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HomeMy WebLinkAboutHuman Resources05-26-94A10:21 RCVD AS APPROVED FEBRUARY 1987 BYLAWS OF THE LANSING CITY HUMAN RESOURCES ADVISORY BOARD OUTLINE Section I • NAME Section II. PURPOSE Section III. MEMBERS A. Removal from office B. Vacancies Section IV. MEETINGS A. Meetings Open to the Public B. Notice of Meetings c. Regular Meetings D. Rescheduled, Special, or Recessed Meetings E. Closed Meetings F. Emergency Meetings G. Minutes H. Quorum I. Rules J. Order of Business K. Voting Section v. OFFICERS A. Composition B. Election and Term of Office c. Duties D. Succession E. Vacancies Section VI. COMMITTEES Section VII. AMENDMENTS TO BYLAWS Section VIII. DISQUALIFICATION A. Contractual Matters B. Non-Contractual Matters -2- Section I . BYLAWS OF THE LANSING CITY HUMAN RESOURCES ADVISORY BOARD NAME The name of the organization is the Human Resources Advisory Board of the Lansing City Human Resources Department (hereinafter referred to as the Advisory Board) Section II. PURPOSE The Advisory Board shall review and consider all human resources programs or human resources projects and make recommendations to the City Council, the Mayor, the Planning Board, the Human Resources department, and to any other interested City department, office or board. Each member is encouraged to make a personal on-site visit to programs or projects for the purpose of providing a brief oral or written, report to the Board. Section III. MEMBERS The Advisory Board shall be composed of eight citizens appointed pursuant to Chapter 2A of the Code of City Ordinances as amended, or as re-enacted. A. Removal from Office 1 . Grounds: Members of the Advisory Board shall be recommended for removal upon missing three (3) consecutive regularly scheduled Advisory Board meetings unless such absences are excused for good reason as determined by the Chairperson. 2. Notice Procedure: Upon the third unexcused absence the Board shall notify the Mayor and request him to initiate the removal of City Officers pursuant to the City Charter, Section 4.12. B. Vacancies The Board shall request the Mayor to fill vacancy as defined by Chapter 2A of the Code of City Ordinances and City Charter. -3- Section IV. MEETINGS A. Meetings Open to the Public: 1. All meetings of the Advisory Board and Committees at which a quorum is present for the purpose of deliberating toward or rendering a decision on public policy shall be open to the public except as provided in below. 2. Upon recognition by the Chairperson, guests shall have the right to speak and said recognized guests shall be limited to three (3) minutes, at the time provided in the Board's order of Business under "Hearings of Delegations and Individuals," in Sections J(c) or J(l) below. B. Notices of Meetings: Notices and agendas of regular, special, rescheduled, or recessed meetings of the Advisory Board and Committees shall be publicly posted in the Human Resources Department and the City Clerk's Office. Notices shall contain the dates, times, place of meeting as well as the name, address and telephone number of the Advisory Board and Committees and shall be the same as for the Human Resources Department. C. Regular Meetings: 1. Regular meeting shall be held on the First Thursday of each month at 7:30 p.m. and shall adjourn by 10:30 p.m. Regular meetings shall be held either at the Washington Square City Hall Annex or at human services agencies in the City of Lansing. 2. Exceptions to the regular meeting date and place shall be at the discretion of the Chairperson. -4- D. 3, All Advisory Board members shall receive prior written notice of each regular meeting and all pertinent materials pertaining to that meeting at least five (5) working days before the date of said meeting, unless exceptions are allowed by the Board Members. 4. Within ten (10) days after the first meeting of the Advisory Board and Committees in each fiscal year, the Secretary shall post a public notice which states the dates, times, and places of the regular meetings for that fiscal year. 5. In the event that either the dates, times, and/or places of the regular meetings of the Advisory Board or Committees is changed, a public notice shall be posted by the Secretary within three (3) days after the meeting as which the change is made. Rescheduled, Special, or Recessed Meetings: 1. In the event that an individual regular meeting of the Advisory Board or Committees is rescheduled, or a special meeting is convened, a public notice shall be posted by the Secretary at least eighteen ( 18) hours in advance of each meeting. 2. Special meetings of the members of the Advisory Board may be called: a. By the Chairman' b. The Chairman must call a special meeting when requested in writing by five (5) members of the Advisory Board stating the purpose of the meeting. c. Board members must receive written notice and all pertinent materials pertaining to that meeting at least seventy-two ( 72) hours prior to the convening of a special meeting, unless exceptions are allowed by the Board members. 