ELECTION EDITION—CHARTER AMENDMENTS

The Barton Hills Village Charter is the governing document of our community.  It was written by the Barton Hills Charter Commission and approved by the Barton Hills voters according to the laws of the State of Michigan.  The Charter states the rules for management of the village.

Since its adoption on December 11, 1973, the BHV Charter has only been amended four times.  As state laws change, the Charter needs to be kept up to date.  It is time to again bring our Charter into compliance with current laws.  The Board of Trustees has followed the required procedure to submit the following proposed amendments to the voters for decision.

The proposed amendments will be on the ballot at the November 8, 2022 General Election in the form of 7 questions.  The proposed changes fall into three general categories:

  • Election law.  Questions 1 and 4 address state requirements that our village election be held in November, and that administration of the election be conducted by Ann Arbor Township rather than the Village.
  • Elimination of the Village Assessor position. Property assessment is done by the qualified assessor at Ann Arbor Township, again by requirement of state law.  Duties that were previously assigned to a village assessor are now reassigned to either the Township assessor or the Village Treasurer as stated in Questions 3, 6, and 7.
  • Two language updates. Question 2 proposes “members of the public” rather than “citizens” or “electors.”  Question 5 changes notification method to “in writing” rather than “by mail.”

The questions as they will appear on the November ballot are listed below, followed by each question with the complete text of the Charter sections proposed to be amended.

The complete Charter is posted on this website under the Reports tab.  Contact the Clerk’s Office if you have questions, and please plan to vote in the November 8, 2022 election!

 

Proposed Charter Amendment Ballot Questions as they will appear on the November 8, 2022 ballot

 

  1. Shall sections 3.2, 3.4, and 4.3 of the Barton Hills Village charter be amended to correct election dates so as to comply with state election law?     Yes ☐    No ☐

 

  1. Shall section 3.5 of the Barton Hills Village charter be amended to be inclusive of all members of the public?     Yes ☐    No ☐

 

  1. Shall sections 3.8, 5.3, and 5.4 of the Barton Hills Village charter be amended to eliminate the position of Assessor?     Yes ☐    No ☐

 

  1. Shall sections 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, and 6.12 of the Barton Hills Village charter be amended to correct election procedures so as to comply with state election law?     Yes ☐    No ☐

 

  1. Shall section 6.4 of the Barton Hills Village charter be amended to change the method of notice?     Yes ☐    No ☐

 

  1. Shall section 8.3 of the Barton Hills Village charter be amended to assign the duties of Village Assessor to a qualified Assessor?     Yes ☐    No ☐

 

  1. Shall sections 8.4 and 8.5 of the Barton Hills Village charter be amended to assign the role of Assessor to the Treasurer?     Yes ☐    No ☐

 

Proposed Charter Amendment Ballot Questions with specific Charter sections showing the language changes

 

  1. Shall sections 3.2, 3.4, and 4.3 of the Barton Hills Village charter be amended to correct election dates so as to comply with state election law?

Section 3.2. Election and Terms. The Village election shall be held on the first Tuesday after the second first Monday in September November in each odd even numbered year, or on such date as the State shall declare by its laws to apply to villages, at which election there shall be elected four or five Trustees depending upon the number of terms expiring at that election, each for a term of four (4) years. The Trustees shall serve without compensation.

Section 3.4. Organization and Procedure. The Village Board of Trustees shall meet on the Monday following the Village election, or on the next date on which a suitable place for such meeting is available as determined by the Board, at which time the newly elected Trustees shall take the oath of office and be seated as Trustees. The Board shall make such determination as soon as practicable each year, and shall publish a notice of said date at least ten (10) days prior to said meeting date. This meeting shall be the annual organization meeting and the Board shall elect from its members a President and a President pro-tem who shall serve without compensation and whose terms shall expire at the next annual organization meeting of the Board of Trustees which in non-election years shall be held at the regular September November meeting. The President shall preside at meetings of the Board and shall be recognized as executive head of the Village government. The President shall be a member of the Board of Trustees for all purposes and shall have a voice and vote thereon. The President pro-tem shall act in the absence or disability of the President.

