Village voters to decide on charter changes

In the Nov. 8 general election, Oxford Village voters are being asked to do something that hasn’t been done since Jimmy Carter occupied the White House – amend the municipality’s charter.

Six proposed amendments are on the two-page, two-sided ballot.

Village attorney Bob Davis, who’s been working closely with council on revising the charter since October 2014, said they all represent “glaring” examples of language that “needed work.”

The village charter hasn’t been significantly reviewed or amended since 1978. These amendments are designed to update the charter, bring it into compliance with state law and ensure greater accountability in village government.

One proposed amendment deals with conflicts of interest.

It would prohibit council members and officers of the village from having an interest, either “directly or indirectly, in any contract made, or service to be performed, for or on behalf of the village unless such interest is authorized by the then-existing state law and in the manner required by such state law.”

Right now, the charter allows village officials to have such interests as long as council votes unanimously to allow it.

According to Davis, the current language is “not consistent with Michigan law.”

“Basically, (it says) you can have a conflict if you get a permission slip from yourself,” he said.

Another amendment would prohibit residents from being “eligible for any elective office or permitted to maintain elective or appointed office . . . if he/she has any indebtedness, statutory or otherwise” to the municipality.

The proposed amendment defines “indebtedness” as “any water bill or other financial obligation to the village which is more than 90 days past due, in whole or in part.”

This would apply to individuals seeking election to council and those currently serving as well as those seeking appointment to or serving on other village boards such as the planning commission, zoning board of appeals and downtown development authority board.

“The goal is to clarify that we don’t want our elected officials, or appointed officials, to be indebted to the government they serve while they’re running for (office) or while they’re serving because it produces a conflict when they have to vote on issues that impact (what people are paying to the village),” Davis said.

“You should be up to date (on your payments). If you’re voting to shut somebody’s water off, you shouldn’t be behind on your water bill . . . You shouldn’t be in the service of a government that you’re indebted to.”

Two of the proposed amendments deal with the village manager and clerk.

Basically, they would require council to conduct annual performance reviews for both officials at a regular meeting in November, then at the last meeting in December, adopt resolutions outlining the responsibilities and duties for each for the following calendar year.

“With these new charter provisions, we’ll be able to adjust and review (what’s expected from the village’s) two key positions yearly, based on direction from the

council,” Davis said. “It’s a process whereby we can keep the job duties and responsibilities of the clerk and the village manager up to date and ensure their accountability to the council.”

It also gives council some “flexibility,” according to Davis, when it comes to playing to the strengths of whoever holds these positions in the future.

“Let’s pretend the next time we hire a village clerk, he or she is a former (certified public accountant) and let’s pretend the next time we hire a village manager, he’s a former building (official),” he explained.

“Now, you can adjust (these positions) to their talents. You can’t get rid of statutory obligations, but you can refine through that (proposed review) process (what things each one should focus on in order) to be more consistent with their talents. That’s why I like it.”

The final two proposed amendments bring the charter into compliance with state law, according to Davis.

One states, “All public records of the Village of Oxford shall be available to the public under the Freedom of Information Act.”

The other declares, “The village council is empowered to adopt, continue, amend or repeal village ordinances.”

 

Leave a Reply

Your email address will not be published. Required fields are marked *