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Justices of the peace.
Officers to give bonds, etc.
Neglect to file bonds, etc.
Council may require new bonds.
QUALIFICATIONS, OATH AND BOND OF Office.
SECTION 1. No person shall be elected or appointed to any office, except that of city attorney, unless he be an elector of the city, and if elected or appointed for a ward he must be an elector thereof.
SEC. 2. Justices of the peace shall, within ten days after the date of their election, take and file an oath of office with the county clerk of Muskegon county in the same manner as in cases of justices of the peace elected in townships. All other officers, elected or appointed to any office in the city, shall, within five days after receiving notice of their election or appointment, take and subscribe the constitutional oath of office, and file the same with the recorder.
SEC. 3. Every justice of the peace, within the time limited for filing his official oath, shall file with the county clerk the security for the performance of his official duties, required by law, in case of justices of the peace, elected in townships, except that such security shall be first approved by the council. And in case such justice shall enter upon the execution of his office before having filed his official oath and the security aforesaid, he shall be liable to the same penalties as are provided in case of justices of the peace elected in townships.
SEC. 4. Every officer, elected or appointed to an office in the city, before entering upon the duties of his office, and within the time prescribed for filing his official oath, shall file with the city recorder such bond as may be required by the council and with such sureties as shall be approved by the council, for the due performance of the duties of his office, and to duly account for such property and money as shall come into his hands by virtue of his office: Provided, That the bond of the city recorder shall be deposited with the city treasurer.
SEC. 5. At the first meeting of the council after the expiration of the time in which any official bond or oath of office is required to be filed, the recorder shall report in writing to the council the names of persons elected or appointed to office who have neglected to file such oath and bond.
SEC. 6. The council may at any time require any officer, whether elected or appointed, to execute and file as above provided, new or additional bonds in the same or in such further sums, with new and such further security as said council may deem proper for the interests of the city. A failure to comply with such requirements shall subject such officer to immedi ate removal by the council.
RESIGNATIONS, REMOVALS AND VACANCIES.
SECTION 1. Resignations of elective officers and officers ap- Resignations, pointed by the council shall be made to the council, subject to made. its approval and acceptance.
SEC. 2. If any officer, except city attorney, shall cease to be when office a resident of the city, or if elected or appointed in and for a vacant. ward, shall remove therefrom during his term of office, the office shall thereby be vacated.
SEC. 3. If any person elected to or appointed to office shall When council fail to take and file the oath of office, or shall fail to give the office vacant. bond or security required for the due performance of the duties of his office, within the time herein limited therefor, the council may declare the office vacant, unless previous thereto he shall file the oath and give the requisite bond or security.
SEC. 4. A vacancy in the office of justice of the peace shall Vacanies, be filled at the next annual city election after such vacancy occurs. A vacancy in the office of mayor, any alderman, or any other office except justice of the peace, shall be filled by election by the council within twenty days after the vacancy
not to release
SEC. 5. The resignation or removal of any officer shall not, Resignation nor shall the appointment or election of another to the office, bonds. release such officer or his sureties from any liability incurred by him or them.
SEC. 6. Whenever any officer shall resign or be removed, To deliver or the term for which he shall have been elected or appointed successor. shall expire, he shall, on demand, deliver over to his successor, all the books, stub books, papers, moneys, and effects in his custody, in any manner appertaining to his office. Every officer, appointive or elective, violating the provisions of this section, shall be deemed guilty of a misdemeanor, and may be proceeded against in the same manner as public officers generally, for like offenses, under the general laws of the State.
DUTIES AND COMPENSATION OF OFFICERS.-MAYOR.
SECTION 1. The mayor shall be the chief executive officer To have genof the city. He shall preside at the meetings of the council vision. and shall, from time to time, give the council information concerning the affairs of the city, and recommend such measures as he may deem expedient. It shall be his duty to exercise supervision over the several departments of the city government, and see that the laws relating to the city and the ordinances and regulations of the council are enforced.
SEC. 2. The mayor shall be conservator of the peace, and Same powers may exercise within the city the powers conferred upon sher
May suspend officers.
Who to act as, in absence.
Powers and duties.
iffs to suppress disorder, and shall have authority to command the assistance of all able bodied citizens to aid in the enforcement of the ordinances of such city, and to suppress riot and disorderly conduct.
SEC. 3. He may suspend any officer nominated by him and confirmed by the council at any time for neglect of duty or improper conduct, and may suspend any policeman for like cause. He shall have authority at all times to examine and inspect the books, records and papers of any agent, employe or officer of the city, and shall perform all such duties as are or may be prescribed by the ordinances of the city.
SEC. 4. In the absence or disability of the mayor, the presi dent pro tempore of the council shall be the acting mayor, and shall have the same powers and perform the same duties as are conferred upon the mayor: Provided, That said president pro tempore shall make no nomination to office during the temporary absence of the mayor from the city, unless such absence exceeds a period of twenty days.
SEC. 5. The aldermen of said city shall be members of the council and attend the meetings thereof, and act upon committees, when thereunto appointed by the mayor or council. As conservators of the peace they shall aid in maintaining quiet and good order in the city, and in securing the faithful performance of duty by all officers of the city. No alderman shall be elected or appointed to any other office in the city, except mayor, during the term for which he was elected as alderman.
