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CHARTER COMMISSION10 North Main Street, 6th FloorMount Clemens, MI 48043Phone: 586-463-2674 Fax: 586-463-2603Website: www.macombcountymi.gov/clerksoffice/charterE-mail: charter@macombcountymi.govI, Carmella Sabaugh, Clerk of the Macomb County Charter Commission, do herebycertify that the following resolution was approved by the Macomb County CharterCommission at its Regular Meeting held on the 17th of June, 2009.RESOLVED, that the Macomb County Charter Commissionapproves the Home Rule Charter of Macomb County, Michigan, submittedto it by the Charter Commission’s Legal Team on June 17, 2009, includingthe amendments adopted at the regular meeting of the CharterCommission on June 17, 2009.BE IT FURTHER RESOLVED. That the approved Home RuleCharter be submitted to the Governor of the State of Michigan for approvalpursuant to statute.IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of theCourt at Mount Clemens, Michigan, this 6th day of October, 2010.Carmella Sabaugh, ClerkMACOMB COUNTY CHARTER COMMISSIONMatthew J. Wroblewski – District 1Louis J. Burdi, - District 4Robert W. Slavko – District 5John Olekszyk – District 6Elisabeth Sierawski – District 7Donna S. Cangemi – District 8Michael G. Gielniak – District 9Rick Flynn – District 10Dominic LaRosa – District 11Vince Viviano – District 12Gary S. Anthony – District 13James Haggerty – District 14Jacob Femminineo, Jr. Marilyn Lane James F. KellyDistrict 17District 20District 3ChairVice-ChairSecretaryHarry Awdey – District 15Tom Rombach – District 16Carrie Lynn Fuca – District 18Robert Smith, Jr. – District 19Nick Ciaramitaro – District 21David A. WillisDistrict 2TreasurerJudy Hartwell – District 22James Maceroni – District 23Cynthia Konal – District 24Charles Medley – District 25Monika Kreft Leasure – District 26
HOME RULE CHARTEROFMACOMB COUNTY, MICHIGANApproved by the Macomb County Charter CommissionJune 17, 2009Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.1
INDEX OF CHARTERPREAMBLEARTICLE IHOME RULE/GENERAL PROVISIONSSection 1.1Section 1.2Section 1.3Section 1.4Purpose of Charter .1Home Rule Powers .1Boundaries of County .1Definitions.1ARTICLE IIETHICSSection 2.1Section 2.2Section 2.3Section 2.4Section 2.5Section 2.6Section 2.7Section 2.8Section 2.9Section 2.10Standards .2Ethics Ordinance Mandated .2Ethics Ordinance Provisions .3Board of Ethics .3Powers and Duties of the Ethics Board.4Complaints and Sanctions .4Retaliation Prohibited .5Annual Report .5Exemption from Reorganization .5Funding .5ARTICLE IIIEXECUTIVESection 3.1Section 3.2Section 3.3Section 3.4Section 3.5Section 3.6Section 3.7Section 3.8Section 3.9Section 3.10Section 3.11Section 3.12Section 3.13Executive.5Election and Term .5Qualifications of the Executive.5Office at County Seat .6Authority, Duties, and Responsibilities .6Organization Plan.6Report of County Financial Condition.7Appointments .7Veto Authority .7Intergovernmental Relations .8Deputy County Executive .8Removal by Governor .8Removal for Incapacity .9iApproved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.2
Section 3.14 Vacancies .9Section 3.15 Filling a Vacancy .9Section 3.16 Transfers of Property and Records .9Section 3.17 Signature .9Section 3.18 Emergency Management .9ARTICLE IVLEGISLATIVESection 4.1Section 4.2Section 4.3Section 4.4Section 4.5Section 4.6Section 4.7Section 4.8Section 4.9Section 4.10Commission .10Qualifications of a Commissioner .10Meetings, Rules, and Procedures .10Powers and Duties.10Enumerated Powers Not Exclusive.11Ordinances and Resolutions .11Ordination, Adoption, and Publication .11Vacancies .11Removal for Incapacity .11Independent Counsel .11ARTICLE VAPPORTIONMENT AND ELECTIONSSection 5.1Section 5.2Section 5.3Section 5.4Section 5.5Section 5.6Apportionment of County Commission Districts .12County Apportionment Commission .12Apportionment Procedure .12Appeal of an Apportionment Plan .13Final Apportionment Plan .13Elections.13ARTICLE VIDEPARTMENTS HEADED BY COUNTYWIDE ELECTED OFFICIALSSection 6.1Section 6.2Section 6.3Section 6.4Section 6.5Section 6.6Sheriff .13Prosecuting Attorney .13County Clerk and Register of Deeds .13County Treasurer .14Public Works.14General Provisions .14iiApproved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.3
