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HomeMy WebLinkAboutHRAdvisoryBoard-Bylaws AS APPROVED OCTOBER 1979 BYLAWS OF THE LANSING CITY HUMAN RESOURCES ADVISORY BOARD OUTLINE Section I. NAME Section II. PURPOSE Section ITI.: IvUIBERS A. Remval from Office B. Vacancies Section IV. P=INGS A. ' Meetings Open to the Public B. Notice of Meetings C. Regular Meetings D. Rescheduled, Special, or Recessed Meetings E. Closed . Miertings F. Emergency Meetings G. Minutes H. Quorum I. Rules J. Order of Business K. Voting Section V. OFFICERS A. Con-position B. Election and Term of Office C. Duties D. Succession E. Vacancies Section VI. COMMITTEES Section VII. P2M=P-'IE<VTS TO BYLAWS Section VIII. DISQUALIFICATION A. Contractual Matters B. Dion-Contractual Matters October,1979 BYLAWS OF THE LANSING CITY HUMAN RESOURCES ADVISORY BOARD Section I. NA4E The name of this 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 der 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 pur- Cuant: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 recom- mended for removal upon missing three (3) consecutive regularly scheduled Advisory Board meetings unless such absences are excused for good reason as determined by the Chairman. 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 Ci'c 7 charter. - 1 - October, 1979 Section IV. 2=INGS 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 Chairman, 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 Sectionp J(q) or 7(1) 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 meetings shall be held on the Second Thursday of each month at 7:00 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 Chairman. - 2 - October, 1979 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 at which the change is made. D. 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. - 3 - October, 1979 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 r by the Board members. 3. Any meeting recessed for mre than thirty-six (36) hours may not be reconvened unless the eighteen (18) hour notice required for rescheduled or special meeting is observed. E. Closed Meetings: 1. The Advisory Board or 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 hearing. 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 purc'_zase 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 settle- ment strategy in connection with specific pending litiga- tion, but only when an open meeting would have a detrimen- tal financial effect on the litigating or settlement position of the public body. - 4 - October, 1979 e, To review the specific contents of an application for employment or appointmnt to a public office when the candidate requests that the application remain con- fidential. Haaever, all interviews by the public body for employment or appointment to a public office shall be held in an open meting pursuant to this act. f. To consider material exempt from discussion or disclosure by State or federal statute. 2. The procedure which shall be followed for calling a 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 metings 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 detri- mental to efforts to lessen or respond to the threat. - 5 - October, 1979 G. Minutes: 1. Minutes cif .all meetings of the Advisory Board and Committees -shall be recorded and shall show the date, time, place, members present, members absent, arrr. 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 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 wizich the closed session was approved. 6 - October 1979 H. Quorum: 1. A quorum shall be five (5) Advisory Board members as determined by City Charter. 2. The SeciFetary 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 lbbertIs 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 Chairmen. 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 of Delegations and Individuals m. Next Scheduled Meeting (Date and Location) n. Adjournment. - 7 - October, 1979 RM K. Voting: 1. Each of the Advisory Board mnbers shall be entitled to c e (1) vote on each matter submitted to the vote of the members. r 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 ccmrence with the Board member whose name is first alphabetically; the second roll- call vote shall cum-ence 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 is 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. Section V. 