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Chapter 2
ADMINISTRATION*
Article I. In General
Secs. 2-1-2-30. Reserved.
Article II. City Commission
Secs. 2-31-2-60. Reserved.
Article III. Officers and Employees
Secs. 2-61-2-90. Reserved.
Article Iv. Departments
Division 1. Generally
Secs. 2-91-2-105. Reserved.
Division 2. Department of Administration
Sec. 2-106. Established.
Sec. 2-107. Assistant city manager; appointment, responsibility.
Sec. 2-108. Construction of division.
Secs. 2-109-2-125. Reserved.
Division 3. Department of Public Works
Sec. 2-126. City manager to be executive officer; appointment of director.
Sec. 2-127. Appointment of assistants and other employees.
Sec. 2-128. Report of resignations; assignments for personnel.
Sec. 2-129. Departmental orders.
Sec. 2-130. Supervision of division superintendents.
Sec. 2-131. Moonlighting by employees.
Secs. 2-132-2-145. Reserved.
Division 4. Department of Community Development
Sec. 2-146. Created; function.
Sec. 2-147. Appointment and responsibilities of director.
Sec. 2-148. Employees.
Sec. 2-149. Construction of division.
Secs. 2-150-2-165. Reserved.
Division 5. Department of Affirmative Action
Sec. 2-166. Established; functions .
Sec. 2-167. Director of affirmative action; appointment, responsibility.
Secs. 2-168-2-230. Reserved.
*State law references-Home rule city act, MCL 117.1 et seq.; standards of conduct and ethics, MCL 15.341 et seq.; open
meetings act, MCL 15.261 et seq.; freedom of information act, MCL 15.231 et seq.
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MUSKEGON CITY CODE
Article V. Finance
Division 1. Generally
Sec. 2-231. Money received for city by officers and employees; payment made
to treasury.
Sec. 2-232. Charges for collection of debts, civil fines, expenses and costs of
the city in connection with property and ordinance violations
involving property.
Secs. 2-233-2-250. Reserved.
Division 2. Purchasing and Sales
Sec. 2-251. Appointment and general duties of purchasing agent.
Sec. 2-252. Requisition and purchase orders.
Sec. 2-253. Payment and accounting.
Sec. 2-254. Purchasing procedures.
Sec. 2-255. Recovery of overhead and indirect costs.
Sec. 2-256. Board of review.
Secs. 2-257-2-259. Reserved.
Division 3. Budget Procedure
Sec. 2-260. Fiscal year.
Sec. 2-261. Budget procedures.
Sec. 2-262. Hearing.
Sec. 2-263. Adoption of budget.
Secs. 2-264-2-280. Reserved.
Article VI. Boards and Commissions
Division 1. Generally
Secs. 2-281-2-295. Reserved.
Division 2. Local Officer's Compensation Commission
Sec. 2-296. Definition.
Sec. 2-297. Created; composition; appointment and terms of members.
Sec. 2-298. Certain persons not eligible for membership.
Sec. 2-299. Compensation of members.
Sec. 2-300. Election of chairperson.
Sec. 2-301. Quorum.
Sec. 2-302. Determination of salaries of elected officials.
Sec. 2-303. When salary determinations effective; rejection of determinations
by city commission; payments to officials in addition to salaries.
Sec. 2-304. Meetings; public notice.
Sec. 2-305. Public availability of records.
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ADMINISTRATION § 2-129
ARTICLE I. IN GENERAL Secs. 2-109-2-125. Reserved.
Secs. 2-1-2-30. Reserved.
DIVISION 3. DEPARTMENT OF PUBLIC
WORKS
ARTICLE II. CITY COMMISSION
Sec. 2-126. City manager to be executive of-
Secs. 2-31-2-60. Reserved. ficer; appointment of director.
The city manager shall be the executive officer
ARTICLE III. OFFICERS AND of the department of public works. The city man-
EMPLOYEES ager shall appoint a director of public works, who
may also be the city engineer, who shall be
Secs. 2-61-2-90. Reserved. responsible to the city manager for the manage-
ment and operation of the department.
