
Guides directly based on Michigan Law (MCL-Michigan Compiled Laws)
This is not legal advice.
THE HOME RULE CITY ACT Act 279 of 1909
Creating A City In Michigan
1. Legal Framework for Michigan City Councils
A. State Law & Home‑Rule Cities
-
Michigan law divides local municipalities into general law versus home‑rule cities under the Michigan Home Rule Cities Act.
-
Home‑rule cities adopt their own charters that define council structure, powers, and election rules. General‑law municipalities follow statutory frameworks.
B. Legislative Powers & Responsibilities
-
City council holds all legislative and policy-making authority not given to other city officers. They adopt ordinances, approve budgets, zoning, contracts, and oversee appointments. Individual councilmembers lack administrative authority unless explicitly empowered.
C. Council Operations & Open Meetings
-
Must abide by Michigan’s Open Meetings Act: all meetings (regular, special) must be publicly noticed (18‑hours for special; regular schedule within 10 days after a new term), open to public, minutes recorded, and posted within 15 days.
D. Roles and Ethics
-
Council sets its internal rules: quorum, agenda structure, consent agendas, committees, decorum. Ethics and transparent communication are emphasized in many municipal rulebooks.
-
Council appoints city manager (in council‑manager systems) and oversees intergovernmental affairs and community representation.
2. How it Works: Council‑Manager Form vs Mayor‑Council Form
Council–Manager (most Michigan cities)
-
Council (including mayor) is elected; hires a professional City Manager who runs daily operations.
-
Mayor may be elected (ceremonial role, presiding officer) or selected from council depending on charter.
-
Council sets policy; Manager executes policy and oversees staff. Individual councilmembers do not direct staff.
The major areas of City Council authority and responsibility are:
• Judging the qualification of its own members
• Setting and interpreting rules governing its own proceedings
• Exercising all the powers of the City that the law does not delegate to others
• Legislating for the City
• Appointing certain administrative personnel
• Transacting city business
• Managing the City’s financial operations
• Appointing members of the boards, committees and commissions
• Conducting the City’s intergovernmental affairs
• Protecting the welfare of the city and residents
• Providing community leadership
Mayor–Council (strong‑mayor) – relatively rare in Michigan
-
Mayor has executive powers, veto authority, hires department heads, and oversees day‑to‑day functioning. Council remains legislative.
3. Elections & Terms: Cycle and Determination
Term Lengths
-
Traditionally, councilmembers and mayors served two-year terms with elections every odd-numbered year.
-
After charter updates (e.g. approved in 2020), many councils, including Sterling Heights and Roseville, moved to four-year staggered terms, starting 2021.
Staggering
-
Council seats are staggered so approximately half of members are elected in each election cycle. That ensures continuity. For example, Roseville elects three council seats at a time in odd‑year general elections.
Eligibility and Nomination
-
Typical requirements: minimum age (often 18 or 25), residency in municipality for a period, and qualifying with personal statements or petitions per charter or general law.
4. Sample Council Meeting
Outline
A typical agenda structure (adapted from MML sample rules):
-
Call to order / roll call
-
Public hearings (for proposed ordinances)
-
Public comment on agenda items
-
Consent agenda (noncontroversial matters like minutes, usual bills)
-
Approval of regular agenda
-
Minutes, bills, communications
-
Committee / officer reports (manager, attorney, etc.)
-
Unfinished business
-
New business
-
Announcements / adjournment
They may also hold study or work sessions earlier in the day, no binding votes, focused on information exchange.
5. Macomb County Context
A. County Legislative Body: Board of Commissioners
-
Macomb County Board of Commissioners is the county-level legislative body, consisting of 13 commissioners, each representing single-member districts.
-
Starting with the 2024 election, commissioners now serve 4-year terms (they were 2-year terms earlier).
-
Commissioners set the county budget, supervise county departments, and adopt county-level ordinances.
B. Relationship to City Councils
-
While city councils govern at the municipal level, county commissioners represent residents at county government, for county-wide services like roads, health department, courts, etc.
-
Commissioners don’t oversee city councils directly but councilmembers may interact with them on shared issues like roads, public health, or regional planning.
C. City Examples within Macomb County
Sterling Heights
-
Council–manager government: Mayor + six councilmembers elected at large.
-
Since 2021, all four‑year staggered terms. Prior to that, terms were two years.
-
Council hires City Manager (appointed; not elected) to manage daily affairs.
Roseville
-
Council–manager format: six councilmembers plus mayor, all elected to four‑year terms, staggered, three seats at each odd‑year general election.
Mt. Clemens, Fraser, Eastpointe, etc.
