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HomeMy WebLinkAboutBoard of Ethics Rules of Procedures all past versionsRULES OF PROCEDURE BOARD OF ETHICS OF THE CITY OF LANSING 1. Regular meetings of the Board of Ethics shall be held at 5:30 p.m. on the second Tuesday of every month at the Chambers of the City Council or at such other place as may be designated by the presiding officer of the Board of Ethics or by a majority of the voting members of the Board of Ethics. 2. Special meetings of the Board of Ethics may be called by the presiding officer of the Board of Ethics or any three voting members of the Board of Ethics. Notice of any such special meeting shall be provided to each member of the Board of Ethics by personally serving notice of the time, place and subject matter of such special meeting on each member or, alternatively, by leaving a written copy of the notice of the time, place and subject matter of the meeting atthe private residence of such members at least twenty-four hours prior to the time of said meeting or by sending notice of the time, place and subject matter of such a meeting to each member of the Board of Ethics by first class mail, postage prepaid addressed to the home address of each such member with such mailing being made at least five days prior to the time of the meeting or, if the voting member so designates, by transmitting a facsimile to the number that the member provides of notice of the time, place and subject matter of such a meeting at least three days prior to the time of the meeting. The requirement of proper notice to a member of a special meeting shall be waived by the attendance of such a member at the special meeting. 3. Notice of the time and place of all meetings of the Board of Ethics shall be posted on the City Hall bulletin board on the first floor of City Hall. The schedule of the regular meetings shall be so posted within ten days after the first meeting in each calendar year. A change in the schedule of regular meetings shall be so posted within three days after the meeting at which the change is made and a rescheduled regular or a special meeting shall be so posted at least eighteen hours before the meeting. 4. All meetings shall be open to attendance by members of the public except where the Board enters executive session for a reason for which an executive session is permissible pursuant to the Open Meetings Act of the State of Michigan as it now exists and may be amended in the future. (PA 1976, No. 267, MCL 15.261 et seq.) 5. Any member of the public so desiring will be permitted to address the Board at any open meeting of the Board of Ethics subject to any time limit imposed by the board. 6. Any voting member of the Board of Ethics who fails to attend three consecutive meetings of the Board without being excused from attendance [by a vote of majority of the Board] may be removed from the Board of Ethics. Such removal may be effected by the majority vote of the remaining voting Board members of the Board of Ethics. Page 1 of 6 Pages 7.1 Voting Members of the board of ethics shall be residents of the city of lansing and shall hold no elective public office or other city office or employment. If, during a public member's term on the board such member is elected to public office or becomes a city officer or employee, said member shall immediately upon taking such office or employment be disqualified as a board of ethics member and said position shall be deemed vacant and subject to appointment pursuant to section 5-502.2 of the lansing city charter for the unexpired portion of that member's term. 7.2 If an issue beforethe board of ethics involves any member of the board, such member shall not participate in board deliberations pertaining to the member's issue and said member shall be ineligible to vote on any action concerning the issue. 7.3 All voting members of the board of ethics in attendance at a properly convened meeting of the board shall vote on all matters before the board unless recused from voting on a particular matter. 7.4 Except as provided in subsection 7.1 of these rules of procedure, a voting member of the board of ethics shall hold office until a member's successor is appointed, unless that member has resigned or been removed. 8. The officers of the Board of Ethics shall be a Chairperson, Vice Chairperson and Secretary. 8.1 The Chairperson shall preside over all meetings of the Board of Ethics and shall be selected annually for a term of one year from among the voting members of the Board of Ethics. The chairperson and vice chairperson shall be selected at the first regular meeting in july of each year by the affirmative vote of a majority of the VOTING members of the Board of Ethics. The chairperson or vice chairperson shall not serve more than two consecutive terms in each respective position. 