Battle Creek Code of Ordinances

CHAPTER 212
City Commission; Mayor
EDITOR'S NOTE: Resolution 328, passed July 15, 1997, adopted the Battle Creek City Commission Governance Model. Copies of
this resolution and of the Model may be obtained, at cost, from the City Clerk.
212.01 General functions and powers; appointment of Manager and Attorney.
212.02 Rules of Procedure of the Commission.
212.03 Travel and meeting expenses and representations; Travel Committee.
212.04 Election of Commissioners.
212.05 Code of Ethics for City Commissioners.
CROSS REFERENCES
General provisions - see CHTR. Ch. 2
City Commission to be Board of Health - see CHTR. Sec. 12.9
Power to subpoena witnesses re claims against the City - see CHTR. Sec. 12.11
Legislative body in home rule cities - see M.C.L.A. Sec. 117.3
Mayors in home rule cities - see M.C.L.A. Sec. 117.3
Authority of City Commission re special assessments - see ADM. 216.03 et seq.
Emergency powers of the Mayor - see ADM. 236.03
212.01 GENERAL FUNCTIONS AND POWERS; APPOINTMENT OF MANAGER AND ATTORNEY.
In accordance with the City Charter, the City Commission is the elected legislative and policy making body of the City. The City
Commission shall appoint the City Manager and a City Attorney, who shall serve at the pleasure of a majority of the membership of
the City Commission. Neither the City Commission nor any of its members shall dictate the appointment of any person to office or
employment by the City Manager, or in any manner interfere with him in his control over the administrative service. Except for the
purpose of inquiry, the City Commission and its members shall deal with the administrative service solely through the City Manager
and neither the Commission nor any member thereof shall give orders to any subordinate of the City Manager. The City Commission
shall have full authority to exercise all of the powers conferred upon the City, to adopt all ordinances, resolutions or other measures
relating to its Municipal concerns and to otherwise govern its affairs, unless otherwise provided for in the City Charter or by general
law.
(Ord. 14-78. Passed 11-28-78.)
212.02 RULES OF PROCEDURE OF THE COMMISSION.
Rules of Procedure of the City Commission are hereby established as follows:
I.
Regular meetings of the City Commission shall be held at the City Commission Chambers, City Hall, at 7:00 p.m., on the first and
third Tuesday of each month. However, the Commission may, by resolution, establish such other days and times for regular meetings
of the Commission; reschedule any regular meeting; or amend its schedule of meetings. Should a regular meeting fall on a legal
holiday, such meeting shall be held at a date and time as may be determined by the Commission. All meetings, except as provided for
in Rule XVI, shall be open to the public and shall be held at a place available to the general public.
II.
Special meetings of the Commission may be called by the Mayor, Manager or any three Commissioners in accordance with the
procedure set forth herein. The person or persons calling such special meeting shall execute and file with the City Clerk a written
request for such special meeting, setting forth the date and time and the business to be brought before such special meeting. Upon
receipt of such request, the City Clerk or Deputy Clerk shall prepare and sign a written notice of special meeting, setting forth the time
and date of such meeting and the business to be considered at such meeting. The Clerk shall cause a copy of such notice to be
delivered personally to each member of the City Commission or left at his place of residence at least eighteen hours before the time of
such meeting. The Clerk shall execute or cause to be executed and shall file an affidavit setting forth the time and place that notice
was given to each member of the Commission, and a copy of the notice that was given shall be attached to the affidavit, which
affidavit shall be a part of the proceedings of all special meetings. Any special meeting of the Commission shall be a legal meeting
regardless of the requirements set forth herein as to notice, when all members of the Commission are present, and any business may
be transacted at such special meeting where all members are present. Members of the Commission may waive the notice of special
meeting required herein by signing and filing with the Clerk such waiver, which may be in the form of a telegram, at any time within
five days, either before or after the date of such special meeting, and such waivers shall be a part of the proceedings of any special
meeting. Unless waivers of a special meeting are filed in accordance with this rule or all members of the Commission are present at
such special meeting, no business shall be transacted at any special meeting of the Commission unless the nature of the same has been
specifically stated in the notice of special meeting and notice of such meeting has been given as herein required.
III.
A. Every Commissioner present, including the Mayor, when a question is stated or vote is called for on any resolution, motion,
question or ordinance shall vote "Yes" or "No" thereon, unless he is excused by the unanimous consent of the remaining
Commissioners, or unless he is pecuniarily interested, in which latter case he shall not vote. The vote on all matters shall be taken and
entered upon the record of the proceedings of the Commission. A roll call vote shall be taken on any resolution, ordinance or
amendment thereto before the City Commission on a rotating basis.
B. Roll call votes shall be conducted by the Clerk in such sequence so as to rotate the requirement of voting first to each
Commissioner, including the Mayor, alphabetically around the Commission table.
