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HomeMy WebLinkAboutPlanning Board ,r S PART I Rev. 11/27/96 admnprl 1 RULES OF ADMINISTRATIVE PROCEDURE The following rules of procedure are adopted by the Lansing Planning Board to facilitate the performance of its duties and the exercising of its responsibilities, functions and powers in accordance with ACT 285 of the Public Acts of 1931, as amended (ACT 285), other applicable statutes, the Lansing City Charter and applicable city ordinances. A copy of ACT 285 and the Lansing City Charter are included as Appendices 1 and 2 respectively. Section 1.0 Officers and Ex-Officio Members 1.1 Selection of Officers A. The Board shall, at the first meeting in September, elect from among the voting members a Board Chairperson and Vice Chairperson. B. Whenever both positions are vacated for whatever reason, the remaining members shall elect from the seated members a new chairperson and vice chairperson, to fulfill the unexpired terms. C. The Planning Manager shall be the designated Secretary of the Planning Board. The Planning Manager may appoint a member of the planning staff as the secretary designee. 1.2 Tenure A. The.Chairperson and Vice Chairperson shall take office at the first meeting following their election and shall hold office for a term of one year or until their successors are selected and assume Office. B. No Board Chairperson or Vice Chairperson shall serve more than two consecutive terms in that position. C. In the event a Chairperson is unable to complete the term of office, the Vice Chairperson shall assume those duties of the Chair. Fulfilling the unexpired term of a predecessor shall not be counted as one of-the two consecutive terms. A OVED AS T F RM ONLY CITY ATTDiiNEY l d �' a i �'', '. li ', f PART RULES OF ADMINISTRATIVE PROCEDURE Page 2 1.3 Duties of the Chairperson The duties of the Chairperson shall be as follows: A. The Chairperson shall preside at all meetings of the Board; perform such other duties as may be directed by the Planning Board or as are contained in other subsections of this Section 1.3; and perform such other duties as are normal and customary to said office. B. The Chairperson shall appoint all committee members for a term of one year, at the first meeting at which the Chairperson takes office, except the Executive Committee. C. The Chairperson may reassign members when circumstances require. D. The Chairperson may make temporary appointments to various committees to assure adequate attendance. Any board member may be appointed to serve on a committee on an interim basis. The Committee minutes should reflect a board member serving on a temporary basis. E. The Vice Chairperson shall act in the capacity of the Chairperson in the event of the Chairperson's absence. F. The Chairperson and the Planning Manager shall be ex officio members of all committees except when the Chairperson is fulfilling a specific committee assignment. G. The Chairperson shall be responsible for all public releases of information (except as noted in Section 1.4.F.) All committee discussions and/or decisions reached at the Business Session of the Planning Board, or releases of any other information relating to the work of the Planning Board shall be made by the Chairperson. Such information may also be released by the Secretary of the Planning Board, with approval of the Board or the Executive Committee. APPROVED AS TO F R ONLY f1 ?- SIGNATURE CITY ATTORNEY i PART I RULES OF ADMINISTRATIVE PROCEDURE Page 3 i 1.4 Duties of the Secretary The duties of the Secretary are as follows: A. The Secretary shall be responsible for maintaining the minutes of Board meetings and shall have them available in suitable volumes. Copies of the minutes shall be distributed to all voting Board members prior to the meeting at which they will be considered. Draft minutes of the public hearing section of the pertinent meeting will be made available to all committees for use during their deliberations. B. The Secretary shall assure that the minutes of each Board meeting are filed in the office of the City Clerk as a public record in accordance with the Lansing City Charter, Section 5-105.10. C. The Secretary shall be responsible for keeping a record of all of the Board's transactions. D. The Secretary shall provide written notice of the recommendations of the Planning Board to the Mayor and the Lansing City Council as well as to the applicant. This notification shall include details of the petition, public comment, and such other information as may be required by ordinance. E. The Secretary shall execute all documents in the name of the Board; perform. other duties as the board may determine or direct; and perform such other duties as are normal and customary to said office. F. The Secretary shall cooperate and assist the City F.O.I.A. office in responding to requests for information in accordance with P.A. 442 of 1977, as amended (Freedom of Information Act). Section 2.0 Meetings 2.1 Regular Meetings A. Regular meetings of the Lansing Planning Board will be held on the first and third Tuesday of every month at 7:00 p.m. in Council Chambers, 10th Floor, Lansing City Hall, 124 W. Michigan Avenue, unless otherwise publicly noticed in accordance with the P.A. 267 of 1976, as amended (Open Meetings.Act). AFIRROVED AS TO PnOM ONLY Ir 2 7 s► m-uRE QI7Y ATMRNEY PART RULES OF ADMINISTRATIVE PROCEDURE Page 4 B. In accordance with the Open Meetings Act, the Planning Board shall post the dates, times, and places of its regular meetings within ten days after the first meeting of the board in each calendar year. C. Any changes in the regular meeting schedule must be posted within three days after the change in the meeting schedule has been agreed upon by the Planning Board. 2.2 Special Meetings A. Special meetings shall be called at the request of the Board Chairperson or five members of the Board. Notice of special meetings shall be given by the Secretary to the members of the Board at least eighteen hours prior to such meeting and shall state the date, time and place of the meeting. Notice of the special meeting will also be posted in accordance with the Open Meetings Act. B. If the Secretary is unable to contact a Board member, notice shall be left at the member's usual place of residence. C. Notwithstanding the foregoing requirements for the calling of a special meeting, any special meeting of the Board shall be a legal special meeting if a quorum is present, provided there has been compliance with the Open Meetings Act. D. At the time special meeting notices are delivered, copies shall be posted in City Hall and other appropriate locations. Proof of service and record of the posting shall be maintained along with the minutes of the meeting. E. Special meetings closed to the public shall be in accordance with the Open Meetings Act. 2.3 Public Involvement A. All regular and special meetings, hearings, records, resolutions, transactions.