8.2 The terms of office for the Chairperson and Vice Chairperson shall expire upon the date of June 30th of each year or the election of a successor whichever shall later occur OR upon resignation or removal of that person from the Board of Ethics. 8.3 The Vice Chairperson shall preside and perform the duties of the Chairperson in the case of the absence of or inability of the Chairperson to perform his or her duties. If the chairperson is unable to complete the term of office, the vice chairperson shall assume the duties of the chair. Fulfilling the unexpired term of the chairperson or vice chairperson shall not be considered a term for purposes of computing two consecutive terms under subsection 8.1. Page 2 of 6 Pages 8.4 The recording Secretary of the Board of Ethics shall be the City Clerk who shall be responsible for preparing and keeping the minutes and records of the Board and for such other administrative support as may be needed from time to time. The city clerk shall be an ex officio member of the board. 8.5 The city attorney shall serve.as legal advisor to the board ofethics and shall be an ex officio member of the board. 9. The minutes of the Board of Ethics shall be kept in the office of the City Clerk and shall be available for inspection by members of the public except for the minutes of Executive sessions which were closed pursuant to the Open Meetings act of the State of Michigan. All other records of the Board of Ethics shall be available for inspection and duplication by the public unless the release of such records to the public is prohibited by law or unless law permits such records to be withheld from the public and the Board of Ethics approves the withholding of such records. 10. A majority of the voting members seated on the board of ethics shall constitute a quorum for conducting business at a meeting of the board. 11. Any action of the Board of Ethics shall require the concurrence of the majority of the voting members serving on the Board at a duly constituted and convened meeting of the board. 12. The Board shall consider all requests for opinions at the meeting first following receipt of the request. 12.1 All requests for opinions shall be submitted in writing to the Lansing City Clerk. 12.2 Any member of the Board of Ethics receiving a request for an opinion shall immediately forward such request to the Lansing City Clerk. 12.3 Each request for an opinion shall be signed by the person making the request. 12.4 Upon receipt of a request for an opinion, the Lansing City Clerk shall forthwith forward a copy of such request to each member of the Board of Ethics. At the next meeting following receipt of a request for an opinion, the Board of Ethics shall determine whether or not it will render an opinion in response to the request therefor and whether the opinion will be formal or informal pursuant to the Lansing city charter and the Ian sing code of ordinances. Page 3 or6 Pages 12.5 In the event the Board of Ethics elects to prepare an advisory opinion in response to a request, the City Attorney shall prior to the next meeting of the Board of Ethics after the decision to render the opinion is made, research all legal aspects of the opinion requested and prepare legal memorandum to all members of the Board setting forth the results of that research and making such recommendations as the City Attorney shall deem advisable. A copy of that memorandum shall be provided all members of the Board of Ethics and the City Attorney or his representative shall be present at said meeting to advise the Board. 12.6 No opinion shall be rendered by the Board of Ethics unless the substance and final text is concurred with at a duly constituted and convened meeting by a majority of the voting members seated on the Board. 12.7 Preliminary drafts and research memorandums prepared in connection with any request for an opinion shall not constitute the view or position of the Board of Ethics of the City of Lansing nor shall such memorandum or draft opinions be released to or made available for inspection by the public unless such inspection or release is approved by a majority of the voting members of the board of ethics at a duly constituted and convened meeting or unless such disclosure is ordered by a Court of law or administrative agency with competent jurisdiction to make such an order or unless the City Attorney of the City of Lansing advises in writing that the release or inspection of such papers is legally requiredo; provided, however, that once a formal opinion has been approved and released, all Memoranda and written recommendations by the City Attorney's Office shall be available for inspection. 