Charter Commission

City of Lansing Charter Commission Regular Meeting Agenda Tony Benavides Lansing City Council Chambers Lansing City Hall, 10th floor 124 W. Michigan Avenue April 22, 2025 at 6:30 PM 1. Call to Order 2. Roll Call 3. Adopt the Agenda 4. Public Comment A. People sharing public comment virtually must register by 6PM at this link: https://events.gcc.teams.microsoft.com/event/42cf312e-853b-4865-a802- 0ec2b454fbef@87509dee-095b-4ff8-ba5a-0035cdfc715d People sharing public comment in person at the meeting may sign up when they arrive. 5. Officer Reports A. Chair B. Vice-Chair C. Clerk 6. Presentations A. Stephen Purchase, Board of Fire Commissioners B. DeYeya Jones and Sam Brewster, Board of Police Commissioners 7. Old Business A. Article 4: Line-by-Line Review B. Article 5: Line-by-Line Review 8. New Business A. Article 6: Line-by-Line Review 9. Public Comment 10. Commissioner Remarks 11. Adjournment Persons with disabilities who need an accommodation to fully participate in this meeting should contact the City Clerk’s Office at (517) 483-4131 (TTY 711). 24 hour notice may be needed for certain accommodations. An attempt will be made to grant all reasonable accommodation request. Page 1 of 25 Charter Commission Packet Meeting Date: April 22, 2025 Table of Contents Page Document Agenda Section 1 Agenda 3. Adopt the Agenda 2 Table of Contents 3 Article 4 Redlined Text 7A. Article 4: Line-by-Line Review 6 Letter from Public Service Director on Engineers 7 Attorney Letter on Article 5 7B. Article 5: Line-by-Line Review 13 Article 5 Redlined Text 24 Article 6 Redlined Text 8A. Article 4: Line-by-Line Review Page 2 of 25  1 .6 The Fire Department and Police Department may be assigned, by ordinance, additional duties 2 compatible with the general purposes of the departments. The Board of Water and Light may be 3 assigned added duties by agreement between the Board and the City Council. No agency of the 4 executive branch shall have any administrative authority over the Board of Water and Light. 5 .7 The Mayor may prepare one or more executive reorganizational plans which, consistent with law 6 and this Charter, provide for reorganization of one or more agencies of the executive branch, and 7 assign authorized programs, services and activities to each agency. The Mayor shall submit an initial 8 reorganizational plan not later than January 31, 1979. A reorganizational plan, as proposed by the 9 Mayor, shall be submitted to the City Council and made public. The City Council shall study and 10 conduct public hearings on the plan and may request the Mayor to make modifications in it. Ninety 11 days after the submission of a plan to the City Council, the plan shall become effective and shall 12 become operational as stated in the plan, with such modifications as are accepted by the Mayor, 13 unless disapproved by a resolution adopted by two-thirds of the City Council members serving. 14 (02/04/2025) 15 4-302 Finance Department 16 .1 The Director of Finance shall be the administrative head of the Department of Finance and shall be 17 responsible to the Mayor for the provision of financial services to the City in a manner consistent with 18 the best practices therefore. 19 .2 The Department of Finance shall be in charge ofcoordinate with the divisions of Accounting, 20 Assessments, Budget Management, Income Tax, and Treasury. (03/25/2025) 21 4-303 Fire Department 22 .1 The Fire Chief shall be the administrative head of the Fire Department and shall be responsible to 23 the Mayor for the provision of its fire protection services, fire prevention services and such other 24 services as may be assigned to it by the City. All services shall be rendered to the city in a manner 25 consistent with the best standards and practices. 26 .2 The Fire Chief shall be appointed by the Mayor from candidates recommended by the Board of 27 Fire Commissioners. 28 .3 The Mayor may suspend the Fire Chief and shall notify the Board of Fire Commissioners of the 29 reasons for the suspension. The Board shall convene at the earliest opportunity after the suspension 30 and shall determine, by a majority of the Board serving, whether the suspension shall continue. The 31 Fire Chief may be removed by the Mayor only with the concurrence of a majority of the Board serving. 32 .4 Each member of the Fire Department shall, before entering upon the duties of the office or 33 employment, take an oath of office similar to that required of other officers of the City. A copy of the 34 oath shall be subscribed in the presence of the City Clerk and filed in the office of the City Clerk. 35 .5 The department shall maintain and operate ambulance services, advanced life support (ALS), and 36 other lifesaving and emergency services necessary for the welfare of the residents of the city of 37 Lansing. The Lansing Fire Department is designated as the primary provider of emergency medical 38 services, ensuring the highest standards of care, as directed by the Council. (02/04/2025) The 39 Department shall maintain and operate such ambulance, inhalator, and other life saving and 40 emergency services as the welfare of the inhabitants of the City may require and as the Council may 41 direct. 22 Page 3 of 25 1 4-304 Law DepartmentOffice of City Attorney (02/18/2025) 2 .1 The City Attorney may be appointed by the Mayor and confirmed by the City Council. The City 3 Attorney shall be the administrative head of the Department of LawOffice of City Attorney and shall be 4 responsible to the Mayor and the City Council to see that the legal affairs of the City are properly 5 managed. 6 .2 The City Attorney shall be the prosecutor for the people of the City for all cases arising under this 7 Charter and ordinances of the City and, when authorized to do so by law, cases arising under State 8 law. 9 .3 The City Attorney shall advise the officers and agencies of the City, in writing, on matters relating to 10 their official duties upon request, 11 .4 The City Attorney shall prepare or approve as to form, all bonds, contracts, ordinances and other 12 written instruments in which the City is concerned. 13 .5 The City Attorney shall prosecute or defend all cases in which the City is a party or has a legal 14 interest, and may upon request, and with City Council approval, represent any officer or employee of 15 the City in any action or proceeding involving official duties. 16 .6 No board or officer shall employ or retain special counsel in any matter relating to the affairs of the 17 city without first securing the approval of such employment or retainer by the City Council. The City 18 Council shall act only after requesting the City Attorney’s written opinion. 19 .7 No civil litigation may be settled without the recommendation of the City Attorney and the consent 20 of the City Council, except and to the extent that risks are covered by insurance. 21 4-305 Parks And Recreation Department (adopted as presented 03/04/25) 22 .1 The Director of Parks and Recreation shall be the administrative head of the Department of Parks 23 and Recreation and shall be responsible to the Mayor for the provisions of parks, recreation and 24 leisure services of the City in a manner consistent with the best practices therefore. 25 .2 The Department of Parks and Recreation shall be in charge of those agencies and programs 26 responsible for cemetery services and facilities, forestry, parks, and recreation. 27 4-306 Economic Development and Planning Department 28 .1 The Director of Economic Development and Planning shall be the administrative head of the 29 Department of Economic Development and Planning and shall be responsible to the Mayor for the 30 planning activities of the City. 31 .2 Any agency with the knowledge of the Director of Economic Development and Planning may 32 undertake the study of any development matter within the scope of its duties, 33 .3 The Department of Economic Development and Planning shall receive all reports concerning 34 development matters and other information, which it requests. 