Section 4.3. Elections. A nonpartisan Village election shall be held on the first Tuesday after the second first Monday in September November in each odd even numbered year, or on such date as the State shall declare by its laws to apply to villages, at which only registered Village electors shall be eligible to vote. Special elections may be held when called by resolution of the Board of Trustees at least fifty (50) days in advance of such election or when required by this Charter or by general law. Any such resolution shall set forth the purpose of the election.

 

  1. Shall section 3.5 of the Barton Hills Village charter be amended to be inclusive of all members of the public?

Section 3.5. Meetings. The Board of Trustees shall provide by its rules for the time and place of its regular meetings and shall hold at least one regular meeting each month. Special meetings shall be called by the

President or by any four (4) Trustees on at least eight (8) hours written notice to each Trustee, served personally or left at each Trustee’s residence, but notice shall not be required if all members of the Board of Trustees are present or have waived notice in writing. No business shall be transacted at any special meeting unless the

nature of the same has been stated in the notice of such meeting. All regular and special meetings of the Board of Trustees shall be open to the public in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275 and citizens members of the public shall have an opportunity to be heard under such rules as the

Board of Trustees may prescribe. No qualified elector members of the public shall be denied this opportunity to be heard.

 

  1. Shall sections 3.8, 5.3, and 5.4 of the Barton Hills Village charter be amended to eliminate the position of Assessor?

 

Section 3.8. Appointive Officers. A Village Treasurer, an Assessor, and an Attorney, shall be appointed by the President of the Village, subject to approval by the Board of Trustees. The Treasurer and Assessor shall be a residents of the Village, and shall serve without compensation, but residency shall not be required for other appointive officers and employees. The President shall also employ such employees as the Board shall deem advisable to employ, subject to the approval of the Board of Trustees. The Board of Trustees shall establish the compensation to be paid the Attorney and other appointive officers and employees of the Village. Except as otherwise provided by this Charter or by ordinance, the terms of appointive officers shall be at the pleasure of the Village Board of Trustees.


Section 5.3. Assessor. The Village Assessor in cooperation with the Township Assessor shall perform such duties in relation to the assessing of real and personal property and the levying of taxes and in connection with the imposition of special assessments as are prescribed by this Charter and by ordinance of the Village.

Section 5.4  Employees. The Board of Trustees shall employ such assistants to the Clerk and Treasurer and Assessor for the performance of their duties as it shall deem necessary or advisable. The Board of Trustees may provide by ordinance for a Superintendent of Public Works, a Chief of Police, and a Fire Chief. The Board of Trustees may combine two or more offices into a single office, or appoint the same individual to more than one office. The Board of Trustees shall have the power to prescribe the duties of all officers and employees of the Village in any manner not inconsistent with the provisions of this Charter or law.

 

 

  1. Shall sections 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, and 6.12 of the Barton Hills Village charter be amended to correct election procedures so as to comply with state election law?

 

Section 4.4. Nomination of Trustees. Candidates for the Village Board of Trustees shall be nominated by petitions signed by not less than twenty (20) nor more than thirty (30) registered electors of the Village and filed

with the Village Clerk not later than 4:00 p.m. on the twelfth Tuesday before the Village election. in accordance with general election law. The Clerk shall furnish blank petition forms to any person eligible for election to office or to any person acting on behalf of such a candidate. The Clerk shall enter the candidate’s name in ink on such petitions prior to delivery of the petitions to the candidate or the candidate’s representative. No person shall sign more petitions than there are offices to be filled.

 

Section 4.5. Approval of Petition. The Village Clerk shall accept for filing only such nominating petitions for qualified candidates as are on official blanks and contain the required number of signatures. The Clerk shall forthwith determine the sufficiency of the signatures on each petition filed. Petitions which are found by the Village Clerk to contain the required number of signatures of registered electors for qualified candidates shall be marked “Approved” with the date thereof. Any candidate may withdraw by filing a signed statement to such effect with the Village Clerk not later than 4:00 p.m. of the third day after the last day for filing the nominating petitions.

 

Section 4.6. Notice. Notice of the time and place for holding any Village election and of the officers to be elected and the propositions to be voted upon shall be given by the Village Clerk at least ten (10) days before such election by publishing at least one (1) time in a newspaper of general circulation in the Village. Notice of the last day for registration of electors and of the last day for filing nominating petitions and of any other necessary election notices shall be given in the manner required by the general election law.