3. Any meeting recessed for more than thirty-six (36) hours may not be reconvened unless the eighteen (18) hour notice required for rescheduled or special meetings is observed. -5- E. Closed Meetings: 1. The Advisory Board of Committees may convene meetings closed to the public for purposes of deliberation only. Decisions which derive from deliberation at closed meetings shall be made at a meeting open to the public. The only reasons for which a closed meeting may be convened are: a. To consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member, or individual agent, when the named person requests a closed hearings. b. For strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement when either negotiating party requests a closed hearing. c. To consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained. d. To consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation, but only when an open meeting would have a detrimental financial effect on the litigating or settlement position of the public body. e. To review the specific contents of an application for employment or appointment to a public office when the candidate requests that the application remain confidential. However, all interviews by the public body for employment or appointment to a public office shall be held in an open meeting pursuant to this act. f. To consider material disclosure by State or exempt from discussion Federal statute. or 2. The procedure which shall be followed for calling a -6- closed meeting is: a. A majority roll-call vote is required for a closed meeting whose purpose is stated in ''Closed Meetings," in Section 1, Subsections a. and b. above. b. Six (6) affirmative votes are required for a closed meeting whose purpose is stated in "Closed Meetings,'' in Section 1, subsections c through f above. F. Emergency Meetings: Emergency meetings may be called without advance posting in the event of a severe and eminent threat to the health, safety, or welfare of the public where six (6) affirmative votes of the membership of the Advisory Board decide that delay would be detrimental to efforts to lessen or respond to the threat. G. Minutes: 1. Minutes of all meetings of the Advisory Board and Committees shall be recorded and shall show the date, time, place, members present, members absent, any decisions made, purpose for which any closed session was held and all roll-call votes taken. 2. All minutes of regular, special, rescheduled, or recessed meetings are public records open to inspection at the Office of Human Resources Department and the City Clerk. 3. Copies of the minutes shall be made available to the public at a reasonable printing or copying cost as may, from time to time, be determined by the City of Lansing. 4. Proposed minutes shall be made available for public inspection not more than eight (8) business days after the meeting to which the minutes refer. Approved minutes shall be made available for public inspection not later than five (5) business days after the meeting at which the minutes are approved. 5. Minutes of all closed meetings shall be recorded and shall not be disclosed to the public except by court -7- order and shall be retained for a minimum of one year and one day after the approval of the minutes of the regular meeting at which the closed session was approved. H. Quorum: 1. A quorum shall be five (5) Advisory Board members as determined by City Charter. 2. The Secretary shall call the roll at each meeting, and record those present and those absent. 3. The Chairman shall determine if a quorum is present. I. Rules: The rules of procedure in Robert's Rules of Order, latest edition, shall guide the Advisory Board in all cases to which they are applicable, but the rules may be suspended by majority consent of the members present. J. Order of Business: 1. The order of business shall be prepared by the Director with the advice of the Chairman. 2. The order of business shall be as follows: a. Roll Call b, Amendments to the Agenda c. Hearings of Delegations and Individuals d. Minutes of Previous Meetings e. Report of Committees f, Report of Officers g. Report of Director h. Communications i. Unfinished Business j. New Business k. Excused Absences 1. Hearings and Delegation and Individuals m. Next Scheduled Meeting (Date and Location) n. Adjournment K. Voting: 1. Each of the Advisory Board members shall be entitled to -8- Section v. one (1) vote on each matter submitted to the vote of the members. 2. Voting on matters before the Advisory Board may be by show of hands and/or roll-call vote. 3 . Roll-call votes shall be recorded in the minutes. At each meeting, roll-call voting shall rotate alphabetically, i.e., the first roll-call vote of any meeting shall commence with the Board member whose name is first alphabetically; the second roll-call vote shall commence with the Board member whose name is second alphabetically; and shall continue in like manner throughout each meeting. 4. The method of voting shall be determined by the Chairman, with these exceptions: a. Any member of the Advisory Board may request a roll-call vote; or b. A written ballot may be requested if so voted by six (6) affirmative votes of the members present. 5. It shall take five (5) affirmative votes to approve any action by the Board. OFFICERS A. Composition: There shall be three (3) officers of the Advisory Board. The officers of the Board shall be Chairman, Vice- Chairman, and Parliamentarian. 1. Chairman,"Vice-Chairman and Parliamentarian shall be elected. 2. If the elected Parliamentarian is absent from a meeting, the Chairman, or person acting in his absence, shall appoint one for that meeting. 3. The Human Resources Department staff will serve the Advisory Board as its Secretary for the purpose of taking minutes and filing same with the City Clerk. B. Election and Term of Office: -9- The officers of the Advisory Board shall be elected at the regular June meeting for one-year terms. 