(Code 1975, § 2-71; Code 2002, § 2-126)
ARTICLE Iv. DEPARTMENTS
Sec. 2-127. Appointment of assistants and
DIVISION 1. GENERALLY other employees.
The director of public works may appoint, with
Secs. 2-91-2-105. Reserved. the consent and approval of the city manager, an
assistant director of public works, an assistant
DIVISION 2. DEPARTMENT OF director of equipment maintenance, an assistant
ADMINISTRATION city engineer and a surveyor. The director of
public works may also appoint, with the consent
Sec. 2-106. Established. and approval of the city manager, such other
employees as may be required from time to time
There is hereby established a department of by the department of public works.
administration, the functions of which shall be (Code 1975, § 2-72; Code 2002, § 2-127)
inclusive of, but not limited to, administration,
control and supervision of all city forces as a
Sec. 2-128. Report of resignations; assign-
direct extension of the city manager's office.
ments for personnel.
(Code 1975, § 2-37; Code 2002, § 2-106)
The director of public works shall report in
Sec. 2-107. Assistant city manager; appoint- writing the resignation of any member of the
ment, responsibility. department of public works, or notice of intended
The city manager shall appoint, subject to the resignation, transmitting such report to the city
advice and consent of the city commission, a manager. The director of public works shall have
qualified person to be the assistant city manager power to detail any member of the department to
who shall be responsible for carrying out the perform any service, if the good of the department
functions of this department and any directives of shall demand.
the city manager in connection herewith. (Code 1975, § 2-73; Code 2002, § 2-128)
(Code 1975, § 2-38; Code 2002, § 2-107)
Sec. 2-129. Departmental orders.
Sec. 2-108. Construction of division.
The director of public works shall have power
No provision in this division shall be construed to promulgate such orders to the department as
as conflicting with the regular functions of any may be necessary. All important orders shall be
department of the city heretofore established by given in writing and a record of such orders kept
ordinance. by the director of public works in a book provided
(Code 1975, § 2-40; Code 2002, § 2-108) especially for that purpose. It shall be the duty of
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§ 2-129 MUSKEGON CITY CODE
the entire force to render to the director of public DIVISION 4. DEPARTMENT OF
works and to his orders unquestioned obedience. COMMUNITY DEVELOPMENT
All such orders shall be in conformity to the laws
and to the rules and regulations prescribed in this
Sec. 2-146. Created; function.
division.
(Code 1975, § 2-75; Code 2002, § 2-129)
There is hereby established a department of
community development whose function shall be
Sec. 2-130. Supervision of division superin-
the supervision and coordination of all redevelop-
tendents.
ment activities relating to projects dealing with
Superintendents of divisions of the department the expenditures of the U.S. Department of Hous-
of public works shall take orders from the director ing and Urban Development funds, and redevel-
of public works and the city manager, and from opment of areas for community betterment as
them only. Obedience to orders of a superior in prescribed by the city commission, including, but
rank shall be faithfully observed, and any mem- not limited to, the management of real property
ber of the department offending in this regard will outside of development areas.
be held strictly accountable, unless such order (Code 1975, § 2-106; Code 2002, § 2-146)
has been properly countermanded, and no plea of
ignorance of the law, rules, rights and duties on
the part of the offender will avail to relieve him of Sec. 2-147. Appointment and responsibili-
the liabilities imposed. ties of director.
