On October 18, 2017 at the Regular Village Council Meeting:
Appointment of elected positions, clerk & treasurer – Clerk McPherson reviewed ordinance to council. Motion to adopt ordinance to change clerk & treasurer positions from elected to appointed by Schroeder, seconded by McPherson. Motion carried.
Aye: Bass, Evans, McPherson, Ronning, Schroeder, Bair
The Village supplied a copy of the Approved October Minutes to Bear Lake News on November 16, 2017. They have not, to date, published them on the Village Website.
The following was published in the Manistee News Advocate on October 27:
NOTICE OF ADOPTION OF VILLAGE CLERK –
TREASURER APPOINTMENT ORDINANCE
Ordinance No. 1 of 2017
and the RIGHT OF REFERENDUM RELATING THERETO
PLEASE TAKE NOTICE that pursuant to MCL 62.1 (3) the Bear Lake Village Council, at its regular meeting on October .ta , 2017, enacted Ordinance No. 1 of 2017, which provides for the appointment of the Village Clerk and Village Treasurer.
RIGHT OF REFERENDUM.
The Ordinance shall become effective 45 days after its enactment without a vote of the electors, unless a petition signed by not less than ten (10%) percent of the registered electors of the Village is filed with the Village Clerk within 45 days after the date the Ordinance was enacted. If such a petition is filed, the Ordinance shall not become effective unless approved by a majority of the qualified electors of the Village at an election held on the question.
This notice is given pursuant to the requirements of MCL 62.1 (4). Cindi McPherson, Clerk Village of Bear take
VILLAGE OF BEAR LAKE
Ordinance No.1 of 2017
AN ORDINANCE TO PROVIDE FOR THE APPOINTMENT OF THE VILLAGE CLERK AND VILLAGE TREASURER. THE VILLAGE OF BEAR LAKE ORDAINS:
Section 1. Establishment of Offices.
As authorized by MCL 62.1 (3), the village clerk and village treasurer shall be chosen by nomination of the village president and appointment by a majority of the village council.
Section 2. Term of Offices.
The term of office of the village clerk and village treasurer shall be two years, beginning on November 20 of each even numbered year and until a successor is appointed. The persons first appointed as village clerk and village treasurer under this ordinance shall have an initial term of office commencing on November 20, 2018, or when the office becomes vacant, whichever occurs first. The persons appointed village clerk and village treasurer shall take and subscribe the oath of office and shall file it with the village clerk prior to taking office, together with the filing of any bond required by law.
Section 3. Effective Date.
This ordinance shall take effect 45 days after the date of its adoption, unless a petition signed by not less than ten percent (10%) of the registered electors of the village is filed with the village clerk within such 45-day period, in which case this ordinance takes effect upon approval at an election held on the question of whether this ordinance should be approved. Notice of the delayed effect of this ordinance and the right of petition under this section shall be published separately at the same time and in the same manner as this ordinance is published in a local newspaper of general circulation.
Section 4. Adoption.
This ordinance shall be adopted by an affirmative vote of at least two-thirds (2/3) of the members of the village council.
Section 5. Severability.
If any section, provision or clause of this ordinance or the application thereof to any person or circumstance shall be invalid, such invalidity shall not effect any remaining portion or application of this ordinance which can be given effect without the invalid portion or application.
Section 5. Publication.
The village clerk shall certify to the adoption of this ordinance and cause the same to be published as required by law. Ordinance No.1 was adopted on the 18th day of October, 2017, by the Bear Lake Village Council as follows:
Motion by: Schroeder Seconded by: McPherson Yeas: Bass, Evans, McPherson, Ronning, Schroeder, Bair Nays: None
Cindi McPherson, Clerk
Jeff Bair, President
I certify that this is a true copy of Ordinance No. 1 that was adopted at a regular meeting of the Bear Lake Village Council on October 18th , 2017 and published
in the Manistee News Advocate on October 27, 2017.
Dated: 18 October 2017 Cindi McPherson, Clerk October 27, 2017
The rationale for proposing this change in Village Government is that someone elected to these positions may not have the necessary administration or financial management skills. In addition, as the electorate could choose a different candidate every two years this could result in disjointed institutional records.
Today, exercising the provisions as published, a Petition to hold a Referendum Vote of the registered voters of the Village of Bear Lake, signed by 48 individuals, on this matter was submitted to the Village Clerk.
- Village tax payers should have a chance to vote on a decision that takes away their right to vote to Elect or Recall these two positions.
- As the notice of the Ordinance, passed October 18, 2017 was only published once in the News Advocate and is nowhere on the Village web site, Village tax payers have a right to adequate time to consider this change.
- These 2 positions account for over 1/3 of all collected property taxes.
- Under this Ordinance neither appointees would be required to be village residents.
- If there is concern that an elected Clerk or Treasurer, (neither are voting positions), may not possess sufficient skills to perform the duties – the same standard is not applied to elected Village Council positions that do have voting/decision making privileges.
- An appointed Clerk and Treasurer would serve at the pleasure of the Council, opening the appearance of political/personal favor or leaving the appointee open to political/personal interference.
- Yet to be resolved are multiple employment and human resources questions. Would they be employees or contractors?
- Will these be ‘at will’ positions? Meaning that they could be dismissed without cause.
- As the Ordinance states these will be two year appointed positions, a new person could be appointed every two years – invalidating the rationale of the desire for continuity.
- Will changing the position affect withholding and benefits.
- Before such a change is enacted, a comprehensive Job Description, hours of performance, manner of posting and interviewing candidates, insurance and Bonding costs should be presented.
What happens next
All signatures must be verified as qualified registered voters. The Petition must be accepted as meeting the 10% required threshold.
At that point a Special Election can be called but would be at the Village expense. The next scheduled Election Date is May 8, 2018
By 4:00 p.m., Feb. 13, 2018: Ballot wording of county and local proposals must be presented at the election certified to county and local clerks; local clerks receiving ballot wording forward to county clerk within two days. (168.646a)