12.8 The approval of an opinion of the Board of Ethics shall be by roll call vote which shall be recorded in the minutes of the Board. 13. All points of procedure not specifically covered in this document shall be determined by reference to Mason's Legislative Manual. 14. On a tie vote a motion is lost and no action of the Board has been taken. 15. Opinions of the Board shall be issued and dealt with in a manner least likely to reveal the identity of the person concerned. Upon receipt of an opinion request the City Clerk may, in his or her discretion, delete the name of the person involved, substituting therefor any other designation which is not likely to be confused with any other person. 16. At the first meeting of each calendar year, the Board of Ethics shall request the City Clerk to provide the Board with any documents required to be filed under ordinances adopted by the City of Lansing for the purpose of establishing standards of conduct for officers and employees. Upon receipt of such documents, the Board of Ethics Pags 4 of 6 Pages shall review the same in a timely fashion and may take such action regarding said documents as it deems proper. 17. Nothing contained in these rules of procedure shall alter or amend the duties, functions and authority of the board of ethics as is prescribed in the Lansing city charter and the Lansing code of ordinances. 18. These rules of procedure may be amended by the board of ethics by a majority vote of the voting members serving on the board during any regular meeting, provided that all members were provided three days prior to said meeting with the full text of proposed amendment. Any amendment to these rules of procedure shall not take effect until approved by city council. c:\wp\data\boe\rules.d#5/kmc Page 5 of 6 Pages SUBMITTED TO THE CITY COUNCIL ON 12/16/96; NO OBJECTIONS ENTERED DRAFT #6: 12/10/96 c:\WP\DATA\BOE\RULE.D#6/KMC PROPOSED AMENDMENTS TO RULES OF PROCEDURE FOR THE BOARD OF ETHICS NOTE: Proposed new language is shown in BOLD CAPITAL LETTERS; THE MOST RECENT DRAFT REFLECTS THE PROPOSED NEW LANGUAGE IN BOLD SHADED PRINT. Proposed deletions are printed in strike through. RULES OF PROCEDURE BOARD OF ETHICS OF THE CITY OF LANSING 1. Regular meetings of the Board of Ethics shall be held at 5130 5-!-GB-p.m. on the Fourth SECOND Tuesday of every month at the Chambers of the City council or at such other place as may be designated by the presiding officer of the Board of Ethics or by a majority of the VOTING PUBLIC members of the Board of Ethics. (Amended 6/24/91) 2. Special meetings of the Board of Ethics may be called by the presiding officer of the Board of Ethics or any -twe THREE VOTING PUBLIC members of the Board of Ethics. Notice of any such special meeting shall be provided to each member of the Board of Ethics by personally serving notice of the time, place and subject matter of such special meeting on each member or, a-lternatively, by leaving a written copy of the notice of the time, place and subject matter of the meeting at the private residence of such members at least twenty-four hours prior to the time of said meeting or by sending notice of the time, place and subject matter of such a meeting to each member of the Board of Ethics by first class mail, postage prepaid addressed to the home address of each such member with such mailing being made at least five days prior to the time of the meeting OR, IF THE VOTING PUBLIC MEMBER SO DESIGNATES, BY TRANSMITTING A FACSIMILE TO THE NUMBER THAT THE MEMBER PROVIDES OF NOTICE OF THE TIME, PLACE AND SUBJECT MATTER OF SUCH A MEETING AT LEAST THREE DAYS PRIOR TO THE TIME OF THE MEETING. The requirement of proper notice to a member of a special meeting shall be waived by the attendance of such a member at the special rneel:ing. 3. Notice of the time and place of all meetings of the Board of Ethics shall be posted on the City Hall bulletin board on Page 1 of 6 Pages DRAFT 1*6: 12/10/96 c:\WP\DATA\BOE\RULE.Dl*6/KMC the first floor of City Hall. THE SCHEDULE OF THE REGULAR MEETINGS SHALL BE SO POSTED WITHIN TEN DAYS AFTER THE FIRST MEETING IN EACH CALENDAR YEAR. A CHANGE IN THE SCHEDULE OF REGULAR MEETINGS SHALL BE SO POSTED WITHIN THREE DAYS AFTER THE MEETING AT WHICH THE CHANGE IS MADE AND A RESCHEDULED REGULAR OR A SPECIAL MEETING SHALL BE SO POSTED at least eighteen hours prior to each BEFORE THE meeting. 