Powers and duties.
SEC. 6. The recorder shall keep the corporate seal and all the documents, official bonds, papers, files, and records of the city not by this act or the ordinances of the city entrusted to some other board or officer. He shall be clerk of the council and clerk of all committees thereof; he shall attend its meetings, record its proceedings, ordinances and resolutions in proper books provided therefor. He shall countersign and register all licenses granted and all bonds issued and shall, when required, make and certify under the seal of the city, copies of the papers, records and files kept in such office, and such copies, when so certified by him, shall be evidence in all cases of the matters therein contained to the same extent as the original would be. He shall possess and exercise the powers of the township clerk so far as the same are required to be performed within the city, and he shall have all the powers within the city conferred by law on notaries public. All claims against the corporation shall be filed with him for adjustment.
After examination thereof, he shall report the same with all accompanying vouchers, counterclaims of the city in his possession, to the council for allowance, and when allowed shall
draw and sign all warrants upon the city treasurer for the payment thereof, designating thereon from which fund payment is to be made, and shall take proper receipts therefor. When any taxes or money shall be levied, raised or appropri ated, the recorder shall report the amount thereof to the city treasurer, stating the objects and funds for which it is levied, raised or appropriated and the amount thereof to be credited to such fund. He shall keep an account of all funds, taxes, assessments, receipts and expenditures, and shall report to the council and city treasurer at the first regular meeting of said council in each month, the condition of the several funds of the city, and shall, at the last regular meeting of the council in March in each year, make out and present a full statement and balance sheet of the financial accounts of the city, with such recommendations and explanations as may be proper to add thereto. He shall keep a complete set of books showing the financial condition of said city in its various departments and funds, its resources and liabilities, with proper classification of each fund or appropriation for any distinct object or expenditure or class of expenditure. He shall keep an account with the city treasurer, in which he shall charge said treasurer with the whole amount of taxes, special or general, levied in said city and placed in his hands for collection, all sums received for licenses, rents and all other moneys which may be paid into the city treasury, and all bonds, coupons, notes, leases, mortgages, interest and bills receivable by said city of whatever nature. Immediately upon entering upon the duties of his office, he shall make a complete inventory of all the property of said city and shall charge all other officers of the city with all funds, moneys, and property placed or being in their possession, and shall require a statement of such officers at least once in each year and as much oftener as may be deemed by the council for the best interests of the city and the safety of its property. He shall perform all such other duties relating to the finances of the city and pertaining to his office, as the council may require. In case of the death, absence from the city, disqualification or inability to act, of said recorder, the mayor shall, in writing, appoint a suitable and competent person as acting recorder, who shall perform all the duties of said office, and receive the same compensation during the absence, disqualification, or inability to act, of said recorder, until said vacancy is filled in the manner prescribed by this act.
SEC. 7. The city treasurer shall be, by virtue of his office, Idem. the collector of all taxes and assessments, both general and special, levied and made within said city. He shall be receiver and custodian of all moneys paid to or belonging to said city for any purpose whatever. He shall keep an accurate account, under proper heads, of all moneys received, and all warrants paid by him. He shall exhibit to the council at its
last regular meeting in March of each year, and at such other times as the council shall require, a full and true account of the receipts and expenditures from and after the date of the last annual report, and also the state of the treasury, which account shall be left to a committee for examination, and if found correct shall be filed.
SEC. 8. The treasurer shall pay no money out of the treas ury, except in pursuance of and by authority of law, and upon warrants signed by the recorder and countersigned by the mayor or acting mayor, and shall pay no warrants on any funds after the same has been exhausted.
CHIEF OF POLICE.
SEC. 9. The chief of police shall be subject to the direction of the council, as in this act provided; he shall likewise be subject to the directions of the mayor. It shall be his duty to see that all ordinances and regulations of the council made for the preservation of quiet, good order and for the safety and protection of the inhabitants of the city, are promptly enforced. As peace officer he shall be vested with all the powers conferred upon sheriffs for the preservation of quiet and good order. He shall serve and execute all process directed or delivered to him in all proceedings for violations of the ordinances of the city, and such process may be served anywhere within the state. He shall also be vested with all the powers of constables in townships under the general laws of this State. He may collect and receive the same fees for services performed by him as are allowed to constables for like services, but in no case shall such fees be charged to or be paid by the city, and the same shall be paid into the city treasury. All moneys received or collected by him shall be paid into the city treasury during the same month when received, and the treasurer's receipt therefor shall be filed with the city recorder. In addition he shall perform such other and further duties pertaining to his office as the council may require. He shall suppress all riots, disturbances and breaches of the peace, and for that purpose may command the aid of the citizens in the performance of such duty. He shall arrest all disorderly persons in the corporation and pursue and arrest, in any part of this State, any person fleeing from justice. He shall arrest upon view and with or without process, any person found in the act of committing any offense against the laws of the State, or the ordinances of the city, and forthwith take such person before the proper magistrate or court for examination or trial, and may arrest and imprison persons found drunk in the streets, or public places, until they shall become sober. He shall also be overseer of the poor and perform all the duties and possess all the powers of overseer of the poor in townships under the laws of this State.