HomeMy WebLinkAboutHDAB_RulesOfProcedureAndBylaws BYLAWS AND RULES OF PROCEDURE -
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THE HOUSING AND REDEVELOPMENT ADVISORY BOAAp' "
CITY OF LANSING
I. MEETINGS -
Regular Meetings - Meetings of the Housing and Redevelopment
Advisory Board will be held the 4th Tuesday of every month
at 7 :30 p.m. in the 3rd Floor Conference Room, Washington
Square Annex, 119 N. Washington Square ; except when a meeting
date is on, or near, a holiday, the Board may set another date
for this meeting. This change of a meeting date should be
determined at a regular or special meeting of the Board.
Special Meetings - Special meetings shall be called at the
request of the Chairman, or by three members of the Board.
Notice of special meetings shall be given by the Secretary,
in writing, to the members -of the Board at least forty-eight
hours prior to said meeting and shall state the purpose and
time of the meeting.
Pursuant to Public Act 267 of 1976, meetings shall be open
to the public , and the public shall have a reasonable oppor-
tunity to be heard.
Notice - In accordance with the requirements of Public Act 267
of 19761 the Secretary shall post all of the following notices
in the Third Floor Conference Room of the Washington Square
Annex, 119 N. Washington Square, and the City Clerk ' s Office,
the Housing and Redevelopment Department Reception Area,
Approved 7/26/77
r ,
the City Council Reception Area, and the bulletin boards in
the lobby of City Hall :
A. Regular Meetings - Initially within ten (10) days after
the March, 1977 meeting and thereafter within ten (10)
days after the July meeting, the Secretary shall post
a public notice stating the dates , places and times of
the Board ' s regular meetings . If there is a change in
the regular scheduled meetings of the Board , the Secre-
tary shall post a public notice within three (3) days
after the meeting at which the change is made, stating
the new dates , times and places of the regular meetings .
B. Rescheduled , Recessed, or Special Meetings --- In the
event an individual regular meeting is rescheduled or a
special meeting is convened , or a regular meeting is -
recessed more than thirty-six (36) hours, the Secretary
shall post a public notice stating the date , time and
place of the meeting at least eighteen (18) hours in
advance of any such meeting. All public notices required
to be posted in Section A and this section shall contain
the Board 's name , and the address (3rd Floor, Washington
Square Annex, 119 N. Washington Square , Lansing, Michigan
48933) and telephone number of the Housing and Redevelop-
ment Department .
Quorum - All business transacted by the Board shall be conducted
at a meeting when there is a quorum present . A quorum shall
consist of at least five members of the Board . Any items or
business coming before the Board shall be approved , only, by the
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affirmative vote of at least five members of the Board .
Whenever a quorum of five is not present at a regular or special
meeting, those present may adjourn the meeting to another day
or hold the meeting for the purpose of considering the matters
that are on the agenda. No action taken at such a meeting
shall be final or official unless , and until, it is acted upon at
a subsequent meeting at which a quorum is present.
Disqualification -
Contractual Matters : When any member is a party, directly or
indirectly, to any contract with the Board, the Provisions of
1968 PA 3.17 , 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) .
Non-Contractual Matters : Any member of the Housing and Re-
development 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.
Attendance : Board Members shall regularly attend all Board
Meetings . In the event a Board Member is absent (unexcused
absence only) from three consecutive regular meetings or
25 per cent of all Board Meetings during a year without a
substantial reason, the Board may by a vote of at least five
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members of the Board, recommend to the Mayor and City Council
that the subject Board Member be removed from office .
Excused Absence - An excused absence shall be for a substantial
reason. A member of the Housing and Redevelopment Advisory
Board shall request an excused absence by contacting, either,
the Chairman or the Secretary of the Housing and Redevelopment
Advisory Board, prior to the meeting in question. Approval of
a request for an excused absence shall be determined by the
Housing and Redevelopment Advisory Board. All other absences shall
be considered as unexcused absences .