-and findings-and-determinations-of the—Board-shall-be-open t the public except when the Planning Board meets in closed session in accordance with the Open Meetings Act. B. The public shall be given reasonable opportunity to be heard at all regular or special meetings in accordance with Lansing City Charter provision 5- �PP U .D AS OR NLY >i 2 'i PART RULES OF ADMINISTRATIVE PROCEDURE Page 5 150.5, except when the Planning Board meets in closed session in accordance with the Open Meetings Act. The opportunities for public comment shall at least include: 1. Scheduled Public Hearings: The petitioner or the petitioner's representative shall be permitted a reasonable amount of time for presentation, generally not to exceed five (5) minutes. All others shall be given a reasonable amount of time to speak, generally not to exceed three (3) minutes. 2. General Public Comments: All persons shall be given a reasonable amount of time, generally not to exceed three (3) minutes, to speak on issues before the Planning Board or on topics of general interest to the Planning Board. C. The Planning Board may grant additional time to any speaker for the presentation of new or additional information. 2.4 Quorum A. Five (5) members, or a majority of the persons seated on the Planning Board, shall constitute a quorum for the transaction of business and the taking of official actions. B. No official action shall be taken as to the adoption of a Comprehensive Master Plan, any part of a Comprehensive Master Plan, or to recommend the rezoning of property to the City Council without six (6) affirmative votes (MCL 125.38). C. Any amendment to a motion is by majority vote of those present. D. Whenever a quorum is not present at a regular or special meeting, those present may adjourn the meeting to another time or may meet as a Committee of the Whole for the purpose of accumulating and accepting public comments on such matters as are on the agenda. However, no official action(s) may be taken. 2.5 Conflict of Interest AROVED AS TO FO M ONLY 1! z� �Er PART RULES OF ADMINISTRATIVE PROCEDURE Page 6 A. Planning Board members who believe they may have a potential conflict of interest should disclose or declare such a possible conflict prior to any discussion of the topic during the meeting. Once disclosed, the potential conflict should be discussed and addressed in a rational manner by the entire Planning Board. (M.C.L. 153.42) B. These rules of procedure cannot adequately describe each potential conflict of interest. Therefore, if a member believes that there is a potential conflict where there may exist a greater than remote personal interest in that particular issue, or where there may be the appearance of a conflict, they should openly disclose same; particularly when those issues involve a member's own pecuniary interest, affect his or her employer, or bear on some other fact associated with that issue, that member should state his or her interest. The Planning Board will then discuss the matter and vote as to whether the member has a valid conflict of interest. C. A vote to recuse a member shall be by simple majority of the remaining members of the Board who are present and shall include the reasons for their action. D. Any Board member recused on a particular issue, shall, in addition to not taking part in the discussion of nor voting on the issue, act in a manner which will preserve the public's confidence that the member is not attempting to influence the other Board members. At the least, the recused member shall leave his/her seat and the dais where the board is meeting. E. All such recusals shall be stated in the official communication from the Board secretary and reflected in the official minutes of the Planning Board. F. All members shall act in accordance with the provisions of Ordinance #953, known as the Ethics Ordinance for the City of Lansing, passed August 26, 1996 and included here as Appendix 3. APP 0 D AS TO F ONLY r WaY E 4Vf fi PART RULES OF ADMINISTRATIVE PROCEDURE Page 7 2.6 Attendance A. Board members shall be regular in attendance, B. Following the roll call of board members at any meeting, the Chairperson shall inquire whether any absent member had requested their absence be excused. The Planning Manager or any member of the Board may relate to the Chairperson any such request made to them and the reasons for that request. A motion to excuse that member may be approved by a majority vote. C. Any Board member who is absent without being excused from three (3) consecutive regular meetings, or twenty-five percent (25%) of the regular meetings in any calendar year, may be dismissed from the Planning Board in accordance with Section 5-9 05.7 of the Lansing City Charter. D. The Chairperson shall transmit notice of these absences to the Mayor by letter upon an affirmative vote of the remaining members E. Such procedures do not prohibit a member from voluntary resignation. �7=. GRIM ONLY 27 SIONATUR CITY ATTOR EY PART I RULES OF ADMINISTRATIVE PROCEDURE Page 8 2.7 Order of Business The Agenda for each meeting, prepared by the Secretary, shall contain the following elements in order: 1. Roll Call A. Excused Absences B. Staff Introductions 2. Approval of the Agenda 3. Communications 4. Hearings (advertised) 5. Public Comment 6. Recess (if desired by the Board) 7. Business Session A. Approval of Minutes B. Committee Reports a. Zoning and Ordinance Committee b. Urban Development Committee C. Committee of the Whole d. Executive Committee C. Planning Manager's Report D. New Business E. Board Member Comments 8. Adjournment 2.8 Motions A. Motions shall be restated by the Chairperson before a vote is taken. B. The names of the persons making the motion and its second shall be recorded in the minutes. A VED S O F RM ONLY 12 MNATURE ORY A7TORN jl PART RULES OF ADMINISTRATIVE PROCEDURE Page 9 2.9 Voting A. Voting shall be recorded by verbal ayes and nays except as noted in B. and C. below. B. Roll call votes shall be taken on land use matters including but not limited to rezoning petitions, Special land Use permits, nonconforming Class A petitions, Comprehensive Master Plan amendments and requests for ACT 285 review. C. A roll call vote may also be required if requested by a Board member. D. All members of the Board in attendance shall vote on all matters unless recused. E. The Chairperson shall vote last. 2.10 Board Action A. Action on a land use matter shall not occur until the required or requested public hearing has been concluded. B. A written notice containing the decision of the Planning Board will be sent to petitioner(s), titleholder(s), and all others required to be notified by law. 2.11 Parliamentary Procedure Meetings shall be conducted according to Mason's Manual. APPRQYED S TO 0 M ONLY !