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. - 8 - October, 1979 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: The officers of the Advisory Board shall be elected at the regular May meeting for one-year terms. C. Duties: The duties of the officers shall be as usually attached to such offices and, in addition thereto, such furti-ier duties as may be designated from time to time by the members of the Advisory Board. D. Succession 1. At every meeting 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 absence of both the Chairman and Vice-Chairman, tine 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. - 9 - October, 1979 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. Section VI. COMMITTEES A. The Chairman will appoint the following standing committees and such other committees as the business of the Advisory Board may require, by and with the consent of t-ie Board. B. The standing committees shall be: 1. Bylaws Section VII. AMENDMENTS TO BYLAWS These Bylaws may be amended, repealed, or new Bylaws adopted by affirmative vote of six (6) of the Advisory Board 1TLe gibers voting at any ra ular 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.) - 10- October , 1979 a. 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. - 11 - October-, 1979 J • •. r • . [No. 317.3 A14 ACT relating to the conduct of public servants in respect to contracts V.ith Public [ntitics; to provide penalties for the violation of this act; to repeal ecria in acts and parts of acts; and to ralidatc certain contracts. . the pcot-lc o/ 111c Stc1c o/ Mich;rcn Cnoct: 15.321 )'rrblic servants; contracts; dcfinitiony). [M.S.A. 4.1700(51)] Ste. 1.- As used in this act: (a) "Public !�Cr•..mt." includes all per5ons scrviir- any public Cntity, CCCrpt mcnibcrs 01 the legislature and slate officers who arc within 0.c provisions of section 10 of article 4 of the state constitution as impleniontcd by lq-islatiye act. (b) "Public entity" means 11!e state including all .agencies (hereof, any public body • corporate wilhin the stale, including all a;cncies thereof. or am non-incorporated public Lody sti'ilhin the state of n'hatcvcr nature, including all agencies lhcrcof. 15.322 Contracts prohibited. [M.S.A. /.J700(52)) - Sec. 2. (1) N'o public sc:ryant shall be a party- directly or indirectly, to :Inv contract belwml himself a:rd the public cnti'_y of which he is an officer_ or employee. cxccp; as provided in section 3. (2) ? o public servant sl;all directly or indirectly solicit any contract hctv:eerr the public entity of which he is art officer or employee and (a) hiimelf; (b) c.r•y firm ing a eo-partnership or other unincorporated as=ociation) of which l;c is a partncr..mcr her or employee; (c) anv private corporation in which he is a s,ocl:holcier ownin_ more than 1 • of the total Oulztanding stock of an), CI3S3 1CI:C(C SUCn StOCI. is net-lislcd 0:1 a S(OC'a C[C1 _ or stock will) a present total market value in excess of S25.CO0.03 «acre suci: stock is listed orr a stocl: cschanee or of which l;c is a uirector. officer or employce; or (d) any trust of (:Lich Lc is a bencEiciar or tru_tcc-. nor Snail he thke any part in the rcr.otia'ioic for s::Ch a Contract or the renegotiation lhcrcof or amcndn:cnl thereto or in the a;,;,roy:l t' crcef; nor shall lie represent. either party in the transaction; cxccp( as pro%idcd in section 3. 15,323 Application of act; disclosure of interest. IMI.S.A. 4.1'00(53)] Scc. 3. The proyisiens of section 2 hereof shall apply to all public servants -%yl:o are paid for -,vorl:inF more that: an avera:e of 25 hours per -,peel: for a public entity. but such I Provisions shall not apply to airy ether public Servant: (1) if he shall pro:.