HomeMy WebLinkAboutFIRE COMMISSIONERS RULES of Procedure Updated with note of Displine rules removed .Approved as to FormCITY OF LANSING | BOARD OF FIRE COMMISSIONERS | RULES OF ADMINISTRATIVE PROCEDURE
Amended and restated May 12, 2021
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Lansing Board of Fire Commissioners
CITY OF LANSING FIRE DEPARTMENT | 120 E. Shiawassee St. | Lansing MI 48933
CITY OF LANSING
BOARD OF FIRE COMMISSIONERS
RULES OF ADMINISTRATIVE PROCEDURE
AMENDED AND RESTATED MAY 12, 2021
CITY OF LANSING | BOARD OF FIRE COMMISSIONERS | RULES OF ADMINISTRATIVE PROCEDURE
Amended and restated May 12, 2021
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CITY OF LANSING | BOARD OF FIRE COMMISSIONERS
RULES OF ADMINISTRATIVE PROCEDURE
AMENDED AND RESTATED MAY 12, 2021
The following Rules of Administrative Procedure are adopted by the Board of Fire Commissioners to facilitate the
performance of its duties and the exercising of its responsibilities in its advisory capacity as set forth in Section
5.105 and 5.106 of the 1978 City Charter, and in exercising its additional responsibilities as set forth in Section 5-
401 of the 1978 City Charter.
1.APPOINTMENT OF BOARD MEMBERS
1.1 Each Member shall be an officer of the City and shall possess the qualifications required by the
1978 City Charter for holding office (5-103.1). Throughout these rules, Board Member, Member
and Commissioner may be used interchangeably.
1.2 Members of the Board shall be appointed by the Mayor with the advice and consent of the City
Council (5-103.2)
1.3 Each Member shall serve for a term of four years (5-103.3)
1.4 The Board shall be composed of eight (8) members: (5-103.8)
1.4.1 Four shall be from the City-at-Large.
1.4.2 One member shall be appointed from each of the four (4) wards of the City
1.5 The term of office expires each year for both a member at large and member from a ward (5-
103.8 & 5-103.9).
2.OFFICERS
2.1 Election and Terms of Office.
2.1.1 The Board shall, at the first meeting of each City of Lansing fiscal year (Fiscal Year begins
July 1), elect from among the voting members a Chairperson and a Vice-Chairperson who
shall hold office for one year or until their successors are elected and assume office.
2.1.2 No member of the Fire Board shall serve as Chairperson on the Board for more than
three consecutive one-year terms. However, any individual Board Member may be
reelected Chairperson for any number of additional one-year terms, not to exceed three,
if the member has vacated the position of Chairperson for one term. There shall not be a
limitation on the number of terms that the Vice- Chairperson may be elected.
2.2 Duties of the Chairperson and Vice-Chairperson
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2.2.1 The Chairperson shall preside at all meetings and perform such other duties as may be
ordered by the Board of Fire Commissioners.
2.2.2 The Chairperson shall appoint such standing and special committees as necessary to
perform the administrative duties of the Board, and to expedite certain functions of the
Board.
2.2.3 The Chairperson shall be an ex-officio member of all committees.
2.2.4 The Vice-Chairperson shall act in the capacity of the Chairperson in his/her absence; and,
in the event the office of the Chairperson becomes vacant, the Vice-Chairperson shall
succeed to this office for the unexpired term and the Board shall select a successor to the
office of Vice-Chairperson for the unexpired term.
3. SECRETARY TO THE BOARD
3.1 The Administrative Specialist for the Fire Chief shall serve as the Secretary to the Board, but is
neither a Member nor a Commissioner.
3.2 Minutes.
3.2.1 The Secretary shall be responsible for maintaining the minutes of the Board Meetings and
shall have them available in suitable volumes. Proposed minutes shall be available for
public inspection no later than eight business days after the meeting to which the
minutes refer. Approved minutes shall be available for public inspection no later than five
business days after the meeting at which the minutes are approved. Copies of the
proposed minutes shall be distributed to all voting Board Members prior to the meeting
at which they will be considered for approval.
3.2.2 The minutes of the Board Meeting shall be filed in the office of the City Clerk as a public
record and no official action taken by the Board at any meeting shall be validated or
effective until a copy of the minutes of the meeting at which such action was taken is
filed with the City Clerk.
3.3 Records. The Secretary shall be responsible for keeping a record for all the Board’s transactions.
3.4 Communications, Petitions, and Reports. All communications, petitions, and reports shall be
addressed to the Board and delivered to the Secretary.