C. As an alternative to paragraph B. hereof, roll call votes may be conducted by the Clerk using a machine system of voting
which permits each Commissioner to vote "Yes" or "No" and not have his or her vote displayed to other Commissioners or the public
until all votes by Commissioners have been cast, at which time the Clerk shall publicly reveal the vote.
IV.
The Mayor shall preside at all meetings of the Commission and maintain order. In his absence, the Vice-Mayor shall preside. The
Mayor may speak on all points and shall decide questions of order, subject to an appeal. He shall vote on all questions, subject to Rule
III. He shall put all questions for a vote of the Commission. If both the Mayor and the Vice-Mayor are absent, the remaining
Commissioners may, by majority vote, elect one of their members to preside at any meeting where both the Mayor and Vice-Mayor
are absent.
V.
The City Clerk, or someone designated by the City Manager, shall attend all meetings of the Commission, record attendance and
cause to be kept correct minutes of the proceedings. The Clerk shall cause such minutes to be printed, with copies thereof to be
placed in the files of the Mayor and the Commissioners, and upon approval of the minutes by the Commission, one copy, certified by
the Mayor and the Clerk, shall be kept by the Clerk as and for the official record of the proceedings of the Commission.
VI.
It shall be the duty of the Clerk to publish and/or post all ordinances or notices in accordance with the requirements of the statutes of
the State and the Charter of the City and as directed by the Commission. The City Clerk is hereby designated as a person to post
notices of all meetings of the City Commission.
VII.
It shall be the duty of the City Manager to prepare an agenda for each Commissioner, setting forth the order of business for the
meeting and the matters to come before the meeting, together with a copy of each resolution, ordinance and communication to be
considered by the Commission at that meeting. This agenda shall be available and delivered to each Commissioner not later than 5:00
p.m. on the Thursday prior to the regular meeting.
VIII.
All ordinances shall be in writing and shall be introduced in the following manner:
Any member of the Commission may, at the time provided for the introduction of ordinances in the regular order of business, or at
any time agreed to by the rest of the Commission, request the Clerk to read the title of the proposed ordinance. After the Clerk has
read the title of the proposed ordinance, any member may move that the ordinance be introduced. If this motion is seconded, a vote
shall be taken on the question of whether the ordinance may be introduced. If a majority of the members elect of the Commission
approve the introduction of the ordinance, it shall thereafter be regarded as having been introduced. Ordinances may be referred to by
reference to the entire title of the ordinance or by a short title.
No ordinance shall be adopted unless it has been introduced within sixty days of the date it is to be adopted. Unless otherwise
provided by law, an ordinance shall be adopted when approved by a majority vote of the elected members of the City Commission
after it has been moved and seconded that the ordinance, in its entirety and as amended, be adopted, and it can be referred to in such
motion by its short title.
All resolutions considered by the City Commission shall be in writing with a summary included and the resolution or the summary
thereof shall be read by the Clerk before a vote is taken. Resolutions shall be moved and seconded by Commissioners selected by the
Mayor, on a rotating basis, at each meeting, for that purpose. Resolutions, motions and questions shall require a second before a vote
is taken and shall require an affirmative vote of a majority of the members elect office Commission for adoption or passage, unless
otherwise provided by law.
IX.
The Mayor or any Commissioner may request that an ordinance or resolution be prepared by either the City Manager or the City
Attorney and that it be placed on the agenda for consideration by the Commission in accordance with these Rules. Upon receipt of
such a request, it shall be the duty of the City Manager or the City Attorney to prepare such ordinance or resolution and file it with the
City Clerk to be placed on the agenda for the meeting at which it is to be considered in accordance with such request.
X.
The order of business at meetings of the Commission shall be as follows, except when otherwise agreed to by the Commissioners:
(1) Invocation;
(2) Pledge of Allegiance;
(3) Proclamations and awards;
(4) Chair notes any added or deleted resolutions;
(5) Public comment regarding consent agenda;
(6) Commission comment regarding meeting business;
(7) Consent agenda;
(8) Public hearings;
(9) Introduction of ordinances;
(10) Adoption of ordinances;
(11) Resolutions not included in the consent agenda.
(12) General public comment;
(13) Commission comments;
(14) Recess;
(15) Governance agenda;
(16) Adjournment; and
(17) Closed session (when needed).
XI.
When any question is under debate, no motion shall be entertained except the following, and they shall have precedence in the order
in which they are set forth herein:
(1) To adjourn;
(2) To lay on the table;
(3) For the previous question;
(4) To postpone to a certain day;
(5) To commit;
(6) To amend;
(7) To postpone indefinitely.
XII.
Insofar as Robert's Rules of Order are not inconsistent with the statutes of the State, the Charter of the City or these Rules of
Procedure, such Robert's Rules of Order shall govern the proceedings of the Commission when applicable.
XIII.
These Rules may be amended from time to time by a majority vote of the Commission.
XIV.