35 .4 The director shall, with the head of any agency involved, evaluate all reports and information 36 received by the department in the light of the policies, programs and priorities of the adopted master 37 plan. 38 .5 The director shall be responsible for providing the Planning Board Commission with staff and all 39 information necessary for the Board Commission to carry out its assigned duties under Sections 5- 40 601 and 5-602 of this Charter. (03/04/2025) 23 Page 4 of 25 1 .6 The department shall administer and enforce the zoning ordinances of the City and prepare plans 2 for the City and its various departments when such plans involve the character, location and extent of 3 activities and facilities which impact on the social, physical and economic development of the City. 4 4-307 Police Department 5 .1 The Chief of Police shall be the administrative head of the Police Department and shall be 6 responsible to the Mayor for the provision of Police service to the City. 7 .2 The Chief of Police shall be appointed by the Mayor in consultation with the Board of Police 8 Commissioners and subject to confirmation by a majority of the members of the Board of Police 9 Commissioners serving. 10 .3 The Mayor may suspend the Chief of Police and shall notify the Board of Police Commissioners of 11 the reasons for the suspension. The Board shall convene at the earliest opportunity after the 12 suspension and shall determine, by a majority of the Board serving, whether the suspension shall 13 continue. The Chief of Police may be removed by the Mayor only with the concurrence of a majority 14 of the Board serving. 15 .4 Each member of the Police Department shall, before entering upon the duties of the office or 16 employment, take an oath of office similar to that required of other officers of the City. A copy of the 17 oath shall be subscribed in the presence of the City Clerk and filed in the office of the City Clerk. 18 .5 The police officers shall have and exercise all the immunities, privileges and powers of peace 19 officers granted by law, for the preservation of quiet, good order and for the safety of persons and 20 property. They shall possess and exercise the powers of arrest granted to peace officers by law, and 21 shall promptly take any person who is arrested before the proper magistrate or court to be dealt with 22 according to law. Violations of City ordinances shall be deemed to be misdemeanors for the purpose 23 of establishing the power of police officers in making arrests. 24 4-308 Public Service Department 25 .1 The Director of Public Service shall be the administrative head of the Department of Public Service 26 and shall be responsible to the Mayor for the maintenance and operation of the public works and 27 service facilities of the City in a manner consistent with the best practices therefore. 28 .2 The Department of Public Service shall be in charge of those agencies and programs responsible 29 for the provision of construction, engineering, maintenance, sewage and waste disposal services and 30 facilities, and traffic. 31 .3 Persons appointed to serve as Director of Public Service and City Engineer shall be registered 32 Professional Engineers of the State of Michigan. 33 Chapter 4 - DEPARTMENT AND AGENCY HEADS 34 4-401 Heads Of Departments 35 .1 The City Council shall adopt ordinances setting forth the qualifications for each head of a 36 department, division or agency to be appointed by the Mayor. Such ordinances shall be adopted 37 before any person may be considered for the position and no later than 30 days after the creation of a 38 position. No amendment of an ordinance on qualifications shall affect the status of any person holding 39 office at the time consideration of the amendment is commenced. 24 Page 5 of 25 Drever, Emery From: Kilpatrick, Andrew Sent: Monday, April 14, 2025 8:14 AM To: Drever, Emery Cc: Swope, Chris; Jackson, Brian; McPherson, Nicole Subject: RE: Charter Commission Question Below are Public Service’s thoughts on this requirement. The Public Service Director has been designated as the Act 51 Street Administrator, coordinating street improvements, maintenance, and traffic operations, as well as representing the municipality in transactions with the State Transportation Department. If the Director were not a registered professional engineer, he/she may not be the appropriate employee to fill this role. The City utilizes consulting engineers for many of its complex projects, however, only a registered professional engineer can sign and seal engineering drawings. If the Director is expected to be the ultimate authority for the department (and therefore the City) on engineering matters, licensure is beneficial. If the Director did not have a PE license, the City Engineer would really be the technical authority for all engineering related issues. This could potentially create a conflict between the City Engineer and the Director, or Deputy Director, on technical issues. In the same way a law firm could be run by a non-lawyer, an accounting firm by a non-CPA or a university by someone without a PhD, it is not necessary for the director of the Public Service Department to be a registered professional engineer. This requirement does, however, ensure that this employee meets minimum standards for technical experience and competence and provides this position with more credibility on technical issues. It is important for the City to have more than one registered professional engineer, just as it is essential for the City to have more than one attorney. Since only the Director and Deputy Director have oversight for all divisions of the Public Service Department, if the requirement for the Director to be a registered professional engineer is removed, a requirement for the Director OR Deputy Director to be a registered professional engineer should be implemented. This would guarantee that the City has at least two registered professional engineers at all times. I am happy to provide clarification or answer any questions the Charter Commission may have on this issue. Andy Andrew K. Kilpatrick, P.E. Public Service Director Public Service Department 124 W. Michigan Ave. | Lansing, MI 48933 O: 517.483.4455 | D: 517.483.4248 | E: andrew.kilpatrick@lansingmi.gov Website | Facebook | Twitter | Instagram 1 Page 6 of 25  ATTORNEYS AND COUNSELORS AT LAW 2851 CHARLEVOIX DRIVE, S.E., SUITE 203 ▪ GRAND RAPIDS, MICHIGAN 49546 ▪ PHONE: (616) 975-7470 ▪ FACSIMILE: (616) 975-7471 Kristen L. Rewa krewa@cmda-law.com April 17, 2025 Via Email Mr. Brian C. Jeffries Chairperson Lansing Charter Commission 124 W. Michigan Ave., 9th Floor Lansing, MI 48933 Brian.Jeffries@lansingmi.gov Re: Article 5—Boards and Commissions Dear Mr. Jeffries: This letter addresses Article 5 and provides proposed draft language for the Charter Commission’s review based on the discussion from the April 15 meeting. I. 5-103 Appointment of Board Members A. 5-103.1 Felony Language 5-103.1 Every member of a board, commission or committee established by Charter or ordinance shall be an officer of the City and shall possess the qualifications required by this Charter for holding office, except that a felony conviction shall not render an individual ineligible for appointment or membership. The Commission asked whether the underlined clause regarding felony conviction is still necessary in light of the revised language to Sec 2-103, which provides: 2-103 Ineligibility For Office .1 A person is ineligible for election or appointment as any elective officer and ineligible to hold an employment position within the City that is policy-making or that has discretionary authority over public assets if, within the immediately preceding 20 years, the person was convicted of a felony involving dishonesty, deceit, fraud, or a breach of the public trust and the conviction was related to the person's official capacity while the person was holding any elective office or position of employment in local, state, or federal government. Any person who has been convicted of either a violation of the election laws of this City, this State or the United States of America or a violation of a Page 7 of 25  Page |2 public trust or any felony shall not be eligible to hold any office for a period of 20 years from the date of the conviction. (11/12/2024) Recall that the Michigan constitution provides: The Michigan Constitution of 1963, Article XI § 8 provides: A person is ineligible for election or appointment to any state or local elective office of this state and ineligible to hold a position in public employment in this state that is policy-making or that has discretionary authority over public assets if, within the immediately preceding 20 years, the person was convicted of a felony involving dishonesty, deceit, fraud, or