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TO: Gerald W. Graves, Mayor, City of Lansing
FROM: Jacqueline Warr, Human Resources Director DATE: May 16, 1979
SUBJECT: Memorandum: City oard--------Rules Of Procedure
Please find attached the current Bylaws of the Human Resources Advisory
Board. These Bylaws were approved by the Board in July 1978, reviewed
by the City Attorney and filed with the City Clerk. A new Bylaws Committee
will be formed for fiscal year 1979-80 and the only change contemplated at
this time is the time of the meeting.as some of the Board members are in
favor of moving the meeting time up from 7:.30 p.m. to 7:00 p.m. If this
change is made a new copy will be filed with the City Clerk.
JW:ms
Enclosure
RECEIVED
,AY i 71979
MAYOR'S OFF;CC
CITY OF LANSING
/4 J
a
nr
As Approved
July 1978
BYLAWS OF TIE LKiSING CITY HUMAN RESOURMS
ADVISORY BOARD
OUTLINE
Section I. NAME
Section II. PURPOSE
Section III. ME4BERS
A. Res-oval 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 h�etings
E. Closed Meetings
F. Emergency Meetings
G. Minutes
H. Quorum
I. Rules
J. Order of Business
K. Voting
Section V. OFFICERS
A. C rposition
B. Election and Tenn of Office
C. Duties
D. Succession
E. Vacancies
Section VI. COMITTEES
Section VII. AMENDMENTS TO BYIAWS
Section VIII. DISQ[TALIFICATION
A. Contractual Matters
B. Non-Contractual Matterg
July 1978
BYLAWS OF THE LANSING CITY HUMAN RESOURCES
- ADVISORY BOARD
Section I. NAME
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 using Comity Development funds and
make recommendations endations 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 vis:_t to programs,
or projects, using C muznity Development funds for the purpose of providi;Qg a
brief oral, or written, report to the Board. '
Section III. VERB
The Advisory Board shall be composed of eight citizens appointed pur-
Suant_to Chapter 2A of the Code of City Ordinances as amended, or as re-enacted.
A. Removal fran Office
1. Grounds: Members of the Advisory Board shall be reconr
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 Citv Ordinances and City C11arter.
Section IV. M MTI1iGS
A. Yeetings Open to the Public:
1. All meetings of the Advisory Board and Committees
at which a quoriun 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 Sections J(b) or J(k) belcw.
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 7:30 p.m. at the Washington Square
City Hall Annex. The meeting shall adjourn by 11:00 p.m.
2. Exceptions to the regular meeting date and place shall be
at the discretion of the Chairman.
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3. . All Advisory Board members shall receive prior
written notice of each regular meeting and all
pertinent materials pertaining to that meting
at least five (5) working days before the date
of said meting, Mess exceptions are allowed by
the Board Menbers.
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, tines, 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 Cannittees 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 ors 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.
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July 1978
c. Board members nmst receive written notice and
all pertinent materials pertaining to that meting
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 mre than thirty-six (36) hours
may not be reconvened unless the eighteen (18) hour notice
required for rescheduled or special mc-et.i.ng is observed.
E. Closed M-eetings:
1. The Advisory Board or Camuttees may convene neetings
closed to the public for purposes of deliberation only.
Decisions which derive from deliberation at closed meetings
shall be made at a meting 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 cc n-plaints or charges brought against, a
public officer, employee, staff manber, 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 agreemnt 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 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.
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July 1978
e, To review the specific ccntents of an application for
employment or appointment to a public office when the
candidate requests that the application remain con-
fidential. However, all interviews by the public body
for employment or appointrmnt to a public office shall be
held in an open meeting pursuant to this act.
f. To consider material exempt from discussion or disclosure
by State or federal statute.
2. Me procedure which shall be followed for calling a closed
meeting is: ,
a. A majority roll-call vote is required for a closed neeting
whose purpose is stated in "Closed Meetings," in Section 1,
Subsection a. and b. above.
b. Six (6) affirmative votes are required for a closed
meting 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
e
membership of the Advisory Board decide that delay would be detri"-
mental to efforts to lessen or respond to the threat.
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July 1978
G. Minutes:
1. Minutes of all meetings of the Advisory Board and Corrmittees
shall be recorded and shall show the date, titre, place,
nvz bers present, members absent, arry, 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 Hunan 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, f= 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 dilich
the closed session was approved.
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July , 1978
H. Quortrn:
1. A quortan shall be five (5) Advisory Board members as
determined by City Charter Section 17.4.
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.
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 ocnsent of the munbers present.
