Chair Bio Chapter 3

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