§ 2-263. Standards of conduct.

(a)

Individual conduct. To properly serve the City of Jackson, each board member must at all times act with dignity and integrity, both inside and outside of board meetings, reflecting the City of Jackson's high standards for ethical behavior and professionalism. Members of City of Jackson Boards approved by Charter, Ordinance, or city council as a legislative body, are the only individuals afforded the right to work on, speak on behalf of, and/or represent the City of Jackson in any fashion. Board members must conduct themselves according to the following principles:

(1)

Each board member sets the tone for the City of Jackson, acting as a leader and serving as an example of dedication, integrity, and professional conduct.

(2)

A board member cannot, either on his/her own initiative or in cooperation with another board member or anyone else, conspire or work on issues of their specific board, any other board, or City of Jackson without direct approval from the entire board and the city council and/or the city manager.

(3)

Whether a board member is compensated by the City of Jackson or not, any representation by a board member indicating the board member is a city employee or official is strictly prohibited.

(4)

Board members will be allowed to receive City of Jackson business cards. All business cards representing any function of the City of Jackson and/or subsequent boards or Commissions must be consistently designed so that it is clear from what entity the board member's authority, if any, is derived. All business cards must be approved by the city manager or his designee.

(b)

Financial responsibility to the board. Each board member serves as a fiduciary of the City of Jackson's resources and is accountable to the members for prudent management of the board they serve on and how it relates to the overall operation of the City of Jackson's financial and business affairs.

(1)

A board member should read and understand the description, purpose, and structure of the board on which they serve, and read and understand all committee reports and other documents pertaining to the operations of the board and how it relates to the overall operation of the City of Jackson.

(2)

A board member should actively engage in decisions relating to the allocation of resources and monitoring of financial performance of their specific board.

(c)

Conflict of interest. Each board member must act in good faith and in the best interests of the City of Jackson, above any personal interest or the interests of any particular constituency. Each board member is subject to, must be familiar with, and must follow the City of Jackson's Ethics Ordinance as outlined in the Code of Ordinances, City of Jackson, Michigan Article VIII, Ethics sections 2-554 through 2-558, or be subject to appropriate disciplinary action. It is not a conflict of interest for board members to be advocates for their areas of practice or geography. Board members should, however, be open to the views and needs of all areas of practice and geography, and should act and vote based on the overall good of the citizens of the City of Jackson, without partisanship.

(d)

Board commitments. Each board member must devote the time and resources reasonably necessary to fulfilling his/her commitments to board activities.

(1)

A board member should demonstrate due diligence in preparation for and attendance at board meetings and other activities on behalf of the City of Jackson and the board the member is serving.

(2)

A board member should, to the best of his/her ability, be informed about the needs and opinions of the City of Jackson and its citizens and taxpayers, and should ask any questions necessary to be fully informed about the issues being addressed by the board before making decisions.

(3)

A board member should give open and fair consideration to diverse and opposing viewpoints.

(4)

A board member should exercise independent judgment, and should not hesitate to express dissenting opinions in an appropriate manner during board deliberations.

(e)

Relations among board members. Each board member must foster an environment of respect, cooperation, and collegiality. A board member must not unduly disrupt the board from operating in an efficient and effective manner.

(1)

A board member should treat other board members with courtesy and allow other members of the board to express their views.

(2)

A board member should respect the differing opinions of others. Board members may disagree on issues, but disagreements should be directed at the issue; personal attacks are not acceptable.

(3)

A member should not attempt to gain an advantage by making false accusations about or by providing false information as to a fellow board member.

(f)

Confidentiality. Transparency in governance and having input from board membership are both important considerations for the board. Board members must, however, balance those considerations against their legal and fiduciary obligations to maintain the confidentiality of sensitive or proprietary information obtained as a result of board service. In addition, maintaining the confidentiality of the board's deliberations (especially those held in executive session) is essential to having full and frank discussions necessary for effective decision-making. Therefore, subject to this Code of Conduct and the exceptions noted below, a board member may solicit input from board members on matters being considered by the board, and may informally share with board members the actions taken and the issues considered by the board in reaching its decisions, provided, however, that the Open Meetings Act is complied with in so doing. However:

(1)

A board member may not disclose any matters addressed in executive session to anyone not entitled to participate therein.

(2)

A board member may not disclose confidential or proprietary information obtained as a result of board service to anyone outside the board or authorized City of Jackson staff.

(3)

A board member may not disclose anything about board actions or deliberations if the board has determined to defer announcement of that action or to control the dissemination of that information.

(g)

Public statements. A board member may not act in an official capacity or speak publicly on behalf of the board or the City of Jackson unless empowered to do so under the Code of Ordinances, specifically empowered by the board and/or the City of Jackson Council or city manager.

(1)

A board member who, by virtue of board assignments or duties is asked to or is expected to communicate about board matters through an official City of Jackson communication forum (such as newsletter or social media) is authorized to speak for the board in that capacity and for that purpose.