4. All meetings shall be open to attendance by members of the public except where the Board enters executive session for a reason for which an executive session is permissible pursuant to the Open Meetings Act of the State of Michigan as it now exists and may be amended in the future. (PA 1976, No. 267, MCL 15.261 et seq.) 5. Any member of the public so desiring will be ·permitted a chance to address the Board at any open meeting of the Board of Ethics SUBJECT TO ANY TIME LIMIT IMPOSED BY THE BOARD. 4'eF at least three minutes. 6. Any public VOTING member of the Board of Ethics who fails to attend three consecutive meetings of the Board without being excused from attendance [by a vote of majority of the Board] may be removed from the Board of Ethics. such removal may be effected by THE majority vote of the REMAINING VOTING Board members of the Board of Ethics. plus the eonfffiffenoe of a majority of the members of the Lanoinq City Gouneil in ouch remova~. 7. 1 VOTING MEMBERS OF THE BOARD OF ETHICS SHALL BE RESIDENTS OF THE CITY OF LANSING AND SHALL HOLD NO ELECTIVE PUBLIC OFFICE OR OTHER CITY OFFICE OR EMPLOYMENT. IF, DURING A PUBLIC MEMBER'S TERM ON THE BOARD SUCH MEMBER IS ELECTED TO PUBLIC OFFICE OR BECOMES A CITY OFFICER OR EMPLOYEE, SAID MEMBER SHALL IMMEDIATELY UPON TAKING SUCH OFFICE OR EMPLOYMENT BE DISQUALIFIED AS A BOARD OF ETHICS MEMBER AND SAID POSITION SHALL BE DEEMED VACANT AND SUBJECT TO APPOINTMENT PURSUANT TO SECTION 5-502.2 OF THE LANSING CITY CHARTER FOR THE UNEXPIRED PORTION OF THAT MEMBER'S 1rE:RM. 7.2 IF AN ISSUE BEFORE THE BOARD OF ETHICS INVOLVES ANY MEMBER OF 'l'HE BOARD, SUCH MEMBER SHALL NOT PARTICIPATE IN BOARD DELIBERA'l'IONS PERTAINING TO THE MEMBER'S ISSUE AND SAID MEMBER SHALL BE INELIGIBLE TO VOTE ON ANY ACTION CONCERNING THE ISSUE. 7. 3 ALL VOTING MEMBERS OF THE BOARD OF ETHICS IN ATTENDANCE AT A PROPERLY CONVENED MEETING OF THE BOARD SHALL VOTE Page 2 of 6 Pages DRAFT #6: 12/10/96 c:\WP\DATA\BOE\RULE.D#6/KMC ON AL.L MATTERS BEFORE THE BOARD UNLESS RECUSED FROM VOTING ON A PARTICULAR MATTER. 7.4 EXCEPT AS PROVIDED IN SUBSECTION 7.1 OF THESE RULES OF PROCEDURE, A VOTING MEMBER OF THE BOARD OF ETHICS SHALL HOLD OFFICE UNTIL A MEMBER'S SUCCESSOR IS APPOINTED, UNLESS THAT MEMBER HAS RESIGNED OR BEEN REMOVED. '7-.-8. The officers of the Board of Ethics shall be a Chairperson, Vice Chairperson and Secretary. '7-=4-8 .1 The Chairperson shall preside over all meetings of the Board of Ethics and shall be selected annually for a term of one year from among the publie VOTING members of the Board of Ethics. THE CHAIRPERSON AND VICE CHAIRPERSON SHALL BE SELECTED AT THE FIRST REGULAR MEETING IN JULY OF EACH YEAR BY ~the affirmative vote of a majority of the VOTING members of the Board of Ethics shall be required to select a Chairperson. THE CHAIRPERSON OR VICE CHAIRPERSON SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS IN EACH RESPECTIVE POSITION. ~ 8.2 The terms of office for the Chairperson and Vice Chairperson shall expire upon the date of June 30th of each year or the election of a successor whichever shall later occur OR upon resignation or removal of that person from the Board of Ethics. "1---?r 8.3 The vice Chairperson shall preside and perform the duties of the Chairperson in the case of the absence of or inability of the Chairperson to perform his or her duties. IF THE CHAIRPERSON IS UNABLE TO COMPLETE THE TERM OF OFFICE, THE VICE CHAIRPERSON SHALL ASSUME THE DUTIES OF THE CHAIR. FULFILLING THE UNEXPIRED TERM OF THE CHAIRPERSON OR VICE CHAIRPERSON SHALL NOT BE CONSIDERED A 'I'ERM FOR PURPOSES OF COMPUTING TWO CONSECUTIVE TERMS UNDER SUBSECTION 8.1. ~ 8.4 The RECORDING Secretary of the Board of Ethics shall be the City Clerk aiW WHO shall be responsible for preparing and keeping the minutes and records of the Board AND FOR SUCH OTHER ADMINISTRATIVE SUPPORT AS MAY BE NEEDED FROM TIME TO TIME. THE CITY CLERK SHALL BE AN EX OFFICIO MEMBER OF THE BOARD. 8.5 THE CITY ATTORNEY SHALL SERVE AS LEGAL ADVISOR TO 'I'HE BOARD OF ETHICS AND SHALL BE AN EX OFFICIO MEMBER OF THE BOARD. ~ 9. The minutes of the Board of Ethics shall be kept in the off ice of the City Clerk and shal 1 be available for Page 3 of 6 Pages DRAFT #6: 12/10/96 c:\WP\DATA\BOE\RULE.D#6/KMC inspection by members of the public except for the minutes of Executive sessions which were closed pursuant to the Open Meetings act of the State of Michigan. All other records of the Board of Ethics shall be available for inspection and duplication by the public unless the release of such records to the public is prohibited by law or unless law permits such records to be withheld from the public and the Board of Ethics approves the withholding of such records. 