(Code 1975, § 2-76; Code 2002, § 2-130)
The city manager shall appoint a qualified
Sec. 2-131. Moonlighting by employees. person, subject to the advice and consent of the
city commission, as director of the department of
Members and employees of the department of community development, who shall be responsi-
public works shall devote their whole time and ble for carrying out the functions of the depart-
attention to the service of the department, except ment and any directive of the city manager in
as provided in this section. During their off-duty connection therewith.
hours, they may engage in outside business activ- (Code 1975, § 2-107; Code 2002, § 2-147)
ities so long as such activities shall in no way
impair or affect their efficiency or interfere with
the performance of their official departmental Sec. 2-148. Employees.
duties. When engaged in such outside activities,
they shall file with the director of public works a The director of the department of community
written notice of the character of work engaged in development may appoint, with the consent and
and the place where engaged, and shall make approval of the city manager, such employees as
themselves available and be prepared at all times may be required from time to time by the depart-
to respond immediately on call if their services ment.
are required by the department. It shall be the (Code 1975, § 2-108; Code 2002, § 2-148)
duty of the director of public works to determine
whether such outside activities of any member of Sec. 2-149. Construction of division.
the department are impairing or affecting his
efficiency or interfering with his official duties, No provision in this division shall be construed
and if so, such member shall be required to as conflicting with the regular functions of any
discontinue such activity. Members may engage department of the city heretofore established by
in work for other city departments whenever ordinance.
authorized by the director of public works. (Code 1975, § 2-109; Code 2002, § 2-149)
(Code 1975, § 2-77; Code 2002, § 2-131)
Secs. 2-132-2-145. Reserved. Secs. 2-150-2-165. Reserved.
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ADMINISTRATION § 2-232
DIVISION 5. DEPARTMENT OF officer or employee, under the authority of the
AFFIRMATIVE ACTION provisions of the Charter or any rule, regulation
or ordinance in force in the city or fixed or
Sec. 2-166. Established; functions. prescribed by any state law, shall be paid by such
officer or employee promptly into the city trea-
There is hereby established a department of
sury.
affirmative action, the functions of which shall be
(Code 1975, § 2-2; Code 2002, § 2-231)
inclusive of, but not limited to:
(1) Receiving of complaints on any discrimi- Sec. 2-232. Charges for collection of debts,
nation or affirmative action matter and civil fines, expenses and costs of
acting on such complaints; the city in connection with prop-
(2) Reviewing and advising the city of equal erty and ordinance violations in-
employment rules, regulations and legis- volving property.
lation; In connection with the enforcement of several
(3) Establishing, updating and monitoring a ordinances, the city experiences extraordinary
city equal opportunity policy; costs for the collection of fines, costs and expenses
which the city incurs or which are due to the city
(4) Working with and providing staffing for
the equal opportunity commission; and as a result of violations of this Code or the
existence of nuisances, including, without limita-
(5) Carrying out other matters as assigned by tion, the failure to maintain properties, the allow-
the city manager. ance of noxious weeds, damage to public and
(Code 1975, § 2-191; Code 2002, § 2-166) private property and violations or maintenance of
nuisances involving the use or occupancy of prop-
Sec. 2-167. Director of affirmative action; ap- erties. The amounts due arise from municipal
pointment, responsibility. civil infraction violations, fines, costs and sanc-
The city manager shall appoint a qualified tions, expenses incurred by the city to remedy
person to be the director of the department of conditions on properties which violate ordinances
affirmative action, who shall be responsible for or constitute nuisances, and court orders. The city
carrying out the functions of the department and incurs costs in the process of placing liens on
any directives of the city manager in connection property, including, without limitation, placing
therewith. amounts due on the tax roll. The city has deter-
(Code 1975, § 2-192; Code 2002, § 2-167) mined its administrative costs (in addition to out
of pocket costs) in pursuing collection of such
amounts by liens and tax collection. Based upon
Secs. 2-168-2-230. Reserved.