/ 2 SIGNATUREP -77 CITY ATTORNEY PART I RULES OF ADMINISTRATIVE PROCEDURE Page 10 SECTION 3.0 HEARINGS 3.1 Master Plan Amendment Hearings (including rezoning petitions) The Planning Board, in accordance with Section 6 of ACT 285, shall hold a public hearing on all matters which would amend the current Comprehensive Master Plan for the City of Lansing or the current zoning patterns as designated on the Official Zoning Maps for the City of Lansing. 3.2 Other Public Hearings The Planning Board, in accordance with the Lansing Planning and Zoning Code, shall hold public hearings on other land use matters such as Special Land Use permits, Class A nonconforming use permits, and ACT 285 land use reviews, as required or as requested by an applicant or Planning staff. 3.3 Notice of all Public Hearings Notice of all public hearings before the Planning Board shall be made in a timely manner in accordance with the requirements of ACT 285, the requirements of the Lansing Planning and Zoning Code, and all other applicable Michigan Statutes and local ordinances. 4.0 COMMITTEES 4.1 Standing Committees There shall be the following standing committees: A. Executive Committee: 1 . The Committee shall be composed of the Board Chairperson, Vice Chairperson, and the Chairpersons of the Zoning and Ordinance and Urban Development Committees. - 2. The Board Chairperson shall serve as Chairperson of the Executive Committee. 3. The Board Chairperson may call on other non-committee Board members to attend those committee meetings where additional input is requested. AP O .ED AS TO FO M NLY 1112-71,44-1 siawi7URE Cn Y ATMANEY l i t r, i li PART RULES OF ADMINISTRATIVE PROCEDURE Page 11 4. The Committee shall act for the Planning Board on occasions when immediate action is necessary, providing such action is lawful and in accord with the Rules and Procedures of this Board. 5. The Committee may provide group counsel to the Planning Manager on matters such as the budget and work program. B. Zoning and Ordinance Committee: 1. The Committee shall be composed of not more than four (4) members of the Board, three of which shall constitute a quorum. 2. The Committee shall review and make recommendations on all petitions for rezoning, plats,- Special Land Use permits, Planned Residential Development proposals, lot splits, non-conforming Class A petitions, and other land use issues. 3. The Committee shall make interpretations of the Planning and Zoning Code as provided for in same. C. Urban Development Committee: 1. The Committee shall be composed of not more than four (4) members of the Planning Board; three of which shall constitute a quorum. 2. The Committee shall review all petitions, plans, referrals and recommendations regarding the Comprehensive Master Plan. Their duties shall also include review of all neighborhood plans, relocation plans, and rehabilitation plans (CDBG), Capital Improvements Plans, requests for ACT 285 review, and requests for review and recommendation on specific land use topics such as housing, transportation, economic development, community facilities, and public services. D. Committee of the Whole (COW): 1. The Committee shall be composed of all members seated on the Board, five of which shall constitute a quorum. 2. The Vice Chairperson of the Board shall preside, or in that person's absence, the Chairperson shall appoint a member to preside. 3. The COW shall be convened to discuss various land use issues where there is-a benefit for all members to exchange their views. 4. The COW may also be convened to accept an issue being referred or discharged to it from one of the standing committees, or by the request of the Chairperson. 5. Two or more members of the Board may request that an issue be placed on the Board agenda upon giving written notice to the Chairperson three working days in advance of the meeting. The XP EDASTOF RA0 LY 2 gMA TME CITY ATTORNEY PART I RULES OF ADMINISTRATIVE PROCEDURE Page 12 Chairperson three working days in advance of the meeting. The notice must indicate that the members intend to request that a particular specified issue be referred or discharged to the COW for consideration. A majority vote of those members present and voting at the Board meeting shall be sufficient to convene the COW for the purposes of considering the specified issue. SECTION 5.0 PLANNING BOARD STAFF 5.1 Authorization The City of Lansing Planning Board staff shall consist of a Planning Manager and such other personnel as may be necessary to complete the work of the Planning Board and which is in keeping with Section 4-306.5 of the Lansing City Charter. 5.2 Responsibility A. All members of the staff shall be responsible to the Planning Manager. All informational requests, or other requests related to work program activities for any staff member, shall be cleared through the Planning Manager. The Planning Manager shall be responsible to the Director of the Department of Planning and Neighborhood Development and to the Mayor for the administration of the Planning Office. The Planning Manager, however, shall keep the Board informed as to the operations of the Office. B. The City of Lansing Planning Board staff is charged with the duty of preparation and administration of such plans as are appropriate to the City of Lansing and its environs and are within the scope of ACT 285 and the Lansing City Charter. Copies of both above referenced documents are included as appendices 1 and 2. ,P PRO ED AS TO FORM ON Y I I Z7 s1( ilAT17RE CITY ATTORNEY i PART RULES OF ADMINISTRATIVE PROCEDURE Page 13 SECTION 6.0 AMENDMENTS 6.1 Amendments to the Rules of Administrative Procedure These rules may be amended by the Board by a majority vote,during any regular meeting, provided that all members have received an advanced copy of the proposed amendments at least three (3) days prior to the meeting at which such amendments are to be considered. THESE RULES OF ADMINISTRATIVE PROCEDURE ARE ADOPTED THE 19TH DAY OF NOVEMBER, 1996. LANSING PLANNING BOARD THESE RULES OF ADMINISTRATIVE PROCEDURE ARE RECEIVED BY CITY COUNCIL WITHOUT OBJECTION ON APPBQVED AS TO FC w ONLY SIGNATURE orry ATTORNEY bo.0 v bU O tJCE ZUo wW'.Jw ZoNE w '�!' ..