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ORDINANCE # 8: LOCAL OFFICIALS COMPENSATION COMMISSION
NOTICE OF ORDINANCE ADOPTION
At a Special Meeting of the Township Board of the Charter Township of Watertown held at 12803 S. Wacousta Rd., Grand Ledge, MI, on January 27, 1986, at 6:00 p.m., the following ordinance was adopted: _______
An Ordinance to create the WATERTOWN TOWNSHIP OFFICIALS COMPENSATION COMMISSION PURSUANT TO THE PROVISIONS OF MCL 41.95.
The Township of Watertown ordains:
1. LOCAL OFFICIALS COMPENSATION COMMISSION. A local officials compensation commission is created pursuant to the provisions of Michigan Compiled Laws §41.95. The commission shall determine the salary of each township elected official. The commission shall consist of five members who are registered electors of the township, appointed by the supervisor subject to confirmation by a majority of the members elected and serving on the township board. The terms of office shall be 5 years, except that of the members first appointed. One each shall be appointed for terms of 1, 2, 3, 4, and 5 years. The first members shall be appointed within 30 days after the effective date of the ordinance. Members other than the first members shall be appointed before October 1, of the year of appointment. Vacancies shall be filled for the remainder of an unexpired term. An officer or employee of a government agency or unit or member of the immediate family of an officer or employee shall not be appointed to the commission.
2. DUTIES AND RESPONSIBILITIES. The commission shall determine the salary of each township elected official which determination shall be the salary unless the township board by resolution adopted by 2/3 of the members elected to and serving on the board rejects the determination. The determination of the commission shall be effective 30 days following filing of the determination with the township clerk unless rejected by the township board. If the determination is rejected, the existing salary shall prevail. An expense allowance or reimbursement paid to elected officials in addition to salary shall be for expenses incurred in the course of township business and accounted for to the township.
3. Removal of Members. Members of the commission shall be removable by the Township Board for non-performance of duty or misconduct in office upon written charges and after public hearing.
4. PROCEDURE, PUBLIC MEETINGS AND COMPENSATION. The commission shall meet for not more than 15 session days in each odd numbered year and shall make its determination within 45 calendar days of its first meeting. A majority of the members of the commission constitutes a quorum for conducting the business of the commission. The business which the commission may perform shall be conducted at a public meeting of the commission held in compliance with Act No. 267 of the Public Acts of 1976, being section 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976. The commission shall not take action or make a determination without a concurrence of a majority of the members appointed and serving on the commission. The commission shall elect a chairperson from among its members. As used in this section, “session days” means a calendar day on which the commission meets and a quorum is present. The members of the commission shall not receive compensation, but shall be entitled to actual and necessary expenses incurred in the performance of official duties.
5. Minutes Kept and Filed. All meetings of the commission shall be held at the call of the chairman, and at such other times as the commission may determine. The commission shall keep minutes of its proceedings, showing the vote of each member on all questions and shall keep records of its finding, proceedings at hearings, and other official action, which shall be immediately filed in the office of the Township Clerk and shall be public record.
SECTION 4. EFFECTIVE DATE.
This ordinance shall become effective immediately upon publication pursuant to MCLA 42.22. The clerk is directed to forthwith publish this ordinance.
AYES: O’Bryant, Borgeson, Fraser, Gorman, McKeon, Miller
NAYES: None
ABSENT: Lowell
______________________________
Charlene M. Borgeson, Clerk
______________________________
Thomas L. O’Bryant, Supervisor
First Publication: 2/10/86
Second Publication: 3/27/86
I, Charlene M. Borgeson, Clerk of the Charter Township of Watertown, Clinton County, Michigan, hereby certify that the above Ordinance is a true copy of the action taken by the Board of Trustees on the dates set forth and published above.
______________________________
Charlene M. Borgeson, Clerk
Watertown Charter Township
RESOLUTION
WHEREAS, the Board of Watertown Township is the defendant in the case of Janice W. Case, Robert L. Case, Gayl L. Huntoon, Jack Huntoon, Terese C. Mauro, Thomas A. Mauro, Phyllis Rathbun, Daniel J. Thelen and Jeanne Carol Thelen, Plaintiffs – vs The Charter Township of Watertown, Defendant – Clinton County Circuit Court File No. 85-4352-AW; and
WHEREAS, the Circuit Court has scheduled a hearing in said case for January 30, 1986; and
WHEREAS, the plaintiffs in said case are currently circulating petitions to request a special election in connection with the salary increases approved by this Board December 30, 1985; and
WHEREAS, the Township Board desires to resolve the matter of compensation for elected officials and bring the litigation to an end without further expense.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF WATERTOWN TOWNSHIP THAT:
1. That Ordinance No. 8 which creates the WATERTOWN TOWNSHIP OFFICIALS COMPENSATION COMMISSION is hereby adopted effective immediately upon publication of said ordinance pursuant to MCLA §42.22.
2. That plaintiffs in Janice W. Case, Robert L. Case, Gayl L. Huntoon, Jack Huntoon, Terese C. Mauro, Thomas A. Mauro, Phyllis Rathbun, Daniel J. Thelen and Jeanne Carol Thelen, Plaintiffs vs. The Charter Township of Watertown, Defendant, shall forthwith submit the names of five registered electors simultaneously to the Supervisor and the members of the Board and within thirty days after the effective date of said ordinance, the Supervisor shall appoint and the Board will confirm at least two of the five to the Compensation Commission for the three and five year terms, respectively;
3. That the remaining three members of the Compensation Commission shall be appointed by the Supervisor with the confirmation of the Board as provided in Ordinance No. 8;
4. That the Compensation Commission shall convene by the First day of June, 1987, and that shall be the first day of the term of the members appointed to the Commission.
5. That from this day forward, the Township Board shall not act to increase the compensation of any elected official, whether said compensation be called salary, expenses, or otherwise, unless recommended by the Commission.
Adopted this 27th day of January, 1986.
Ayes: Fraser, Gorman, McKeon, Miller
Nays: O’Bryant, Borgeson
Absent: Lowell