II. ORDER OF BUSINESS -
Agenda - The Secretary shall prepare an agenda for each meeting.
The agenda shall be mailed, or hand delivered, to each member at
least forty-eight hours prior to the meeting. The order of business
shall be as follows :
1. Roll Call
2. Minutes of Previous Meetings
3 . Hearing of Delegations and Individuals
4. Reports of Committees
5. Report of Officers
6. Report of Director
7. Communications
8. Unfinished Business
9 . New Business
10. Excused Absence
11. Hearing of Delegations and Individuals
12 . Adjournment
Individuals desiring to speak under "Hearings of Delegations and
Individuals" are limited to a three (3) minute time limit, unless
such limitation is waived by the Board.
The Agenda for each Board Meeting shall be posted by the Secretary,
at least eighteen (18) hours prior to each meeting, at the locations
at which the public notice of the meeting is posted.
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III. ORGANIZATION AND ELECTION OF OFFICERS -
Election and Terms of Office - The Board shall, at its initial
organizational meeting, elect (from among the voting members)
a Chairman and Vice Chairman. The term of office for the
initial Chairman and Vice Chairman shall commence immediately
upon their election and shall terminate at the close of the
first meeting (regular or special) in July of the following
year. Thereafter, the Board shall, at the first meeting
(regular or special) in July, elect (from among the voting
members) a Chairman and Vice Chairman. The Chairman and
Vice Chairman, elected, shall each hold his term of office for
one year. The term of office , for the Chairman and Vice
Chairman, shall commence immediately following the close of
the meeting. The Housing and Redevelopment Director shall be
ex-officio Secretary of the Board . All elective officers are
eligible for re-election; however, a Housing and Redevelopment
Advisory Board Member shall not hold the office of Chairman .
for more than two consecutive years, and a Housing and Redevelop-
ment Advisory Board Member shall not hold the office of Vice
Chairman for more than two consecutive years.
Vacancy of Office - In the event the office of the Chairman
becomes vacant, the Vice Chairman shall become Chairman of the
Board for the unexpired term. In the event the office of Vice
Chairman becomes vacant, the Board shall select a successor to
the office of Vice Chairman for the unexpired term.
Duties - The Chairman shall preside at all meetings and perform
such other duties as may be ordered by the Housing and Redevelop-
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• r,
ment Advisory Board. In the absences of the Chairman of the
Board, the Vice Chairman shall act in the capacity of the Chair-
man. The Chairman shall appoint all committee members, for a
term of one year, and shall designate one member as Chairman.
The Chairman may reassign, remove or redesignate committee members,
and committee chairmen, when at the discretion of the Board
Chairman, the situation requires it, provided such action is
confirmed by at least five members of the Board, The Chairman
may appoint such special committees that are necessary to make
an effective body of this Board and to expedite certain functions
of this Board.
IV. AMENDMENTS IN RULES OF PROCEDURE -
Amendments in the rules of procedure may be initiated by any
member of the Housing and Redevelopment Advisory Board by
presenting the Amendment (s) , in writing, at any regular meeting
and voted upon at the next regular meeting, All Board Members
must be notified of such amendment (s) , by mail, at least five
days before voting upon the Amendment (s) . The affirmative vote
of at least five members of the Board shall be required to
amend the rules of procedure.
V. In all matters of procedure, not covered by these rules, or
by the provisions of the City Charter, or City Ordinance No. . 388,
the provisions of "Robert 's Rules of Order Revised" shall pre-
vail.