a breach of the public trust and the conviction was related to the person's official capacity while the person was holding any elective office or position of employment in local, state, or federal government. This requirement is in addition to any other qualification required under this constitution or by law. The legislature shall prescribe by law for the implementation of this section. Strictly speaking, the revised language of 2-103 does not apply to appointed boards; it only applies to those in elected office and certain employees. However, the felony language in Sec 5-103.1 is not contrary to the language of Sec 2-103. If anything, it clarifies that the felony prohibition in Sec 2-103 does not apply to appointed boards. As such, the felony language in Sec 5-103.1 can be left in place without creating any interpretation conflict. Given that it was a recent amendment to the Charter, there is a public policy argument for leaving the language in place. B. Term Limits for Appointed Boards The Commission expressed a desire to consider language that establishes term limits on membership to appointed boards. The proposed language limits reappointment to two consecutive terms. However, the language also allows a person to be eligible for reappointment to a board after a one year cooling off period. The language also states that any partial-term served over two years is considered a full term. We recommend that this provision be added as a new subsection of 5-103. It can be assigned to 5- 103.12 (which formerly addressed BWL non-voting members). We do not believe any language needs to be added to Sec. 5-107, Continuation of Existing Boards. In the event term limits are added to the Charter and approved by voters, the term limit provision would not affect a board member’s current term. However, if that board member has already served two or more terms on any given board, the term limits would apply to limit reappointment until the one year cooling off period has passed. C LINTON T OWNS HIP, M I  GR AND R AP IDS , M I  LIVONIA, M I  TR AVER SE C ITY, M I K A N S A S C I T Y , M O  N E W Y O R K , NY  R I V E R S I D E , C A Page 8 of 25  Page |3 Proposed Language A person who holds or has held an appointment to a board for two consecutive terms shall not be eligible for reappointment to the same board until the person has been out of office for one year. Serving more than two years of a term to which some other person was appointed shall be considered a term. C. 2-103.2 Mayoral Appointment .2 Except as otherwise specifically provided in this Charter or State law, the Mayor shall appoint persons to all such boards, commissions and committees with the advice and consent of the Council. No such appointment shall be effective until the Council has confirmed it. No language has been prepared at this time. However, information on how other cities appoint board members is provided. Most Michigan cities are council/manager form of government. As such, the legislative body vets prospective candidates (often through a subcommittee and/or with the recommendation of staff) and the full body approves the appointment. Detroit is a strong mayor city. The Detroit Charter does not have a standard appointment process for its boards. Two boards have members selected jointly by the mayor and council, meaning the mayor appoints to some seats, the council appoints to some seats, and some seats are appointed “jointly”, including the board of ethics (Detroit Sec 2- 106.8) and civil service commission (Detroit Sec 6-405). Some Detroit boards’ members are appointed by the city council, including the board of zoning appeals (Detroit Sec. 4-202), planning commission. (Detroit Sec 4-301, community advisory councils, (Detroit Sec 9-102), and board of review (Detroit Sec 9- 401). Some Detroit boards are mayoral appointments that must be approved by council, including: the human rights commission (Detroit Sec 7-702), 4 members of the police board (Sec 7-802, the other 11 are elected positions; vacancies to elected positions are appointed by the mayor but council may lodge a disapproval within 30 days). Finally, the Detroit mayor appoints members to advisory boards established by executive order with no confirmation needed from council. The members serve at the pleasure of the mayor. (Detroit Sec 7-103). Several charter-created advisory boards are appointed by and serve at the mayor’s pleasure, including but not limited to: board of assessors (Detroit Sec 6-304), art commission (Detroit Sec 7-301), fire advisory commission (Detroit Sec 7-505), historical commission (Detroit 7-601, with provision that members must be from different districts), public lighting commission (Detroit 7-903), recreation advisory commission (Detroit Sec 7-1002), board of water commissioners (Detroit Sec 7-1201), and zoological parks commission (Detroit Sec 7-1302). C LINTON T OWNS HIP, M I  GR AND R AP IDS , M I  LIVONIA, M I  TR AVER SE C ITY, M I K A N S A S C I T Y , M O  N E W Y O R K , NY  R I V E R S I D E , C A Page 9 of 25  Page |4 II. 5-105 Organization Of Boards – Rules Of Procedure A. 5-105.1 and 5-106.6 Secretarial work and 5-106.6 5-105.1 Each board shall organize itself for the conduct of its business and select its own officers including a Secretary who shall take the minutes of the board meetings. *** 5-106.6 Each City officer who directs an agency or activity within the scope of an advisory board shall attend all of its meetings and supply necessary secretarial services. The Commission asked that the secretarial language of these provisions be reconciled. Currently, city staff prepares the minutes for the boards. Proposed Language 5-105.1 Each board shall organize itself for the conduct of its business and select its own officers including a Secretary who shall take the minutes of the board meetings. A board may select a Secretary from outside its membership consistent with the provisions of Sec. 5-106.6. *** 5-106.6 [no change] B. 5-105.4 – Notice of Meetings .4 The rules shall require that public notice of all meetings shall be given in the manner provided by statute for meetings of public bodies. The current language of 5-103.4 complies with state law because it requires that notice be posted in a manner required “by statute”, which means at a minimum, the Open Meetings Act (the Planning Commission may have to follow additional notice requirements required by the Zoning Enabling Act, depending on the action). As such, we recommend leaving the current language. However, language from the newly revised definition of publish can be added to add an additional level of electronic notice. Proposed Language .4 The rules shall require that public notice of all meetings shall be given in the manner provided by statute for meetings of public bodies. Notice shall also be posted to the City’s website and by any means determined by the City to achieve widespread dissemination to the general public in the City to inform on matters of municipal concerns. C LINTON T OWNS HIP, M I  GR AND R AP IDS , M I  LIVONIA, M I  TR AVER SE C ITY, M I K A N S A S C I T Y , M O  N E W Y O R K , NY  R I V E R S I D E , C A Page 10 of 25  Page |5 C. 5-105.8 Approval of Board Rules .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 received unless the Council directs otherwise. .9 The Council may object to the rules in whole or in part and may return them to the board proposing their adoption with a statement of its objections and recommendations. The Commission asked for a modification of .8 to delay the effective date of board rules by one meeting to give the City Council time to lodge objections. We also recommend removing a typo (“Council meetings” should be singular). Proposed Language .