ARTICLE VIIADDITIONAL DEPARTMENTS AND OFFICESSection 7.1Section 7.2Section 7.3Section 7.4Section 7.5Section 7.6Section 7.7Planning and Economic Development .15Health and Community Services .16Human Resources and Labor Relations .16Finance .16Corporation Counsel .16General Provisions Governing Departments and Agencies .17Directors .17ARTICLE VIIIFINANCESection 8.1 Financial Management Principles .17Section 8.2Fiscal Year .17Section 8.3Independent Audit .18Section 8.4Debt Limit and Borrowing Authority .18Section 8.5Taxing Authority.18Section 8.6Budget Preparation and Transmittal .18Section 8.7Adoption of Line Item Operating Budget .19Section 8.8Budget Deficits .19Section 8.9Transfers and Impoundments .19Section 8.10 Purchasing .19Section 8.11 Budget Reductions .19ARTICLE IXRETIREMENT SYSTEMSection 9.1Section 9.2Retirement System .20Retirement Commission.20ARTICLE XSPECIFIC POWERS AND PROVISIONSSection 10.1Section 10.2Section 10.3Section 10.4Section 10.5Section 10.6Section 10.7Section 10.8Civil Service.20Initiative, Referendum, and Recall .21Insurance and Bonding .21Public Utilities .21Charter Amendment .21Effect of Removal, Resignation, or Retirement .22Public Defender .22Additional Functions or Services .22iiiApproved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.4
Section 10.9Section 10.10Section 10.11Section 10.12Section 10.13Section 10.14Economic Development .22Oath of Office .22Compensation .23Removal from Office .23Veterans’ Affairs .23Community Mental Health .24ARTICLE XITRANSITIONAL PROVISIONSSection 11.1Section 11.2Section 11.3Section 11.4Section 11.5Section 11.6Section 11.7Section 11.8Section 11.9Section 11.10Ordinances Continued .24Laws Continued .24Succession of County Rights .24Continuity of Government .24Road Commission of Macomb County.25Continuation of Previously Approved Tax Authorizations .25Salaries and Benefits on Effective Date of Charter .25Initial Organization .26Transitional Apportionment .26Effective Date .26ARTICLE XIIMISCELLANEOUS PROVISIONSSection 12.1 Public Meetings .26Section 12.2 Freedom of Information .26Section 12.3 Severability .26ivApproved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.5
PREAMBLEWe, the people of Macomb County, to provide a local governmentwhich is efficient, economical, and ethical, exercise ourconstitutional rights and adopt this Home Rule Charter.ARTICLE IHOME RULE/GENERAL PROVISIONSSection 1.1Purpose of CharterThe purpose of this Charter is to convert the County of Macomb from a general lawcounty to a home rule county under a locally adopted charter led by home rule county officers.This Charter shall be liberally construed in favor of the County as required by Article VII,Section 34 of the Constitution.Section 1.2Home Rule PowersThe home rule County of Macomb possesses home rule power as granted by Article VII,Section 2 of the Constitution to provide for any matter of County concern together with all otherpowers which a county may possess under the Constitution and laws of this state. Theenumeration of powers in this Charter shall not be construed to exclude or limit other powerspossessed by the County by implication or operation of law.Section 1.3Boundaries of CountyThe boundaries of the County existing when this Charter takes effect shall continue untilchanged in accordance with law.Section 1.4DefinitionsAs used in this Charter:(a)(b)(c)Adopted, approval, approved, and confirmed mean actions of the Commissionrequiring the affirmative vote of a Majority of Commissioners.Agency means a department, office, board, commission, or other administrativeunit of County government, whether created by Charter, ordinance, or law.Appointee means a person appointed to a compensated or uncompensated positionin County government that is not subject to a collective bargaining agreement,who is not elected to or holding an office that is subject to an election, and whoseappointment is subject to the approval of the Commission or who is exempt fromsuch approval under Article III of this Charter.1Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.6
