HomeMy WebLinkAboutHRAdvisoryBoard-Bylaws-1977_P2 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. COIVMTTEES
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 tie Board.
B. The standing committees shall be:
1. Bylaws
Section VII. ATD�TDMMITS TD BYLAWS
These Bylaws may be amended, repealed, or new Bylaws adopted by
affirmative vote of a two-thirds majority of the members voting at any regular
meeting of the Viers; provided that: notice of ain-endment, 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. DISQTJALIFICATION
A. Contractual Platters: When any member is a party, directly
or indirectly, to any contract with the Board, the Provision
of 196E PA 317, being ;v= 15.321; MSA 4.1700 (51) , shall
apply. (A copy of P.A. 317 of 1963 is attached as Addendum
No. 1 to these Bylaws.)
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March 10. 1977
B. Non-Contractual Matters: Any ir.tuber 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.
March 10, 1977
[Na. 317.) s.
- ' A I ACC' rc]ating to lhc.conduct of public 5cnants in respcc[ {o contracts with Public
�ntitics; to p:ovidc Penalties for the violation of [])is act; to repeal ecr!:in acts and parts
of acts; and to v2lidate certain contracts. .
The 1'eop* of llrc Sfole of .3 ICUCc„
)'ubllc servants; contracts; dcfinition'D. [1 z.S,A. 4.17000M
Scc, 1. As tfsed in this act: `
(a) "PublIC SCTI'•lllt" Inclu(lcs all PCTSOIIS scr\•Ill,�, any public en[ll)•, cxcrllt mcolb',Ts of 1
the le islalurc and state officers who arc witlon tl:c pcovisions of section 10 of article 4 of
the state constitution as i,ip!mlc•ilted b)' lgislati\'C act.
(b) "Public entity" means L}:e state includi:;c a?l .a�mcies thereof, any public body
corporate wilhin the stale, includin all a cr.cics thcrcof. cr any non-incor-pDralcd public
.body %vithin the state of whatever nature• including all agencies tilcrcoi,
15.322 Contracts prohibited. [h'i.S.A. 4.1700(52))
See, 2. (1) No public servant shall be a party. directly or i:ldireclly, to any ca:Itracl
bet�rccn himself ar,d the public entity- of which he is :n officer or c,nployce, except as
providccl in section 3.
(2) ),,o public servant slir.11 d:17CCOy or i'lJircctly- solicit any conlrsc[ hctv:ccn the
Public cnlily of which lic is a6 officer or c„Iploycc end (a) hi;mclf; (h) any firm (r uw,
2ng a co-liarincrhip or outer unincorporated as=eciation) or ic?I l;e i� a PcrGlcr. merbcr
orcrnploycc; (e) anv private eo porztion in which he is a slocl:l;olocr ownin, more than 1 0
Of tllc total 011[>[andin,, Stock of ,ny C13ss Nvhcrc yoc`h stod: is ro!-l:StCd o:l a sloe':: cxcl:anye i
or slocl, will) a present total maTkci value in excess of S25.000.0:j «-;Icre 51,:ci zloc'•: is listed �
orr a s[ocl: csehance or of wh"C'D l;c is a oi.ector, officer or cmploycc; or (d) anv trust of
Y.Mcb lie is a bcncfician• or trustee; r.or wall he tyke any part ill the r.cr.ol:a':o s fc;; s::cll
z tan[rae[ or the rcnc�otiation I}lercof or Zmcnd:rcr.t t?IcrCIO or is tl e a;;,Tcval tl:crcof:
ror shall he rePresen! either Part)- in the transaction; except as prW.ided in scclion 3.
15,323 Application of act; disclosure of interest. jNTI.S.A. 4.1700(53)) �
Sce. 3. The prmisions of section 2 hereof shall apply to :,11 1) -)Iic Sen'a;:is• scl:o are
paid for \vorl:iof more than an ave-,azc of 25 Hours per v',CCl: for a public entity. but 5ucn
Provisions shall not apply to a;lv other public 5crva nt: (1) if hC shall P:0:!atly c'isclo.c his •
j> cunialy futures! in the contract to it e oH;62l body -,vl';Ch !'As PO-Xcr to aa;rovc the sarlc.
t:llieh diSClosurC shall be made a T;ratler of record in its official P:oCccc:nes; pad M if
tllc eon[raet is approved by a vote of 2/3 of the HI rle,:.bersl;ip of s:xh apProvinZ bodv
>nithou[ the vote of a member thereof, if any, making-such disclosure.