3.5 Board Book. The secretary shall furnish to all newly elected board members a binder containing
copies of these Rules of Administrative Procedure, The Lansing City Charter, All Lansing Fire
Department AOGs, SOGs, and Special Directives then in effect, the Michigan Open Meetings Act,
the Open Meetings Act Handbook produced by the Michigan Attorney General, a copy or link to a
digital copy of Roberts Rules of Order, Roberts Rules of Order Cheat Sheet, Board Member and
Fire Administration contact information, the Board’s meeting schedule, the previous year’s Fire
Department Annual Report, the current year’s Fire Department budget, the then in effect
Collective Bargaining Agreement, and other such material as the Board or Fire Administration
requests to include. The Board Book may be provided in physical or digital format as determined
by the Secretary and Board Chair.
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4. MEETINGS
4.1 Regular Meetings. Meetings of the Board of Fire Commissioners will be held on the second
Wednesday of every month. Notice, including time and location, of a Fire Board of
Commissioners meeting shall be done in accordance with the Open Meetings Act. Meeting places
will be rotated among different fire stations each time the Board meets, or at such other place as
may be determined by a majority of the Board. Subject to the Open Meetings Act, the Board may
reschedule or cancel regular meetings as necessary to assure a quorum or for some other reason,
provided no meeting shall be scheduled so as to conflict with a regular meeting of the City
Council.
4.2 Special Meetings. Special meetings may be called by the Chairperson or by the Vice-Chairperson
acting for the Chairperson, or by the Secretary at the request of any two Board Members. The
Secretary will provide, if feasible, at least 72 hours advance notice of special meetings to Board
Members.
4.3 Notices. The Secretary shall provide, to the public, at least 18 hour notice of the date, time, and
place of any special meetings or rescheduled regular meetings. Notice of special meetings and
regular meetings shall be posted at the number one station and in City Hall Lobby, outside City
Council Chambers on the 10th floor of City Hall, on the City Website, and at other locations
considered appropriate by the Board.
4.4 Public.
4.4.1 All regular and special meetings, hearings, records of the Board, its resolutions,
transactions, findings and determinations, as well as acts shall be open to the public,
except as otherwise provided by law.
4.4.2 The public shall have a reasonable opportunity to be heard at all Board meetings open to
the public. The name and address of each person addressing the Board will be recorded.
Each member of the public who has registered to speak will have up to a total of three
minutes to address the Board during each public comment period. The Chair may reduce
the amount of time allowed for each speaker if he or she determined that the number of
registered speakers is so numerous that the meeting cannot be timely concluded without
a reduction in the time allocated for each speaker.
4.5 Quorum.
4.5.1 In order for quorum to be met, at least (4) four Board Member positions must be filled.
The total number of Board Members that exceeds fifty percent of the filled Board
positions shall constitute a quorum for the transaction of business, and a majority vote of
that number of members shall be necessary for official action. Any amendment to a
motion is by majority vote of the members present.
4.5.2 Whenever a quorum is not present at a regular or special meeting, those present may
adjourn the meeting to another day or meet as a Committee of the Whole for the
purpose of considering such matters as are on the Agenda. No action taken at such a
meeting shall be final or official until approved at a meeting at which a quorum is
present.
4.6 Attendance.
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4.6.1 A Board Member shall be in regular attendance. In the event a Board Member is absent
from three consecutive regular meetings or twenty-five percent of all meetings in any 12-
month period, unless such absences are excused, any Board Member may ask the subject
member to explain their absences. After hearing the explanation, any member may
move to excuse, warn, or recommend replacement of the subject member. Upon the
two-thirds vote of sitting members, the Board shall recommend to the Mayor the
removal of the subject Board Member.
4.6.2 A member may voluntarily resign from the Board at any time.
4.6.3 Following the roll call of Board Members at any meeting, the Chairperson shall ask if any
of the absent members had requested that their absence be excused. The Secretary or
any member of the Board will relate to the Board any such request made to them and the
reasons for that request. A motion to excuse that member shall be approved by a
concurring vote of a majority of the Members present.
4.7 Voting.
4.7.1 When a quorum is present, a majority of votes cast is sufficient for the adoption of any
Motion, Order, or Resolution. On a tie vote, a Motion fails.
4.7.2 Voting shall be recorded by verbal yeas and nays, unless otherwise ordered by the
Chairperson. All voting to go to a closed session shall be by roll call vote.
4.7.3 Every voting member of the Board shall vote on matters before the Board unless
disqualified to conflict of interest and excused from voting upon the vote of the majority
of members present.
