HOUSE BILL NO. 6375

November 12, 2020, Introduced by Reps. Coleman, Meerman and Steven Johnson and referred to the Committee on Government Operations.

"The home rule city act,"

by amending sections 3, 4g, 5, 5e, 10, and 15 (MCL 117.3, 117.4g, 117.5, 117.5e, 117.10, and 117.15), section 3 as amended by 2012 PA 7 and section 5 as amended by 2011 PA 133.

the people of the state of michigan enact:

Sec. 3. Each city charter shall must provide for all of the following:

(a) The election of a mayor, who shall be is the chief executive officer of the city, and of a body vested with legislative power, and for the election or appointment of a clerk, a treasurer, an assessor or board of assessors, a board of review, and other officers considered necessary. The city charter may provide for the selection of the mayor by the legislative body. Elections may be by a partisan, nonpartisan, or preferential ballot, or by any other legal method of voting. Notwithstanding another law or charter provision to the contrary, a city having a 1970 official population of more than 150,000, whose charter provides for terms of office of less than 4 years, and in which the term of office for the mayor and the governing body are of the same length, may provide by ordinance for a term of office of up to 4 years for mayor and other elected city officials. The ordinance shall must provide that the ordinance shall take takes effect 60 days after it is enacted unless within the 60 days a petition is submitted to the city clerk signed by not less than 10% of the registered electors of the city requesting that the question of approval of the ordinance be submitted to the electors at the next regular election or a special election called for the purpose of approving or disapproving the ordinance.

(b) The nomination of elective officers by partisan or nonpartisan primary, by petition, or by convention.

(c) The time, manner, and means of holding elections and the registration of electors, subject to section 26 and other applicable requirements of law.

(d) The qualifications, duties, and compensation of the city's officers. If the city has an appointed chief administrative officer, the legislative body of the city may enter into an employment contract with the chief administrative officer extending beyond the terms of the members of the legislative body unless the employment contract is prohibited by the city charter. An employment contract with a chief administrative officer shall must be in writing and shall must specify the compensation to be paid to the chief administrative officer, any procedure for changing the compensation, any fringe benefits, and other conditions of employment. The contract shall must state if the chief administrative officer serves at the pleasure of the legislative body, and the contract may provide for severance pay or other benefits in the event the chief administrative officer's employment is terminated at the pleasure of the legislative body.

(e) The establishment of 1 or more wards, and if the members of the city's legislative body are chosen by wards, for equal representation for each ward in the legislative body.

(f) That the subjects of taxation for municipal purposes are the same as for state, county, and school purposes under the general law.

(g) The annual laying levying and collecting taxes in a sum, except as otherwise provided by law, not to exceed 2% of the taxable value of the real and personal property in the city. Unless the charter provides for a different tax rate limitation, the governing body of a city may levy and collect taxes for municipal purposes in a sum not to exceed 1% of the taxable value of the real and personal property in the city. As used in this subdivision, "taxable value" is that value determined under section 27a of the general property tax act, 1893 PA 206, MCL 211.27a.

(h) An annual appropriation of money for municipal purposes.

(i) The levy, collection, and return of state, county, and school taxes in conformance with the general laws of this state, except that the preparation of the assessment roll, the meeting of the board of review, and the confirmation of the assessment roll may be at the times provided in the city charter.

(j) The public peace and health and for the safety of persons and property. In providing for the public peace, health, and safety, a city may expend funds or enter into contracts with a private organization, the federal or state government, a county, village, or township, or another city for services considered necessary by the legislative body. Public peace, health, and safety services may include the operation of child guidance and community mental health clinics, the prevention, counseling, and treatment of developmental disabilities, the prevention of drug abuse, and the counseling and treatment of drug abusers.