9. Membership of the Board of Ethics shall consist of the City httorney and City Clerk of the City of Lansiney and three public members who shall be appointed by the Lansiney City Council as provided by the Lansiney City Charter. 10. .', quorum of the Board of Ethics for the purpose of conductiney business shall be three members of the Board. 10. A MAJORITY OF THE VOTING MEMBERS SEATED ON THE BOARD OF ETHICS SHALL CONSTITUTE A QUORUM FOR CONDUCTING BUSINESS AT A MEETING OF THE BOARD. 11. Any action of the Board of Ethics shall require the concurrence of three THE MAJORITY OF THE VOTING members . SEA'l'ED SERVING ON e¥ the Board at a properly DULY CONSTITUTED AND convened meeting of the Board. 12. The Board shall consider all requests for advisory opinions at the meeting first following receipt of the request. 12.1 All requests for advisory opinions shall be submitted in writing to the Lansing City Clerk. 12.2 Any other member of the Board of Ethics receiving a request for an advisory opinion shall immediately forward such request. to the Lansing City Clerk. 12. 3 Each request for an advisory opinion shall be signed by the person making the request. 12.4 Upon receipt of a request for an advisory opinion, the Lansing City Clerk shall forthwith forward a copy of such request to each member of the Board of Ethics. At the next meeting following receipt of a request for an advisory opinion, the Board of Ethics shall determine whether or not it will render an advisory opinion in response to the request therefor AND WHETHER THE OPINION WILL BE FORMAL OR INFORMAL PURSUANT TO THE LANSING CITY CHARTER AND THE LANSING CODE OF ORDINANCES. Page 4 of 6 Pages DRAFT #6: 12/10/96 c:\WP\DATA\BOE\RULE.D#6/KMC 12.5 In the event the Board of Ethics elects to prepare an advisory opinion in response to a request, the City Attorney shall prior to the next meeting of the Board of Ethics after the decision to render the opinion is made, research all legal aspects of the opinion requested and prepare an advisory LEGAL memorandum to all members of the Board setting forth the results of that research and making such recommendations as the City Attorney shall deem advisable. A copy of that memorandum shall be provided all members of the Board of Ethics and the City Attorney or his representative shall be present at said meeting to advise the Board. 12.6 No advisory opinion shall be rendered by the Board of Ethics unless the substance and final text is concurred -iR WITH AT A DULY CONSTITUTED AND CONVENED MEETING by at least three A MAJORITY OF THE VOTING members SEATED ON THE BOARD. of the Board of ffi;fri-es-,. 12. 7 Preliminary drafts and research memorandums prepared in connection with any request for an advisory opinion shall not constitute the view or position of the Board of Ethics of the City of Lansing nor shall such memorandum or draft opinions be released to or made available for inspection by the public unless such inspection or release is approved by three A MAJORITY OF THE VOTING members of the Board of Ethics at a duly CONSTITUTED AND convened meeting or unless such disclosure is ordered by a Court of law or administrative agency with competent jurisdiction to make such an order or unless the City Attorney of the City of Lansing advises in writing that the release or inspection of such papers is legally required.,-; Pprovided, however, that once a final FORMAL opinion has been approved and released, all memorand\lffis MEMORANDA and written recommendations by the City Attorney's Office shall be available for inspection. 12.8 The approval of an advisory opinion of the Board of Ethics shall be by roll call vote which shall be recorded in the minutes of the Board. 13. All points of procedure this document shall be determined Legislative Manual. not specifically covered in by reference to Mason's 14. On a tie vote a motion is lost and no action of the Board has been taken. 15. Advisory Opinions of the Board shall be issued and dealt with in a manner least likely to reveal the identity of the Page 5 of 6 Pages DRAFT #6: 12/10/96 c:\WP\DATA\BOE\RULE.D#6/KMC person concerned. Upon receipt of an opinion request the City Clerk may, in his or her discretion, delete the name of the person involved, substituting therefor any other designation which is not likely to be confused with any other person. 