4.8 Order of Business
4.8.1 The Chairperson and the Secretary shall determine an agenda for each meeting, and
provide a copy to each Board Member at least one half hour before the start of the
evening’s regular meeting. The agenda shall be at all times consistent with the Open
Meetings Act, Roberts Rules of Order, Revised, applicable provisions of the City Charter,
and applicable state law.
4.8.2 The meeting agenda for regularly scheduled board meetings, unless otherwise posted or
for special meetings, will be as follows:
1. Call to Order – Establishment of Quorum
2. Additions to the Agenda
3. Approval of Minutes
4. Public Comment – Agenda Items (Time Limit: 3 minutes)
5. Review of Communications
6. Comments from Chair
7. Educational Presentations
8. Fire Administration Report
9. Committee Reports
10. Old Business
11. New Business
12. Request for Commissioners to be Excused
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13.Commissioner Comments
14.Public Comment - On any Matter (Time Limit: 3 minutes)
15.Adjournment
4.9 Parliamentary Procedure. In all matters of procedure not covered by these Rules or by the
provision of the City Charter or applicable state law, the provisions of Roberts Rules of Order,
Revised shall control.
5.CRITICAL INCIDENT BRIEFINGS
5.1 For the purposes of this procedure, a Critical Incident shall be defined as any one of the
following:
5.1.1 Fire Department activity resulting in serious injury or death, or significant property loss.
5.1.2 Allegations or complaints relating to discrimination or sexual harassment.
5.1.3 An incident involving Fire Department activity that is likely to generate significant public
interest or media attention.
5.1.4 Any other incident or activity which a majority of the Board deem appropriate to review
pursuant to this procedure
5.2 The Fire Chief may initiate, or any member of the Board of Fire Commissioners may request that
the Chief initiate, a briefing session relating to any Critical Incident.
5.3 The Fire Chief or his/her designee, shall attempt to notify every Board member of the date, time,
and location of a Critical Incident Briefing.
5.4 Attendance by Board Members at such a session is not mandatory, and a quorum of the Board is
not required.
5.5 The briefing session shall be limited to the following:
5.5.1 The purpose of the briefing is for an informational gathering designed to focus upon
issues of general concern and intended to primarily provide Board Members with
background information on the critical incident.
5.5.2 At such a session, Commissioners may not, without complying with the Open Meetings
Act, engage in any discussion or deliberations during the session, or otherwise enter into
the process of addressing or resolving issues of public policy.
5.6 In response to any Critical Incident, the Board may review any administrative or advisory board
power prescribed by the Lansing City Charter, such as rules of conduct, training, or advising the
Mayor and Council of proposals or proposed changes in department policies and programs.
6.DISCIPLINARY REVIEW
6.1 Consistent with its responsibility under Lansing City Charter Section 5-401.6, the Board shall
regularly review reports and statistics concerning the application of discipline within the fire
department so as to inform periodic review of the rules and regulations for conduct of members
of the Department and to facilitate the periodic evaluation of the Board’s proper role as the “final
authority of the City in imposing or reviewing discipline of the Department employees consistent
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with the terms of the State law and applicable collective bargaining contracts” as such State Law
and collective bargaining contracts may be updated from time to time.
7.COMPLAINTS
7.1 Purpose. This rule formally establishes the procedure for receipt and processing of complaints
against Lansing Fire Department or a Lansing Fire Department member from any source. This rule
is mirrored by LFD CG 401-19 and is intended to satisfy the requirements of section 5-401.4 of
the Lansing City Charter.
7.2 Definitions
7.2.1 “Complaint” means a statement that a situation is unsatisfactory or unacceptable or an
expression of dissatisfaction with Lansing Fire Department operations or its members.
7.2.2 “Member” means any sworn or non-sworn individual employed at the Lansing Fire
Department.
7.2.3 “Complainant” Means any individual directly affected and aggrieved by the action of
Lansing Fire Department personnel or reports concern related to actions of Lansing Fire
Department personnel or policy.
7.3 Updates
7.3.1 The responsibility for future review and updates of this policy lies with Fire
Administration and/or the Lansing Board of Fire Commissioners.
7.3.2 Revisions shall become effective upon ratification by the Lansing Board of Fire
Commissioners and the Lansing City Council.
7.4 Scope
7.4.1 A complaint handling policy identifies the expected steps and procedure for processing a
received complaint from any source in order to ensure proper investigation, resolution,
and documentation.
