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HomeMy WebLinkAboutHRAdvisoryBoard-Bylaws-1975 FINAL DRAFT 11/1/75 BYLAWS OF THE LANSING CITY HUMAN RESOURCES ADVISORY BOARD � o � cn Lj cif �� pr pr c-n ' O U T L I N E Section I . NAME Section II. PURPOSE Section III. MEMBERS A. Removal from Office B. Vacancies Section IV. MEETINGS A. Meetings Open to Public B. Regular Meetings C. Special Meetings D. Quorum E. Rules F. Order of Business G. Voting :. •. , .,v�f Section V. OFFICERS A. Composition B. Election and Term of Office C. Duties D. Succession •_; E. Vacancies l �t?fV �hS —rO FORM Section VI . COMMITTEES Section VII. AMENDMENTS TO BYLAWS Section VIII . DISQUALIFICATION 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 resource programs or human resources projects using Community Development funds 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. 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 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 the vacancy as defined by Chapter 2A of the Code of City Ordinances and City Charter. - 1 - Section TV. MEETINGS A. Meetings Open to the Public: All meetings of the Advisory Board shall be open to the public., and guests shall have the right to speak on recognition of the Chairman, and said guests shall. be limited to three (3) minutes, at the time provided in the Board's orders of business under "Hearings of Delegations and Invididuals," . in Section F (j) below. ` B. Regular Meetings: 1 . Regular meetings shall be held the second Thursday of each month at 7:30 p.m. The meeting shall adjourn by 11 :00 p.m. 2. Exceptions to the regular meeting date shall be at the discretion of the Chairman. 3. All Advisory Board members shall receive prior written notice of each regular meeting five working days before the date of said meeting, and receive all pertinent materials pertaining to the meeting. C. Special Meetings: Special meetings of the members of the Advisory Board may be called: 1 . By the Chairman. 2. 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. Board members must receive written notice 72 hours prior to the convening of a special meeting, inclusive of all pertinent materials pertaining to that meeting. - 2 - D. Quorum: 1 . A quorum 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. E. 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 of the members present. F. 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. Minutes of Previous Meetings c. Report of Committees d. Report of Officers e. Report of Director f. Communications g. Unfinished Business h. New Business i . Excused Absences j. Hearings of Delegations and Individuals k. Adjournment - 3 - G. Voting• 1 . Each of the Advisory Board members shall be entitled to 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 by roll-call vote. 3. Roll-call votes shall be recorded in the minutes. 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 two-thirds (2/3) of the members present. 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 and Vice-Chairman shall be elected. 2. The Parliamentarian is an elected, or appointed, officer as the Chairman chooses. 3. The Director' s Secretary from 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 July meeting for one-year terms. - 4 - 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 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, 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. 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 the Board. - 5 - 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 a two-thirds majority of the 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 Provisions 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. - 6 - s - ADDENDUM NO. x -; — •- - -•--- r --_____ -•_._.-----• ----•---___—.�-__.--•.— _ • .• a .•-• :.>; AIN ACT relating to tlic conduct of public servants in resocct to contracts e:itli Public .tntitic-s; to p:oyide penalties for 111c violr,tion of this act; to repeal ecrt2 in acts and parts of acts; cud to validate certain contracts. : . rTkc I'cot.lc nI the Sfofc of ,Mich rcn cracl; 16.32.1 Public servants; contracts; defini(ion•). See. 1. As used in this act: • (a) `Public servant" includes all persons scrim- ati}' public entity, except members of the lerisImurc and state ofiicers 'who are within t!:e provisions of section 10 of article y of ' tlic state constitution as implcmcnted by Ictislitiye act. (b) "Public entity" means ll:e state incltidinz -.!I .alter tics thereof, any public body corporate within the state, including all a;epcies thcrcof, cr aw" non-incorporated public bode witbin [lie state of whatcver n2wrc. including ail agencies thcrcof. 15.322 Contracts prohibited. [hi.S.A. 4.1100(S2)) Sec. 2. (1) No public sc:r-:rt shall be a part}•, direct!}• or i93irecil•. to nny contract be(wcen himself Arid the public Cntity of which he is an officer or e:ap]oyee, cxccp; as [provided in section 3. 1 (2) T:o public servant sliali d:recely or iadircctl}• solicit any conir2ct hctween the public entity of which he is an- ohicer or cmp!ovice end (a) himself; (ip) ar} firm (r:cas:- inr a co-partnership or other vuincorjporatcd zs=ociat:on) of trlikh Le rs a p.rtncr. memib- cT Or cmployee; (e) env priv;:te corporation in which he is a stocl:ho!d:r ov niciz .Wore than of ills Mal outstanding stock of Znv eta"s; where such stool_ is p.ot•listcd on : stock cxchan;c .-orslocl. v:M) a present total market value in excess of S25_Cv0.03 w:pere such ;tact: is listed Orr a slocl. exchance or of V.