investigation by the city, the following charges
shall be made against persons or property:
ARTICLE V. FINANCE* (1) Amount and levy of service charge; lien on
property. In all cases where a lien is
DIVISION 1. GENERALLY authorized against property as a result of
a violation of the Code of Ordinances, the
Sec. 2-231. Money received for city by offi- existence of a nuisance, or a finding by a
cers and employees; payment court and an entry of a written order or
made to treasury. judgment, including a fine, sanction, costs
(including out of pocket costs and any
All funds collected or received for the city from costs ordered by a court) or the expense of
fines, fees, penalties or from other sources, by any city remedial action or work on a property,
*State law references-Revised municipal finance act, or the remedying of a nuisance on a prop-
MCL 141.2101 et seq.; uniform budgeting and accounting act, erty by the city, a service charge shall be
MCL 141.421 et seq.; deposit of public moneys, MCL 211.43b. made and levied in the amount of $25.00
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§ 2-232 MUSKEGON CITY CODE
or 20 percent of the entire amounts due, all purchases of supplies, materials and personal
not to exceed $100.00, whichever is greater. property for the city and shall also conduct all
The charge shall be included in the amount sales of personal property which the city commis-
set forth in the lien on the property and in sion may authorize to be sold.
the amount added to the property tax roll (Code 1975, § 2-17; Code 2002, § 2-251)
concerning the property.
(2) Avoidance of service charge by prompt Sec. 2-252. Requisition and purchase orders.
payment, no duplication of service charge. (a) All purchases of supplies, materials and
No such service charge shall be made in personal property shall be made pursuant to the
the event an amount due is voluntarily provisions of this division and procedures ap-
paid within 30 days after written notice is proved by the city commission.
sent by first class mail to any person
liable therefor at the last known address (b) Any requisition for the purchase of sup-
of such person; or, in the absence of mail- plies, materials or personal property exceeding
ing, within 30 days of the date that a $4,000.00 shall require the prior approval of the
notice of the amount due is posted on the city commission.
property involved. In the event both a lien
on property and personal collection efforts (c) Following approval of a requisition and
are utilized by the city, the service charge prior to any purchase of $500.00 or more, oppor-
shall be added only once. tunity for competition shall be given in accor-
dance with procedures approved by the city com-
(3) Service charge not applicable to special mission.
assessment districts or special assess-
ments for public improvements by consent. (d) All purchase orders must obtain the ap-
In the case of special assessments in as- proval of the city manager in accordance with
sessment districts or special assessments procedures approved by the city commission.
by consent or contract, and provided such
(e) Blanket purchase orders may be utilized in
assessments do not arise from a court
accordance with procedures approved by the city
order, a violation of ordinance, a nuisance,
commission.
or the remedies therefor, the service charge
shall not apply. (f) If, in the sole discretion of the city manager,
(4) Certificates of compliance or occupancy. In immediate procurement action is required to pre-
the case of property to which any such vent delays of city services that may adversely
unpaid amount is applicable, no certifi- affect the life, health or safety of the public or the
cate of compliance or occupancy for the security of city-owned assets, emergency pur-
property shall be issued by the city until chase may be made by the city manager in accor-
the judgment, amount due or lien is sat- dance with procedures approved by the city com-
isfied by payment of the total amounts mission.
due including the service charge autho- (Code 1975, § 2-18; Code 2002, § 2-252)
rized by this article.
(Code 1975, § 1-10; Code 2002, § 2-232) Sec. 2-253. Payment and accounting.
Secs. 2-233-2-250. Reserved. Following delivery to the city of supplies, ma-
terials or personal property purchased in accor-
dance with the provisions of this division, and
DIVISION 2. PURCHASING AND SALES after determining compliance with the purchase
order as to price, quality and quantity, the city
Sec. 2-251. Appointment and general duties manager shall authorize payment of the purchase
of purchasing agent. order and forward such purchase order to the
The city manager, or designated subordinates director of finance for payment.
acting on behalf of the city manager, shall make (Code 1975, § 2-19; Code 2002, § 2-253)
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ADMINISTRATION § 2-261
Sec. 2-254. Purchasing procedures. Charter and the state general tax laws shall
determine the procedures and functions of the
The city manager shall prepare and submit to board of review.
the city commission for approval any necessary (Code 1975, § 2-22; Code 2002, § 2-256)
written procedures to implement the provisions of
this division. Secs. 2-257-2-259. Reserved.