1. Election of the Chairman, Vice-Chairman, and Parliamentarian (a.) The election of officers will be held at the June meeting or the first scheduled meeting thereafter. (b.) At the meeting preceding the June meeting, the presiding officer shall appoint a three-person nominating committee from the Board membership. A chairman shall be appointed by the presiding officer for the purpose of reporting the committee's nominations to the Board as a whole. 2. Term of Office The newly elected Chairperson, vice-chairperson, and parliamentarian shall assume the responsibilities of their office at the first meeting following the meeting of their election. Their term of office shall continue until the newly elected chairperson, vice-chairperson, and parliamentarian assume their responsibilities. 3. Elections (a.) The presiding officer shall direct the chairman of the Nominating Committee to report the recommendations of the committee. Board membership by majority vote may accept or reject the Nominating Committee report. Acceptance of the report will cause the presiding officer to request any other nominations from the floor. A rejection of the report by majority vote will open nominations from the floor. -10- Section VI. ( b. ) A board member, except those in nomination, may make a motion to close nominations for chairman, vice-chairman, and parliamentarian at any point in the nomination process. (c.) The vote shall be by ballot, except when a motion has been made with second for a unanimous ballot. A unanimous ballot vote shall be by roll call. c. Duties: The duties of the officers shall be as usually attached to such offices and, in addition thereto, such further duties as may be designated from time to time by the members of the Advisory Board. D. Succession 1. At every meting the Chairman is present, he shall act as presiding officer. 2. In the Chairman's absence, the Vice-Chairman shall act as presiding officer. 3. In the absence of both the Chairman and Vice- Chairman, the Parliamentarian shall act as presiding officer. 4. In the absence of the Chairman, the Vice-Chairman, and the Parliamentarian, the Advisory Board is authorized to select a temporary chairman. E. Vacancies: 1. Vacancies in the offices may be filled for the unexpired term by a majority vote of the members of the Advisory Board at any regular or special meeting. 2. Notice shall be provided to the members that an election will be held. 3. Each officer shall hold office until his successor shall have been duly installed. COMMITTEES A. The Chairman will appoint the following . standing -11- Section VII. committees and such other committees as the business of the Advisory Board may require, by and with the consent of the Board. B. The standing committees shall be: 1. Bylaws AMENDMENTS TO BYLAWS These Bylaws may be amended, repeals, or new Bylaws adopted by affirmative vote of six (6) of the Advisory Board members voting at any regular meeting of the members; provided that: notice of amendment, or repeal of proposed Bylaws and the nature thereof has been submitted to the Board at least one regular meeting previous to the meeting at which said amendment, repeal, or proposed new Bylaws are to be presented for consideration. Section VIII. Disqualification A. Contractual Matters: When any member is a party, directly or indirectly, to any contract with the Board, the Provision of 1968 PA 317, Being MCLA 15.321, MSA 4.1700 (51), shall apply. (A copy of P.A. 317 of 1968 is attached as addendum No. 1 to these Bylaws.) B. Non-Contractual Matters: Any member of the Human Resources Advisory Board having a direct or indirect financial interest in any matter before the Board; who may stand to gain or lose financially or otherwise, due to action of the Board on any matter; or who shall be related by blood or marriage to a person having a proprietary interest in any matter before the Board shall indicate such interest or relationship to the Board, and shall be disqualified from voting on such a matter. -12- ADDENDUM NO. 1 (No. 317] AN ACT relating to the conduct of public servants in respect to contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts. The People of the State of Michigan enact: 15.321 Public servants; contracts; definition. (M.S.A. 4.1700(51)] Sec. 1. As used in this act: (a) "Public servant" includes all persons serving any public entity, except member of the legislature and state officers who are within the provisions of Section 10 of article 4 of the state constitution as implemented by legislative act. (b) "Public entity 11 means the state including all agencies thereof, any public body corporate within the state, including all agencies thereof, or any non-incorporated publ_ic body within the state of whatever nature, including all agencies thereof. 