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 next regularly scheduled Council meeting following the meeting in which they were received unless the Council directs otherwise. D. 5-105.10 Board Minutes .10 The minutes of all board meetings; shall be filed in the office of the Clerk as a public record. No official action taken by any board at any meeting shall be valid or effective until a copy of the minutes at which the action was taken is filed with the Clerk. The Clerk asked that the Commission consider language providing a timeframe in which a board must submit its minutes to the Clerk’s Office. Additionally, we recommend removal of a typo (an errant “;”). Proposed Language .10 The minutes of all board meetings; shall be filed in the office of the Clerk as a public record. Proposed minutes and approved minutes shall be forwarded to the office of the Clerk in a timely fashion to ensure they are available for public inspection as required by statute. No official action taken by any board at any meeting shall be valid or effective until a copy of the minutes at which the action was taken is filed with the Clerk. The Open Meetings Act requires that proposed meeting minutes be available for public inspection within 8 business days after the meeting. Approved minutes must be available within 5 business days after approval. MCL 15.269. Since city boards do not meet with the same regularity, the due date for final minutes may vary. The proposed language does not set a specific timeframe, but requires that the minutes be completed and forwarded with enough time to allow the documents to be available for public inspection. C LINTON T OWNS HIP, M I  GR AND R AP IDS , M I  LIVONIA, M I  TR AVER SE C ITY, M I K A N S A S C I T Y , M O  N E W Y O R K , NY  R I V E R S I D E , C A Page 11 of 25  Page |6 E. 5-105.11 Expense Reimbursement .11 Members of advisory boards shall serve without compensation, but the City Council may authorize the payment of the actual and necessary expenses of board members. Proposed Language .11 Members of advisory boards shall serve without compensation, but may be reimbursed for the actual and necessary expenses as authorized in the annual budget or as otherwise approved by City Council. Very truly yours, CUMMINGS, McCLOREY, DAVIS & ACHO, P.L.C. Kristen L. Rewa cc: Vice Chair Lori Adams Simon (lori.simon@lansingmi.gov) Chris Swope, MMC/MiPMC (Chris.Swope@lansingmi.gov) Brian P. Jackson, MiPMC, (Brian.Jackson@lansingmi.gov) C LINTON T OWNS HIP, M I  GR AND R AP IDS , M I  LIVONIA, M I  TR AVER SE C ITY, M I K A N S A S C I T Y , M O  N E W Y O R K , NY  R I V E R S I D E , C A Page 12 of 25 1 ARTICLE 5 – BOARDS AND COMMISSIONS 2 Chapter 1. GENERAL PROVISIONS FOR BOARDS 3 5-101 Citizen Involvement In Government 4 .1 The people of the City of Lansing have placed the basic responsibility for the management of this 5 City in their elected officials. This Charter recognizes the important role that individual citizens play in 6 reviewing and evaluating the needs of the City through the structure of boards and commissions. For 7 this reason, boards, commissions and advisory committees shall be encouraged by the City of 8 Lansing. 9 .2 Citizen involvement for the operation of the City shall be provided through three types of boards: an 10 administrative board, review boards and advisory boards. 11 5-102 Types Of Boards 12 .1 The Board of Water and Light is an administrative board and has been delegated executive and 13 policymaking responsibilities necessary to the proper operation of the agency. 14 .2 Review boards include those boards, which are not administrative or advisory and whose 15 recommendations or decisions have legal significance. Examples of review boards are the Planning 16 BoardCommission, the Board of Review and the Board of Zoning Appeals. The City may create 17 review boards by ordinance. 18 .3 Advisory boards include boards, commissions and committees established by ordinance or this 19 Charter and composed of citizens sharing the common goal of improving the general welfare through 20 their advice and assistance to the elected and appointed full time City officials. 21 .4 The Board of Fire Commissioners and the Board of Police Commissioners shall act as advisory 22 boards with the additional responsibilities described in this Charter. 23 .5 All other boards shall be advisory boards. 24 .6 The provisions of this Chapter shall not apply to the boards established for the purpose of 25 managing employee retirement systems. 26 5-103 Appointment Of Board Members 27 .1 Every member of a board, commission or committee established by Charter or ordinance shall be 28 an officer of the City and shall possess the qualifications required by this Charter for holding office, 29 except that a felony conviction shall not render an individual ineligible for appointment or 30 membership. 31 .2 Except as otherwise specifically provided in this Charter or State law, the Mayor shall appoint 32 persons to all such boards, commissions and committees with the advice and consent of the Council. 33 No such appointment shall be effective until the Council has confirmed it. 34 .3 The terms of the boards established in this Charter or by ordinance shall be four years 35 commencing July 1, unless otherwise provided. 36 .4 The City Clerk shall report to the Mayor and Council, prior to the first Council meeting in March, a 37 list of the terms on City Boards which shall end on June 30. 38 .5 The Mayor shall establish and make public a procedure, which will provide for receiving either 39 applications or recommendations of individuals for membership on City boards, commissions or 40 committees. 27 Page 13 of 25  1 .6 The Mayor shall file a list of appointments to the several boards prior to the first Council meeting in 2 May of each year and the Council shall act on each appointment at or prior to its first meeting in June. 3 .7 Appointments to fill vacancies shall be made upon the occurrence of the vacancy and each person 4 so appointed shall take office immediately upon the confirmation of the Council to serve for the 5 remainder of the unexpired term. In the event a vacancy is not filled within 60 days after the 6 occurrence of the vacancy, the Council shall appoint a committee of three of its members to act 7 instead of the Mayor in the making of such appointments. 8 .8 Each Board established by this Charter shall be composed of eight members. Four Three 9 members shall be from the City at-large and one member shall be appointed from each of the four 10 five wards of the City in the following pattern: 11 (a) The First ward member shall have a term expiring in 1981 2029 and every four years thereafter. 12 (b) The Second ward member shall have a term expiring in 1982 2026 and every four years 13 thereafter. 14 (c) The Third ward member shall have a term expiring in 1979 2027 and every four years thereafter. 15 (d) The Fourth ward member shall have a term expiring in 1980 2028 and every four years thereafter. 16 (e) The Fifth ward member shall have a term expiring in 2029 and every four years thereafter. 17 .9 The membersOne member from the City at-large shall have a term expiring in 2026 and every four 18 years thereafter. One member from the City at-large shall have a term expiring in 2027 and every four 19 years thereafter. One member from the City at-large shall have a term expiring in 2028 and every four 20 years thereafterbe appointed to staggered terms, at least one of which shall expire each year. 21 (04/01/2025) 22 .10 Appointments to each board, commission and committee shall be made with regard to the 23 diversity of Lansing citizens, their variety of interests and the experience and expertise that each can 24 contribute to the common good of the City. 25 .11 An ordinance creating a board, commission or committee may set forth a different size for the 26 body or a different length of term for the members than required in this section if the Council finds that 27 the change is appropriate. 28 .12 The Board of Water and Light Board Members shall include three non-voting advisory members 29 representing utility customer communities outside the City of Lansing. Each non-voting advisory 30 member shall be a Board of Water and Light customer, shall reside in and be appointed by the 31 governing body of the municipality. One member shall represent the City of East Lansing and shall 32 serve a term of four (4) years commencing July 1. One member shall represent Delta Township and 33 shall serve a term of four (4) years commencing July 1. One member shall be at-large and shall 34 represent the remaining municipalities and shall serve a term of one (1) year commencing July 1. The 35 at-large representative shall serve on a rotating annual basis and be appointed by the governing body 36 of the following municipalities in succession: Meridian Township, Delhi Township, DeWitt Township 37 and Lansing Township. Except as provided herein, Section 2-103, Section 5-105, or State law, the 38 provisions of this Charter shall not apply to the non-voting advisory members of the Board of Water 39 and Light. 