 

Section 4.7. Election Procedure. The general election laws of the State shall apply to and control, as near as may be, all procedure relating to elections., except as such laws relate to political parties or partisan procedure or require more than one publication of notice and except as otherwise provided in this Charter. In any circumstance where the application of said laws may be uncertain, the Election Commission shall construe the same and prescribe the procedure.

 

Section 4.8. Election Commission: Board of Canvassers. The Village Board of Trustees shall constitute the Village Election Commission. The Election Commission shall appoint the inspectors of election, fix their compensation, and prescribe the procedure to be followed. The village elections shall be canvassed by the Washtenaw County Board of Canvassers as provided by the general election law.

 

Section 4.9. Clerk’s Duties. The Clerk shall perform all duties in connection with Village elections as are required under the general election law.

 

Section 6.12. Submission to Voters. Should the Board of Trustees decide to submit the proposal to the voters, it shall be submitted at the next election held in for the Village for any other purpose, or, in the discretion of the Board, at a special election. The result shall be determined by a majority vote of the electors voting thereon.

 

 

  1. Shall section 6.4 of the Barton Hills Village charter be amended to change the method of notice?

 

Section 6.4. Publication. Every ordinance shall become effective upon its publication unless a later effective date is provided in the ordinance. Within ten days after the enactment of an ordinance the same shall be published by one of the following methods:

(a)        Said ordinance shall be printed in full in any newspaper of general circulation in Barton Hills Village, or

(b)        If any ordinance is more than 200 words in length there may be published in a newspaper of general circulation in the Village a notice of the adoption of said ordinance and a brief statement of the purpose or subject matter thereof and where copies may be obtained. In case publication is by the manner provided in this subparagraph (b), copies of such ordinance shall be made available by the Clerk and a reasonable charge may be imposed for such copies.

Whenever an ordinance is adopted the Clerk shall either notify each resident elector by mail in writing of the time and place of newspaper publication prior to the publication of said ordinance, if published therein in full, or of the purpose or subject matter and where copies can be obtained if published under (b) hereof.

 

 

  1. Shall section 8.3 of the Barton Hills Village charter be amended to assign the duties of Village Assessor to a qualified Assessor?

 

Section 8.3. Assessment Roll. The provisions of state law for the preparation and review of village assessment rolls in villages organized under the provisions of Public Acts 1895, No. 3, as amended, by the township in which the village is located, shall apply to Barton Hills Village. In case it should be necessary for this Village to prepare an independent assessment roll, the Board of Trustees shall have the authority to provide for the preparation of such roll by a qualified the Village Assessor and for the establishment of a board of review, and in such case the Village  qualified Assessor and the Village Board of Review shall have the same powers and duties as provided for by state law in connection with the preparation of an assessment roll and review thereof by townships.

 

 

  1. Shall sections 8.4 and 8.5 of the Barton Hills Village charter be amended to assign the role of Assessor to the Treasurer?

 

Section 8.4. Preparation of Tax Roll. After the Board of Trustees has adopted the budget for the ensuing year, the Assessor Treasurer shall proceed forthwith to spread upon the assessment roll the total amount which the Board of Trustees has determined shall be raised by general tax; all amounts of special assessments which the Board of Trustees requires to be assessed or reassessed upon any property or against any person; and all other amounts which the Board of Trustees may determine shall be charged, assessed or reassessed against any person or property. The Assessor Treasurer shall spread the amounts of the general Village tax according to and in proportion to the several valuations set forth in said assessment roll. For the purpose of avoiding fractions in computation the Assessor Treasurer may add to the amount of the several taxes to be raised not more than the amount authorized by the General Property Tax Law, said excess to belong to the Village.

 

Section 8.5. Tax Roll Certified for Collection. After extending the taxes aforesaid and not later than the 15th day of June in each year, the Assessor Treasurer shall certify said tax roll, and the President shall annex a warrant thereto, directing and requiring the Treasurer to collect from the several persons named in said roll the several sums mentioned therein opposite their respective names as a tax or assessment, and granting to the Treasurer, for the purpose of collecting the taxes, assessments, and charges on such roll, all the power and immunities possessed by township treasurers for the collection of taxes under the general laws of the state.

Author: Barton Hills