15.32fr Contracts excepted. IM.S.A. 111.1700(5,)) '
Ste. F: The prohi,litio is of section 2 of this act shall not-mpply to:
(f:) Contracts bciv:ccn public entities; _
(b) Contracts aaardcd to the iowcst qualified binder. other than a pul,lie servant. I
upon receipt of 5c31cd bid: pursua::t to a llul,115!:Cd uoticc therefor F•rovid;d such ncticc
does no[ b r, except as aulhori-cd by taw. any cua,.,NCd PCrson, firm. co;porltion or trusi i
(Continued on Next Page)
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Ma'rrh I n I Q-7 7
SSS PUBLIC ACTS ,1962—Jvo. 317. I
from bidding. This subsection shall not apply to arr.cndmerirs or rc11CrOli:_160;s of a
(rael nor to additions) payments thereunder Net.ich xl:cre not authorized lly tl:e'eon!ract 1;
the tirnc of award; and .
(e) Contracts for public utility services tivhere the rates therefor arc regulated by 1}t
state er federal government. `►'
15,325 Voidability of contracts; procedure; knowled,re; limitation; re!mburse-
rnentj settlements; evidences of indebtedness. [M.S.A. 4.1700(55)) _I
Scc. 5. (1) This act is aimed to preen, public se 'arts from engasir.g in certi3 f
activities and is not intended to penalize innocent persons. Therefore, no contract s1;;ll tf
absolutely void by reason of this act. Contracts im•o!vino prohibited actir-itics on ikr
p3rt of public servants shill be voidable only by decree of a court .of proper jurisd:c,rc�
iri an action by the public entity, Nvllich is a party thcreto, as to any person, n7n, co,},)-
ratlon or trust that. entered into the contract or lock arty assit-licnt thereof, with zete,i
knowledge of the prohibited activity. In the ca_c of the corporation, (llc actual kno.:lcd,c !
must be that of a person or body final,,., approvipg the contract for the co.T,omtioo. .•1!;
actions to avoid any contract hereunder shall be brought within 1 )•car after discover} e!
circumstances suggesting a violation of this
act. Jn order to meet the ends of justice a1 I
such decree shall provide for the reiriburscmcnt of any person, firm, torpor;tio:, Or l e t
for the reasonable value of all moncvs. Sood_. rnatcria ls. labor or scrs-iccs furnished U;.e ;
the contract, to the extent tbat the public entity has benefited tllerel_Jy. 1';lis pro•:isian
riot prohibit the parties from arriving zt an ar-nicablc settlement.
(2) Negotiable and nonnezotiablc bo:-,ds, notes or evidences of indebtedness, wl:ct!ar
heretofore or hereafter issued, in the hands of purchasers for value, shall not be void o:
voidable by reason of this act or of an}• preViolus statute, charter or rule of 1a)v.
15.326 Existing contracts, validity. P.I.S.A. 4.1700(56))
Sec. 6. If any public entity has. prior to the effecti•;e date of this act, cntcrcd i::to 'Irl:
Contract under which moncys, goods, materials, labor or services have been :cll:a!i} rcccivr?
.by the public entity. which %gas void or voidab!e under any act, charter or rule of hw 1�:-
eause of a conflict of interest on the part of a public servant at the tirlie of the ezecutica
thereof, such contract shall be fully enforccabl-_ notv:ithstaridin- such confect of JaterKt- !
by any party thereto other than such public servant.
15.327 Penalty, UYT.S.A. 4.1700(57))
Scc. 7_ Any person violating the provisions of this act is guilty of a misdc,,.canor.
15.328 .Act supersedes other Ja%v. [M.S.A. 4.1700(58)]
Scc. 8. This act shall supersede all local charter provisions, v:helhcr incorpomtcd ii
legislative acts or local charters. which rchte to the matter of conflict of interest. It it
the intention that this act shall constitute the sole law in thi; stale and shall sup 2rsccc
other acts in respect to conflicts of interest relative to public contracts, imol:i;;g pub:::
servants other than members of the lc;i_lature and state officers. ir,ci aiat; but not limited
to subsection (3) of section 30 of Act i�o. 156 of the Public Acts of 1SSt, as amend«
being section •16.30 of the Compiled Lars of 19-;3_ -
15.329 Repeal. [M.S.A. =1.1700(59)] _
Sec. 9_ The following acts and parts of acts are repealed;
Tear Public �Scctio:1- Comp ilcd r 3Ir
of act Act No. numbers sections (19-151
1595 3 G of chap ter 5 bS.6
199S 215 .16 of chapter S SS.16 1
1931 323 122 750.122
1955 269 96,9 310.969 '
1966 317 15.161 to I5-172 { .
1r.330 ) ffcctiye date. [M.S.A. %1700((.0)3 _
Sec. 10. :(-Lis act shall talc effect Scptrr,Lcr I, 19JJ.
g'ilo 1011 tr,is prcnrnrc,l•to tlln roccrnor nn Janes 1?. P.In-, nnr' nn! )Intlnr Jlccn ro
tu77'r.1 Ly ilia) t[. rl,r hnur.c In tI LIrL 1l orl�ilr,Irrl Lrcn n.r Intl• osi Jury :1. );ia, nt ::31 p.ln, rho
1r;Wnturc Ilnttlij continued In &ch0r611. (Svc I"S Jlourc Journal, pagr
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