(Code 1975, § 2-20; Code 2002, § 2-254)
DIVISION 3. BUDGET PROCEDURE
Sec. 2-255. Recovery of overhead and indi-
rect costs.
Sec. 2-260. Fiscal year.
In all contracts made between the city and The fiscal year of the city shall begin on July 1.
persons, corporations, entities or governmental (Ord. No. 2277, § 1(2-260), 5-25-2010)
units, whereby the city or its personnel acting
under the authority of the city, perform services
for such third parties, there shall be charged, in Sec. 2-261. Budget procedures.
addition to charges for labor or personnel costs, The city manager shall submit to the commis-
materials, use of equipment and any other direct sion, on or before the second regular meeting in
costs, an indirect cost charge not less than 15 May, a recommended budget covering the next
percent of the charges. The indirect cost charge fiscal year. The recommended budget shall in-
shall be used to compensate the city for indirect clude the following:
cost not reflected in the direct charge for services.
The percentage amount is found by the city com- (1) Detailed estimates, with supporting ex-
mission based upon the records, experience and planations, of all proposed expenditures,
findings of the city, to equal the indirect costs including the corresponding expenditures
incurred by the city when performing such ser- for the last preceding fiscal year and esti-
vices. Contracts and memoranda shall be pre- mated expenditures for the balance of the
pared in connection with all such agreements and current fiscal year.
performances of service reflecting the inclusion of
(2) Statements of the bonded and other in-
the indirect percentage costs in or with the charges
debtedness of the city, showing debt re-
made by the city in each instance.
demption and interest requirements.
(Code 1975, § 2-21; Code 2002, § 2-255)
(3) Detailed estimates of all anticipated rev-
Sec. 2-256. Board of review. enues of the city from sources other than
taxes, with a comparative statement of
(a) Pursuant to the authority granted by sec- revenues received by the city from each of
tion 28 of the general property tax act (MCL the same or similar sources for the last
211.28), the board ofreview for the city, beginning preceding fiscal year and estimated reve-
with all meetings in 1993, shall consist of six nues for the balance of the current fiscal
members, to be appointed by the city commission. year.
(4) An estimate of the fund equity or deficit
(b) The assessor and chief deputy assessor for the current fiscal year.
shall act as the secretary and clerk, respectively,
of the board of review and shall not be voting (5) An estimate of the amount of money to be
members of such board of review. raised from current and delinquent taxes
and the amount to be raised from bond
(c) This provision for the composition and mem- issues which, together with any available
bership of the board of review is by this section unappropriated surplus and any revenues
made in place of the provisions of the city Charter. from other sources, will be available to
In all other respects, the provisions of the city meet proposed expenditures.
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§ 2-261 MUSKEGON CITY CODE
(6) Such additional information as the com- Sec. 2-297. Created; composition; appoint-
mission may request or as required by ment and terms of members.
law.
(Ord. No. 2277, § 1(2-261), 5-25-2010) A local officers' compensation commission is
hereby created for the city. The commission shall
Sec. 2-262. Hearing. consist of seven members who are registered
electors of the city, appointed by the mayor, sub-
A public hearing on the budget shall be held
ject to confirmation by a majority of the members
before its final adoption at the time and place
elected and serving on the city commission. The
established by the commission. Notice of the pub- term of office shall be seven years (the terms
lic hearing and that the proposed budget is on file
having been staggered at the time of the original
with the city shall be published at least ten days
appointment by law). Members shall be appointed
in advance of the hearing. The proposed budget
before October 1 of the year of appointment.
shall be kept on file for public inspection during
Vacancies shall be filled for the remainder of the
regular business hours at the city clerk's office for
unexpired term.
a period of not less than ten days prior to the
(Code 1975, § 2-171; Code 2002, § 2-297)
hearing. State law reference-Similar provisions, MCL ll 7.5c(a).
(Ord. No. 2277, § 1(2-262), 5-25-2010)
Sec. 2-263. Adoption of budget. Sec. 2-298. Certain persons not eligible for
membership.