(2)

Except where so empowered or authorized, a board member speaking publicly to the community of the City of Jackson or in any other public forum must ensure that his/her statements are clearly identified as personal opinions and that he/she is not speaking on behalf of, or expressing the views or positions of, the board or City of Jackson in any official capacity.

(h)

Support of board decisions. Although a board member must act in conformance with board decisions, it is not imperative that each decision be personally supported by any individual member.

(1)

A board member is encouraged to be an ambassador of the board and City of Jackson and, subject to the confidentiality standards of this section, to promote the activities and actions of the board with the community of the City of Jackson and publicly.

(i)

Meetings.

(1)

Meeting location. All board meetings will be held at a specified location in a City of Jackson facility, unless otherwise scheduled and noticed by the board chair or the board's staff liaison on behalf of the chair. In the case of an alternative meeting location, the staff liaison shall notify in writing the board's members, city council, the city manager's office, and any other pertinent city staff. All meetings shall be open to the public and comply with the Michigan Open Meetings Act.

(2)

Date and time. Regular meetings shall be held on a specified monthly day or date and time, unless amended by the board. Special meetings may be held at the board's discretion by request of the chair or by majority approval of the board at a regular meeting. Public notice consistent with City of Jackson ordinance and state law shall be given for a special meeting. Regular meetings may be cancelled by request of the chair or by majority approval of the board at a regular or special meeting. A meeting may also be cancelled by the chair upon notice from staff or board members that no quorum is reasonably expected to be present or when there is no item on the agenda other than routine formalities, such as adoption of the minutes, provided that appropriate notice is given.

(3)

Meeting notice and agenda. Written notice of all meetings with an agenda of matters to be considered by the board shall be sent at least five (5) calendar days before the meeting to the board, city council, the city manager's office, any other pertinent city staff, news media who have requested to be notified of City of Jackson public meetings, and other interested parties identified by the board. Agenda items may be submitted later if needed. Notices of meetings and agendas should be posted on the city's website in advance of meetings.

At the conclusion of each meeting, any member may suggest item(s) to be added to an agenda for consideration at a subsequent meeting. A majority of members must concur with the suggestion for the item(s) to be added to a subsequent meeting agenda.

The meeting agenda will generally follow this format, with changes to the format at the prerogative of the board chair:

 AGENDA

I.

Call to Order.

A.

Attendance.

B.

Approval of minutes.

C.

Announcements from members and city staff.

D.

Approval of agenda.

II.

Comments From the Public in Attendance.

III.

The Business of the Meeting.

IV.

Other Business.

A.

Future agenda items.

B.

Next meeting.

C.

Other topics.

(4)

Public hearings. Committees may schedule public hearings to receive testimony on policy issues approved by the city council as part of the board's annual work plan or referred to the board by the city council after work plan approval. No board public hearings may be scheduled on Tuesday evenings when the city council is in session.

(5)

Minutes. Meeting minutes should be kept indicating the board action or recommendation, indicating the individual votes on the agenda item unless Roberts Rules of Order afford other options for voting. If the board is only appointed for a specific reason, there will be a staff person assigned to take meeting minutes. Meeting minutes shall be posted on the City of Jackson website.

(j)

Board organization.

(1)

Approval. Membership on boards shall be governed by the City of Jackson's Code of Ordinances. The board shall immediately report any vacancies to the city manager and mayor.

i.

Eligibility requirements/qualifications. Unless otherwise specified, applicants are required to be residents and qualified electors of the City of Jackson. Upon appointment, all new members are sworn in by the city clerk and execute an oath of office. Board members are required to file a statement of economic interests with the city clerk and the city manager which delineates all economic interests of the appointed member that may in any manner conflict with City of Jackson ethics and conflict of interest standards and/or ordinances, and Michigan State Statutes. Board members must disclose family relationship to any employee or elected official of the City of Jackson at the time of appointment and annually on or before the 15th of January.

ii.

Americans with Disabilities Act (ADA). The City of Jackson encourages qualified individuals with disabilities to apply for appointment to boards. If an individual needs special assistance to participate in a city meeting, reasonable accommodations and arrangements will be made through the city clerk's office.

(2)

Term of appointment. The term of an appointment to a board is three (3) years, unless otherwise specified. The term for ad-hoc subcommittees is generally for the life of the subcommittee, unless otherwise stated.

(3)

Attendance. Members are expected to attend board meetings and to fully participate in and contribute to the work of the board. If a member is absent for three (3) consecutive meetings or thirty-five (35) percent of meetings within a calendar year, whether excused or unexcused, the board chair shall notify and discuss the situation with the city manager. The city council may choose to revoke the committee member's appointment.

(4)

Election of officers. Officers of the board shall consist of a chair and vice chair or co-chairs selected from members of the board by consensus or by a majority vote if consensus cannot be reached. The officers shall be selected at the board's regular meeting in November or December. The officers shall serve for a one-year term of office beginning in January.