(k) Adopting, Before January 1, 2022, adopting, continuing, amending, and repealing the city ordinances and for the publication of each ordinance before it becomes operative. Whether Before January 1, 2022, whether or not provided in its charter, instead of publishing a true copy of an ordinance before it becomes operative, the city may publish a summary of the ordinance. If Before January 1, 2022, if the city publishes a summary of the ordinance, the city shall must include in the publication the designation of a location in the city where a true copy of the ordinance can be inspected or obtained. Beginning January 1, 2022, each city charter must provide for adopting, continuing, amending, and repealing the city ordinances and for posting public notice of each ordinance before it becomes operative as set forth in the local government public notice act. A charter provision to the contrary notwithstanding, a city may adopt an ordinance punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both, if the violation substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days. Whether or not provided in its charter, a city may adopt a provision of a state statute for which the maximum period of imprisonment is 93 days or the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. Except as otherwise provided under the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531, a city may adopt a law, code, or rule that has been promulgated and adopted by an authorized agency of this state pertaining to fire, fire hazards, fire prevention, or fire waste, and a fire prevention code, plumbing code, heating code, electrical code, building code, refrigeration machinery code, piping code, boiler code, boiler operation code, elevator machinery code, an international property maintenance code, or a code pertaining to flammable liquids and gases or hazardous chemicals, that has been promulgated or adopted by this state, by a department, board, or other agency of this state, or by an organization or association that is organized and conducted for the purpose of developing the code, by reference to the law, code, or rule in an adopting ordinance and without publishing or posting the law, code, or rule in full. The law, code, or rule shall must be clearly identified in the ordinance and its purpose shall must be published or posted with the adopting ordinance. Printed copies of the law, code, or rule shall must be kept in the office of the city clerk, available for inspection by, and distribution to, the public at all times. The publication shall or posting must contain a notice stating that a complete copy of the law, code, or rule is made available to the public at the office of the city clerk in compliance with state law requiring that records of public bodies be made available to the general public. Except as otherwise provided in this subdivision, a city shall not enforce a provision adopted by reference for which the maximum period of imprisonment is greater than 93 days. A city may adopt section 625(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, by reference in an adopting ordinance and shall provide that a violation of that ordinance is punishable by 1 or more of the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 180 days.

(iii) A fine of not less than $200.00 or more than $700.00.

(l) That the business of the legislative body shall must be conducted at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. All records of the municipality shall must be made available to the general public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(m) Keeping in the English language a written or printed journal of each session of the legislative body.

(n) A system of accounts that conforms to a uniform system of accounts as required by law.

Sec. 4g. Each city may in its charter provide:

(1) For the acquisition by construction, condemnation, or purchase and for the ownership, equipment, possession, leasing, operation, and maintenance of a rapid transit system consisting of a tunnel, subway, surface, or elevated system, or any combination and qualification of these, in and through said the city, and for a distance of not more than 10 miles beyond its limits, for the purpose of furnishing transportation facilities to the municipality and to the people thereof; of the municipality; for the preparation and publication of plans for such the construction, equipment, and maintenance in accordance with charter provisions adopted hereunder; under this section; for the operation of such the facilities independently or in connection with other transportation facilities, or a transportation system, owned, operated, or controlled by such the city or existing therein, in the city, or in the territory in which any such the rapid transit system is established; for the appropriate designation of such the facilities; for the taking of the fee of or easement or right of way on, under, above, and through any property for the purposes thereof, by gift, grant, and purchase, and by condemnation proceedings in accordance with any law of the this state of Michigan providing therefor; and for the management of such the facilities , for the purposes for which the same are or may be acquired or constructed. Provision may also be made for the execution of contracts incidental to the carrying out of the purposes hereby contemplated. In the event that If property is taken by condemnation under any statute, pertaining thereto, the actual benefits accruing to or received by a remainder of any such that parcel on account of the construction of the improvement shall must be taken into account in determining the damages to be awarded by way of compensation to the owner or owners of such the property. The charter shall must also provide for the proper financing of the acquisition and construction of any such rapid transit system and facilities by direct taxation, special assessments on the basis of benefits actually and exclusively received by property affected by any such improvement, or by borrowing money and issuing bonds or other evidence of indebtedness therefor, or by a combination of such these methods; and for the defraying of the cost of maintenance, operation, and management of such these facilities and for payment of interest on and a sinking fund to retire any bonds issued under this subsection, from the revenues received as a result of the operation thereof of the rapid transit system by the city. Bonds executed and sold for the purpose of raising money to cover the cost of such the acquisition and construction may be issued on the faith and credit of the city or same may be secured by mortgage on the property and revenues of the utility established pursuant hereto. under this section. The aggregate amount of bonds issued on the faith and credit of the city under this subsection shall must not exceed 2 per cent 2% of the assessed valuation of the taxable property within said the city for the preceding fiscal year; and in computing the total indebtedness of the city for the purpose of determining whether any other limitation prescribed by law has been exceeded, such the bonds shall must not be included. Except as is in this subsection otherwise specifically provided in this subsection, all bonds issued by a city for the purposes hereby contemplated shall be are subject to the restrictions and conditions prescribed in section 4-a of this act. In case 4a. If a provision is made in the charter for raising money by direct taxation for the purposes hereof, of this section, the amount of such the tax levied and assessed in any year shall must not exceed 1/6 of 1 per cent 1% of the assessed valuation of the city for such that year; and the amount of any such tax shall must not be subject to any other limitations prescribed by law , or considered in determining whether any such limitation has been exceeded. In no case shall Not more than 60 per cent 60% of the total estimated cost of acquiring or constructing any such rapid transit system or portion of extension thereof, of any rapid transit system must be raised by direct taxation, and by the issuance of issuing bonds on the faith and credit of the city. As incidental to the authority hereby granted, provision may be made in any city charter for the exercise of powers incidental to the accomplishment of the purposes hereof, of this section, and reasonably calculated and designed to facilitate the furnishing of adequate transportation facilities by the means aforesaid provided in this section to the municipality and the people thereof. No of the municipality. Before January 1, 2022, a charter amendment or amendments, contemplating and providing for the exercise of the powers referred to in this subsection, shall must not be submitted to a vote of the electors unless and until the same shall charter amendment or amendments have been published pursuant to the direction of the legislative body of the city , in at least 1 newspaper having a general circulation in such the city at least once each week for 3 weeks in succession during the 30-day period immediately preceding before the date of the election. ; and no Beginning January 1, 2022, a charter amendment or amendments, contemplating and providing for the exercise of the powers referred to in this subsection, must not be submitted to a vote of the electors unless and until public notice of the charter amendment or amendments is posted as set forth in the local government public notice act during the 30-day period immediately before the date of the election. A plan for construction and operation of any rapid transit system shall must not be put into effect unless the same shall plan has first have been submitted to the qualified electors of the city and approved thereby. Such by the electors of the city. The submission of the plan shall must be made subsequent to after the enactment of said the charter amendments either at a general election or a special election called for that purpose by the legislative body of the city. Such Before January 1, 2022, the contemplated plan shall, must, before its submission, and as a condition prerequisite thereto, to its submission, be published once each week for 6 weeks in succession in some daily newspaper having a general circulation within the city, during the 60-day period immediately preceding before the date of submission to the electors. ; and the Beginning January 1, 2022, during the 60-day period immediately before the date of submission to the electors, public notice of the contemplated plan must, before its submission, and as a condition prerequisite to its submission, be posted as set forth in the local government public notice act. The contemplated plan as so published shall or posted must specify the route or routes of the proposed rapid transit system, the type of construction proposed for the various sections or parts thereof, of the proposed rapid transit system, the method or methods for financing the improvement, the order in which the various sections or parts are to be constructed or acquired, the system of management to be adopted, the estimated cost of the various sections or parts of the system, and such any other matters as the legislative body of the city shall require: Provided, however, That requires. However, the financial plan so submitted shall must not permit special assessments against any property in excess of actual benefits, meaning increased value, accruing exclusively as a result of said the improvement; and the payment of such special assessments made under this subsection , shall must be prorated over a period of not less than 10 years.

(2) For negotiating, executing, and performing contracts with any other municipality or municipalities, duly authorized and empowered to that end, with reference to the construction, equipment, operation, maintenance, and management of a rapid transit system and facilities, and for the financing of any obligations, assumed under or imposed by any such contract. The grants, limitations, and restrictions set forth in the preceding subsection of this section shall be deemed subsection (1) are considered applicable to , and shall must be observed in the adoption of, adopting charter provisions and amendments hereunder under this section and in the exercise of exercising the authority hereby granted.

Sec. 5. (1) A city does not have power to do any of the following:

(a) To increase the rate of taxation now fixed by law, unless the authority to do so is given by a majority of the electors of the city voting at the election at which the proposition is submitted, but the increase in any case shall must not be in an amount as to cause the rate to exceed 2%, except as provided by law, of the assessed value of the real and personal property in the city.