(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)(n)(o)(p)Commission means the County Board of Commissioners created by this Charter.Commissioner means a member of the Commission. Commissioners are homerule county officers under this Charter.Constitution means the Constitution of the State of Michigan, as amended.County means Macomb County, Michigan.Countywide Elected Official means the holder of an office in County governmentwhich is elected on a countywide basis. Countywide Elected Officials are homerule county officers under this Charter.Employee means a person hired and employed in a position in Countygovernment.Ethics Board means the Board of Ethics as created in this Charter.Ethics Board Member means a member of the Board of Ethics.Executive means the person holding the office of County Executive created bythis Charter.Including and included mean including, or included, without limitation.Majority of the Commission or other multi-member body means a majority of thenon-vacant positions.Organization Plan means a plan of organization or reorganization proposed andapproved as provided in this Charter.Public Servant means a Countywide Elected Official, Commissioner, Appointee,or Employee.ARTICLE IIETHICSSection 2.1StandardsPublic Servants of the County shall observe the highest standards of ethical conduct andare obligated to:(a)(b)(c)(d)(e)Section 2.2Comply with all laws and policies of County government;Be independent, impartial, and fair in their judgment and actions;Use their public office for the public good, not for personal gain;Conduct public business openly, as provided by law, in an atmosphere of respectand civility; andCooperate fully with any request of the Ethics Board for information orassistance, subject to law.Ethics Ordinance MandatedWithin 1 year after the effective date of this Charter, the Commission shall adopt anethics ordinance governing all Public Servants.2Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.7
Section 2.3Ethics Ordinance ProvisionsAt a minimum, the ethics ordinance shall:(a)(b)(c)(d)(e)(f)(g)(h)(i)Section 2.42.4.1Define “conflict of interest” and prohibit a Public Servant from acting on adecision or transaction where an interest of the Public Servant, including apartisan political interest, is in actual or apparent conflict with an actual orapparent interest of the County.Require a Public Servant to disclose personal interests in all contracts involvingthe County; the receipt of all gifts from persons doing, or seeking, or who mayreasonably be expected to seek, County business; as well as other relationshipswhich are, or may appear to be, a conflict of interest.Define the circumstances in which acceptance of employment by a present or pastPublic Servant with another public or private entity is incompatible with theethical duties of the Public Servant, and the extent to which such employment isprohibited.Address the extent to which nepotism shall be prohibited in County hiring,appointments, and promotional decisions.Define and prohibit all inappropriate political activity by Public Servants,including improper use of County time and property.Define “confidential information of the County” and prohibit its disclosure by aPublic Servant to a third party.Define and prohibit the use of County resources and assets by a Public Servant forprivate purposes or commercial gain.Define the disclosure requirements for potential and existing County vendors.Provide sanctions for violations of the ethics ordinance.Board of EthicsThe Board of Ethics is created.2.4.2 The Ethics Board consists of 5 members, nominated by the Executive and subjectto approval by the Commission. The Commission shall vote on approval within 60 days ofreceipt of a nomination from the Executive. If the Commission fails to act upon a nominationwithin that time, the Executive’s nomination becomes effective.2.4.3Ethics Board Members serve without compensation.2.4.4 Ethics Board Members are appointed for 5-year terms, with the terms of not morethan 2 Ethics Board Members expiring in any 1 year. Of the initial appointments, 2 shall expireFebruary 1, 2013, 2 shall expire February 1, 2014, and 1 shall expire February 1, 2015.2.4.5Ethics Board Members must be qualified electors in the County.3Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.8
