Apportionment Commission - Article IV Legislation

Section 4.1 Commission

The Commission is created and the legislative power of the County is vested in the Commission. The Commission consists of 13 members elected for terms concurrent with State Representatives on a partisan basis from single member districts established by the County Apportionment Commission as provided in Article V.

Section 4.2 Qualifications of a Commissioner

A person who is a registered and qualified elector in the Commissioner district where the person resides as of the deadline for filing to run for the office of Commissioner is qualified to serve as a Commissioner for that district, unless the person is otherwise prohibited by law from holding the office of Commissioner.

Section 4.3 Meetings, Rules, and Procedures

At the first meeting of each new term, the Commission shall elect a chairperson and its other officers and establish its rules of procedure and its regular monthly meeting schedule. A Majority of the Commission constitutes a quorum.

Section 4.4 Powers and Duties

In addition to other powers and duties prescribed in this Charter, the Commission may:

(a) Adopt, amend, or repeal ordinances or resolutions;

(b) Establish committees of the Commission necessary to efficiently conduct the business of the Commission;

(c) Appropriate funds, levy taxes, fees, and other charges, and authorize borrowing as provided by this Charter and applicable laws;

(d) Approve contracts of the County;

(e) Approve or reject appointments by the Executive as provided by this Charter;

(f) Override a veto by the Executive within 30 days by at least 2/3 of the Commissioners serving;

(g) Subpoena individuals, compel the production of records, and administer oaths;

(h) Appoint, approve, and remove members of committees, boards, and commissions as provided by this Charter or law;

(i) Submit tax and ballot proposals to the electorate; and

(j) Exercise any power granted by law to charter or general law counties unless otherwise provided by this Charter.

Section 4.5 Enumerated Powers Not Exclusive

The enumeration of powers in this Charter shall not be held or deemed to be exclusive. In addition to the powers enumerated in this Charter, implied by this Charter, or appropriate to the exercise of the powers enumerated in this Charter, the Commission shall have and may exercise all legislative powers which this Charter could specifically enumerate as provided by the Constitution and the laws of the State of Michigan.

Section 4.6 Ordinances and Resolutions

The Commission shall act by ordinance if required by this Charter or law, otherwise by resolution. All acts of the Commission imposing a penalty shall be by ordinance.

Section 4.7 Ordination, Adoption, and Publication

The Commission shall, within 180 days after the effective date of this Charter, adopt an ordinance providing for codification of ordinances and the preservation and indexing of resolutions.

Section 4.8 Vacancies

4.8.1 A vacancy occurs in the office of a Commissioner by death, resignation, removal of residency from the district, or removal from office.

4.8.2 A vacancy shall be filled by appointment of a registered and qualified elector of the district in which he or she is to be appointed within 30 days by a Majority of Commissioners. The appointee shall take office upon filing the oath of office with the County Clerk after the meeting at which the appointment is made.

4.8.3 If the vacancy is filled in the first year of the term, the appointee shall serve until a successor is elected in a special election called by the Commission in accordance with law. If the vacancy is filled in the second year of the term, the appointee shall serve out the unexpired term.

Section 4.9 Removal for Incapacity

A Commissioner may be removed from office upon the affirmative vote of not less than 3/4 of the Commissioners serving after a public hearing upon a finding that the Commissioner is unable by reason of incapacity to perform the duties of office. The decision of the Commission may be appealed by the Commissioner to the Circuit Court for a de novo review.

Section 4.10 Independent Counsel

Independent counsel may be retained by the Commission to provide legal services for specific projects or issues relative to its powers and duties as deemed necessary by the Commission. The process for retaining an independent counsel shall be established by an ordinance not subject to veto by the Executive. The independent counsel shall be an attorney or attorneys licensed to practice law in Michigan. The independent counsel shall not be an Employee of the County.