�. R."-. 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II 'C c oo > > cNca 0 O > O 0 � bO by w C .d b4 cc .9 0 a,O > ° 9E o .0 o c� U �D > Co � 'OG G . 2: Q T > ►n > N LO RT i CCTY OF LANSING ETHICS ORDINANCE AN ORDINANCE TO AMEND CHAPTER 290, CONFUCTS OF INTEREST, OF THE CODIFIED'ORDINANCES OF LANSING, MICHIGAN, 1966, TO RETITLE THE CHAPTER 'ETHICS"; TO DECLARE PUBLIC OFFICE AND PUBLIC EMPLOYMENT AS A PUBLIC TRUST INVOLVING A FIDUCIARY DUTY; TO ESTABUSH A COMPLAINT PROCEDURE APPUCABLE TO THE BOARD OF ETHICS; TO DEFINE CERTAIN PROHIBITED TRANSACTIONS; TO REGULATE THE PARTICIPATION IN GOVERNMENT DECISIONS; TO PROVIDE FOR FINANCIAL DISCLOSURE BY ELECTED AND APPOINTED OFFICIALS; TO ADOPT GIFT REGULATIONS; TO REQUIRE LOBBYIST DISCLOSURE BY CITY OFFICERS AND EMPLOYEES; TO PROVIDE FOR EDUCATION CONCERNING THE PROVISIONS OF THIS CHAPTER; AND TO PROVIDE WMSTLEBLOWER PROTECTION. THE CITY OF LANSING ORDAINS: SECTION ONE. THAT CHAPTER 29O OF THI`CODE OF THE CITY OF LANSING, 13E AND HEREBY IS AMENDED TO READ AS FOLLOWS: , CHAPTER 290 ETHICS 290. 1 DECLARATION OF PURPOSE; FINDINGS. THE PEOPLE OF THE CITY OF LANSING DECLARE PUBLIC OFFICE AND PUBLIC EMPLOYMENT ARE HELD AS A PUBLIC TRUST AND ANY EFFORT TO REALIZE PERSONAL GAIN THROUGH OFFICIAL CONDUCT IS A VIOLATION OF THAT TRUST. IT IS THE FINDING OF COUNCIL THAT ALL CITY OFFICERS AND EMPLOYEES ARE TRUSTED WITH PUBLIC FUNCTIONS FOR THE GOOD OF THE PUBLIC, THAT THEIR OFFICIAL POWERS ARE FIDUCIARY AND ARE TO BE USED TO PROTECT, ADVANCE AND PROMOTE THE PUBLIC INTEREST AND NOT THEIR OWN; THAT THE PEOPLE OF' THE CITY WANT LEGISLATION TO ENSURE THAT CONFLICTS OF INTEREST OF OFFICERS AND EMPLOYEES ARE.ELIMINATED TO THE FULLEST EXTENT POSSIBLE AND THAT VIOLATIONS OF RULES OF ETHICAL CONDUCT ARE APPROPRIATELY CORRECTED. 29o.z DEFINITIONS. AS USED IN THIS CHAPTER: W BOARD OF ETHICS` MEANS THE BOARD OF ETHICS CREATED UNDER CHAPTER 5 OF ARTICLE V OF.THE CITY CHARTER. (B) MBUSINESS" MEANS- A CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP, FIRM, ENTERPRISE, FRANCHISE, ASSOCIATION, ORGANIZATION, SELF-EMPLOYED INDIVIDUAL, HOLDING COMPANY, JOINT STOCK COMPANY, RECEIVERSHIP, TRUST, ACTIVITY OR ENTITY, EXCLUDING A MUNICIPAL CORPORATION OR GOVERNMENTAL ENTITY. (C) «ΡBUSINESS WITH WHICH AN INDIVIDUAL IS ASSOCIATED31 MEANS A BUSINESS IN WHICH ANY OF THE FOLLOWING-APPLIES:- ( [ ) THE INDIVIDUAL IS AN OWNER, PARTNER, DIRECTOR, OFFICER OR EMPLOYEE; (2) A MEMBER OF THE INDNIDUALS IMMEDIATE FAMILY IS AN OWNER, PARTNER, DIRECTOR OR OFFICER; (3) THE INDIVIDUAL OR A MEMBER OF THE INDIVIDUALS IMMEDIATE FAMILY IS A STOCKHOLDER OF CLOSE CORPORATION STOCK WHICH IS WORTH AT LEAST ONE THOUSANID DOLLARS ($ 1 ,000) AT FAIR MARKET VALUE OR WHICH REPRESENTS MORE THAN A FIVE PERCENT EQUITY INTEREST; OR (4) THE INDIVIDUAL OR A MEMBER OF THE INDIVIDUALS IMMEDIATE FAMILY IS A STOCKHOLDER OF PU6UCLY TRADED STOCK WHICH IS WORTH AT LEAST TWENTY-FIVE THOUSAND DOLLARS ($25,000) AT FAJR MARKET VALUE OR WHICH REPRESENTS MORE THAN TEN PERCENT EQUITY INTEREST, OTHER THAN PUBUCLY TRADED STOCK UNDER A TRADING ACCOUNT IF THE INDIVIDUAL REPORTS THE NAME AND ADDRESS OF THE STOCKHOLDER, (D) 'BUSINESS WITH WHICH AN OFFICER, EMPLOYEE OR CANDIDATE IS ASSOCIATED' MEANS A BUSINESS WITH WHICH THE INDIVIDUAL IS ASSOCIATED. (E) 'CANDIDATE" MEANS AN INDIVIDUAL WHO IS A CANDIDATE FOR CITY OFFICE, AS DEFINED IN PUBLIC ACT 366 OF 1976, AS AMENDED, BEING M.C.L.A. 1 69.201 THROUGH 1 69.282. (F) 'CHILDK MEANS A SON OR DAUGHTER, WHETHER OR NOT THE SON OR DAUGHTER IS THE NATURAL OFFSPRING OF THE LEGAL. PARENT OR PARENTS AND WHETHER OR NOT THE SON OR DAUGHTER IS FINANCIALLY DEPENDENT ON THE PARENT OR PARENTS. (G) 'CONFIDENTIAL INFORMATION MEANS INFORMATION WHICH HAS BEEN OBTAINED IN THE. COURSE OF HOLDING OFFICE OR EMPLOYMENT WITH THE CITY, AND WHICH INFORMATION IS NOT AVAILABLE TO MEMBERS OF THE PUBLC UNDER THE FREEDbM OF INFORMATOON ACT OR OTHER LAW OR REGULATION AND WHICH THE EMPLOYEE OR OFFICER HAS BEEN INSTRUCTED IS BEING MELD CONFIDENTIALLY. ANY INFORMATION WHICH IS DISCLOSED IN A MEETING OPEN TO THE PUBLIC IS DEEMED NOT TO BE CONFIDENTIAL. (H) 'GIFT" MEANS A PAYMENT, SUBSCRIPTION, ADVANCE, FORBEARANCE, RENDERING OR DEPOSIT OF MONEY, SERVICES OR A!"IMING OF VALUE, MADE WITHOUT THE EXCHANGE OF REASO AE!ILE CONSIDERATION. GIFT DOES NOT INCLUDE ANYTHING OF VALUE RECEIVED AS A DEVISE, BEQUEST OR INHERITANCE OR A LOAN OR CREDIT ARRANGEMENT MADE ACCORDING TO REASONABLE AND PREVAILING RATES AND TERMS, AND WHICH DOES NOT DISCRIMINATE AGAANST OR IN FAVOR OF-AN INDIVIDUAL WHO l5 AN OFFICER OR EMPLOYEE BECAUSE OF SUCH INDIV[pUAL�S STATUS AS AN OFFICER OR EMPLOY7=E. MIaiFT� DOES NOT INCLUDE A CONTRIBUTION OR EXPEND(TURE REQUIRED TO BE: RECORDED OR REPORTED PURSUANT TO PUBLIC ACT 368 OF 1976, AS AMENDED, BEING M.C.L.A. 169.201 TO 169.282. =GIFe DOES NOT INCLUDE A GIFT RECEIVED FROM ONE OR MORE OF THE FOLLOWING: ( I ) A RELATIVE WITHIN THE FIFTH DEGREE.OF CONSANGUINITY, UNDER THE CIVIL LAW COMPUTATION METHOD, TO THE OFFICER OR EMPLOYEE, OR THE SPOUSE OF SUCH A RELATIVE; OR (2) A SPOUSE OF THE OFFICER OR EMPLOYEE. OR A SPOUSES RELATIVE WITHIN THE FIFTH DEGREE OF CONSANGUINITY TO THE SPOUSE, UNDER THE CIVIL LAW COMPUTATION METHOD. (1) 'GOVERNMENTAL BOD'? MEANS AN AUTHORITY, DEPARTMFXr, COMMISSION, COMMITTEE, COUNCIL, BOARD, BUREAU, DIVISION, OFFICE, LEGISLATIVE BODY OR OTHER AGENCY (AS DEFINED,IN THE CITY CHARTER) OF THE CITY. (J) 'IMMEDIATE FAMILY" MEANS A CHILD OF AN INDIVIDUAL, A SPOUSE OF AN INDIVIDUAL, OR AN INDIVIDUAL CLAIMED BY THA.T'INDIVIDUAL OR INDIVIDUAL 2S SPOUSE AS A DEPENDENT UNDER THE INTERNAL REVENUE CODE, OR THE PARENTS, PARENTS-IN-LAW, BROTHERS, SISTERS, SISTERS-IN-LAW, BROTHERS-INWLAW,' STEPPARENTS, STEPBROTHERS OR STEPSISTERS OF AN INDIVIDUAL, (K) 'LOAN' MEANS A TRANSFER OF MONEY, PROPERTY OR ANYTHING ELSE OF ASCERTAINABLE MONETARY VALUE IN EXCHANGE FOR AN OBLIGATION, CONDITIONAL OR NOT, TO REPAY IN WHOLE OR IN PART. (U 4OFFTCE.R OR EMPLOYEE* MEANS AN ELECTED OR APPOINTED OFFICER OR AN EMPLOYEE OF A GOVERNMENTAL BODY OF THE'CITY. 290.03 COMPLAINTS. W ANY PERSON MAY FILE A SIGNED WRITIEN COMPLAINT WITH THE CITY CLERK ALLEGING A VIOLATION OF CHAPTER S OF ARTICLE V OF THE CITY CHARTER OR OF 'THIS CHAPTER. UPON RECEIPT OF SUCH A COMPLAINT, THE CITY.CLERK SHALL SIMULTANEOUSLY