40 5-104 Ineligibility For Boards 41 No person holding another City office or activity actively employed by the City shall be eligible to be a 42 voting member on any board. 28 Page 14 of 25 1 5-105 Organization Of Boards - Rules Of Procedure 2 .1 Each board shall organize itself for the conduct of its business and select its own officers including 3 a Secretary who shall take the minutes of the board meetings. 4 .2 Each board shall adopt its own rules of procedure consistent with this Charter. 5 .3 The rules shall state the schedule of the regular board meetings. The schedule shall not conflict 6 with regular meetings of the City Council. 7 .4 The rules shall require that public notice of all meetings shall be given in the manner provided by 8 statute for meetings of public bodies. 9 .5 The rules shall require that the public have a reasonable opportunity to be heard at all regular 10 meetings of the board. 11 .6 All board meetings shall be required to be open to the public to the same extent as meetings of the 12 City Council. 13 .7 The rules shall define the extent to which nonattendance at meetings may be grounds for removal 14 from office. 15 .8 All rules of procedure shall be submitted to the City Attorney for approval as to form. The rules shall 16 then be submitted to the City Clerk for transmission to the City Council. The rules shall be effective at 17 the conclusion of the Council meetings at which they are received unless the Council directs 18 otherwise. 19 .9 The Council may object to the rules in whole or in part and may return them to the board proposing 20 their adoption with a statement of its objections and recommendations. 21 .10 The minutes of all board meetings; shall be filed in the office of the Clerk as a public record. No 22 official action taken by any board at any meeting shall be valid or effective until a copy of the minutes 23 at which the action was taken is filed with the Clerk. 24 .11 Members of advisory boards shall serve without compensation, but the City Council may 25 authorize the payment of the actual and necessary expenses of board members. 26 5-106 Advisory Board Functions 27 .1 Each advisory Board shall at its regular meetings review the progress and planning of the head of 28 the agency it serves to insure that all activities are in accordance with City policy. Each board may 29 propose changes in agency operations for the purpose of making its program more effective. 30 .2 Proposed policies and programs or changes in existing policies or programs requiring Council 31 action shall be submitted by an agency head to the appropriate advisory board prior to submission to 32 the Mayor and Council for action. The advisory board’s written recommendations concerning the 33 proposals shall be submitted to the Mayor along with the agency’s proposal. When the Mayor submits 34 the proposal to the Council for action, the board’s recommendations shall also be transmitted to the 35 Council along with that of the Mayor. 36 .3 An agency’s budget material, including capital improvement proposals, shall be submitted to the 37 advisory board before submission to the Mayor and the board’s written recommendations shall be 38 submitted to the Mayor along with the agency’s recommendations. The Mayor shall transmit the 39 board’s recommendations to the Council along with budget material for that agency. 40 .4 Each advisory board shall, prior to December 1, prepare a written report evaluating the 41 effectiveness and analyzing the status and priorities for services and activities of the agency it 42 advises. Copies thereof shall be filed with the Mayor, the Council and the Clerk. 29 Page 15 of 25 1 .5 Each advisory board may develop its own proposals for new or altered policies and programs and 2 transmit these to the Mayor and City Council. 3 .6 Each City officer who directs an agency or activity within the scope of an advisory board shall 4 attend all of its meetings and supply necessary secretarial services. 5 5-107 Continuation Of Existing Boards 6 .1 All City Boards not established in this Charter and existing on the effective date of this Charter, 7 whether established in the previous Charter or created by ordinance or resolution, shall continue as if 8 created under ordinance with the status provided in this Charter. 9 .2 The terms of all persons serving on boards on the effective date of this Charter shall continue in 10 accordance with law. 11 5-108 Limitation On Powers Of Boards 12 .1 The Board of Water and Light shall exercise administrative, executive and policy-making authority 13 over the operation of those City utility services assigned to it in accordance with the provisions of this 14 Charter. 15 .2 No other board, commission or committee shall exercise any administrative, appointive or policy 16 making authority except as permitted by this Charter or required by State law. 17 .3 Notwithstanding any other provision of this Charter, the Board of Water and Light shall be subject 18 to the emergency powers provided the Mayor by city ordinance and state law and shall include 19 administrative and executive authority. 20 Chapter 2. BOARD OF WATER AND LIGHT 21 5-201 Board Of Water And Light 22 The Board of Water and Light, hereinafter known as the Board, shall have the full and exclusive 23 management of the water, chilled water, thermal energy, including heat or hot water and, steam and 24 electric services and such additional utility services of the City of Lansing as may be agreed upon by 25 the Board and City Council. The board shall be responsible to the Mayor and the City Council for the 26 provision of these services in a manner consistent with the best practices. (03/18/2025) 27 5-202 DirectorGeneral Manager, Internal Auditor, Secretary 28 .1 The Board shall appoint a Director General Manager who shall be responsible to the Board for 29 carrying out the duties assigned by the Board and shall serve at its pleasure. 30 .2 The Board shall appoint an Internal Auditor who shall report directly to the Board. The Internal 31 Auditor shall serve at the pleasure of the Board. 32 .3 The General Manager or a designee shall hold a public meeting at least quarterly to interact with 33 the public and ratepayers on the services provided by the Board. Notice for the meeting shall be 34 published by posting to the Board’s website and by any means determined by the Board to achieve 35 widespread dissemination to the general public within the Board’s service area to inform on matters of 36 municipal concerns. (04/01/2025)The Board shall appoint its own Secretary who shall be responsible 37 to the Board and shall serve at its pleasure. 38 5-203 Powers Of The Board 30 Page 16 of 25  1 .1 The Board shall make all contracts pertaining to the conduct of the Board of Water and Light 2 business and shall have the authority to settle litigation involving the Board of Water and Light. 3 .2 The Board shall have the power to acquire property, both real and personal, and interests in 4 property in the name of the City for purposes of the Board of Water and Light. 5 .3 The Board shall have the power to sell real property and interests in real property not needed for 6 the operation of the Board of Water and Light, subject to the approval of six a 2/3 majority of City 7 Council Members elected and subject to the limitations on the sale of real property by the City 8 contained in this Charter. 9 .4 The Board shall adopt policies and procedures to assure fairness in procuring personal property 10 and services and disposing of personal property. These policies and procedures of the Board shall 11 parallel the policies and procedures adopted by the Council for the purchase and sale of personal 12 property and services unless the Board makes a specific finding that a City policy or procedure is not 13 consistent with the best practices for public utility operation. 14 .5 The Board shall prepare and adopt its annual budget by June 1I of each year, and implement it 15 with whatever modifications the Board may adopt from time to time. The budget and any 16 amendments shall be filed with the City Clerk within 10 days after adoption. 17 .6 The Board shall submit to the Mayor, prior to October 1 of each year, its capital improvements plan 18 for the next six years pursuant to Section 7-109. 