15.322 Contracts prohibited. (M.S.A. 4.1700(51)] Sec 2. (1) No public servant shall be a party, directly or indirectly, to any contract between himself and the public entity of which he is an officer or employee, except as provided in section 3. ( 2) No public servant shall directly or indirectly solicit any contract between the public entity of which his is an officer or employee and (a) himself; (b) any firm (meaning a co-partnership or other unincorporated association) of which he is a partner, member or employee; (c) any private corporation in which he is a stockholder owning more than 1% of the total outstanding stock of any class where such stock is not listed on a stock exchange or stock with a present total market value in excess of $25,000.00 where such stock is listed on a stock exchange or of which he is a director, officer or employee; or (d) any trust of which he is a beneficiary or trustee; nor shall he take any part in the negotiations for such a contract or the renegotiation thereof or amendment thereto or in the approval thereof; a nor shall he represent either party in the transaction; except as provided in section 3. 15.323 Application of act; disclosure of interest. (M.S.A. 4.1700(53YJ Sec. 3. The provisions of section 2 hereof shall apply to all public servants who are paid for working more than an average of 25 hours per week for a public entity, but such provisions shall not apply to any other public servant; (1) if he shall promptly disclose his pecuniary interest in the contract to the official body which has power to approve the same., which disclosure shall be made a matter of record in its official proceedings; and (2) if the contract is approved by a vote of 2/3 of the full membership of such approving body without the vote of a member thereof, if any, making such disclosure. 15.324 Contracts excepted [M.S.A. 4.1700(54)] Sec. 4. The prohibitions of section 2 of this act shall not apply to: (a} Contracts between public entities; (b) Contracts awarded to the lowest qualified bidder, other than a public servant, upon receipt of sealed bids pursuant to a published notice therefor provided such notice does not bar, except as authorized by law, any qualified person, firm, corporation or trust from bidding. This subsection shall not apply to amendments or renegotiations of a contract nor to additional payments thereunder which were not authorized by the contract at the time of award; and (c) Contracts for public utility services where the rates therefor are regulated by the -13- PUBLIC ACTS 1963-No. 317. state or federal government. 15.325 Voidability of contracts; procedure; knowledge; limitation; reimbursement; settlements; evidences of indebtedness. [M.S.A. 4.1700(55)] Sec. 5. ( 1) This act is aimed to prevent public servants from engaging in certain activities and is not intended to penalize innocent persons .• Therefore, no contract shall be absolutely void by reason of this act. Contracts involving prohibited activities on the part of public servants shall be voidable only by decree of a court of proper jurisdiction in an action by the public entity, which is a party thereto, as to any person, firm, corporation or trust that entered into the contract or took any assignment thereof, with actual knowledge of the prohibited activity. In the case of the corporation, the actual knowledge must be that of a person or body finally approving the contract for the corporation. All actions to avoid any contract hereunder shall be brought within 1 year after discovery of circumstances suggesting a violation of this act. In order to meet the ends of justice any such decree shall provide for the reimbursement of any person, firm, corporation or trust for the reasonable value of all moneys, goods, materials, labor or services furnished under the contract, to the extend that the public entity has benefitted thereby. This provision shall not prohibit the parties from arriving at an amiable settlement. (2) Negotiable and nonnegotiable bonds, notes or evidences of indebtedness, whether heretofore or hereafter issued, in the hands of purchasers for value, shall not be void or voidable by reason of this act or of any previous statute, charter or rule of law. 15.326 Existing contracts, validity. [M.S.A. 4.1700(56)] Sec. 6. If any public entity has prior to the effective date of this act, entered into any contract under which moneys, goods, materials, labor services have been actually received by the public entity, which was void or voidable under any act, charter or rule of law because of a conflict of interest on the part of a public servant at the time of the execution thereof, such contract shall be fully enforceable notwithstanding such conflict of interest by any party thereto other than such public servant. 15.327 Penalty. [M.S.A. 4.1700(57)] Sec. 7. Any person violating the provisions of this act is guilty of a misdemeanor. 15.328 Act superseded other law. [M.S.A. 4.1700(58)] Sec. 8. This act shall supersede all local charter provisions, whether incorporated in legislative acts or local charters, which relate to the matter of conflict of interest. It is the intention that this act shall constitute the sole law in this stated and shall supersede all other acts in respect to conflicts of interest relative to public contracts, involving public servants other than members of the legislature and state officers, including but not limited to subsection (3) of section 30 of Act No. 156 of the Public Acts of 1551, as amended being section 46.30 of the Compiled laws of 1948. 15.329 Repeal. [M.S.A. 4.1700(59)] Sec. 9. The following acts and parts of acts are repealed: Year Public Section of act Act No. numbers 1895 3 6 of chapter 5 1895 215 16 of chapter 5 1931 325 172 1955 267 969 1966 317 15.330 Effective date. [M.S.A. 4.1700(60)] -14- Compiles Law sections ( 1915) 65.6 85.16 750.122 340.969 15.161 to 15.122 PUBLIC ACTS 1968-No. 317. Sec. 10. This act shall take effect September 1, 1968. -15-