2.4.6 Persons who have been Public Servants, other than unpaid Appointees, at anytime in the preceding 2 years, their immediate family members, and other individuals as providedby ordinance, are ineligible to serve on the Ethics Board.2.4.7An Ethics Board Member may not be an officer of a political party.2.4.8 An Ethics Board Member may be removed by the Executive for cause with theapproval of the Commission.Section 2.5Powers and Duties of the Ethics Board2.5.1 Within 180 days after approval of the 5 initial Ethics Board Members, the EthicsBoard shall propose rules of procedure for the enforcement of the ethics provisions of thisCharter, ordinance, and law, and submit them to the Commission for approval by resolution.The approved rules shall be filed with the County Clerk. If the Commission fails to approve orreject the proposed rules within 60 days after submission, the rules become effective.2.5.2 The Ethics Board may prepare educational materials regarding applicable ethicsstandards after consultation with the affected Agencies and conduct training programs for PublicServants.2.5.3 The Ethics Board shall provide a procedure whereby a Public Servant may obtaininformal guidance for understanding and complying with applicable ethics standards.2.5.4 On the request of a Public Servant, or the supervisor of an Employee, concerningaction by the Public Servant, the Ethics Board may render an advisory opinion.Section 2.6Complaints and Sanctions2.6.1 A complaint alleging violation of an applicable ethics provision may be filed withthe Ethics Board. The complaint must be signed by the complainant whose identity, as well asall information relating to the complaint, shall be kept confidential except as required by law orordinance. Whenever an Agency receives a complaint alleging an ethics violation or determinesthat an ethics violation may have occurred, it shall refer the matter to the Ethics Board.2.6.2 If the Ethics Board determines that a complaint is supported by probable cause, itshall proceed to resolve the complaint in accordance with its rules of procedure, which shallinclude notice and an opportunity to be heard. The Ethics Board may subpoena witnesses,compel the production of evidence, and administer oaths.2.6.3The Ethics Board may investigate any matter related to its responsibilities.2.6.4 The Ethics Board may seek the assistance of Corporation Counsel or, with theapproval of the Commission, may retain outside counsel.4Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.9
2.6.5Ethics Board determinations are final, reviewable only by a court as provided bylaw.Section 2.7Retaliation ProhibitedA Public Servant shall not take retaliatory action of any type against the complainant or awitness, and any such retaliatory action is itself a violation of the ethics provisions of the County.Section 2.8Annual ReportThe Ethics Board shall submit an annual report to the Commission as required byordinance.Section 2.9Exemption from ReorganizationThe Ethics Board is exempt from reorganization under an Organization Plan.Section 2.10 FundingThe County shall provide an annual appropriation and resources sufficient to enable theEthics Board to perform its duties.ARTICLE IIIEXECUTIVESection 3.1ExecutiveThe office of County Executive is created and the executive power of the County isvested in the Executive, who is the head of the executive branch of County government.Section 3.2Election and TermThe Executive shall be elected at large on a partisan basis for a 4-year term. State lawprocedures and deadlines applicable to filing for office by candidates for Countywide ElectedOfficials elected under Article VI, and the conduct and canvass of such county elections, shall alsoapply to the office of Executive, except the Executive shall be elected for a term concurrent withthe term of the governor.Section 3.3Qualifications of the ExecutiveA person who is a registered and qualified elector in the County as of the filing deadlinefor the office of Executive is qualified to serve as the Executive.5Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.10
Section 3.4Office at County SeatThe principal office of the Executive shall be at the County seat.Section 3.5Authority, Duties, and ResponsibilitiesThe Executive has the authority, duty, and responsibility to:(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)Section 3.6Supervise, coordinate, direct, and control all County departments except fordepartments headed by Countywide Elected Officials other than the Executive,facilities, operations, and services except as otherwise provided by this Charteror law;Enforce all laws in the County except as provided for by this Charter or law;Discharge the duties granted the Executive by this Charter, law, or ordinance,and exercise all incidental powers necessary or