19 .7 In the best interest of the City, the Board and other agencies of the City are encouraged to 20 cooperate on projects deemed to be beneficial and to utilize each other’s services. 21 .8 The Board of Water and Light may utilize the streets, alleys, bridges and other public places of the 22 City for the furnishing of public utility services. In the exercise of this right, the Board of Water and 23 Light shall furnish timely information about proposed uses to the officials of the City and to the 24 agencies which will be most directly affected by the use. 25 .9 The Board may conduct whatever audits of Board of Water and Light the activities it deems 26 appropriate and shall be responsible for the cost of such audits.compensate the City for the cost of 27 that portion of the annual audit of the City which covers the Board of Water and Light. 28 .10 The Board may provide for the pensioning of any employee of the Board of Water and Light or the 29 surviving spouse or dependent of any deceased employee. 30 .11 The Board, except as otherwise provided in this Charter, shall be responsible for and have 31 authority over the compensation, benefits, bonding, conditions of employment, and labor 32 management activities for all employees of the Board of Water and Light. 33 5-204 Withdrawal Of Funds 34 .1 The funds and revenues of the Board of Water and Light shall be deposited in the City Treasury 35 and shall be credited only to the funds and accounts of the Board of Water and Light. . They shall not 36 be withdrawn or used for any other purpose whatsoever. The Board shall have and exercise full 37 control over all of the funds of the Board of Water and Light in the City Treasury. 38 .2 All warrants drawn for the payment of money under the authority of the Board shall be signed by 39 the General Manager and countersigned by the Secretary of the Board and countersigned by the City 40 Controller. 41 .3 Whenever warrants are issued and there is no money for the payment of the warrant, the City 42 Treasurer Board shall, upon presentation of the, warrant, stamp the date of presentation on the face 43 of the warrant, together with a statement that the warrant will bear interest thereafter at the rate of 6 31 Page 17 of 25  1 percent per year. The interest shall cease after notice has been given to the holder, in the manner 2 determined by the Board, that there is sufficient money of the Board of Water and Light on hand to 3 pay the warrant with interest. Warrants of the Board of Water and Light are not general obligations of 4 the City. 5 .4 The Council may provide by ordinance procedures for the disbursement of monies of the Board of 6 Water and Light by check issued by the Secretary of the Board in accordance with the ordinance. 7 .5 Consistent with generally accepted practice in the municipal utility industry and in 8 acknowledgement that the Board of Water and Light is a City owned public utility, which receives City 9 services without cost and utilizes City property in the fulfillment of its purposes, the Board shall 10 continue to be authorized to contribute payments to the City. All existing agreements for payments 11 shall remain in full force and effect upon adoption of this Charter. Future agreements for payments 12 shall be documented in writing, based on a formula and terms mutually acceptable to the City and 13 Board and comply with this Charter and state law. In determining the formula, the City and Board 14 shall consider the following factors, but not to the exclusion of other factors that may be or become 15 relevant: the financial burden of the payment on the Board or its ratepayers, the financial burden of 16 use of services and property on the City or its taxpayers, and any and all shared services or 17 infrastructure. (4/15/2025) 18 5-205 Rates 19 .1 The Board may fix just and reasonable rates and other charges as it may deem advisable for 20 services furnished by the Board of Water and Light. 21 .2. The Board shall conduct at least two public hearings at least 30 45 days prior to the effective date 22 of any changes in rate structure. The public hearings shall be held at different times of say to 23 maximize the opportunity for public attendance. At least 45 60 days before the first public hearing, the 24 Board shall file with the City Clerk a statement explaining the new rates and charges together with a 25 notice of the public hearings. Notice shall also be published by posting to the City’s and the Board’s 26 website and by any means determined by the Board of Water and Light to achieve widespread 27 dissemination to the general public within the Board’s service area to inform on matters of municipal 28 concern. (04/01/2025)Notice to the public shall be given in the same manner as is required for 29 proposed ordinances. 30 5-206 Collection And Hearing Procedure 31 .1 Upon the request of the Board, the City Council shall provide by ordinance for the collection of 32 unpaid charges for public utility services furnished by the Board of Water and Light and for the 33 imposition and enforcement of liens upon property served by the Board of Water and Light. 34 .2 When any person fails or refuses to pay any sums due on utility bills, the service upon which the 35 delinquency exists may be discontinued and suit may be brought for the collection of the money 36 owed. 37 .3 The Board shall establish a procedure for the resolution of disputes between the Board of Water 38 and Light and any of its customers concerning services or billing for services furnished in accordance 39 with filed rates, rules and regulations, and established Board policies and procedures. The procedure 40 shall incorporate the designation of an independent hearing officer. The hearing officer shall report to 41 the Board and the Mayor the results of each hearing conducted and shall make recommendations to 42 the Board on any hearing, which has not been resolved. The Mayor may make recommendations to 43 the Board on each unresolved hearing. The Board shall report its final action on any unresolved 32 Page 18 of 25 1 dispute, together with the hearing officer’s report and recommendations to the Mayor and the City 2 Council. 3 5-207 Sale Or Exchange Of Facilities 4 The Board shall not, unless approved by the affirmative vote of three - fifths of the electors voting 5 thereon at a regular or special City election, sell, exchange, lease, or in any way dispose of any 6 property, easement, equipment, privilege, or asset needed to continue the operation of the Board of 7 Water and Light. The restrictions of this section shall not apply to the sale or exchange of articles of 8 machinery or equipment of the Board of Water and Light, which are no longer useful or which are 9 replaced by new machinery for the operation of the Board of Water and Light, or to the exchange of 10 property or easements for other needed property or easements. 11 Chapter 3. BOARD OF POLICE COMMISSIONERS 12 5-301 Duties 13 .1 The Board of Police Commissioners, hereinafter known as the Board, is established pursuant to 14 Article 5, Chapter I of this Charter and shall have all the powers, duties and responsibilities of 15 advisory boards in addition to the following duties: 16 .2 The Board shall establish administrative rules for the organization and overall administration of the 17 department including promotional and training procedures in consultation with the Chief of Police and 18 Mayor. These administrative rules shall not be effectuated in accordance with Section 5-105. 8 of this 19 Charter but shall become effective upon filing with the City Clerk. 20 .3 The Board shall approve rules and regulations for the conduct of the members of the Department, 21 in consultation with the Chief of Police and the Mayor. 22 .4 The Board in their rules shall establish a procedure for receiving and resolving any complaint 23 concerning the operation of the department. 24 .5 The Board shall review and approve the departmental budget before its submission to the Mayor. 25 .6 The Board shall act as the final authority of the City in imposing or reviewing discipline of the 26 department employees consistent with the terms of State law and applicable collective bargaining 27 contracts. 28 .7 The Board shall render an annual report to the Mayor and City Council, which shall include a 29 description and evaluation of the department’s activities during the previous year, including the 30 handling of crime and complaints, if any, and proposals for future plans. 