Title
Resolution to Order Election, Approve Charter Amendment of the Ann Arbor City Charter Section for Filling Vacancies in Elective Offices And Determine The Ballot Language for This Amendment (7 Votes Required)
Memorandum
MCL 117.21 of the Home Rule City Act provides that amendment to an existing city charter may be proposed by the legislative body of a city on a 3/5 vote of the members-elect.
The proposed amendment still allows for a vacancy in an elective office to be filled by the City Council, however, if more than 50% of the unexpired term remains when the vacancy occurs, and enough time exists for candidates to file nomination petitions for the primary election, Council would appoint someone for the seat until the next regular City election. The unexpired term would be contested in that primary and regular City election. If the vacancy occurs less than 30 days from the filing deadline for the primary election, the unexpired term would not be contested in the election and Council's appointment would be effective for the entire balance of the unexpired term. In both cases, if the vacancy occurs within 40 days of a regular city election, the seat will not be filled until after the formation of the next Council.
Staff
Prepared by: Matthew Thomas, Associate City Attorney
Sponsor: Councilmember Eaton
Body
Whereas, Section 21(1) of the Home Rule City Act (HRCA), MCL 117.21(1), authorizes a city council to adopt a resolution proposing to amend the city charter by three-fifths vote of its members-elect and the resolution proposing to amend the city charter must set forth the exact wording of the proposed amendment to be submitted to the city voters for approval at a regular or special election:
Whereas, The resolution must set forth the ballot language for the proposed charter amendment with each proposal being limited to a single subject, and if the subject of a proposal includes more than one related proposition, each proposition shall be se...
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