convenient for the discharge ofthe duties and functions specified in this Charter or lawfully delegated to theExecutive;Submit reports and recommendations to the Commission on matters affectingthe County;Exercise powers and duties required for emergency preparedness;Receive community information concerning County services;Maintain intergovernmental relations and advocate or develop proposedlegislation beneficial to County interests;Coordinate economic development programs, countywide planning, andmarketing of the County;Promote the preservation of the natural resources of the County;Submit to the Commission a proposed annual budget; andMaintain no other full-time employment.Organization Plan3.6.1 Except as provided in Article XI, within 90 days after the start of a new term ofoffice the Executive shall submit a proposed Organization Plan to the Commission whichincludes an explanation of the reasons for the plan and an evaluation of its financial impact.3.6.2 The Organization Plan may provide for the creation or abolition of any Agencyexcept for the departments and offices created by Article VII of this Charter and any othersexpressly exempted by this Charter or prohibited from being created or abolished by law. TheOrganization Plan may also transfer powers, duties, and functions of the County among theAgencies, including those created by Article VII of this Charter, if not prohibited by this Charteror law. The Executive may submit proposed amendments to the Organization Plan to theCommission at any time.3.6.3 The Organization Plan shall provide for public access to the expenditure recordsof the County in a feasible, accessible, and economical manner.6Approved by the Macomb County Charter Commission on June 17, 2009.Approved by Michigan Governor Jennifer M. Granholm on July 21, 2009.11
3.6.4 The Commission shall hold a public hearing on the proposed Organization Plan orany proposed amendment within 50 days after its submission and must either approve, with orwithout amendment, or reject the proposed Organization Plan or any proposed amendmentwithin 75 days after its submission.Section 3.7Report of County Financial ConditionThe Executive shall file a report with the Commission on the financial condition of theCounty at least quarterly. The report shall include:(a)(b)(c)(d)Section 3.8A comparison of actual revenues to budgeted revenues for the current fiscal year;A comparison of actual expenditures to budgeted expenditures for the currentfiscal year;Any revisions to the original revenue estimates and/or expenditure estimates; andAdditional information required by ordinance or law.AppointmentsUnless otherwise provided by this Charter or law:(a)(b)(c)(d)(e)(f)Section 3.9The Executive shall appoint the Deputy County Executive, executive staff,department directors, members of boards and commissions, Countyrepresentatives on intergovernmental bodies, and all other appointed officials orrepresentatives;With the exception of the Deputy County Executive, appointments by theExecutive require approval by the Commission unless such appointments areexempted from approval by this Charter or law. If the Commission fails toapprove or reject a proposed appointment within 75 days after its submission, theappointment becomes effective;Countywide Elected Officials provided for in Article VI of this Charter areexempt from this section;The Executive may appoint a confidential secretary, up to 3 administrativeassistants, and unpaid advisory boards and commissions, all of whom are exemptfrom approval by the Commission;Appointees of the Executive shall serve at will, at the pleasure of the Executiveunless otherwise provided by law or contract; andThe department of Human Resources and Labor Relations shall establish andadopt qualifications and criteria for the appointment of department directors andother Appointees.Veto AuthorityUnless prohibited by law, the Executive may veto an ordinance, a line item of anordinance appropriating money, or a resolution having the effect of law or approving
certify that the following resolution was approved by the Macomb County Charter Commission at its Regular Meeting held on the 17th of June, 2009. RESOLVED, that the Macomb County Charter Commission approves the Home Rule Charter of Macomb County, Michigan, submitted to it by the Charter Commission's Legal Team on June 17, 2009, including