(5)

Duties of the chair, vice chair, and co-chairs. The chair or co-chairs shall preside over the meetings and will exercise all powers usually incident to the office, including coordination of meeting agendas with the city's designated staff. The chair, or consensus of the board, may create standing or temporary boards to examine, investigate, and inquire into subjects of interest to the board. The chair retains full rights and responsibilities to participate in deliberations and votes of the board. The vice chair shall, in the absence of the chair, perform all duties of the chair at the meeting. In the absence of the chair and vice chair or both co-chairs, members present may select a temporary chair to preside at the meeting.

(6)

Subcommittees. Subcommittees may be formed by consensus or majority vote of the board to better conduct business on the board's work plan. Members of a subcommittee serve at the pleasure of the board and are subject to the same conditions as council-appointed board members. Any temporary or standing subcommittees shall be chaired by a member of the board. Temporary or standing subcommittees of the board may have ad hoc members, provided the names of the ad hoc members are reported to the full board for their review and approval prior to appointment. The city manager shall be notified when ad hoc members who are not a current member of the board are appointed to a subcommittee.

(7)

Scope of responsibility. The primary responsibility of the board is to advise and make recommendations to the city council, the elected policy-making body of the city. Boards do not make policy decisions. This responsibility properly rests with the city council and cannot be delegated to any other body however capable and interested. Members should, upon appointment, pledge to represent the overall public good and not that of an exclusive group or interest.

(k)

Board and commission operations.

(1)

Quorum. A simple majority of the board members is required to be present at a meeting in order for the board to conduct business and reach a decision unless a different number for a quorum is specified elsewhere in the Code. Meetings with less than a simple majority may be conducted; however, no official actions may be taken. If action is taken by a vote of the board, it shall consist of a simple majority of the quorum (members present), unless a different number is specified elsewhere in the Charter or Code

(2)

Robert's Rules of Order. The board process for taking action will generally be guided by the latest revised version of Robert's Rules of Order. However, a meeting need not become unduly cumbersome due to strict adherence to Robert's Rules of Order.

(3)

Testimony at public hearings. Testimony at public hearings shall be conducted in a manner similar to the City of Jackson Council meeting. Individuals wishing to testify at a public hearing shall register in advance of the start of the meeting on a form provided by the board. Persons wishing to speak at a meeting must be afforded a reasonable opportunity to be heard. Speakers may not cede all or a part of their time to another speaker. The chair has the discretion to determine the overall length of time for the public hearing and the order in which speakers shall testify, to ask speakers to confine their comments to the public hearing topic, and to take other actions to conduct the Public Hearing in a fair manner and within a reasonable length of time, provided, however, that the meeting complies fully with the Michigan Open Meetings Act. In quasi-judicial proceedings, the chairs of the boards may deviate from these rules so that there may be a fair hearing in light of the specifics of the proposal.

(4)

Recommendations. Boards may make recommendations to the city council, the city manager, and other city boards as may be appropriate, with the city council copied on all written communication. The chair shall determine whether the board's recommendation and opinion is to be stated solely within the body of the staff transmittal memorandum to city council or as a separate memorandum approved by the chair. The memorandum shall indicate the board vote on the item. The chair shall determine who will present the board's recommendation to the city council in public meeting.

(5)

Majority and minority opinions. A minority report may accompany any voted decision. Majority and minority opinions will be stated in the board's minutes. When a recommendation from the board is forwarded to the city council, the vote tally and majority and minority opinions will be disclosed.

(6)

Act as a body. The board shall act as a body. A member, when representing the board, may speak or act for the board in accordance with action previously taken by the board. The chair, or chair's designee, shall serve as official spokesperson of the board.

(7)

City administrative guidelines. Any City of Jackson Administrative Guidelines for 1) Compliance with State and Federal Discrimination Laws, and 2) Standards of Conduct, apply to board members.

(8)

Rules of procedure and ordinance review. The board shall annually review provisions of the Code of Ordinances that pertain to the board and Rules of Procedure. The board chair shall report any recommendations to the city manager.

(l)

Staff.

(1)

City staff assigned by the city manager or designee shall provide technical support to the board. Staff will provide information, data, trends analysis, etc., necessary for the board to make decisions. Staff may provide alternatives and professional recommendations to the board on various matters before the board. Staff will prepare minutes of each meeting. Staff will also provide, as necessary, tours of the community's infrastructures and prepare information for the board's review.

(2)

City staff members act as liaisons, advisors and perform necessary professional research and administrative service. Board members should not and cannot direct city staff to work on projects without the approval of the city manager. To operate the city in an effective and professional manner, the city council and city manager need to be aware of the projects on which each department is working. Pursuant to City of Jackson Charter Section 8.6, neither boards nor their members have authority to supervise or direct the work of departments, officials or employees under the direction of the city manager.

(m)

Discrimination. Members of boards shall not, in the discharge of their duties as board members, discriminate against any person because of race, religion, color, national origin, age, sex, height, weight, marital status, familial status, handicap, sexual orientation, or gender identity.

(Ord. No. 2014-2, § 2, 2-11-14; Ord. No. 2015-1, § 2, 1-27-15, eff. 2-26-15)