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1' AN ACT relating to the conduct of public servants in respect to cont r,ets wilII Public
intRics; to 1)ro\•idc penalties for the violation of (iris act•
•, to repeal ccrt:,•) acts and Ports
' ' � ' • _ of acts; and to �•alidatc Alcontracts. � •
The 16plc of Ilrc SIali o/ Hicl••itcr: enact:
15.321 lie its• coniracls• d ,1
• i Tub ecru rr cfinition-9. [M.S.1 700(sl)} ,
- - . ' . �' • � - Scc. 1. As used in this act: -
• •'• t. (a) "Public sel-vint." includes all persolls ser•111; art\' public clitlly, cxcr)t rncnlbers of
the lctislaturc and Mao officers who arc within the pro\•Nons of s aw, 10 of article 4 of
' the state constitution zs'imp!cnunled by !Qlatiec act•
(b) "Public entity" means the state inchlW; all aeer,cfes thereof. all). u-blic body
corporate t\•ilhin the state, including all 2gencfes themof. an any non•ir•corporatcd public
- body x\-ithfn the stale of VdmI \•er nature, including all agencies (hereof•
• i.
1022 Contracts prohibited,' [11.S-/1,,4.I700(52))
• Sec. 2, (1) i\o public servant shill-be a p2dy, directly or indirectly- to nny contract
between himself and the Public entity of which ee is an officer or elr.p!oycc. cxccpt is
Provided in section 3. 1
• (2) No public servant shall directly or indirectly solic any cont
I
ract b:hvccn the
•• public entity of which he is an officer or cr)p!l;.,:ee end (a) himself; (1)) any firm Scan-
?ng n eo•partncr_hip or other unincorporated as=eciation) of .;lrich },•e is a p]rtncr, nlcrober
t. Or employee; (c) any private corporation in w1ach he A a stockholder o; ulz more than I
of the 10t,11 ou(star•din; stock of any etas; where smh swd: is r.c!-lslcd on a sto;: cxchan:•c
• or stock �\•ith a p` >
re_c l total, rnnikct value in excess of a2.i.COLD \\•acre 5=h =feel: is KAd
: Gil a Slott: exch3lige or'of whtch lie is a dircUnr• dfkcr or em.p,o c^_; or (d) .'.;1\' trust Of
,. Y:llic)l lie is a beneficiary or truitrc; nor shall he take ant' p3rl 1l) the L;"G!:a•.:Gat (UC sl:Ch k
• t eontri+ct or the reicroliation thereof or 2mcnda:cr,t thereto or in the-a;!;i;o\al thcrccf:
stall he represent either party in (Etc transaction; except is Pro:idcd in section 3.
15,323 QlAication of act; disclosure of Korea. [AT.S•A. 4.10003))
- - Sec. 3. 'flit pro\•isions of section 2 hereof s'•lall .pill\• to all public- scrvar:ts who are '
• raid for :orLir); more mall an a\•cragc of 25 hours per \\ccl: for a tn:b'ic toff(\• but such
Provisions shall not Willy to a;ry other public senint: (1) if lie shad ra-mi)tt-.• disclose his
t>:ctniaiy interest fn the contract to Me OWN! l:od•: \`}K has poi cr to an,covc the 5amm
t•:hicli disclosure shall.bc nl3dc a mauer of record irk its official Procccd:rics: and (2) it ,
• i the co:hire( is nppro.•cd by a vote of 213 of IN full membership of sych approving body
Without the s•ote of a Member thereof, if any, nlakir• nail disclosure,
. 15,32", Contracts cxccplcd. [r,f•S.11, �.I�UO(5 }) - , • P 1
• Scc. 4. The prohibitions of section 2 of (his act shall not apply to:
• ' ' (r:) Contracts bcil•:ccn pvrb!ic entities: -
•
(b) Contracts awarded to the io-cst qualified biWo other than a P-_}yfc sclvant.
open reeeipl of scaled bids pursuant to a WHOM notice therefor provided such nclice
does not bar, except as authorizcd by ta\\•, any dualificcl person, firm, co:porl!icia or trust
• 558 PUBLIC ACTS �968—No. 317.
i
from bidding. This subsection shall not apply to amendments or rencgotiaLions of a Co,
• tract nor to additional payments thereunder which were not. authorized by the'conlracl i;
the time of award; and
(e) Contracts for public utility services vrhere the rates therefor are regulated by tl:t
stale or federal government. i.