7.5 Attachments
7.5.1 Complaint Intake Form (form 401A)
7.5.2 Complaint Routing and Investigation Form (form 401B)
7.6 Policy. All Departmental Personnel and members of the Lansing Board of Fire Commissioners
shall follow the outlined procedure when receiving a complaint against the Lansing Fire
Department or its members.
7.6.1 Complaint Receipt (Intake)
7.6.1.1 The Complainant is routed to the Administration Division Chief and he/she
completes the Complaint Intake Form.
7.6.1.2 If unable to route the Complainant to the Administration Division Chief or if doing
so would escalate the complaint, then the person receiving the complaint shall
Admin Rules have been updated and no longer part of the Board Rules of Procedure as of 9/6/23
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complete the Complaint Intake Form and forward it to the Administration Division
Chief within 4 hours of complaint receipt.
7.6.1.3 If the complaint relates to a patient care issue or issue serious enough to require
immediate attention, contact the appropriate Battalion/Division Chief or an
Assistant Fire Chief immediately.
7.6.1.4 Complainants will receive acknowledgement of their complaint within two business
days.
7.6.1.5 Lansing Fire Department personnel shall remain professional at all times while
interacting with complainant and not engage in adversarial behavior or
communications.
7.6.1.6 Complaints filed must include all information necessary to complete the Complaint
Intake Form. Missing information must be obtained from the complainant prior to
routing of the complaint.
7.6.1.7 If applicable, the complainant must provide written complaint and supporting
documentation or evidence to include in complaint investigation.
7.6.2 Complaint Routing
7.6.2.1 Intake is first step in the handling and routing process for all complaint types. Upon
receipt, one of following actions shall be taken:
7.6.2.1.1 Routed to Administration Division Chief for intake
7.6.2.1.2 Complaint Intake form completed and then sent to Administration Division
Chief
7.6.2.1.2.1 Intake can be conducted by any Lansing Fire Department Personnel or
Fire Board Commissioner
7.6.2.1.2.2 If complaint involves the Administration Division Chief, direct the
complainant to an Assistant Fire Chief or send the completed Complaint
Intake Form directly to the Assistant Fire Chief in charge of
Administration.
7.6.2.1.2.3 Complaint will be logged on electronic tracking database
7.6.2.1.2.4 A copy of complaint intake form routed for investigation shall be sent
to the Local IAFF 421 Union with complainant and or patient Personal
Identifying and Personal Health Information redacted within 24 hours.
7.6.2.2 Emergency Medical Services (EMS) Complaint Routing
7.6.2.2.1 Administration Division Chief will route Complaint Intake form to EMS
Operations Division Chief.
7.6.2.2.2 EMS Operations Chief will investigate the complaint and complete
investigation documentation.
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7.6.2.2.2.1 Quality Assurance (QA) Committee member or EMS Captain may be
designated to conduct the investigation.
7.6.2.2.3 QA Committee should convene and conduct a review of the complaint and
investigation results.
7.6.2.2.3.1 At close of the review, the QA Committee will provide
recommendations to EMS Operations Division Chief for action or
resolution to be taken associated with policy and training needs.
7.6.2.2.3.2 QA Committee review should occur within 30 days of receipt of the
complaint. Resolution of the complaint will not be delayed pending QA
Committee review.
7.6.2.2.4 EMS Operations Division Chief will complete complaint investigation
documentation and include comprehensive recommendations for actions and
resolutions to address the complaint.
7.6.2.2.5 Complete complaint investigation packet is routed to appropriate Assistant
Fire Chief for final review and determination of actions and resolutions to be
taken.
7.6.2.2.6 Assistant Fire Chief will return the complete file within 14 days of receipt to
Administration Division Chief for filing and maintenance of records in
electronic database and paper file.
7.6.2.3 Non-EMS Complaint Routing
7.6.2.3.1 Administration Division Chief will route complaint to appropriate
Battalion/Division Chief for investigation.
7.6.2.3.1.1 If complaint involves a Battalion/Division Chief or Assistant Chief, then
the complaint will route to appropriate next level Supervisor for
investigation.
7.6.2.3.1.2 Discussion regarding chain of command and anonymous complaints
against co-workers. May discuss with the Union for guidance.
7.6.2.3.2 Designated appropriate level supervisor will complete investigation and
investigation documentation including comprehensive recommendations for
actions and resolutions to address the complaint.
7.6.2.3.3 Completed complaint investigation packet is routed to appropriate Assistant
Fire Chief for final review and determination of actions and resolutions to be
taken.