16. At the first meeting of each calendar year, the Board of Ethics shall request the city Clerk to provide the Board with any documents required to be filed under ordinances adopted by the City of Lansing for the purpose of establishing standards of conduct for officers and employees. Upon receipt of such documents, the Board of Ethics shall review the same in a timely fashion and may take such action regarding said documents as it deems proper. 17. NOTHING CONTAINED IN THESE RULES OF PROCEDURE SHALL ALTER OR AMEND THE DUTIES, FUNCTIONS AND AUTHORITY OF THE BOARD OF ETHICS AS IS PRESCRIBED IN THE LANSING CITY CHARTER AND THE LANSING CODE OF ORDINANCES. 18. THESE RULES OF PROCEDURE MAY BE AMENDED BY THE BOARD OF ETHICS BY A MAJORITY VOTE OF THE VOTING MEMBERS SEA'l'ED SERVING ON THE BOARD DURING ANY REGULAR MEETING, PROVIDED THAT ALL MEMBERS WERE PROVIDED THREE DAYS PRIOR TO SAID MEETING WITH THE FULL TEXT OF PROPOSED AMENDMENT. ANY AMENDMENT TO THESE RULES OF PROCEDURE SHALL NOT TAKE EFFECT UNTIL APPROVED BY CITY COUNCIL. ::: \WLJ\dat,;1\tior\\f IJ Ir-.;~, .'lll'·/kmc: Page 6 of 6 Pages ·t·.. -~-. _,.-j I ,·-,. . , RULES OF PROCEDURE 11-zz-93P0 1': O~d~RD OF ETHICS OF THE CITY OF LANSING April 28, .1930 1. Regular meetings of the Board of Ethics shall be held at 2:00 p.m. on the fourth Monday of every month at the Chambers of the city Council or at such other place as may be designated by the presiding officer of the Board of Ethics or by a majority of the members of the Board of Ethics. 2. Special meetings of the Board of Ethics may be called by the presiding officer of th~ Board of Ethics or any two members of the Foard of Ethics. Notice of any such special meeting shall be pro~ided to each member of the Board of Ethics by personally serving notice of the time, place and subject matter of such special meeting on each member or, alternatively, by leaving a written copy of the notice of the time, place and subject matter of the meeting at the 'fj private residence of such members at least twenty four hours prior to the time of said meeting or by sending notice of the time, place and subject matter of such a meeting to each member of the Board of Ethics by first class mail, postage prepaid addressed to the home address of ·each such member wi:th such mailing bein-g made at least .five days prior to the time of the meeting. The requirement of .proper notice to a member of a special meeting shall be waived by the a·ttendance of such member at .the special meeting. 3·. Notice of the time and place of all i:neetings of the Board of Ethics shall be posted on the City Hall bulletin board on the first floor of City Hall at least eighteen hours prior to each meeting. 4. All meetings shall be open to attendance by members of the publi~ except where the Board ente~s executive session for a reason for which pursuant to t:!"le Open Meetings Act of the State of Michigan as it now exists and may be amended in the future. (PA 1976, No. 267, MCLA 15. 261 et seq.) 5. Any member of the public so desiring will be permitted a chance to address the Board of Ethics at any open meeting of ·the Board of Ethics for at least three minutes. 6. Any public member of the Board of Ethics who fails to attend three consecutive meetings of the Board without being excused from attendance by a vote of majority of the Board may be removed from the Board of Ethics. Such removal may be affected by a majority vote of the Board members of the Board of Ethics plus the concurrence of a majority of the members of the Lansing City Council in such removal. 7. The officers of the Board of Ethics shall be a Chairperson,· ,. Vice Chairperson and Secretary. 7.1. The Chairperson shall preside over all meetings of ~ the Board of Ethics and shall be selected annually for a term of one ~) year from among the public members of the Board of Ethics. The affirmative vote of a majority of the members of the Board of Ethics shall be required to select a Chairperson. 7.2. The terms of office for the Chairperson and Vice Chairperson shall expire upon resignation or removal of that person from the Board of Ethics or upon the date of June 30th of each year or the election of a successor whichever shall later occur. 7.3. The Vice Chairperson shall preside and perform the duties of the Chairperson in the case of the absence of or inability of the Chairperson to perform his or her duties. 7.4. The Secretary of the Board of Ethics shall be the City Clerk and shall be responsible for preparing and keeping the 1) . ·f) minutes and records of the Board. AS -1-.;:i F·1::~:-,:;·:: :;:_;·· ;~_·1' ~-:-c~d~<--·y .. ------ f ' : l . : ' ( 8. The minutes of the Board of Ethics shall be kept in the office of the City Clerk and shall be available for inspection by members of the public except for the minutes of Executive sessions which were closed pursuant to the Open Meetings Act of the State of Michigan. All other records of the Board of Ethics shall be available for inspection and duplication by the public unless the release of such records to the public is prohibited by law or unless law permits such records to be withheld from the public and the Board of Ethics approves the withholding of such records. 