FORWARD THE COMPLAINT TO THE BOARD OF.ETHICS, THE PERSON NAMED IN THE COMPLAINT AND THE CITY ATTORNEY. THE CITY ATTORNEY SHALL PROVIDE THE ETHICS BOARD WITH A PRELIMINARY WRITTEN ANALYSIS OF THE COMPLAINT NO LATER THAN THIRTY (30) DAYS FROM THE DATE THE COMPLAINT WAS FILED WITH THE CITY CLERK. AT THE NEXT REGULAR MEETING FOLLOWING RECEIPT OF THE CITY ATTORNEY'S ANALYSIS, THE BOARD OF ETHICS SHALL (REVIEW AND CONSIDER THE COMPLAINT AND THE CITY ATTORNEY'S ANALYSIS. AT ANY TIME AFTER SUCH REVIEW AND CONSIDERATION, THE BOARD OF ETHICS MAY DO ANY OF THE FOLLOWING: ( 1 ) REQUEST THE CITY ATTORNEY TO INVESTIGATE THE COMPLAINT AND REPORT ALL FINDINGS BACK TO THE BOARD; OR (2) SCHEDULE THE COMPLAINT FOR FURTHER REVIEW AND CONSIDERATION, OR } (3) REFER THE COMPLAINT TO THE CITY ATTORNEY FOR CRIMINAL PROSECUTION CONSIDERATION; OR (4) ISSUE SUCH REPORTS; OPINIONS AND FIND4NGS AS THE BOARD DEEMS ADV15ABLE UNDER THE CIRCUMSTANCES AND IN ACCORDANCE WITH THE CITY CHARTER AND ORDINANCES; OR (5) DISMISS THE: COMPLAINT BASED ON ANY OF THE FOLLOWING GROUNDS. W LACK OF JURISDICTION IN THE BOARD OF ETHICS; (B) FAILURE OF THE COMPLAINT TO STATE A CLAIM OF A VIOLATION OF THE. ETHICS PROVISIONS CONTAINED IN THE CHARTER, LAW OR ORDINANCES; (c) FAILURE OF THE COMPLAIK614T TO COOPERATE IN THE ETHIC BOARDS REVIEW AMC) CONSIDERATION OF THE COMPLAINT; OR (6) TAKE SUCH OTHER ACTION WHICH THE BOARD DEEMS NECESSARY AND AS AUTHORIZED BY THE CHARTER OR ORDINANCE. (A) PURSUANT TO MICHIGAN COMPILED LAWS I S.243(B)(1) AND (11), EACH COMPLAINT SHALT. REMAIN CONFIDENTIAL_ UNTIL.THE MEETING AT WHICH THE BOARD OF ETHICS RECEIVES THE ANALYSIS OF THE CITY ATTORNEY. CONTINUED CONFIDENTIALITY OF THE COMPLAINT AND ANY MATERIAL RESULTING FROM THE BOARD'S.REVIEW AND CONSIDERATION SHALL BE DETERMINED ON A CASE-BY-CASE BASIS IN ACCORDANCE WITH THE MICHIGAN FREEDOM OF INFORMATION ACT OR ANY SUCCESSOR LAW. (B) NO PERSON SHALL KNOWINGLY MAKE A FALSE OR MISLEADING STATEMENT IN ANY COMPLAINT FILED Wn-H THE CITY CLERK PURSUANT TO THIS CHAPTER. (C) EXCEPT IN THE CASE OF DJSMISSA:UNDER SECTION 290.03w5)(A AND B), THE BOARD OF ETHICS SHALL NOT ISSUE AN OPINION.OFF ANY COMPLAINT WITHOUT PROVIDING THE PERSON(S).CHARGED WITH WRITTEN NOTICE OF A COMPLAINT AND A REASONABLE OPPORTUNITY TO BE HEARD BEFORE THE BOARD. 290.04 PROHIBITIONS. W NO PERSON, INCLUDING ANY ADMINISTRATIVE BOARD ESTABLISHED UNDER ARTICLE V. CHAPTER 2 OF THE CITY CHARTER, SHALL DIRECTLY OR INDIRECTLY OFFER OR GIVE TO ANY OFFICER, EMPLOYEE OR CANDIDATE; A MEMBER OF THE IMMEDIATE FAMILY OF ANY OFFICER, EMPLOYEE OR CANDIDATE; OR A BUSINESS WITH WHICH ANY OFFICER, EMPLOYEE OR CANDIDATE 1S ASSOCIATED ANY GIFT, LOAN., MONEY, GOODS, SERVICES, CONTRIBUTION, REWARD, EMPLOYMENT OR OTHER THING OF VALUE BASED ON AN AGREEMENT OR UNDERSTANDING THAT A VOTE OR OFFICIAL ACTION OR DECISION OF AN OFFICER, EMPLOYEE OR CANDIDATE WOULD 13E INFLUENCED THEREBY. (B) No OFFICER, EMPLOYEE OR CANDIDATE, A MEMBER OF THE IMMEDIATE FAMILY OF AN OFFICER, EMPLOYEE OR CANDIDATE, OR A.BUSINESS WITH WHICH AN OFFICER, EMPLOYEE OR CANDIDATE IS ASSOCIATED SHALL DIRECTLY OR INDIRECTLY SOLICIT OR ACCEPT ANY PAYMENT, GIFT, LOAN, CONTRIBUITON, MONEY, GOODS, - SERVICES, REWARD, EMPLOYMENT OR OTHER THING OF VALUE BASED ON ANY AGREEMENT OR UNDERSTANDING WITH A PERSON, INCLUDING ANY ADMINISTRATIVE BOARD ESTABLISHED UNDER ARTICLE V, CHAPTER 2 Of THE CITY CHARTER, THAT A VOTE OR OFFICIAL ACTION OR DECISION OF AN OFFICER, EMPLOYEE OR CANDIDATE WOULD BE INFLUENCED THEREBY. (C) IT SHALL BE.PRESUMED THAT A NON-MONETARY GIFT HAVING A VALUE OF LESS THAN $50 DOES NOT EVIDENCE A VIOLATION OF PARAGRAPHS WAND (B) OF THIS SECTION OR OF CODE SECTION .206. 1 5. PARAGRAPHS W AND (B) OF THIS SECTION DO NOT PROHIBIT COMMUNICATION BETWEEN AN INDIVIDUAL OR ORGANIZATON AND A CANDIDATE REGARDING THE CANDIDATES VIEWS, RECORD OR PLANS FOR FUTURE ACTION REGARDING AN ISSUE OR MEASURE IN AN ATTEMPT TO DETERMINE A CANDIDATES VIEWPOINTS OR HOW THE CANDIDATE PLANS TO ACT IN THE FUTURE, IF SUCH COMMUNICATION RESULTS IN AN ENDORSEMENT OF THE CANDIDATE, A DECISION NOT TO ENDORSE THE CANDIDATE, OR A CONTRIBUTION.OR EXPENDITURE REQUIRED TO NE RECORDED OR REPORTED UNDER PUBLIC ACT 3813 OF 1 976, AS AMENDED. (D) NO OFFICER OR EMPLOYEE SHALL FALSELY REPRESENT HIS OR HER PERSONAL OPINION TO BE THE. OFFICIAL P05MON OR DETERMINATION OF THE GOVERNMENTAL BODY OF WHICH HE OR SHE IS A MEMBER OR EMPLOYEE, THIS SUBSECTION SHALL NOT APPLY TO STATEMENTS BY ELECTED-OFFICIALS MADE-IWTHE.COURSE OF FULFILLING THE RESPONSIBIL.lT1ES OF THEIR OFFICE OR IN RUNNING FOR ELECTION TO OFFICE, NOR SHALL IT APPLY To THE PROFESSIONAL OPINIONS OF CITY OFFICERS OR EMPLOYEES RENDERED IN THE COURSE OF PERFORMING THEIR DUTIES, PROVIDED THAT SUCH OPINIONS ARE CLEARLY IDENTIFIED AS PROFESSIONAL OPINIONS, (E) NO OFFICER OR EMPLOYEE SHALL DIVULGE TO ANY UNAUTHORIZED PERSON CONFIDENTIAL INFORMATION ACQUIRED IN THE COURSE OF HOLDING HIS OR HER POSITION IN ADVANCE OF THE TIME PRESCRIBED SY THE GOVERNMENTAL BODY OF WHICH HE OR SHE IS A MEMDER OR EMPLOYEE FOR ITS AUTHORIZED RELEASE TO THE PUBLIC- (F) NO OFFICER OR EMPLOYEE SHALL USE, OR ALLOW OTHERS TO USE, THE AUTHORITY, TITLE., OR PRESTIGE OF HIS OR HER PUBLIC OFFICE. FOR THE ATTAINMENT OF THE OFFICER OR EMPLOYEES, OR THAT OF A MEMBER OF HIS OR HER IMMEDIATE FAMILY'S, PRIVATE FINANCIAL BENEFIT IN ANY MANNER THAT IS INCONS157ENT WITH PUBLIC INTERESTS. (G) AN OFFICER OR EMPLOYEE SHALL NOT USE PERSONNEL, RESOURCES, PROPERTY OR FUNDS UNDER HIS OR HER OFFICIAL CARE AND CONTROL TO OBTAIN PERSONAL FINANCIAL GAIN IN ADDITION TO HIS OR HER OFFICIAL REMUNERATION AS AN OFFICER OR EMPLOYEE FOR HIMSELF OR HERSELF, A MEMBER OF HIS OR HER IMMEDIATE FAMILY, OR A BUSINESS WITH WHICH EITHER IS ASSOCIATED. (H) NO OFFICER OR EMPLOYEE SHALL ACT AS AN ATTORNEY, AGENT OR REPRESENTATIVE OF A PERSON OTHER THAN HIMSELF OR HERSELF, BEFORE THE GOVERNMENTAL BODY OF WHICH SUCH OFFICER OR EMPLOYtE 15 A MEMBER OR EMPLOYEE. THIS PROVISION-SHALL NOT PREVENT AN OFFICER OR EMPLOYEE FROM PERFORMING HIS OR HER RESPONSIBILrTIES AS AN OFFICER OR EMPLOYEE. (1) NO OFFICER OR EMPLOYEE SHALL ACT ON BEHALF OF THE CITY BY MAKING ANY POLICY STATEMENTS, PROMISING TO AUTHORIZE OR TO PREVENT ANY FUTURE ACTION, AGREEMENT OR CONTRACT, WHEN SUCH OFFICER OR EMPLOYEE HAS, IN FACT`, NO..AUTHORIYY TO DO SO. (J) .NO OFFICER OR EMPLOYEE ENGAGE IN A BUSINESS TRANSACTION IN WHICH THE OFFICER, EMPLOYEE, A MEMBER OF HIS OR HER IMMEDIATE FAMILY, OR A BUSINESS WITH WHICH EITHER 15 ASSOCIATED, MAY PROFIT FROM HIS OR HER OFFICIAL POSITION OR ALIIHORTTY, OR BENEFIT FINANCIA LY