| Notice of Ordinance Submittal- Ord 52 Conflict of Interest |
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The Charter Township of Ironwood, Gogebic County, Michigan, NOTICE OF ORDINANCE SUBMITTAL.
TO: THE RESIDENTS AND PROPERTY OWNERS OF THE CHARTER TOWNSHIP OF IRONWOOD, COUNTY OF GOGEBIC, STATE OF MICHIGAN, AND ANY OTHER INTERESTED PERSON:
PLEASE TAKE NOTICE that proposed new Ordinance (Number 2010-52) has been submitted to the Township Board of the Charter Township of Ironwood, which if adopted would;
(Number 2010-52) Conflict of Interest Ordinance. This ordinance is to establish a conflict of interest guidelines, to the proper operation of government requires that Public Officials be independent, impartial, and responsible to their constituents, that public office not be used for personal gain, that no public official shall gain personal or pecuniary advantage from his or her work.
PLEASE TAKE FURTHER NOTICE that the full text of the proposed Ordinances have been posted in the office of the Township Clerk and in the following six public places within the Township within the 7 days proceeding the publication of the Ordinance for public examination:
PLEASE TAKE FURTHER NOTICE that the Said Ordinance will be considered for adoption by the Township Board at its regular meeting to be held at the Charter Township Hall on Monday November 8, 2010; commencing at 4:30 p.m.
All interested parties are invited to be present at the aforesaid time and place to participate in discussion upon said Ordinance.
Gayla Salmi, Clerk Charter Township of Ironwood N10892 Lake Road Ironwood, Michigan 49938 (906)932-5800
Charter Township of Ironwood Ordinance 2010-52 Conflict of Interest
Preamble An ordinance to confirm Conflict of Interest.
THE CHARTER TOWNSHIP OF IRONWOOD, GOGEBIC COUNTY, MICHIGAN, ORDAINS:
Section 1: Scope, Purpose and Intent This ordinance is adopted pursuant to the authority granted the township board under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., and the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101, et seq., to establish a conflict of interest ordinance and limitations provided by those Acts and subject to the terms and conditions of this ordinance and any future amendments to this ordinance.
The purpose of this ordinance is to provide that the Charter Township of Ironwood Board shall hereby define conflict of interest under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq.
Section 2: Purpose The proper operation of government requires that Public Officials be independent, impartial, and responsible to their constituents, that public office not be used for personal gain, that no public official shall gain personal or pecuniary advantage from his or her work.
Section 3 :A conflict of interest for which a member of the planning commission, board of trustees, board of review, zoning board of appeals, committees, appointed or elected (hereon considered ‘board;) member shall include, but not necessarily be limited to, a matter pending before the said board which:
1. Concerns the member himself or herself
2. Concerns work on land owned by the member or which is adjacent to land owned by the member
3. Involves a corporation, company, partnership or other entity in which the member is a part owner, or any other relationship where the member may stand to have a financial gain or loss.
4. Results in a financial benefit to the member.
5. Concerns the member’s children, stepchildren, grandchildren, parents, brothers, sisters, grandparents, parent’s in-law, or members of the member’s household.
6. The member’s employee or employer is: An applicant or agent for the applicant
7. A conflict of interest shall not include an interest the member may have in common with the general public interest.
Section 4:
Before participating in a decision or hearing or casting a vote on a matter on which a member of the planning commission, board of trustees, board of review, zoning board of appeals, committees, appointed or elected or zoning board of appeals (hereon considered ‘board;) may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the board. Failure of a member to disclose the potential conflict of interest as required by this ordinance constitutes malfeasance in office. If such a conflict of interest is identified, the member shall disqualify himself or herself at the outset of the hearing or discussion and shall not participate in the discussion or decision. Such member shall not attempt to exert his or her personal influence with respect to the matter, either at or outside the meeting.
A board member who plans not to attend a meeting at which he or she has reason to believe that the board will act on a matter in which the person has a Conflict of Interest shall disclose to the chair of the meeting all facts material to the Conflict of Interest. The chair shall report the disclosure at the meeting and the disclosure shall be reflected in the minutes of the meeting.
A board member who has a Conflict of Interest with respect to a Contract or Transaction that will be voted on at a meeting shall not be counted in determining the presence of a quorum for purposes of the vote.
The person having a conflict of interest may not vote on the Contract or Transaction and shall not be present in the meeting room when the vote is taken. Such person's ineligibility to vote shall be reflected in the minutes of the meeting. A board member who is submitting the Contract or Transaction to said board may be present to make presentation and answer Board’s questions, but shall not be present in the meeting room when the vote is taken
In the event it is not entirely clear that a Conflict of Interest exists, it will be determined by a majority vote of the remaining members of the board.
Section 5: Effective Date This ordinance shall take effect on the date of its publication.
CERTIFICATE
The undersigned, as the duly elected and acting clerk of the township, hereby certifies that this ordinance was duly adopted by the township board at a regular meeting of said board, at which a quorum was present, held on __________________, and that copies of the ordinance were transmitted and published as directed.
_________________________________ Township Clerk
_________________________________ Township Supervisor
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