(b) To submit to the electors a charter more often than once in every 2 years, nor unless the charter is filed with the city clerk 60 days before the election, but this provision shall does not apply to the submission and resubmission of charters of cities that may be incorporated under this act until they shall must have first adopted a charter. Where If a city submits to the electors a charter and the charter is adopted by the electors, and the city has operated under the charter, which charter has not, at the time it is adopted, been on file with the city clerk 60 days, then the legislative body of the city, upon its giving the notice of election as provided in the charter, may resubmit to the electors, at a special or general election, the charter, which, if adopted by the electors, shall be is considered operative and effective as of the date of the first submission and adoption. The charter shall must not be resubmitted unless 60 days have elapsed between the date of the filing of the charter and the date of the election at which the charter is resubmitted.

(c) To call more than 2 special elections within 1 year. This prohibition does not apply to elections that may be held in the submission and resubmission of charters of cities that may be incorporated under this act until they have first adopted a charter, and does not apply to elections that may be held in the resubmission of a charter once adopted as provided in subdivision (b).

(d) To decrease the salary of a municipal judge after his or her election or appointment, or during the judge's term of office, notwithstanding any charter provision to the contrary. The term of a public official shall must not be shortened or extended beyond the period for which the official is elected or appointed, unless he or she resigns or is removed for cause, if the office is held for a fixed term.

(e) To adopt a charter or an amendment to the charter unless approved by a majority of the electors voting on the question; to sell a park, cemetery, or any part of a park or cemetery, except where the park is not required under an official master plan of the city; to engage in a business enterprise requiring an investment of money in excess of 10 cents per capita; or to authorize an issue of bonds except bonds issued in anticipation of the collection of taxes actually levied and uncollected or for which an appropriation has been made; bonds that the city is authorized by its charter to issue as part of its budget system, to an amount that in any year, together with the taxes levied for the same year, will not exceed the limit of taxation authorized by law; special assessment bonds; bonds for the city's portion of local improvements; refunding bonds; emergency bonds; as defined by this act; and bonds that the legislative body is authorized by specific statute to issue without vote of the electors, unless approved by a majority of the electors voting on the question at a general or special election. In addition, a city that now has, or may subsequently have, a population of 750,000 persons or more may issue bonds, upon resolution of its governing body, without prior approval of the electors, which the city is authorized by its charter to issue as part of its budget system, to an amount that in any year, together with the ad valorem taxes levied for the same year, exclusive of debt service taxes or taxes levied pursuant to other laws, will not exceed 2-1/2% of the assessed value of the real and personal property in the city, this limitation to supersede and take the place of any contrary language in any existing city charter. For the purposes of this subdivision only, the assessed value of real and personal property in any city shall include includes the assessed value equivalent of money received during the city's fiscal year under the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. The assessed value equivalent shall must be calculated by dividing the money received by the city's millage rate for the fiscal year. Notwithstanding the former provisions of this subdivision requiring approval by 3/5 of the electors voting on the question as a prerequisite to the exercise of certain powers, these powers may be exercised if approved by a majority of the electors voting on the question at a general or special election held on or after April 1, 1966.

(f) To make a contract with, or give an official position to, one who is in default to the city.

(g) To issue bonds without providing a sinking fund to pay them at maturity, except as provided in section 4g(1), but sinking funds shall are not be required in the case of serial bonds that fall due annually. Bonds, Before January 1, 2022, bonds, whether authorized under this act or any other act, except refunding bonds, revenue bonds, motor vehicle highway fund bonds, rehabilitation bonds, judgment bonds, bonds or other obligations issued to fund an operating deficit of a city, bonds or other obligations to pay premiums or to establish funds to self-insure for losses as authorized by the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, bonds the issuance of which has been approved by the voters, and bonds issued to comply with an order of a court of competent jurisdiction shall must not be issued by a city unless notice of the issuance of issuing the bonds is published once in a newspaper of general circulation in the city at least 45 days before the issuance of issuing the bonds, within which period a petition may be filed with the legislative body signed by not less than 10% or 15,000 of the registered electors in the city, whichever is less, in which event the legislative body shall submit the question of the issuance of issuing the bonds to the electors of the city , at a regular or special election in the city. Beginning January 1, 2022, bonds, whether authorized under this act or any other act, except refunding bonds, revenue bonds, motor vehicle highway fund bonds, rehabilitation bonds, judgment bonds, bonds or other obligations issued to fund an operating deficit of a city, bonds or other obligations to pay premiums or to establish funds to self-insure for losses as authorized by the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, bonds the issuance of which has been approved by the voters, and bonds issued to comply with an order of a court of competent jurisdiction must not be issued by a city unless public notice of issuing the bonds is posted as set forth in the local government public notice act at least 45 days before issuing the bonds, within which period a petition may be filed with the legislative body signed by not less than 10% or 15,000 of the registered electors in the city, whichever is less, in which event the legislative body shall submit the question of issuing the bonds to the electors of the city at a regular or special election in the city. The bonds shall must not be issued unless a majority vote of the electors voting on the issuance vote in favor of issuing the bonds. The notice of intent to issue bonds shall must state the maximum amount of the bond issue, the purpose of the bond issuance, source of payment, right of referendum on the issuance of the bonds, and other information as the legislative body determines to be necessary to adequately inform the electors and all other interested persons of the nature of the issue and of their rights with respect to the issue.