FROM CONFIDENTIAL INFORMATION WHICH THE OFFICER OR EMPLOYEE HAS OBTAINED OR MAY OBTAIN BY REASON OF THAT.POSITION OR AUTHORITY. THIS SUBSECTION SHALL. NOT PROHIBIT EMPLOYMENT OR A CONTRACT TO CONDUCT INSTRUCTION WHICH 1S NOT DONE DURING REGULARLY SCHEDULED WORKING HOURS, EXCEPT FOR.ANNUAL LEAVE OR VACATION TIME, IF THE OFFICER OR EMPLOYEE DOES NOT HAVE ANY DIRECT DEALING WITH OR INFLUENCE ON THE EMPLOYING OR CONTRACTING PERSON OR ENTITY IN PERFORMING HIS OR HER OFFICIAL DUTTES'FOR THE CITY. (K) EXCEPT AS OTHERWISE PROVIDED BY LAW, NO OFFICER OR EMPLOYEE SHALL PARTICIPATE 1N, VOTE UPON OR ACT UPON, CONTRACTS, THE MAKING OF LOANS OR GRANTS OF PUBLIC FUNDS, THE GRANTING OF SUBSIDIES, FIXING OR RATES, ISSUANCE OF PERMITS OR CERTIFICATES, OR OTHER REGULATION OR SUPERVISION RELATING TO ANY BUSINESS IN WHICH THE OFFICER OR EMPLOYEE, OR A MEMBER OF HIS OR HER IMMEDIATE FAMILY, OR ANY BUSINESS WITH WHICH EITHER IS ASSOCIATED HAS A FINANCIAL OR PERSONAL INTEREST, OTHER THAN AN INTEREST AS A CITIZEN, OFFICER OR EMPLOYEE OF THE CITY. (L) 1N ADDMO.N TO THE PROVISIONS SET FORTH IN CHARTER SECTION 5-505. i , NO OFFICER OR EMPLOYEE, SHALL FAIL TO DISCLOSE IN WRITING TO THE BOARD OF ETHICS A CONFLICT OF INTEREST OR ANY FINANCIAL INTEREST OTHER THAN AS A CITIZEN OF THE CRY IN ANY MATTER PRIOR TO ANY ACTION BY THE CITY IN THAT � MATTER, NOTHING IN THIS S!~CTlON SHALL PROHIBIT THE REQUEST OF AN INFORMAL OPINION BY AN OFFICER TENTIAL CONFLICT OF IITEREST. NEITHER THE OR EMPLOYEE FROM THE ETHICS BOARD REGARDING A PO FILING OF A REQUEST FOR AN INFORMAL OPINION, NOR THE MAKING OF A STATEMENT CONCERNING A POTENTIAL CONFLICT OF INTEREST PURSUANT TO SEC-nqN 290.05(A), SHALL CREATE A PRESUMPTION OR INFERENCE THAT AN OFFICER OR EMPLOYEE ACTUALLY HAS A CONFLICT OF INTEREST CONCERNING THE MATTER FILED WITH O THE ETHICS BOARD OR DISCLOSED ON THE PUBLIC RECORD. (M) NO PERSON SHALL IDIRECTLY OR INDIRECTLY SOLICIT, AGREE, AID OR ASSIST ANY OFFICER OR EMPLOYEE TO VIOLATE THIS CHAPTER. (N) THE PROVISIONS AND PROHIBITIONS SET FORTH IN THIS SECTION 2-90.04 SHALL NOT BE CONSTRUED TO PROHIBIT OR RESTRICT CITY EMPLOYEES FROM NEGOTIATING, ENTERING INTO OR ENFORCING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND A LABOR UNION TO WHICH THE EMPLOYEE BELONGS PURSUANT TO STATE OR FEDERAL LAW. (0) THE PROVISIONS AND PROHIBITIONS SET FORTH IN THIS SECTION 290.04 ARE SUBJECT TO THE APPLICABLE PROVISIONS AND PROCEDURES OF THE STATE STATUT TI E ENTLED CONTRACTS OF PUBLIC SERVANT" W931 pueuc ENTITIES', BEING MCL 15.32 1 . ET SEQ. AS THE SAME MAY BE AMENDED FROM N ANY TO TIME. IN THE EVENT OF A CONFLICT BETWEEN THIS SECTION 290.04 AND THE STATE STATUTE PARTICULAR CASE, THE STATE STATUTE SHALL PREVAIL. 290.05 PAR-IICIPATION IN GOVERNMENTAL DECISIONS. (A) A MEMBER OF CITY COUNCIL WHO IS REQUIRED TO MAKE A MOTION TO RECUSE HERSELF/HIMSELF, OR WHO IS THE SUBJECT OF A MOTION TO RECUSE HERSELF/HIMSELF, ON ANY QUESTION BEFORE THE COUNCIL SHALL, BEFORE THE MATTER IS BROUGHT TO A VOTE, FIRST MAKE A DISCLOSURE FOR THE PUBLIC RECORD TO THE COUNCIL PRESIDENT OF THE CONFLICT OF INTEREST OR THE FINANCIAL INTEREST OTHER THAN AS A CITIZEN OF THE CITY, IF ANY, OR ALTERNATIVELY EXPLAINING WHY, DESPITE ANY POTENTIAL CONFLICT, SUCH MEMBER OF COUNCIL IS ABLE TO VOTE AND OTHERWISE PARTICIPATE FAIRLY, OBJECTIVELY AND IN THE PUSUC ' INTEREST. A STATEMENT SHALL BE ENTERED IN FULL IN THE MINUTES OR OTHER OFFICIAL RECORD OF THE LEGISLATIVE BODY. THE CLERK SHALL_ FORTHWITH FORWARD ANY SUCH STATEMENT ON TO THE ETHICS BOARD. COMPLIANCE WITH THE PROVISIONS OF THIS SECTION 290.05W BY AN ELECTED OFFICIAL SHALL BE DEEMED COMPLIANCE WITH SECTION 290.04(L). (SYTHE PROVISIONS AND PROHIBITIONS SET FORTH IN THIS SECTION 290.05 SHALL NOT BE tNTERPRETED TO PROHIBrT OR RESTRICT AN EMPLOYEE FROM ENGAGING JN NEGOTLATIONS, APPROVAL AND ENFORCEMENT OF A COLLECTIVE BAROALNING AGREEMENT BETWEEN THE CITY AND A LABOR UNION TO WHICH THE EMPLOYEE BELONGS PURSUANT TO STATE AND FEDERAL LAWS, (C) THE PROVISIONS AND PROHIBITIONS SET FORTH IN THIS SECTION 290.05 ARE SUBJECT TO THE APPLICABLE PROVISIONS AND PROCEDUE?ES OF THE STATE STATUTE ENTITLED CONTRACTS OF PUBLIC SERVANTS WITH PUBLIC ENTITIES BEING MCL. 1 5.32 1 . ET SEQ., AS THE SAME MAY BE AMENDED FROM TIME TO TIME, IN THE EVENT OF A CONFLICT BETWEEN THIS SECTION 290.05 AND THE STATE STATUTE IN ANY PARTICULAR CASE, THE STATE STATUTE SHALL PREVAIL. 290.06 INVESTIGATIVE ASSISTANCE, ALL CITY OFFICERS AND EMPLOYEES SHALL FULLY AND TRUTHFULLY RESPOND TO ANY INQUIRIES BY THE CITY ATTORNEY OR THE BOARD OF ETHICS IN INVESTIGATING ANY COMPLALNT OF A VIOLATION OF THIS CHAPTER. ALL CITY EMPLOYEES AND ELECTED OR APPOINTED OFFICIALS OF-THE CITY SHALL COOPERATE WITH ANY INVESTIGATIONS BY THE BOARD OF ETHICS; SUCH COOPERATION SHALL INCLUDE THE COMPILATION AND PRODUCTION OF ANY INFORMATION REQUESTED BY THE BOARD DURING AN INVESTIGATION UNLESS THE INFORMA-noN REQUESTED IS EXEMPT FROM DISCLOSURE UNDER THE APPLICABLE STATE LAW. 290.07 DISTRIBUTION OF COPIES OF CHAPTER. THE DEPARTMENT OF PERSONNEL AND TRALNING SHALL PROVIDE A COPY OF CHAPTER 5 ARTICLE V OF THE CITY CHARTER AND OF THIS CHAPTER TO EACH OFFICER AND EMPLOYEE OF THE CITY, 290.06 STATEMENTS OF FINANCIAL INTERESTS. W FOR PURPOSES OF THIS SECTION, THE FOLLOWING PERSONS SHALL BE REFERRED TO AS "REPORTING INDIVIDUALS": ( 1 ) EACH ELECTED OFFICER AND (2) EACH APPOINTED OFFICER, INCLUDING APPOINTED OFFICERS OF THE BOARD OF WATER AND LIGHT, BUT EKCLUDLNG MEMBERS OF BOARDS, COMMISSIONS OR AGENCIES OF THE CITY. (B) EACH REPORTING INDIVIDUAL SHAH, FILE BY MAY I OF EACH YEAR, A SWORN WRITTEN STATEMENT OF FINANCIAL INTERESTS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,.UNLESS (S)HE HAS ALREADY FILED A STATEMENT IN THAT CALENDAR YEAR - - - - (C) STATEMENTS OF FINANCIAL INTEREST SHALL ALSO BE FILED BY THE FOLLOWING: (-I) AN-E-L-E-C"fI D-OFF-ICER-AT THE-TIMEsJF F_IUNG-HER/-HIS-OATH OF OFFICE; (2) A REPORTING INDIVIDUAL WHOSE APPOINTMENT TO OFFICE IS SUBJECT TO CONFIRMATION BY THE CITY COUNCIL AT THE TIME WHEN HER/HIS NAME IS SUBMITTED TO THE COUNCIL FOR CONSIDERATION; (3) ANY OTHER PERSON AT THE TIME (S)HE BECOMES A REPORTING INDIVIDUAL. (D) THE DEPARTMENT OF PERSONNEL SERVICES, THE FINANCE DIRECTORS OFFICE, CITY COUNCIL STAFF AND THE OFFICE OF THE MAYOR SHALL COOPERATE WITH THE CITY CLERK IN NOTIFYING INDIVIDUALS OF THEIR OBLIGATION TO FILE STATEMENTS OF FINANCIAL INTERESTS AND IN EFFECTING THE FILING OF SUCH STATEMENTS- (E) NO APPOINTED OFFICER OR EMPLOYEE SHALL BE ALLOWED TO TAKE THE OATH OF OFFICE OF SHALL- ENTER A ENTER INTO OR CONTINUE HER/HiS DUTIES, UNLESS (S)HE HA-5 FILED A STATEMENT OF FINANCIAL INTERESTS i AS REQUIRED BY THIS CHAPTER. (F) STATEMENTS OF FINANCIAL INTERESTS SHALL CONTAIN THE FOLLOWING INFORMATION-. ( 1 ) THE NAME, ADDRESS, AND TYPE OF ORGANIZATION (OTHER THAN THE CITY) IN WHICH THE REPORTING INDIVIDUAL WAS AN OFFICER, DIRECTOR, ASSOCIATE, PARTNER, PROPRIETOR OR EMPLOYEE, Op SERVED IN ANY ADVISORY CAPACITY, AND FROM WHICH ANY INCOME IN EXCESS OF $2,500 WAS DERIVED DURING THE PRECEDING YEAR. (2) THE IDENTITY OF ANY CAPITAL. ASSET, LOCATED WITHIN THE CITY OF LANSING, INCLUDING THE ADDRESS OR LEGAL DESCRIPTION OF REAL ESTATE FROM WHICH THE REPORTING INDIVIDUAL REALIZED A CAPITAL GAIN OF $5,000 OR MORE IN THE PRECEDING CALENDAR YEAR OTHER THAN THE SALE OF THE REPORTING INDIVIDUALS PRINCIPAL PLACE OF RESIDENCE. (3) THE NAME OF ANY UNIT OF GOVERNMENT, OTHER THAN THE CITY, WHICH EMPLOYED THE REPORTING INDIVIDUAL DURING THE PRECEDING CALENDAR YEAR. (4) THE. NAME OF ANY PERSON, BUSINESS OR-ORGANIZATION FROM WHOM THE REPORTING INDIVIDUAL RECEIVED DURING THE PRECEDING CALENDAR YEAR ONE OR MORE GIFTS OR HONORARIA HAVING AN AGGREGATE VALUE IN EXCESS OF $500, BUT NOT INCLUDING GIFTS FROM "RELATIVES, NOR A CAMPAIGN•CONTRIBUTION OR bC IT E'ENDURE REQUIRED TO BE RECORDED OR REPORTED UNDER PuBuc ACT 368 OF 1 97fi;�As AMENDED. (5) THE NAME AND INSTRUMENT OF OWNERSHIP IN ANY ENTITY CONDUCTING BUSINESS IN THE CITY, IN WHICH THE REPORTING INDIVIDUAL, OR A MEMBER OF THE INDIVIDUALS IMMEDIATE FAMILY HAD.A FINANCIAL INTEREST DURING THE PRECEDING CALENDAR YEAR. OWNERSHIP INTERESTS IN RU13UCLY HELD CORPORATIONS NEED NOT SE DISCLOSED. (6) . THE IDENTITY OF ANY FINANCIAL INTEREST IN REAL ESTATE LOCATED IN THE CITY OR OTHER JURISDICTIONS WITHIN WHICH THE CITY,MAY OWN REAL ESTATE OR PUBLIC UTILITY IMPROVEMENTS. OTHER THAN THE PRINCIPAL PLACE OF RESIDENCE OF THE REPORTING INDIVIDUAL, AND THE ADDRESS OR, IF NONE, THE LEGAL DESCRIPTION OF THE REAL ESTATE, INCLUDING ALL FORMS OF DIRECT OR INDIRECT OWNERSHIP SUCH AS PARTNERSHIPS OR TRUSTS OF WHICH THE CORPUS CONSISTS i PRIMARILY OF REAL ESTATE. (7) THE NAME OF, AND THE 'NATURE OF-THE CITY ACTION REQUESTED BY, ANY PERSON WHICH HAS APPLIED TO THE CITY FOR ANY LICENSE OR FRANCHISE, OR ANY PERMIT FOR ANNEXATION, ZONING OR REZONING -OF REAL ESTATE DURING THE PRECEDING CALENDAR YEAR IF THE REPORTING INDIVIDUAL OR A MEMBER OF THE INDIVIDUAL'S IMMEDIATE FAMILY HAS A FINANCIAL INTEREST IN SUCH PERSON. (6) THE NAME OF ANY PERSON DOING INDEPENDENT CONTRACTING BUSINESS WITH THE CITY IN RELATION To WHICH BUSINESS THE REPORTING INDIVIDUAL HAD A FINANCIAL INTEREST DURING THE PRECEDING CALENDAR YEAR, AND THE TITLE OR DESCRIPTION OF.ANY POSITION HELD. BY THE REPORTING INDIVIDUAL IN SUCH PERSON. (G) FORM FOR STATEMENT OF FINANCIAL INTERESTS. TYPEWRITTEN OR PRINTED STATEMENTS OF FINANCIAL INTERESTS ARE TO SE FILED WITH THE CITY CLERK THE STATEMENT SHALL BE VERIFIED, DATED, AND SIGNED BY THE REPORTING 1ND{VIDUAL PERSONALLY. IT SHALL BE SUBMITTED ON A FORM APPROVED BY THE BOARD OF ETHICS. (H) FILING OF STATEMENTS. ( I ) THE.CC[Y'S FINANCE DIRECTOR AND THE. PERSONNEL DIRECTOR SHALL CERTIFY TO THE CITY CLERK A UST (CURRENT AS OF THE PRIOR JANUARY I ) OF THE NAMES AND MAILING ADDRESSES OF THE PERSONS WHO ARE REQUIRED TO FILE A STATEMENT OF FINANCIAL_ INTERESTS IN THE CURRENT YEAR. (2) THE CITY CLERK SHALL, IN WRITING, NOTIFY ALL PERSONS REQUIRED TO FILE STATEMENTS OF FINANCIAL INTERESTS UNDER THIS SECTION. NOTICE SHALL BE DELIVERED BY FIRST CLASS M,L TO THE LAST KNOWN ADDRESS APPEARING IN CITY RECORDS. (3) ALL.STATEMENTS OF FINANCIAL INTERESTS SHALL BE AVAILABLE FOR EXAMINATION AND DUPLICATION BY THE PUBLIC IN THE OFFICE OF THE CITY CLERK DURING THE REGULAR BUSINESS HOURS OF THE CITY OF LANSING, EXCEPT AS OTHERWISE PROVIDED BY LAW. COSTS OF DUPLICATING THE STATEMENT OF FINANCIAL INTERESTS SHALL BE PAID BY THE PERSON REQUE5TING THE DUPLICATION. (4) No PERSON SHALL USE FOR ANY COMMERCIAL PURPOSE INFORMATION CONTAINED IN OR COPIED FROM STATEMENTS OF FINANCIAL INTERESTS REQUIRED TO BE FILED BY THIS CHAPTER OR FROM LISTS COMPILED FROM SUCH STATEMENTS, i (1) FAILURE TO FILE STATEMENTS BY DEADLINE ( I ) THE CITY CLERK SHALL NOTIFY ANY PERSON WHO FAILS TO FILE SUCH A STATEMENT BY MAY I OF EACH YEAR, BY CERTIFIED MAIL OF HER/HIS FAILURE TO FILE BY THE SPECIFIED DATE. SUCH PERSON SHALL FILE HER/HIS STATEMENT ON OR BEFORE MAY 3 1 , ALONG WITH A LATE FILING FEE OF $20.00. FAILURE TO FILE BY MAY 3 1 SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER, EXCEPT AS PROVIDED IN SUBSECTION (3). (2) ANY PERSON WHO FIRST BECOMES SUBJECT TO THE REQUIREMENT TO FILE A STATEMENT OF FINANCIAL INTERESTS WITHIN 30. DAYS PRIOR TO MAY I OF ANY YEAR SHALL BE NOTIFIED AT THAT TIME BY THE APPOINTING OR EMPLOYING AUTHORITY OF THE OBLIGATION TO FILE AND SHALL FILE HIS STATEMENT AT ANY TIME ON OR BEFORE MAY 3 1 WITHOUT PENALTY. THE APPOINTING OR EMPLOYING AUTHORITY SHALL NOTIFY THE CITY CLERK OF THE IDENTITY OF SUCH PERSONS. IF SUCH PERSON FAILS TO FILE A STATEMENT BY MAY 3 1 , THE CITY CLERK SHALL NOTIFY SUCH PERSON BY CERTIFIED MAIL OF HER/HIS FAILURE TO FILE BY THE SPECIFIED DATE. SUCH PERSON SHALL FILE HER/HIS STATEMENT OF FINANCIAL INTERESTS ON OR BEFORE JUNE 1 5, ALONG WITH A LATE FILING FEE OF $20.00. FAILURE TO FILE BY JUNE 15 SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER, EXCEPT AS PROVIDED IN SUBSECTION (3); (3) A PERSON WHO IS REQUIRED"TO•FILE SUCH STATEMENTS OF FINANCIAL INTEREST MAY HAVE ONE THIRTY DAY-FILING EXTENSION BY FILING A NOTICE WITH THE CITY CLERK BY YHE DATE ON WHICH THE STATEMENT OF FINANCIAL INTEREST IS DUE. FAILURE TO FILE BY THE EXTENDED DEADLINE SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER. (4) A STATEMENT OF FINANCIAL INTEREST IS CONSIDERED FILED WHEN IT IS RECEIVED BY THE CITY CLERK. 290.09 LOBBYIST AND CONTRACTOR DISCLOSURE. W ALL CITY OFFICERS AND EMPLOYEES SHALL COMPLY WITH THE PROVISIONS OF MCL 4.41 1 , = SEQ., AS THE SAME MAY BE AMENDED FROM TIME TO TIME, BEING THE STATE ACT REGULATING LOBBYISTS, LOBBYING AGENTS, AND LOBBYING ACTIVITIES, TO THE EXTENT THAT THE STATUTORY PROVISIONS ARE APPLICABLE TO THE OFFICERS OR EMPLOYEES ACTIVITIES. (B) ALL CONTRACTORS OR VENDORS HAVING CONTRACTUAL RELATIONSHIPS OR OPEN PURCHASE ORDERS WITH THE CITY SHALL FULLY DISCLOSE IN WRITING TO THE CITY CLERK AND THE BOARD OF ETHICS THE EXISTENCE OF ANY EMPLOYMENT, PARTNERSHIP OR OWNERSHIP RELATIONSHIP THE CONTRACTOR OR VENDOR HAS'WITH A FORMER EMPLOYEE OR OFFICER OF THE CITY IF SUCH RELATIONSHIP WAS CREATED WITHIN ONE YEAR. FROM THE DATE THE OFFICER OR EMPLOYEE TERMINATED EMPLOYMENT WITH THE CITY. (C) THE PROVISION CONTAINED IN SECTION 290.09(B) SHALL BE INCLUDED WITHIN EVERY CITY CONTRACT AND PURCHASE ORDER. 