After the public hearing, and not later than the
last regular meeting in June, the commission No member or employee of the legislative,
shall, by resolution, adopt a budget for the next judicial or executive branch of any level of gov-
fiscal year and provide for a levy of the amount ernment or members of the immediate family of
necessary to be raised by taxes, as required by such member or employee shall be eligible to be a
law. member of the commission.
(Ord. No. 2277, § 1(2-263), 5-25-2010) (Code 1975, § 2-172; Code 2002, § 2-298)
State law reference-Similar provisions, MCL ll 7.5c(a).
Secs. 2-264-2-280. Reserved.
Sec. 2-299. Compensation of members.
ARTICLE VI. BOARDS AND
The members of the commission shall receive
COMMISSIONS
no compensation, but shall be entitled to their
actual and necessary expenses incurred in the
DIVISION 1. GENERALLY performance of their duties.
(Code 1975, § 2-173; Code 2002, § 2-299)
Secs. 2-281-2-295. Reserved. State law reference-Similar provisions, MCL 117 .5c(c).
DIVISION 2. LOCAL OFFICER'S Sec. 2-300. Election of chairperson.
COMPENSATION COMMISSION*
The commission shall elect a chairperson from
Sec. 2-296. Definition. among its members.
(Code 1975, § 2-174; Code 2002, § 2-300)
As used in this division, the term "commission" State law reference-Similar provisions, MCL ll 7.5c(c).
shall mean the local officers' compensation com-
mission created by section 2-297, unless clearly
Sec. 2-301. Quorum.
indicated to the contrary.
(Code 1975, § 2-170; Code 2002, § 2-296)
A majority of the members of the commission
*State law reference-Local officer's compensation com- constitute a quorum for conducting the business
mission, MCL 117.5c. of the commission. The commission shall take no
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ADMINISTRATION § 2-305
action or make determinations without a concur- notice of the time, date, and place of the meeting
rence of a majority of the members appointed and of the commission shall be given in the manner
serving on the commission. required by such Act.
(Code 1975, § 2-175; Code 2002, § 2-301) (Code 2002, § 2-304)
State law reference-Similar provisions, MCL 117.5c(c). State law reference-Similar provisions, MCL 117 .5c(d).
Sec. 2-302. Determination of salaries of Sec. 2-305. Public availability of records.
elected officials. A writing prepared, owned, used, in the posses-
(a) The commission shall determine the sala- sion of, or retained by the commission in the
ries of all local elected officials. The commission performance of an official function shall be made
shall meet, for not more than 15 session days, in available to the public in compliance with Public
every odd-numbered year and shall make its Act No. 442 of 1976 (MCL 15.231 et seq.).
determination within 45 calendar days of its first (Code 2002, § 2-305)
State law reference-Similar provisions, MCL 117.5c(e).
meeting.
(b) The term "session days," as used in this
section, means any calendar days on which the
commission meets and a quorum is present.
(Code 1975, § 2-176; Code 2002, § 2-302)
State law reference-Similar provisions, MCL ll 7.5c(b),
(c).
Sec. 2-303. When salary determinations ef-
fective; rejection of determina-
tions by city commission; pay-
ments to officials in addition to
salaries.
(a) The determinations of salaries by the com-
mission, as provided for in section 2-302, shall
constitute such salaries and shall be effective 30
days following their filing with the city clerk,
unless the city commission, by resolution adopted
by two-thirds of the members elected to and
serving on the city commission, rejects such sal-
aries. In case of rejection, the existing salaries
shall prevail.
(b) Any expense, allowance or reimbursement
paid to elected officials in addition to salary shall
be for expenses incurred in the course of city
business and accounted for to the city.
(Code 1975, § 2-177; Code 2002, § 2-303)
State law reference-Similar provisions, MCL ll 7.5c(c).
Sec. 2-304. Meetings; public notice.
The business which the commission may per-
form shall be conducted at a public meeting of the
commission held in compliance with Public Act
No. 267 of 1976 (MCL 15.261 et seq.). Public
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