7.6.2.3.4 Assistant Fire Chief will return the complete file within 14 days of receipt to
Administration Division Chief for filing and maintenance of records in
electronic database and paper file.
7.6.2.4 Complaint Follow-up
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7.6.2.4.1 The Administration Division Chief or designee shall provide a response
regarding outcome of complaint investigation to complainant within 30 days, if
complainant requests follow up.
7.6.2.4.1.1 If complaint not resolved within 30 days due to extenuating
circumstances, the Administration Division Chief or designee should
provide a status notification to complainant.
7.6.2.4.1.2 Formal inquiries/complaints filed by Tri-County Emergency Medical
Control Authority (TCEMCA) or other parties shall receive outcome
notification in written format.
7.6.2.4.2 Parties at focus of complaint investigation shall receive investigation outcome
notification in written format within 30 days.
7.6.2.4.3 Fire Administration will provide the Fire Board of Commissioners a summary
report of complaints received at their regularly scheduled meetings.
7.6.2.4.3.1 Fire Commissioners may review complaint records to the extent
allowed by controlling statutes (i.e. with redactions to protect patient
identifying or confidential information, or pursuant to employee privacy
rights).
7.6.2.4.3.2 The Fire Commission may consider summaries of complaints or
complaint records while carrying out the Commission’s responsibilities
including:
•Inclusion of summary data in its Annual Report in an anonymized format.
•To inform the Commission’s review of Departmental Operations, Policies
or proposals for revisions thereof.
8.ADVISORY DUTIES
8.1 Pursuant to the City Charter, advisory functions of the Fire Commissioners include:
8.1.1 Reviewing the progress and planning of the Fire Administration to insure that all activities
are in accordance with City Policy.
8.1.2 Review the Fire Administration’s proposed policies and programs or changes in existing
policies or programs requiring City Council action and making written recommendations
thereon prior to submission to the Mayor and City Council for action.
8.1.3 Review of the Fire Department’s budget material including capital improvement
proposals and making written recommendations thereon prior to submission to the
Mayor.
8.1.4 Rendering an annual report to the Mayor and City Council prior to December 1st of each
year which includes a description and evaluation of the Department’s activities during the
previous year including the handling of complaints, if any, and proposals for future plans.
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8.1.5 If it deems appropriate, develop proposals for new or altered policies and programs and
transmit the same to the Mayor and City Council.
9.OTHER DUTIES
9.1 Pursuant to the City Charter, the Board of Fire Commissioners is responsible for:
9.1.1 Establishing, in consultation with the Fire Chief and the Mayor, administrative rules for
the organization and overall administration of the fire department (except as subject to
collective bargaining). Administrative Rules shall become effective upon filing with the
City Clerk.
9.1.2 Approval of Rules and Regulations for the conduct of the members of the department in
consultation with the Fire Chief and the Mayor.
9.1.3 Establishing a procedure for receiving and resolving complaints concerning operation of
the department.
9.1.4 Acting as the final authority of the city in imposing or reviewing discipline of the
department employees consistent with State Law and applicable Collective Bargaining
Agreements.
9.1.5 Making recommendations to the Mayor on candidates for the position of Fire Chief, and
reviewing any suspension or removal of the Fire Chief by the Mayor.
9.2 To assist the Board in fulfilling its Charter Responsibilities the Board shall review administrative
rules for the organization and overall administration of the fire department, as well as Rules and
Regulations for the conduct of the members of the department, on a recurring basis such that all
policies and rules subject to Fire Board oversight are reviewed at least once every five (5) years.
9.3 In service to these duties and its ultimate duty to serve as a public body representing the
City of Lansing, the Board of Fire Commissioners will receive annual training concerning the
requirements of Michigan’s Open Meetings Act and to receive general legal updates
organized by the City of Lansing Law Department as may be pertinent to the concerns of
the Commission.
10.AMENDMENTS
10.1 Amendments. Amendments to the Rules of Procedure may be initiated by any member of the
Board at any regular meeting and voted upon at the next regular meeting. All Board Members
must be notified of such amendments at least five days before the amendment is to be voted
upon. The affirmative vote of five present Members shall be required to amend the Rules of
Procedure. Amendments to the Rules of Procedure must be ratified by the Lansing City Council.
10.2 Suspension of Rules. It shall require the vote of five present Members of the Board to suspend
the Rules of Procedure.
These Rules of Administrative Procedure are adopted on May 12, 2021 by the Lansing Board of Fire Commissioners
and shall be effective upon ratification by the Lansing City Council.
Approved as to form: ________________________Office of the City Attorney