9. Membership of the Board of Ethics shall consist of the City Attorney and City Clerk of the City of Lansing and three public members who shall be appointed by the Lansing City council as provided' by the Lansing City Charter. 10. A quorum of the Board of Ethics for the purpose of conducting. business shall be three members of the Board. 11. Any action of the Board of Ethics shall require the concurrer. of three members of the Board at a properly convened meeting of the Board. 12. T~e Board shall corrsider all requests for advisory opinions at the meeting first following receipt of the request. 12.1. All requests for advisory opinions shali be submitted in writing to the Lansing City Clerk. 12.2. Any other member of the Board of Ethics receiving a request for an advisory opinion shall immediately forward such request to the Lansing City clerk. 12.3. Each request for an advisory opinion shall be signed by the person making the request. 12.4. Upon receipt of a request for an advisory opinion, the Lansing City Clerk shall forthwith forward a copy of such request . .-/ . . , '· to each member of the Board of Ethics. · At the next meeting following receipt of a request for an advisory opinion, the Board of Ethics shall determine whether or not it will rer.der an advisory opinion in response to the request therefor. 12.5. In the event the Board of ~thics elects to prepare an advisory opinion in response to a request, the City Attorney shall prior to the next meeting of the Board of Ethics after.the decision to render the opinion is made, research all legal aspects of the opinion requested and prepare an advisory memorandum to all members of the Board setting forth the results of that research and making such recommendations as the City Attorney shall deem advisable. A copy of that memorandum shall be provided all members of the Board of Ethics prior to or at the time of the next meeting __ of the Board of Ethics and the City Attorney or his representative shall be present at said meeting to advise the Board. 12.6. No advisory opinion shall be rendered by the Board of Ethics unless the substance and final text of said opinion is concurred in by at least three members of the Board of Ethics. 12.7. Preliminary drafts and research memorandums prepared in connection with any request for an advisory opinion shall not constitute the view or position of the Board of Ethics of the City of Lansing nor shall such memorandum or draft opinions be released to or made available for inspection by the public unless such inspection or release is approved by three members of the Board of Ethics at ~ duly convened meeting or unless such diiclosure is ordered by a Court of law or administrative agency with competent jurisdiction to make such an order or unless the City nttorney of the • City of Lansing advises in writing that the release or inspection of such papers is legally required. Provided, however, that once ~ . ) \_ ,,,C:f final cpinion has been approved and reieased, all memorandums and written recommendations by the City Attorney's office shall be available for inspection. 12.8. The approval of an advisory opinion of the Board of Ethics shall be by roll call vote which shall be recorded. in the minutes of the Board. 13. All points of procedure not specifically covered in this document shall be determined by reference to Masons Legislative Manual. 14. On a tie vote a motion is lost and no action of the Board · has been taken. 15. Advisory opinions of the Board shall be issued and dealt with in a.manner least likely to reveal the identity of the person concerned. Upon receipt of an opinion.request the City Clerk may, in his or her discretion, delete the name of the person involved, substituting therefor any other designation which is not likely to be confused with any other person. 16. At the first meeting of each calendar year, the Board of Ethics shall request the City Clerk to provide the Board with any documents required to be filed under ordinances adopted by the City of Lansing for the purpose of establishing standards of conduct for officers and employees. Upon receipt of such documents, the Board of Ethics shall review the same in a timely fashion and may take such action regarding said documents as it deems proper. .--