-Inch he is a director. officer or e:ployce; or (a) any trust of 104cl► lie is a bcneficiary or tru:ece; nor shall he thke any part in the c t:: n:clr .a Contract or the renegotiation thcrcof or 2mcndn.ent Lhc-CtO or in1:e t :,;;,;oval thereof; clog shall lie represent either party in the transaction; except as pro,.-ided in section 3. 15,323 Application of act; disclosure of interest. [Ai.S.A. 4.1700(53)) Ste. 3. The pros-isions of sectioa 2 hereof 5'.1311 apply to :,]1 public mvants lcl:0 are "paid for Nvorhinr more than an avera.c of 25 hours per � eek for - 1pub!ic entity• but suca I prov;sicias shall not apply to a;iv ether public servant: (1) if he s!»ll promptly Ci;clo;c his , tp:cuniaiy interest in the contract to the official bod, 'which has poser to appmvc the same. t:llich disclosure shall be glade a matter of record in its oiiicial p:ocecd:nes; a.d (?) if the contract is approved by a rote of 2/; of the full mcr bcrsirip of such zpp raying body Rilhoui the Vote of a member thcrcof, if in)-. making.scch disclosure. 15.324 Contracts excepted. [AT.S.A. +.1700(54)) - _+ See. /: The probibitions of section 2 of this act sliall not'app ly to: • W Contracts bety.-cm public entities - (b) Contracts a--arded to the ioscst qualified bidder. other than a pul,lic servant. Upon receipt of sealed bids pursuay..t to a pub!is!:ed notice therefor provid:d such notice dots not bar, except as authori:cd by jaw. any qualified person, firm, corporation o; trust (Continued on Next Page) -553 PUBLIC 1`m J9,3—No.317. r from bidding- This subsection shall not apply to arr:endmcnis or rener,otialio,^.s of a tract nor to additional payn)ents thereur.cier w1hich v:cre not authorized by the'eontraet t; the time of award; and ; (e) Contracts for public utility services v.-here tilt rates therefor are regulated by t}t state cr federal govcmwmt. 15,325 Voidability of contracts; procedure; l:notvlcd;;c; limitation; reimburs.- t ment; settlements; evidences of indcbtedncss. ;. .Sce. S. (1) This act is aimed to prevent public servants from engaging in ccrt�i] activities and is not intended to penalize innoccat persons. Therefore, no contract sl;all I.:absolutely void by reason of this act. Contracts involving prohibited activities oa thr part of public servants shalt be voidable only by decree of a court .of proper jurisdic5c: ki an action by the public entity, which is a party thereto, as to any person, firm, eoryJ• .� ration or trust that entered into the contract or took any assignment thereof, with zcte_i knoz+•ledge of the probibited activitj•• In the case of Ole corporation, tl:e actual knor:lcdzc must be that of a person or body final, '}• zpprovirg the contract for the co.T,omtioa. atl actions to avoid any contract hereunder sliall be brought within I year after discovery c•1 circumstances suoI-estirg a xiolation of this act. In order to meet the ends of justice z v - such decree shall provide for the reimburscmeat of any person, fimi, corpora tion or (n!.t for the reasonable value of all more S. good;• rnatcrals- labor Or scrx-iccs furnished ur2rr the contract, to t1:e extent that the public entity has benefited thereby. This provision riot prohibit the parties from arri\-irs at an ::r.'iicable settlement- (2) Negotiable and nonrezotiable bonds, notes or cN,idcnces of indebtedness. %v1:c;5cr heretofore or hereafter issued, in the hands of purcb2scrs for value, shall not be void or voidable by reason of this act or of any previOUS statute, charter or nlle of law, 15.326 Existing contracts, validity. U.I•S A• 4.1700(5G)) Sec. 6. If any public entity has. prior to tl:c effective date of ttrs act, entered into 5n: contract underm-bich moneys, good;- materials, labor or services have bcerl neurally received' by the public entity, which ups void or �oidablc under any act, charter or rule of lap• l�- cause of a conflict of interest on the part of a public servant at the tine of the execution thereof, such contract shall be fully enforceabl_- uohrithstanding such conflict of iatcr:Kt" ' by any party thereto other than such public servant. 15.327 Penalty. [M.S.A. 4.170u(57)) Sec. 7. Any person -violating the provisions of this act is guilty of a misdemeanor. 15.328 "Act supersedes other laNv- [M.S.A• 4.1700M)) Sce: S. This act shall supersede all local charter prmisions, s:het};cr incorpor".ted i. ktislatnre acts or local charters, whicll relate to the matter of conflict of interest. Tt it the intention that this act shall constitute the sole I.-W in this state and shall supersccc other acts in respect to conflicts of interest relatire to public contracts, im•olvirti l:ahti- ser'antsbther than members of the lecislature and state officers, including but not to subsection (3) of section 30 of Act i\o. 156 of the Public acts of IsSI, as ameadcS being section •16.30 of the Compiled Laws of 19-1,8_ - - • - 15.329 Repeal. (A'i-S.A, d.1700(59)) • ' Sec. 9. The following acts and parts of acts are rcpcaled: Year Public �Scclio.f Compiled La« of act Act No. numbers sections (19451 , 1995 3 6 of chap to S 65.6 199S 715 .16 of chapter S SS.16 1931 323 122 7S0.122 195S 269 969 - . 3.30.969 1966 317 - 15.161 to 15.17: 1 15.330 ) ffcctive elate. [M.S-h. 4.1700(GO)) _ Sec, 10. "This ael 511,111 take effect Scl)tcniber 1, 19,63. •� Vic- 1I11 Icar prerrnte to (l— ro%crnnr nn Junes 1n- IwoP•tn., nnr! not l nvtn i (urnrtl 1•.• Lim to thr- Lnuxr In t.hlrl- It nFlril lrJ 1•rcnn n I:..v n�. Jury :�, C ) ren to- 1 1rjl,lnturc hnitnr eonlipUcd !n ►csiluu. ($cc• )SGS )lnur.c Journal, part 1JG).•—):Jltor.