§ 5.4. Meetings of the Council.

(a)

The Council shall meet in the established Council chambers, or such other place in the city as may be established by ordinance, and shall hold at least two regular meetings in each month, the time and date of which shall be set by resolution. In the selection of its meeting place and time of meeting consideration shall be given to the reasonable accommodation of the public. If any time set for the holding of a regular meeting of the Council shall be a legal holiday, then such regular meeting shall be held at the same time and place on the next day which is not a legal holiday.

(b)

The Mayor shall preside at all meetings of the Council and shall have an equal voice and vote with other members of the Council upon all matters. He shall be the chief executive officer of the city, shall be a conservator of the peace with all the powers of a sheriff to maintain order in the city, shall represent the city for all ceremonial purposes, and shall do and perform all duties required of him by law. The Mayor and persons acting in his stead shall not possess the veto power.

(c)

In the absence or disability of the Mayor, the Mayor Pro-tem shall act in the stead of the Mayor, and shall possess the powers of the Mayor, but shall not be entitled to cast a vote for the Mayor. In the absence of both the Mayor and the Mayor Pro-Tem, the Councilmen present at any meeting shall appoint one of their number to act as Mayor during such absence.

(d)

The Mayor Pro-tem shall succeed to the office of the Mayor when a vacancy occurs in that office, until such time as the Council shall appoint an elected member of the Council to fill such vacancy. When filling a vacancy in the office of Mayor, the Mayor Pro-tem and such appointed person shall receive the compensation of the Mayor pro rated during the time that they shall respectively be Mayor.

(e)

Special meetings of the Council shall be held at the regular meeting place of the Council. Special meetings shall be called by the Clerk on the written request of the Mayor, or any two members of the Council, on at least six hours written notice, designating the time and purpose of such meeting, and served personally on each member of the Council, or left at his place of residence, as shown on the registration rolls of the city, by the Clerk or by someone designated by him. A copy of such notice shall also be so left at the place of business of each newspaper printed and published in the city. An affidavit of the service of notices required by this section thereof shall be entered in the journal of such meeting.

(f)

Notwithstanding the foregoing requirements for the calling of special meetings, for an emergency, with the emergency stated in the minutes of the meeting, any special meeting for such purpose shall be a legal meeting if a quorum be present, without the six hour notice required by this section.

(g)

No business shall be transacted at any special meeting of the Council, except that stated in the notice of the meeting.

(h)

All regular and special meetings of the Council shall be public meetings and the public shall have a reasonable opportunity to be heard.

(i)

Four members of the Council shall be a quorum for the transaction of business at all of its meetings. In the absence of a quorum, any number less than a quorum may adjourn a meeting to a later date, with notice thereof to be given by the Clerk as in the case of a special meeting.

(j)

The Council shall determine its own rules and order of business and shall keep a journal in the English language, of all its proceedings. The journal of each meeting of the Council shall be signed by the Clerk and countersigned by the Mayor. The vote upon the passage of all ordinances and upon the adoption of all resolutions shall be taken by "Yes" or "No" votes and shall be entered upon the record, except that, where the vote is unanimous, it shall only be necessary to so state. The public shall have access to the minutes and records of all meetings of the Council at reasonable times.

(k)

Within ten days after each of its meetings, the Council shall cause the proceedings thereof, or a synopsis of such proceedings signed by the Mayor and the Clerk, to be published in a newspaper which is qualified by law to publish legal notices in the city.

(l)

There shall be no standing committees of the Council.

(m)

The Council may compel the attendance of its own members and of all other officers and employees of the city at its meetings. Any member of the Council or other officer who, when requested to do so by the Council, refuses to attend such meetings, for reasons other than confining illness, or to conduct himself in an orderly manner thereat, shall be deemed guilty of a violation of this charter. The Chief of Police or such other person as the Council shall designate shall serve as the Sergeant-at-arms of the Council in the enforcement of the provisions of this section and to maintain order at Council meetings.

(n)

No member of the Council shall vote on any question upon which he or a member of his family has a direct or indirect financial interest other than as a citizen of the city. Otherwise, each member of the Council present shall vote on each question before the Council for a determination, unless excused therefrom by the affirmative vote of all remaining members able to vote on the question. If a question is raised under this section at any Council meeting, such question shall be determined before the main question shall be voted on, but the council member affected shall not vote on such determination.

(o)

Except in those cases where a larger majority is required by law or the provisions of this charter, no ordinance or resolution shall be adopted or passed, nor shall any other official action be taken, except by the affirmative vote of at least four members.

State law reference

Mandatory that Charter provide that all meetings of the council shall be open to the public, MCL 117.3(l), MSA 5.2073(l); mandatory that Charter provide for keeping of a journal of every session, MCL 117.3(m), MSA 5.2073(m); open meetings act, MCL 15.261 et seq., MSA 4.1800(11) et seq.