31 5-302 Investigatory Power 32 Whenever necessary to carry out its assigned duties, the Board of Police Commissioners shall have 33 the same power to subpoena witnesses, administer oaths and require the production of evidence as 34 the City Council. 33 Page 19 of 25 1 Chapter 4. BOARD OF FIRE COMMISSIONERS 2 5-401 Duties 3 .1 The Board of Fire Commissioners, hereinafter known as the Board, is established pursuant to 4 Article 5, Chapter 1, of this Charter and shall have all the powers duties and responsibilities of 5 advisory boards in addition to the following duties. 6 .2 The board shall establish administrative rules for the organization and overall administration of the 7 Department, in consultation with the Chief of the Fire Department and the Mayor. These 8 administrative rules shall not be effectuated in accordance with Section 5105.8 of this Charter but 9 shall become effective upon the filing with the City Clerk. 10 .3 The Board shall approve rules and regulations for the conduct of the members of the Department, 11 in consultation with the Chief of the Fire Department and the Mayor. 12 .4 The Board, in their rules, shall establish a procedure for receiving and resolving any complaint 13 concerning the operation of the department. 14 .5 The Board shall review and approve the departmental budget before its submission to the Mayor. 15 .6 The Board shall act as final authority of the City in imposing or reviewing discipline of the 16 department employees consistent with the terms of the State law and applicable collective bargaining 17 contracts. 18 .7 The Board shall render an annual report to the Mayor and City Council, which shall include a 19 description and evaluation of the department’s activities during the previous year, including the 20 handling of complaints, if any, and proposals for future plans. 21 CHAPTER 5. BOARD OF ETHICS 22 5-501 Standards Of Conduct 23 .1 The people of this City recognize that the continuation of the proper operation of the City requires 24 that public officers and employees be independent, impartial and responsible to the people; that 25 decisions and policy be made in the proper channels of governmental structure; that members of the 26 public have access to information upon which decisions affecting their City are made; that public 27 office and employment not be used for personal gain; that the integrity and operation of City 28 government to be subject to scrutiny of the public; and that acts or actions not compatible with the 29 best interests of the City be defined and prohibited. 30 .2 In order to provide an orderly procedure for consideration and review of the issues, which may 31 arise concerning questions of standards of conduct for public officers and employees, a Board of 32 Ethics is created. 33 5-502 Membership 34 .1 The Board of Ethics shall be a review board and shall consist of eight members; four members 35 shall be appointed by the City Council, one from each city ward, and four shall be appointed by the 36 Mayor. The City Attorney shall assist and advise the Board of Ethics, and the City Clerk shall serve as 37 Recording Secretary to the Board of Ethics and provide such administrative services to the Board of 38 Ethics as may be necessary; however, neither shall be eligible for appointment as board members. 39 .2 Of the members appointed to the initial Board of Ethics, the Mayor and the City Council shall each 40 appoint members for a one-year, a two-year, a three year, and a four-year term. A member shall hold 34 Page 20 of 25  1 office until a member’s successor is appointed. Thereafter each Mayoral-appointed member and each 2 Council-appointed member shall serve for a term of four years. An appointment to fill a vacancy shall 3 be made by the Mayor to fill a vacant Mayoral appointed member position and by the City Council to 4 fill a vacant Council-appointed member position. Persons serving as members of the Board of Ethics 5 on the effective date of this section shall continue as members until the expiration of their original 6 terms. 7 .3 Members of the Board of Ethics shall be residents of the City and shall hold no elected public office 8 and no other City office or employment. 9 .4 The Board of Ethics shall adopt rules governing its procedure and the holding of regular meetings, 10 subject to the approval of City Council. Special meetings may be held when called in the manner 11 provided in the rules of the Board of Ethics. The Board of Ethics shall select its own presiding officer 12 from among its members. 13 .5 If any issue before the Board of Ethics involves any member of the Board of Ethics, such member 14 may not participate in Board of Ethics deliberations pertaining to the member’s issue nor shall such 15 involved member be eligible to vote on any actions concerning the issue. 16 .6 All City employees and elected or appointed officials of the City shall cooperate with any 17 investigations by the Board of Ethics; such cooperation shall include the compilation and production 18 of any information requested by the Board of Ethics during an investigation unless the information 19 requested is exempt from disclosure under the applicable state law. 20 .7 If any issue before the Board of Ethics involves the office of the City Attorney, the Board of Ethics 21 may engage the services of outside counsel upon terms and arrangements approved by City Council. 22 5-503 Duties 23 .1 At the request of a person, the Board of Ethics may render an informal opinion with respect to the 24 prospective conduct of such person. An informal opinion need not be written and may be provided 25 directly to the requestor of such opinion. All written opinions of the Board of Ethics shall be filed with 26 the City Clerk and are open to public inspection. Written informal opinions shall be drafted in such a 27 way as not to reveal information exempt from public disclosure under the applicable state law. 28 .2 The Board of Ethics on its own initiative or upon request may render and publish a formal opinion 29 on any matter within the scope of the Board of ’sEthics’ authority which it may deem appropriate. 30 .3 The Board of Ethics does not have the authority to reverse or modify a prior action of the Mayor, 31 City Council, or an officer or employee of the City. If the Board of Ethics finds a prior action of the 32 Mayor, Council, officer, or employee to have been ethically improper, the Board of Ethics may advise 33 the appropriate party or parties that the action should be reconsidered. Upon such advice by the 34 Board of Ethics, the action shall be reconsidered by the appropriate person or public body. If the 35 Board of Ethics determines an existing City contract to be ethically improper, after such determination 36 and advice from the Board of Ethics the City may void or seek termination of the contract if legally 37 permissible. The Board of Ethics may refer a matter to the City Attorney for review and consideration 38 for appropriate action. Upon completion of review and consideration, the City Attorney shall report its 39 findings to the Board of Ethics. 40 .4 The Board of Ethics may recommend to the Council standards of conduct for officers and 41 employees of the City and changes in the procedures related to the administration and enforcement 42 of those standards. 35 Page 21 of 25  1 .5 The Board of Ethics shall review, at least annually, any documents required to be filed under 2 ordinances adopted by the City for the purpose of establishing standards of conduct for officers and 3 employees. 4 .6 The Board of Ethics, when it deems it appropriate, may request the City Attorney’s Office for 5 assistance in compelling the production of documents and witnesses to assist the Board of Ethics in 6 the conduct of any investigation. 7 .7 Within one year from the effective date of this section the City shall provide an ethics manual for 8 the use of all City officers and employees. Such manual shall first be approved by the Board of Ethics 9 before distribution. Each City officer and employee shall acknowledge receipt of said manual. 10 .8 Proceedings before the Board of Ethics are subject to the applicable state law regarding the 11 conduct of public meetings. Records of the Board of Ethics shall be filed with the City Clerk and are 12 available for public review as required by state law. 13 5-504 Protection Of Public Interest 14 .1 The City shall adopt, by ordinance, such standards for the conduct of public affairs as may be 15 deemed necessary to protect the public, including the ordinances referred to in this section. 