-
Most Macomb cities use similar formats. According to elected officials lists: mayors and council seats have staggered term endings (2025, 2027, etc.). Macomb County Docs
Key Takeaways
-
Michigan city councils are primarily legislative, passing local laws, budgets, and policy; day-to-day operations handled by a manager (in most cities).
-
Elections are generally odd‑year; many cities shifted to four-year staggered terms starting 2021.
-
Macomb County’s Board of Commissioners governs county-wide operations—distinct from city councils—recently switching to four-year terms beginning 2024.
-
Cities within Macomb (Sterling Heights, Roseville, Eastpointe, Fraser, Mt. Clemens) follow council–manager structure, elect mayors plus councils on staggered four‑year cycles. Macomb County Docs
Michigan home rule act
Guides directly based on Michigan Election Law (MCL)
THE HOME RULE CITY ACT Act 279 of 1909
Creating a City in Michigan
I. Legal Framework: Charter Adoption & Amendment Under the Home Rule City Act
A. MCL 117.15 – Election & Formation of Charter Commission
“At an election on the question of the intent … to incorporate a new city … each elector shall be entitled to vote for 9 electors … as members of a charter commission … The elected members … may fill vacancies … convene … frame the charter … conduct business at public meeting … publish proposed charter … review results …”
This section governs how a charter (or revision) commission is elected, when initiated by petition or council vote.
B. Procedural Provisions (MCL 117.18–117.20, 117.21–117.25)
-
MCL 117.19: Council must set logistics for charter commission election, meeting place, compensation, budget, ballot, etc.
-
MCL 117.20: The commission must operate publicly, keep a journal, hold meetings, and deliver a final draft to electors.
-
Sections 117.21–117.25: Detail thresholds (3/5 council vote or 5% petition), election mechanics, and timing for ballot submission.
C. MCL 117.22 – Governor’s Review of Charter Changes
“Every amendment to a city charter … and every charter before the final adjournment of the commission, shall be transmitted to the governor of the state. If he approves it, he shall sign it; if not, he shall return the charter … with his objections … if it be an amendment proposed by the legislative body, such body shall re‑consider it, and if 2/3 of the members‑elect agree to pass it, it shall be submitted to the electors. If it be an amendment proposed by initiatory petition, it shall be submitted … notwithstanding such objections.”
This mandates gubernatorial approval for both new charters and amendments, with override authority only for council-initiated amendments.
II. How It Works for Home-Rule Cities in Macomb County
All home-rule cities in Macomb County | Sterling Heights, Warren, Fraser, Roseville, Mt. Clemens, Eastpointe, St. Clair Shores, Center Line, and others, must follow this state-level process whenever they propose charter changes.
Typical Local Process:
-
Initiation
-
Council proposes via 3/5 vote of members, or
-
Citizen petition with signatures from ≥ 5% of registered voters in the city.
-
-
Commission Formation
-
Election of nine charter commissioners (none current officials or employees).
-
Role: draft a new charter (for revisions) or proposed amendment language within 60 days.
-
-
Governor Review
-
Draft revisions or amendments submitted to Governor before public vote.
-
Governor approval required; if withheld:
-
Council-initiated amendments must be reconsidered and may be placed on ballot if 2/3 of council votes to override.
-
Petition-initiated amendments proceed to ballot regardless of gubernatorial objection.
-
Full charter revisions cannot bypass this requirement must gain gubernatorial approval.
-
-
-
Ballot Submission
-
Once Governor approves (or override happens), proposal placed on next general or special election for voter decision.
-
III. Examples of Implementation in
Macomb Cities
Sterling Heights
-
Adopted home-rule charter in 1968; regularly amended over time.
-
2020 amendment changed mayor and council terms from two-year to four-year staggered terms, effective 2021.
-
That amendment was placed on the ballot via council resolution or petition (public record indicates that council vote passed and it proceeded via statutory process).
-
Under MCL 117.22, Governor review would have been submitted—either signed or council overrode.
-
Eastpointe
-
Operates under council–manager form with four-year staggered terms.
-
When it adopted ranked-choice voting in 2019, that process likely involved a charter amendment via petition, complying with MCL 117.15–117.22.
Other Cities (Warren, Fraser, Roseville, etc.)
-
Any structural or timing changes in their charters must follow the same procedures:
-
Initiation threshold → commission (if revision) → Governor review → override (if applicable) → voter approval.
-
Summary
-
MCL 117.15–117.25 and MCL 117.22 lay out a strict procedural hierarchy: initiation → commission → drafting → Governor review → possible override → voter approval.
-
All home-rule cities in Macomb County must comply when amending or revising their charters.
-
Examples like Sterling Heights and Eastpointe demonstrate real-world application of the process and confirm that each change followed state law.
.png)