J. Or&-r 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- Hearings of Delegations and Individuals
c. Minutes of Previous N,eetings
d. " Report of Cclmuttees
e. Report of Officers
f. Report of Director
g.- Ccatttnmications
h. Unfinished Business
i. New Business
j. Excused Absences
k. Hearings of Delegations and Individuals
1. . Adjoununent
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July , 1978
K. Voting:
1. Each of the Advisory Board irembers shall be entitled
to cne (1) vote on each matter submitted to the vote
of the nEnbers
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 once with the Board der
whose nay is first alphabetically; the second roll-
call vote shall ccnrence with the Board mzmber whose
name is seed 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 der of the Advisory Board may request a
roll—all vote; or
b. A written ballot may be requested is so voted by
six (6) affirmative votes of the men-bers present.
5. It shall take five (5) affirmative votes to approve
any action by the Board.
Section V. OFFICERS
A. Ccaposition:
9here shall be three (3) officers of the Advisory Board.
Zhe officers of the Board shall be Chairman, Vice-Chairman,
and Parliamentarian.
1. Chairman, Vice-Chairman and Parliamentarian shall be
elected.
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July 1978
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 Director's Secretary from the Hunan 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 further duties as
may be designated from time to time by the manbers 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-Chairm-an shall
act as presiding officer.
3. In 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 tagxwary d-iai .
9 _
July , 1978
E.• Vacancies:
1. Vacancies in the offices may be filled for the
unexpired term by a majority vote of the men hers of the
Advisory Board at any regular or special meeting.
2. Notice shall be provided to the Viers that an
election will be held.
3. Each officer shall hold office until his successor shall
have been duly installed.
Section VI. CaMITI MS
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 -Erie Board.
B. The standing com ittees shall be:
1. Bylaws
Section VII. AMEMMEVTS TO BYLAWS
These Bylaws may be amended, repealed, or new Bylaws adopted by
affirmative vote of six (6) of the Advisory Board members voting at any regular
meeting of the ors; 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: Mien 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
July 1978
B. Non-Contractual Matters; Any member of the Hunan 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
I
the Board, and shall be disqualified from voting on such
a matter.
July 1978
ADDENDUM No. I
dL
317.)
• A14 ACT relating to fhc conduct of public scr•an(s in resp_cl to contracts wNi Public
•intitie-; to provide penalties for the violation of this act; to repeal certain acts and parts
of acis; rncl to validate certain contracts.
• Tile Pcot-le of the Stole of Michitc,i easel;
1S.321 Public servants; contracts; defini6on•D, [M.S.A. f•170001))
'. Sec, 1.- As used in this act;
(a) "Public servant" includes all persons ser%-in, any public entity, escclit men►bers of
f the lerislalure and state officers who are within t!re provisions of section 10 of article •! of
(lie slate conslilution as imp!cnuntcd by le islative act.
M "Public entity" means the slate includhi^ all .azcncics thereof. any public bodv
corporate within the slate;includin, all a;cr.cies thereof. or any non-incorporated Public
bad)' within the state of whatever nature, including all agencies lhcrcoi.
15.322 Contracts prohibited, [M.S.A. 4:1700(52)) , -
Sec. 2. (1) �'o pablie servant shall be a part}•• directly or ind;rectly, to anv contract
betwcen himself acid the public entity of which he is an officer_ or ernployce. cxcep; as
provided in section 3.
(2) NO Public servant shall directly or indirectly solicit any eonlr2ct hclv.,ccn lh�
_ rzrblic cnlily of which he is an officer or emp!o.•cc and (a) liimsclf; (h) ary firm (rican-
fnC a co-partnership or other unincorporated as=ociation) of which he is a partner, member
or employee; (c) anv private corporation in which he is a s;od,:holdcr ownin7 more than 1 r,
of the total oul4zta41ng stock of am cla3s 1•: 1ere sucn stock is rot-listed oa a stock cach:an;,c
or!tact: with - presc-it total mar kcl viluc in excess of S15.a'0.0.1 %%-acre such ;tack is l;stcd
Orr slocl: exchange or-of which !;e is a director. officer or employee; or (d) anv trust of
Y.Mch lie is a beneficiary or trustee; nor shall he tyke nnv (,part in the for such
It contract or the rene�otjalion tlrcrcof or Zrrcnd:r:crt thereto or in t}a a;'-.,:oval the:cc(;
nor liall lie represent either party in the lranszction; except as pro`.idcd in seclion 3.
- 15.323 Application of act; disclosure of interest. IMI.S.A. 4.11,00(53))
Sec. 3. The provisions of section 1 }rcrcof shall apply to all public scn•ants wl:o are
-raid for worl.inr more than an avc:a,c of 25 hours per wccl: for a public entity. but such
p;ovis;ons shall not apply to a:ry other public servant: (1) if he stall pmnpily disclose his
arcunia►y interest in the contract to t!ie official body-which has power to aop:ovc the same.
rhieh .disclosure shall be ride a matter of record in its o:iicia l procced`nes; a:d (2) if
At eo:rtract is approved by a vote of 213 of ilic fu!I rrcrrbcrship of such approving body
ailhout the vote of a member tl:crcoi, if any, making-such disclosure.