290. 10 PENALTIES. (A) VIOLATION BY ANY PERSON OF ANY PROVISION OF THIS CHAPTER SHALL BE A MISDEMEANOR (B) A VIOLATION OF ANY PROVISION OF THIS CHAPTER MAY CONSTITUTE A GROUND FOR FORFEITURE OF OFFICE IN PROCEEDINGS BROUGHT PURSUANT TO CHARTER 2-302. (C) THE PENALTIES PRESCRIBED IN THIS SECTION SHALL BE CUMULATIVE AND-NOT EXCLUSIVE OF EACH OTHER. 290. 1 1 EDUCATION. THE BOARD OF ETHICS SHALL DEVELOP A PLAN FOR IMPLEMENTATION OF A PROGRAM TO EDUCATE PERSONS SUBJECT TO THE TERMS OF THIS CHARTER ABOUT THEIR DUTIES AND RESPONSIBILITIES HEREUNDER 290. 1 2 WHISTLE-BLOWER PROTECTION. W THE PROVISIONS OF THE WHISTLE-BLOWER'S PROTECTION ACT MCL 1 5.36 1 , 'T S_ EQ. ARE INTENDED TO APPLY TO EMPLOYEES WHO REPORT A VIOLATION OR SU5PECTED VIOLATION OF THIS CHAPTER. (B) THE CITY SHALL NOT DISCHARGE, THREATEN. OR OTHERWISE DISCRIMINATE AGAINST AN EMPLOYEE REGARDING THE EMPLOYEES COMPENSATION. TERMS, CONDITIONS, LOCATION, OR PRCVILEGES OF EMPLOYMENT BECAUSE THE EMPLOYEE, OR A PERSON ACTING ON BEHALF OF EMPLOYEE, REPORTS OR IS ABOUT TO REPORT, OR IS PERCEIVED TO HAVE REPORTED OR BE ABOUT TO REPORT, VERBALLY OR IN WRITING, A VIOLATION OR SUSPECTED VIOLATION OF THIS CHAPTER, UNLESS THE EMPLOYEE KNOWS THAT THE REPORT IS FADE, OR BECAUSE AN EMPLOYEE 15 REQUESTED BY THE CITY, OR ANY AGENCY OR OFFICER THEREOF, TO PARTICIPATE IN AN INVESTIGATION, HEARING, OR INOUIRY HELD. BY THE CITY, AGENCY OR OFFICIAL, SECTION 2, ALL ORDINANCES, RESOLUTIONS OR RULES, PARTS OF ORDINANCES, RESOLUTIONS OR RULES INCONSISTENT WITH THESE PROVISIONS ARE REPEALED. SECTION 3. SHO.ULD ANY SECTION, CLAUSE OR PHRASE OF THIS ORDINANCE BE DECLARED TO BE INVALID, THE SAME SHALL NOT AFFECT THE VALIDITY OF THE ORDINANCE AS A WHOLE, OR ANY PART OTHER THAN THE PART SO DECLARED TO BE INVALID. SECTION 4. THIS ORDINANCE SHALL TAKE EFFECT ON THE 30TH DAY AFTER ENACTMENT UNLESS GIVEN IMMEDIATE EFFECT BY THE CITY COUNCIL.. SECTION 5. THIS ORDINANCE SFiA1! EXPIRE 10 YEARS FROM THE DATE OF ITS PASSAGE 13Y THE CITY COUNCIL UNLESS READOPTED.PRIOR TCP.THAT TIME. MARILYNN SLADE. CITY CLERK REPORT OF COMMITTEE THE COMMITTEE ON DEVELOPMENT AND PLANNING, TO WHOM WAS REFERRED THE REVISED RULES OF ADMINISTRATIVE PROCEDURE FOR THE LANSING PLANNING BOARD, REPORTS AS FOLLOWS: THE COMMITTEE HAS REVIEWED THIS MAJOR REVISION TO THE BOARDS RULES, AND HAS NO OBJECTIONS OR RECOMMENDATIONS, THE RULES ARE ATTACHED FOR TRANSMITTAL, SO THEY MAY BE PLACED ON FILE AND ALLOWED TO GO INTO EFFECT. SIGNED: RICHARD J. LILLY, CHAIR SANDY ALLEN JOAN BAUER ATTACHMENT: I I/27/96 RULES [NEED NOT BE PRINTED] BY COUNCILMEMBER LILLY: THAT THE REPORT OF THE COMMITTEE BE RECEIVED. CARRIED UNANIMOUSLY � � i �r S '"G Department of Law MEM01MDUM REFERRED TO THE COMMITTEE ON arc H t 4� DEVELOPMENT PLANNING O: MARILYNN SLADE, CITY CLERK "ROM: JOHN M. ROBERTS IOR ASSISTANT CITY ATTORNEY ')ATE: November 27, 1996 REVISED PLANNING BOARD RULES OF PROCEDURE The Lansing Planning Board transmitted to this office its proposed amend men ts�fo the Planning Board's Rules of Procedure. The referenced appendices are self-eXplantory. Pursuant to § 5-105 of the Lansing City Charter, this office is herewith transmitting the proposed rules to you after they have been approved as to form. The Charter establishes the procedure for final acceptance of the rules by Council as follows: 5-105 .8 All rules of procedure shall be submitted to the City Attorney for approval as to form. The rules shall then be submitted to the City Clerk for transmission to the City Council. The rules shall be effective at the conclusion of the Council meetings at which they are r - received unless the Council directs otherwise. " r_Ccs .9 The Council may object to the rules in whole or in part C:_ and may return them to the board proposing their -� —,- adoption with a statement of its objections and recommendations. =' �5: Please transmit the proposed rules to the City Council for its appropriate action. Thank you for your assistance. JMR/sp Attachment cc: Mayor Hollister w/attachment Dennis Sykes wlo attachment Eleanor Love w/o attachment James D. Smiertka w/o attachment c:lwpwinlmemoslclerk.jm rlsp i, I! 'i j. I'. ��. -1. 'r �. �' I i I N T E R MEMO O F F I C E . To: Jack Rob/mended �Gityore From: Eleanor K Subject: Planning ules of Procedure Date: Novembe The Lansing Planning Board has made major amendments to their.existing Rules of Procedure. In accordance with the Lansing City Charter, the Planning Board is forwarding the amended version to the City Attorney's Office for review prior to City Council concurrence. Please review these materials and forward them to City Council for final action. Should you have any questions, please do not hesitate to contact me. Thank you in advance for your prompt consideration of this matter. PART I Rev. 11/27/96 admnpr1l RULES OF ADMINISTRATIVE PROCEDURE The following rules of procedure are adopted by the Lansing Planning Board to facilitate the performance of its duties and the exercising of its responsibilities, functions and powers in accordance with ACT 285 of the Public Acts of 1931, as amended (ACT 285), other applicable statutes, the Lansing City Charter and applicable city ordinances. A copy of ACT 285 and the Lansing City Charter are included as Appendices 1 and 2 respectively. Section 1.0 Officers and Ex-Officio Members 1.1 Selection of Officers A. The Board shall, at the first meeting in September, elect from among the voting members a Board Chairperson and Vice Chairperson. B. Whenever both positions are vacated for whatever reason, the remaining members shall elect from the seated members a new chairperson and vice chairperson, to fulfill the unexpired terms. C. The Planning Manager shall be the designated Secretary of the Planning Board. The Planning Manager may appoint a member of the planning staff as the secretary designee. j 1.2 Tenure A. The Chairperson and Vice Chairperson shall take office at the first meeting following their election and shall hold office for a term of one year or until their successors are selected and assume office. B. No Board Chairperson or Vice Chairperson shall serve more than two consecutive terms in that position. C. In the event a Chairperson is unable to complete the term of office, the Vice Chairperson shall assume those duties of the Chair. Fulfilling the unexpired term of a predecessor shall not be counted as one of the two consecutive terms. MAOVE/DAIT F RM ONLY cxr �rroFw�rr