Item Coversheet

Resolution

NO. 58

A Resolution creating a  Blue Ribbon Advisory Committee to consider potential charter amendments and make recommendations.

BATTLE CREEK, MICHIGAN - 1/2/2018

Resolved by the Commission of the City of Battle Creek:

 

That citizens and commissioners, past and present, have expressed an interest in considering whether the City Charter should be amended with regard to several specific areas.

 

City Charter Section 12.15 permits the Commission to appoint committees as are deemed appropriate to advise and consult them regarding any municipal activity. Such committees serve temporarily and without compensation unless otherwise provided.

 

Commissioners consider citizen involvement to examine, discuss and make recommendations on Charter amendment issues to be of great assistance to the City Commission.

 

THEREFORE, the City Commission creates a Blue Ribbon Advisory Committee which shall consist of 18 members: two members, selected by each of the nine City Commissioners; however, no commissioner may select him or herself nor any other current member of the Battle Creek City Commission. 

 

Each City Commissioner shall inform the City Attorney and/or the City Manager of his or her two nominees to the Blue Ribbon Advisory Committee no later than January 10, 2018, so that the appointment of the members to the Committee may be placed on the City Commission's Meeting Agenda of January 16, 2018.

 

The City Manager's office shall select a date for the Organizational Meeting of the Committee to meet the first full week of February, 2018, but not later than February 16, 2018, based upon input from its members after their appointment. At the Organizational Meeting, the members shall elect a Chairperson and set the meeting schedule.

 

The terms of all appointees shall expire January 16, 2019.

 

The City Attorney or designee shall attend meetings of the Committee and advise the Committee as necessary.

 

The City Clerk or designee shall attend meetings of the Committee and provide clerical support to the Committee as necessary.

 

In the event a vacancy occurs on the Committee, a replacement shall be made in the same manner as the original or preceding appointment.

 

IT IS FURTHER RESOLVED that the scope of the inquiry to be undertaken by the Blue Ribbon Advisory Committee shall be focused on the examination, discussion and recommendations which have been determined by City Administration prompted by prior workshop discussions, which are as follows:

 

1) Selection of Mayor and Vice Mayor;

 

2) Changing the size of the commission;

 

3) Staggering terms;

 

4) Length of terms; 

 

5) Gendered charter language; and

 

6) Such other issues that the Committee deems appropriate and relevant to the issues assigned by the City Commission.

 

IT IS FURTHER RESOLVED that the Blue Ribbon Advisory Committee shall be subject to the following parameters:

 

A)  The current form of City government, City Manager/City Commission, is to be retained;

 

B)  Any recommendations must be consistent with applicable law including the Michigan Home Rule City Act and Michigan election laws;

 

C)  The Committee shall be subject to the Open Meetings Act;

 

D)  The Committee shall hold its organizational meeting no later than February 16, 2018 and shall meet as needed and shall be permitted, if it deems it expedient to do so, to meet as subcommittees;

 

E)  The Committee shall provide the Commission periodic updates on its work and progress, with the first one due no later than May 31, 2018 and with a Final Report to the Commission no later than December 31, 2018; and

 

F)  If the Committee recommends a charter amendment, then it shall also specify the manner in which it recommends the amendment to be made.

 

 









I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on January 2, 2018.


Victoria Houser


Battle Creek City Commission
1/2/2018
Action Summary

Staff Member: Jill Humphreys Steele, City Attorney 
Department:City Attorney 
SUMMARY 
A Resolution creating a  Blue Ribbon Advisory Committee to consider potential charter amendments and make recommendations.
BUDGETARY CONSIDERATIONS
There are none.

HISTORY, BACKGROUND and  DISCUSSION

Some commissioners and citizens have asked that some charter provisions be studied to determine whether any amendments should be considered. At several workshops taking place in the last few years, this issue and several others relevant to the charter were discussed.  A charter amendment can be proposed as a citizen initiative or by a Legislative Resolution which would require approval of 3/5 of the City Commission.

 

Whether by a citizen initiative or a 3/5 vote of the City Commission, amendment language must then be submitted to the Governor's office for review and it must ultimately be put to a vote of the electorate. Amendments must be limited to a single subject for each ballot proposal. More than one ballot proposal may be submitted for a vote at the same time. The Charter can be amended to make changes to details such as (this is not an exhaustive list):

 

      • Increasing or decreasing the number of commissioners;
      • Changing the clerk or treasurer position from elected to appointed;
      • Setting the purchasing limit that can be spent before the municipality is required to establish a bid process, and establishing pension plans.
      • Staggering terms (Terms may not exceed 4 years);
      • Changing from ward to at-large representation.

 

Several charter subjects have been raised for consideration of amendments, which have been specified in the resolution based upon commissioner request and as assembled by the City Administration based upon input.

 

The resolution also prohibits a commissioner from nominating him or herself, following that same limitation placed on the Blue Ribbon Advisory Committee appointed in 2004. In order to carry out that intent, the limitation is extended to any currently serving Battle Creek City Commissioner.

 


DISCUSSION OF THE ISSUE

POSITIONS
The City Manager's Office supports this resolution.

ATTACHMENTS:
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