(h) To repudiate a debt by a change in its charter or by consolidation with any other municipality.

(i) To submit a franchise to the electors at a special election, unless the expense of holding the election, as determined by the legislative body, is paid in advance to the city treasurer by the grantee in the franchise.

(2) Beginning on the effective date of the amendatory act that added this subsection, September 13, 2011, a city shall not adopt a city charter or ordinance that includes any minimum staffing requirement for city employees. Except as otherwise provided in this subsection, any Any provision in a city charter or ordinance adopted on or after the effective date of the amendatory act that added this subsection September 13, 2011 that contains a minimum staffing requirement for city employees is void and unenforceable.

Sec. 5e. A municipal water or sewage system established by a city incorporated under this act which that serves more than 40% of the population of the state shall:

(a) Be audited annually by an independent auditor designated by the legislative auditor general. No A charter provision shall must not require an annual local audit for the same period. The auditor shall must be paid by the system. The results of the annual audit shall must be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws. the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The annual audit shall must be submitted to the governing body of each city, village, or township served by the system and to the legislature before December 1 of each year. Each city, village, or township served by the system shall must be audited annually by an independent auditor. The auditor shall must be paid by that city, village, or township served by the system. The results shall must be made available to the public.

(b) Hold at least 1 public hearing at least 120 days before a proposed rate increase is scheduled to take effect. Each hearing shall must be conducted in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Notice of the time, date, and place of each hearing shall must be given in the manner required by Act No. 267 of the Public Acts of 1976, shall the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Before January 1, 2022, notice of the time, date, and place of each hearing must be prominently printed in a daily newspaper of general circulation within the area, and shall must be mailed to each city, village, or township served by the system not less than 30 days before each hearing. Beginning January 1, 2022, public notice of the time, date, and place of each hearing must be posted as set forth in the local government public notice act, and notice of the time, date, and place of each hearing must be mailed to each city, village, or township served by the system not less than 30 days before each hearing. A final vote by the governing body of the city to implement a proposed rate increase shall must not be taken until the hearings provided for in this subdivision are concluded and the results of those hearings are considered by the city's governing body. This section shall must not be construed to impair the obligations of a contract. A city shall not be required to hold a public hearing before the establishment of a water or sewer rate which that is necessary for debt retirement under outstanding bond obligations.

Sec. 10. The county clerk shall, within 3 days after the passage of the resolution provided for in section 8, of this act, transmit a certified copy of said the petition and of such the resolution to the clerk of each city, village, or township in the district to be affected by the proposed incorporation, consolidation, or change. , and it shall be Before January 1, 2022, it is the duty of each of said the city, village, and township clerks to give notice of the date and purpose of the election provided for by said the resolution by publication in 1 or more newspapers published within said the district at least once in each week for 4 weeks preceding said before the election, and by posting a like notice in at least 10 public places in said the district not less than 10 days prior to such before the election. Beginning January 1, 2022, not more than 4 weeks before the election, it is the duty of each of the city, village, and township clerks to post public notice of the date and purpose of the election provided for by the resolution as set forth in the local government public notice act.