15.324 Contracts excepted. 1M.S.A. -1.1700(510) •'
Sec. 4. Tlrc prohibitions of section 2 of this act shall not-apply to:
• (n) Contracts beir:cca public cnlit;cs,
(b) Contracts awarded to the iowcst qualified .binder, other than a puMie servant.
Upon receipt of scaled bids pursuant to It pul)NO.cd notice therefor provid:d such notice
dogs not bar, except as authorized by raw, any qualified person, firm, corporation or trust
(Continued on Next Page)
July , 1978
-12 _ •
�aa - PUBLIC ACTS 3962—No. 317. i
from bidding: This subsection shall Ilot apply to amcn(llncnts or rcneroGations of a eo '
tract nar to additional payments thereunder which wc-tc not, authorized by tbc'coatract a,
(be tirne of alvard; and ,
(e) Contracts for public utility services Ivhcre the rates therefor arc regulated by tic
state or federal govcmwent. ,
15.325 Voidability of contracts; procedure, I:novilcdt'e In reimburse•
mcnt; settlements; evidences of indebtediicss, [;:I.S.A. 4.1700(55)]
Sec. S. (1) This act is aimed to prevent public scn-ants from cn5aging in certz:
activities and is not intended to penalizei a
nnocent persons. Therefore, no contract sl;;ll I,r
absolutely void by reason of this act. Contracts invoking prohibited activities on 1t!
part of public servants shall be voidable only by decree of a court .of proper jurisdicticc
iri an action by the public entity, which is a party thereto, as to any person., firm, core.
ration or trust that entered into the contract or t00% any ass;prncrit thereof, Nv;th zctu_l
knowledge of the prohibited activity. In the case of the corporation, the actual knov:lcdzc
rntlst be that of a person or body finally approving the contract for the eorporatioo. M
actions to avoid any contract hereunder shall be brought within 1 year after discovery cd
circumstances suggesting a Ndolation of this' act. In order to meet the ends of justice a:v
such decree shall provide for the reimbursement of any person, fimi, corporation or tru"t
for the reasonable value of all moneys, goods. materials, labor or scr-iccs fumisbcd unlrr
the contract, to the extent that the public entity has benefited thereby. This provision sh_i,
clot prohibit the parties from arriving at an amicable settlement. •
Q) Negotiable and nonnegotiable bonds, notes or evidences of indebtedness, ivl:et5cr
heretofore or hereafter is3ucd, in the hands of purcll:!scrs for value, shall not be void or
voidable by reason of this act or of any previous statute, charter or rule of laNy.
15.326 Existing contracts, validity. P.I.S.A. 4.1700(56)]
Sec. 6. If any public entity has. prior to the effective date bf this act, entered isao an:
contract under which moneys, goods. materials, labor or services have been actually recci%-cd
-by the public entity, which was void or voidable under any act. charter or rule of laa lr
cause of a conflict of interest on the part of a public secant at the time of the ezecutici
thereof, such contract shall be fully enforceable uotl-:ithstandin- such eonfiict of i-nternt.
by any party thereto other than such public servant.
15.327 I'cnai ty. [M.S.A. 4.1 70c,(57)]
Sce- 7. Any person violating the provisions of this act is guilty of a misdantcanor.
15.328 .Act supersedes other Jaw. PVT-S.A. 4.1700(58)]
Sec: S. This act shall supersede Al local charter provisions, whalicr incorporated is
legislative acts or local charters, which relate to the matter of .conflict of interest. It it
Vic intention that this act shall constitute the sole 1a11• in this state and shall supersede s�
other acts in respect to conflicts of interest relative to public contracts, involving pubis:
servants'other than members of the legislature and state officers, including but not F.-n;'ed
to subsection (3) of section 30 of act No. 156 of the Public acts of 1351, as amcndcd
being section •16.30 of the Compiled Ja1:s of 19"8. - - -
15.329 Repeal. [M.S.A. 4.1700(59)]
Sec. 9- The following acts and parts of acts arc repealed:
Year •Public •Section' Compiled Lwr
of act Act No. numbers
sections (194S1
:.1S9S 3 6 of chapter S 65.6
199S 215 .16 of chapter S SS.16
• 1931 32S 122
195S 269 969 . 340.969
1966 317
_ - 15.161 to IS. .
15.330 ) ffcctive elate. [M.S.A. 4.1700(60)] t
See• 10. 'J7fis act shall la):e effect Septcmber 1, 1963. ' • .1
The 1d11 vnr prcprnfcrl in thw roicrnor nn Jan.• vi 1w n t•31
turnr,l 1-;• him to (1— hnuxe in %Lori, it nriGla•,(r,l (-r cn n,r Inn• nu n..•.n nl, not hnrin[ )rrrn IO-
> nc 1:71 pr,ti the
jrilrinturc hn,lnr• confinurJ In rcUlun. (Sec ISGb page 33G7.)-1:J1for.
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