15.325 Voidability of contracts; procedure; knowledge;.limitation; reimburse. 1
ment; settlements; evidences of indcbtcdncs•G, [M.S.A. 4.1700(55)]
Sec, 5. (1) This 'act is aimed to prevent public servants from engaging in certai:
activities and is not intended to penalize innocent persons. Therefore, no contract shall t.f
absolutely void.by reason of this act. Contracts involving prohibited activities on thr
part of public servants shall be voidable only by decree of a court of proper jurisdic;iea
in an action by the public entity, which is a party thereto, as to any person, firm, Corp.).
ration or trust that entered into the contract.or look any assignment thereof, with zcte l '
knowledge of the prohibited activity. In the case of the corporation, the actual knov:led,c '
must be that of a person or body final]-,- approving the contract for the corporation. .III
actions to avoid any contract hereunder shall be brought witiun 1 )'car after discovery of
circumstances suggesting a violation of this act. In order to meet the ends of justice ar.r
such decree shall provide for the reimbursement of any person, firm, corporation or tru t
for the reasonable value of all moneys. goods, materials, labor or services furnished un&t
the contract, to the extent that the public entity has benefited thereby. This provision sha;
not prohibit the panics from arriving at an amicable settlement.
(2) Negotiable and nonnezotiable bonds, notes or evidences of indebtedness, whclhcr
' heretofore or hereafter issued, in the hands of purchasers for value, shall not be void or
voidable by reason of this act or of an), prcNious statute, charter or rule of law.
15.326 Existing contracts, validity. [7.�1.S.A. 4.1700(56)]
Sec. 6. If an), public entity has. prior to the effective dale of this act, entc;cd into am
contract under which moneys, goods. materials, 1 abcr or ser ices have been aclnally rercivcd
-by the public entity, which was void or voidable under any act, charter or rule of lay; he•
cause of a conflict of interest on the part. of a public servant at the time of the esccution
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.
i
15.328 Act supersedes other law. [M.S.A. 4.1700(58)]
Sec. 8. This act shall supersede all local charter pro%isions, whether incorporated in
legislative acts or local charters, which relate to the matter of conflict of interest. It.
the intention that this act shall constitute the sole law in this stale and shall superscdc._`i'
other acts in respect to conflicts of interest relative to public contracts, invol,-ing publi, '
servants other than members of the legislature and state officers, including but not limit
to subsection (3) of section 30 of Act No. 156 of the Public Acts of 1851, as amended
being section •16.30 of the Compilcd Iaws of 19.18. i
15.329 Repeal. [M.S.A. 4.1700(59)]
Sec. 9. 'lire follov.ing acts and parts of acts are repealed: !
Year PublicSection' Compiled I'aW
of nct Act No. numbers sections 09IS)
1895 3 6 of chapter 5 05.6
189S 215 16 of chapter 8 98.16
1931 329 122 750.122
1955 269 969 340.969
1965 317 15.1b1 to i:.
15.330 Effective date. 4.170000)]
• Scc. 10• This act shrill (a1:c effect Scl)tcmber 1, 1968. 'r• : •'
quo Llll ern■ Prrnrnfrrl In ILn Korernor nn Jnnr 1�, 1!GIt nl 237 min.. nnrl lint hnllne heen•re-
lurnnl b.' l lnr to tlir' linu.r In ++61rir 11 orl6witrd Lrrmml, In+e nil Jul)* U, IUG't, nt 2:31 P.In,• (lye
. 1rllFlnturc hn1,11g continued In giculon. (Svc Jlnutio Journal, Pnr.c 3JG1,•—):Jltor. 1}}}
• •. .. •. .. .,• ,' •.• .• '. • ' •• •- ,• .- •. .i•f r _1• •. ..•gyp• •' -• •'