Sec. 15. (1) At an election on the question of the intent to incorporate a new city, or to make a consolidation permitted by this act, each elector residing within its proposed territorial limits shall be is entitled to vote for 9 electors, residing in the territory which that it is proposed to incorporate or consolidate, as members of a charter commission, and the notices required by section 10 shall must include notice of the election of those electors. The ballot shall must be prepared by the clerk of the county in which the territory is located or if located in more than 1 county, then by the clerk of the county in which the greater portion of the territory is located. The expense of the ballot preparation is to be borne by that county. If the proposed city is incorporated as provided in this act, the county shall must be reimbursed by the city at the time the charter is filed. The county clerk shall prepare the ballot to be used at the election pursuant to the general election laws of the state Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, as follows:

"For city incorporation. Yes( )

For city incorporation. No ( )".

Or, if the proposition be to consolidate, the ballot shall be as follows:

"For consolidating (naming entities) into 1 city. Yes( )

For consolidating (naming entities) into 1 city. No ( )".

(2) The county clerk shall also prepare a separate ballot and place on the ballot, without party designation, under the heading, candidates for members of the charter commission, the names of the electors having the qualifications required by this act for a member of the charter commission , who file a petition signed by 20 qualified electors residing in the territory proposed to be incorporated , asking that their names be placed on the ballot. For a consolidation, the electors of each city, village, township, or part of a township, proposed to be consolidated shall vote for and elect the number of the 9 members of the charter commission as shall be is substantially in proportion to the number of registered electors of the city, village, township, or part of a township, according to the registration rolls of the last regular state, city, or village election held in the city, village, township, or part of a township, but the number to be elected in a city, village, or township shall must not be less than 1. The county board of commissioners or the secretary of state shall determine and prescribe the number of members of the charter commission to be elected from each city, village, township, or part of a township in the case of a consolidation, pursuant to this subsection. The position of the names of the candidates upon the ballots shall must be interchanged as provided in the general primary election law of this state. Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. The ballot shall must also bear instructions directing that not more than 9 candidates shall must be voted for or, if the proposition is to consolidate, the ballot for members of the charter commission in each city, village, township, or part of a township, proposed to be consolidated shall must bear instructions directing that not more than the number of candidates determined by the county board of commissioners or the secretary of state to be elected in the city, village, township, or part of a township shall must be voted for. On the vote being canvassed on the question of the intent to incorporate or consolidate, if the result is determined to be in favor of the intent to incorporate or consolidate, the board of canvassers shall canvass the votes cast for members of the commission , and certify the election of the 9 persons receiving the highest number of votes cast. The elected members of the commission shall take the constitutional oath of office , and may fill vacancies in their membership. Five members shall constitute a quorum.

(3) The charter commission shall convene within 10 days after election and frame a charter for the proposed city within 90 days after the meeting. The business which that the charter commission may perform shall must be conducted at a public meeting of the commission held in compliance with Act No. 267 of the Public Acts of 1976. the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Notice of the time, place, and date of the meeting shall must be given in the manner required by Act No. 267 of the Public Acts of 1976. the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. The charter commission shall choose its own officers, determine the rules of its proceedings, and keep a journal. A roll call of its members on a question shall must be entered on the journal at the request of any member. The commission shall provide the manner of nominating the candidates for the first elective officers provided in the proposed charter. The commission shall fix the date of the first city election, and do and provide other things necessary for making the nominations and holding the election. The election may be held at a special election or on the same date as a general election. The Before January 1, 2022, the commission shall publish the proposed charter in 1 or more newspapers published in the proposed city, at least once, not less than 2 weeks and not more than 4 weeks preceding before the election, together with a notice of the election. , and that on the date fixed for the election the question of adopting the proposed charter will be voted on, and that the elective officers provided for in the charter will be elected on the same date. Notice Before January 1, 2022, notice of the election shall must also be posted in at least 10 public places within the proposed city not less than 10 days before the election. Beginning January 1, 2022, not less than 2 weeks and not more than 4 weeks before the election, public notice of the proposed charter, together with a notice of the election, must be posted by the commission as set forth in the local government public notice act. The commission shall provide for 1 or more polling places for the election, and shall give similar notice of their location as is given of the election, and shall appoint the inspectors of the election. On the date fixed for the election, the question of adopting the proposed charter will be voted on and the elective officers provided for in the charter will be elected on the same date. The results of the election shall must be canvassed by the county board of canvassers.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.