§ 4.2. Eligibility for City Office—General Qualifications.

(a)

Except as otherwise provided in this charter, a person is eligible for election or appointment to an elective city office if he has been a registered elector of the city, or of territory annexed to the city, for a total of two years or more, immediately preceding his election or appointment and is the owner of property in the city which is assessed for taxes.

(b)

A person is eligible for appointment to an appointive city office if he is a registered elector of the city: Provided, That this qualification may be waived as to any such officer, except members of a board, by a resolution concurred in by not less than five of the members of the Council. When such requirement is waived, the appointment to office shall be provisional, until the appointee becomes a registered elector of the city. Each person for whom such requirement is waived shall become a resident of the city within ninety days, and a registered elector of the city within nine months, after the date of his appointment.

(c)

The Council shall be the judge of the election and qualifications of its members, subject to the election recount provisions of law and review by the courts relative to questions concerning qualifications for holding city office.

Editor's note— A two-year residency requirement for city office was held violative of equal protection by Green v. McKeon, 335 F. Supp. 630 (E.D. Mich. 1971), affirmed by 468 F.2d 883 (6t Cir. 1972). A one-year residency requirement was upheld by Joseph v. City of Birmingham, 510 F. Supp. 1319 (E.D. Mich. 1981).

Property ownership requirement for elective office was held violative of equal protection by Turner v. Frouche, 396 U.S. 346 (1969).

State Law, Act 212 of 1999 (MCL 15.602), dictates residency can only be restricted to an area within 20 miles of the nearest boundary of the public employer.

State law reference

Mandatory that Charter provide for qualifications of its officers, MSL 117.3(d), MSA 5.2073(d).