16 .2 The City shall adopt, by ordinance, no later than one year after the effective date of this section, 17 restrictions similar to those enacted by the State of Michigan by statute, prescribing standards of 18 conduct for City officers and employees. To the extent permitted by law, the ordinance shall generally 19 include, but not be limited to, prohibiting the use of City office or employment for the private benefit of 20 any person; prohibiting the divulging of confidential information in advance of the time prescribed for 21 its authorized release to the public; prohibiting the use of City personnel resources for private gain; 22 prohibiting the profit from an official position and acceptance of things of value by City officers or 23 employees; requiring the financial disclosure by City officers and employees; and requiring lobbyist 24 disclosure for all City officers and employees. 25 .3 Any violations of ordinances dealing with matters in this section shall be punishable to the 26 maximum extent permitted by law and may be made punishable by forfeiture of office or position. 27 5-505 Conflict Of Interest 28 .1 At least ten (10) days prior to the first of any of the events set forth in (A), (B), (C), (D), and (E) 29 below, a City officer or employee who may derive any income or benefit, directly or indirectly, from a 30 contract with the City or from any City action, shall file an affidavit with the City Clerk detailing such 31 income and benefit to be derived: 32 (A) The bidding of the contract; 33 (B) The negotiation of the contract; 34 (C) The solicitation of the contract; 35 (D) The entry into the contract; 36 (E) Any City action by which the City officer or employee may derive any income or benefit, directly or 37 indirectly. 38 The above provisions shall not apply to individual or collective bargaining agreements pursuant to 39 which a City officer or employee directly or indirectly receives income or benefits in the form of official 40 remuneration as an officer or employee, or any City action pursuant to which a City officer or 41 employee directly or indirectly receives income or benefit as a member of the public at large or any 42 class thereof. At the first regularly scheduled City Council meeting following the filing of an affidavit 36 Page 22 of 25 1 pursuant to this section, the City Clerk shall notify the City Council of such filing. In particular cases 2 and for good cause shown, the Board of Ethics may waive the ten (10) day prior notice requirement 3 contained herein. 4 .2 An officer or employee who has any other conflict between a personal interest and the public 5 interest as defined by State law, this Charter, or ordinance shall fully disclose to the City Attorney the 6 nature of the conflict. 7 .3 Except as provided by law, no elective officer, appointee or employee of the City may participate in, 8 vote upon or act upon any matter if a conflict exists. 9 Chapter 6. PLANNING BOARD 10 5-601 Planning Board Commission 11 .1 There shall be a Planning BoardCommission. 12 .2 The members of the Planning Board Commission shall be appointed and confirmed in the manner 13 set forth in Section 5-103 of this Charter. 14 .3 In addition to the regular members of the Planning BoardCommission, the City Council shall 15 nominate and appoint two Council members who shall serve as ex-officio members of the 16 BoardCommission, without a vote, for a one-year term commencing on July 1 of each year. 17 5-602 Powers And Duties 18 .1 The Planning Board Commission shall have all of the powers and duties granted to municipal 19 planning commissions by statute and all the powers and duties of advisory boards provided by this 20 Charter, together with such additional powers and duties as may be provided by this Charter or 21 ordinance. 22 .2 The Planning Board Commission is entitled to assistance from the staff of the Economic 23 Development and Planning Department in evaluating or preparing any proposal relating to planning or 24 development. All elective and appointive officers shall furnish to the Planning BoardCommission, 25 within a reasonable time, available information required by the Planning BoardCommission. 26 .3 The Planning Board Commission shall review and make recommendations on the Economic 27 Development and Planning Department draft of the Capitol Improvement Plan prior to its submission 28 to the Mayor and Council. 29 .4 The Board Commission shall develop and maintain a master plan for the orderly development of 30 the City. The plan shall include the consideration of the impact of social, physical, and economic 31 factors. 37 Page 23 of 25 1 ARTICLE 6 – CITY EMPLOYEES 2 Chapter 1. MERIT SYSTEM 3 6-101 Personnel Merit System 4 .1 The City shall, by ordinance, establish a personnel merit system that meets the social, economic 5 and program needs of the City of Lansing. 6 .2 The personnel merit system ordinance shall provide procedures to recruit, select, develop and 7 maintain an effective work force. 8 6-102 Administration Of Personnel Merit System 9 .1 The Personnel Merit System shall not cover any employees of the Board of Water and Light, or 10 appointees of the Mayor, the City Council and the Internal Auditor. 11 .2 The chief personnel officerHuman Resources Director (03/04/2025) shall determine by competitive 12 examination, exclusively on the basis of merit, efficiency and ability, the qualifications of all candidates 13 for positions within the Personnel Merit System; make, promulgate and distribute rules and 14 regulations covering all personnel transactions; and administer all conditions of employment within 15 the Personnel Merit System. 16 .3 All persons hired by the City. other than those stated in .1 of the section shall be processed through 17 the office of personnel and the chief personnel officerHuman Resources Director (03/04/2025) shall 18 evaluate the level of competency of each candidate against standards established prior to the 19 evaluation. 20 Chapter 2. LABOR RELATIONS 21 6-201 Labor Management Activities 22 .1 The Mayor shall have the overall responsibility for all of the labor relations of the City. 23 .2 The Mayor shall designate the chief labor negotiator for the City with the advice and consent of the 24 City Council. The chief labor negotiator shall serve at the pleasure of the Mayor and shall have 25 charge of the role of the City in collective bargaining contract negotiations. 26 .3 Collective bargaining contracts shall become effective when ratified by the City Council in accord 27 with State law. 28 .4 The chief personnel officerHuman Resources Director (03/04/2025) shall be responsible for the 29 implementation of collective bargaining contracts. 30 Chapter 3. PROHIBITION AGAINST DISCRIMINATION 31 6-301 Non-Discrimination 32 No City employee or applicant for employment shall be discriminated against because of race, 33 religion, national origin, age, political orientation, marital status, sex, handicap, or for any cause not 34 reasonably related to the accomplishment of a legitimate governmental purpose. The City shall take 35 affirmative action for the recruitment and advancement of members of groups under represented on 36 any level of City employment as compared to the minority and sex composition of the City. 38 Page 24 of 25 1 Chapter 4 EMPLOYMENT CONTRACTS 2 6-401 Limitation on Employment Contracts 3 All employment contracts for all at-will employees, including Mayoral appointees, City department 4 directors, and at-will employees of any and all agencies, boards, and commissions of the City, shall 5 be limited to a maximum term of one year. Furthermore, no such employment contract shall include 6 terms that provide for a payment at the time of separation from employment in excess of any 7 compensation derived from vested or accrued benefits, or payments required by law. If a department, 8 agency, board, or commission cannot reasonably fill a position with a qualified individual under these 9 limitations, a position may be exempted from one or more of these limitations upon written 10 recommendation of the Mayor and the approval of City Council by resolution. These limitations shall 11 not apply to contracts established prior to January 1, 2016. 39 Page 25 of 25