^.ltl} discto_c his t treunialy interest in the contract to the official body which has pou•cr to a,�)roye the sane. Uliich disclosure shall be made a matter of record in its official hrocecci:nes; a:d (2) if the contract is sppro\•ed by a vote of 213 of the furl membership of Stich body ailhout the vote of a member tl;ereoi, if nay, 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: (r) Contracts bciv:cen public entities; ' (b) Contracts awarded to the io:ycst quallficd bidder, other then a pul,lie sen•ar.t. Upon receipt of scaled bid; pursuant to It tiublis`;ed notice therefor proyid.d such notice does not bar, except as autirori:cd by taw, any qualified person, firm, corporation or trust (Continued on Next Page) —12 _ October 1979 . a. 553 PUBLIC ACTS ,1962—No. 317. _ frorn bidding. This subscction shall not apply to ni-nen0mcn(s or rcllcrooatio ns of a co;_ _ tract nor to additional payments thcreur.der N%-hich were not. authorized by the*contract 1l the lilnc of award; and - (e) Contracts for public utility scr-viccs where the rates therefor are regulated by tit state cr federal govcmwcnt. 15.325 Voidability of contracts; procedure; knowledge; limitation; reimburse. 1' rnent; settlements; evhdcnces of indcbtedncss, [A,I.S.A. 4.1700(55)] .I See. S. (1) This act is aimed to prevent public servants fro n en;aginb in eert:a activities and is not intended to penall,-c innocent persons. Therefore, no contract sliall 1" absolutely void by reason of this act. Contracts involving prohibited activities on l`c part of public servants shall be voidable only by decree of a court .of proper junsdic,ic_ . iri an action by the public entity, which is a party thereto, as to any person., firm, eon,). ration or trust that en(cred into the contract or took any assignment thereof, Nvith zctu!i ,I knowledge of the prohibited activity. In the case of the corporation, the actual knoracdzc must be that of a person or body finally approving the contract for the co--voratioa, Al actions to avoid any contract hereundcr shall be brought within I year after discovery of � Circumstances sugge tir.h a .iolation of this act. In order to meet the ends of justice a .• - such decree shall provide for the reimbursement of any person, firm, corporation er trv,t for the reasonable value of all moneys, good_, materials. labor or scrNiccs furnished unec: the contract, to the extent that the public entity has benefi(ed thereby. This provision sF_l: not prohibit the parties from arr-Mrig at an amicable settlement. (2) Negotiable and nonnegotiable bonds, notes or evidences of indebtedness, avl:e(5cr heretofore or.hcrcaftcr issued, in the hands of purcb2sers 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 Existinb contracts, Validity. [M.S.A. 4.1700(SG)] Sec. 6. If any public entity has. prior to the effective date of this act, entered into an Contract. under which mone)-s, goods• materials, labor or services have been actually reccivcd -by the public entity, which was void or voidable under any act. charter or rule of laa• Ic- eause of a conflict of interest on the part of a public servant at the time of the execution thereof, such contract shall be fully enforceab'.e uotv:ithstanding such confect of interKt. by any party thereto other than such public servant. 15.327 Penalty. [M.S.A. 4.170U(57)] - Sec_ 7. Any person Niolaling the provisions of this act is guilty of a misdCrncanor. 15.328 .Act supersedes other law. [M.S.A. 4.1700(58)] Sec. S. This act sliall supersede Al local charter proNisions, whet}1cr incorporated it legislative acts or local charters, which relate to the mntcer of conflict of interest. It the intention that this act shall constitute the sole law in this slate and shall superscdc other acts in respect to conflicts of interest relative to public contracts, invol•.ing pub c servants other than members of the legislature and slate officers. including but not ]i.^.•iec� to subsection (3) of section 30 of Act ;\o- 156 of the Public Acts of 1351, as amend« being section 46.30 of the Compiled La+vs of 19-;8_ - 15.329 Repeal. [M.S.A. 4.1700(59)] . See. 9. The following acts and parts of acts are repealed: Year Public •Scctio:i Compiled L3« of act Act No. numbers sections (19151 1595 3 6 of chapter S -65.6 1S9S 21S IS of chapter S SS.16 1931 328 122 1955 269 969 . 340.969 19t;6 317 15.161 to 15.11: 1 1r.330 Effective date. [M.S.A. 4.1700((,0)3 i Scc. 10. Tbis act shill tal:c effect Scptcnib_cr 1, 1963. ! 71.e 1,111 %nn prenrnrrJ to 11,E rovcrnnr nn Jun. 1n. 1^C.t et r:Yl P•+n., and not 1.nvinr 1,ren to- (urnr.l 1•j Mn, to tl.n I.au-r In t.Llrb II h- nn Jn:. I4G+, At 2:31 P.1n, li.o Irltrinture I.nNlnr conlinucd In n Dreslu . (Sce 17 n 66 Iluxc Journal, parr 1JG1.;—]:Jltor. -13 - October ► 1979