These Rules or any of them may be temporarily suspended only after an affirmative vote by a majority of the elected members of
the Commission.
XV.
At the first meeting of each new City Commission referred to in Section 2.9 of the City Charter, the City Clerk shall call the meeting
to order and shall preside until the Mayor and Vice-Mayor are elected as hereinafter provided, and the Clerk shall, after calling the
meeting to order, proceed to administer the oath of office to all newly elected Commissioners, who shall thereupon assume their duties
and places as Commissioners.
The Commission shall then proceed to the election of the Mayor and Vice-Mayor. The Mayor and Vice-Mayor shall be elected by
a majority vote of the elected qualified members of the City Commission at the foregoing meeting in such manner as the City
Commission may in its discretion determine. After the election of both the Mayor and Vice-Mayor, they shall immediately assume the
duties of their offices.
XVI.
Closed meetings of the City Commission shall only be held for the purposes and in accordance with the provisions of Act 267 of the
Public Acts of the State for 1976, the same being the so-called "Open Meetings Act."
XVII.
It is the desire of the City Commission to encourage public expression in the course of its meetings. Such expression can be integral
to the decision-making process of the City Commission. It is the intention of the City Commission to respect the rights of persons
addressing the Commission. It is with these aims in mind, so as to promote decorum and civility and an orderly process for conducting
its public meetings, that the following rules concerning public comments, consistent with applicable law, are adopted by the City
Commission.
(1) Persons attending a regular or special Commission Meeting shall be permitted to address the City Commission in conformity
with this rule. The opportunity to address the Commission shall be limited to the following:
(a) Persons desiring to address the City Commission are encouraged, but shall not be required, to fill out and turn in to either
the City Clerk, Mayor, or presiding Commissioner, prior to the meeting, a comment card disclosing the following information: The
person's name, address, and telephone number; the specific issue, topic or resolution the individual wishes to address.
(b) During the public comment regarding consent agenda portion of the meeting speakers may address any matter on the
consent agenda. A speaker shall be permitted to address the City Commission once, for up to three minutes during this portion of the
meeting; provided, however, if in the judgment of the Mayor or presiding officer, the number of persons desiring to speak and the
constraints of time make it impractical for all persons to speak if each is given three minutes, the time period may be shortened. In the
discretion of the Mayor or presiding officer, the time period for individual speakers may also be extended when appropriate.
(c) During public hearings when scheduled, speakers may present facts and opinions on the specific matter being heard by the
Commission. A three-minute time limit is imposed per speaker. In the discretion of the Mayor or presiding officer, the time limit for
individual speakers may be lengthened or shortened when appropriate.
(d) During the consideration of specific ordinances and resolutions by the City Commission speakers addressing the City
Commission shall limit their comments to the specific issue being considered. A three-minute time limit, which may be lengthened or
shortened by the Mayor or presiding officer when appropriate, is imposed per speaker, per matter considered.
(e) During the General Public Comment portion of the meeting, speakers may address the City Commission on any matter
within the control and jurisdiction of the City of Battle Creek. A speaker shall be permitted to address the City Commission once, for
up to three minutes, during this portion of the meeting.
(2) An individual wishing to address the City Commission shall wait to be recognized by the Mayor or presiding Commissioner
before speaking. An individual who has not filled out a card requesting to address the City Commission shall raise his or her hand and
wait to be recognized by the Mayor or presiding Commissioner before speaking and shall identify themselves by name and address
and, if appropriate, group affiliation for the record.
(3) Speakers shall address all remarks to the City Commission as a whole, and not to individual Commissioners. Speakers shall
not address their remarks to members of the public in attendance at the meeting.
(4) A speaker will be ruled out-of-order by the Mayor or presiding Commissioner and the Commission will continue with its
business when the speaker:
(a) Becomes repetitive or speaks longer than the allotted time;
(b) Attempts to yield any unused portion of time to other speakers;
(c) Engages in a personal attack upon a city employee, administrator or Commissioner only if the personal attack is totally
unrelated to the manner in which the employee, administrator or Commissioner carries out his or her public duties or office;
(d) Uses obscene or profane language;
(e) Engages in slanderous or defamatory speech;
(f) Uses derogatory racial, sexual or ethnic slurs or epithets relating to any individual or category of persons; or
(g) Engages in conduct that interrupts or disrupts the meeting.
XVIII.
Whenever any board, committee, authority, council, agency or organization requests or recommends that the Commission take action
with respect to any matter, whether it be by motion, resolution or ordinance, such request shall include satisfactory evidence showing
that such request or recommendation has been approved by such board, committee, authority or the governing board of such agency or
organization.
XIX.
The Mayor and City Commissioners shall be entitled to reimbursement for travel and other expenses while on City business subject
to the same terms and conditions as are in effect for City employees.
XX.
The Mayor may appoint committees of Commissioners or Commissioners and others to study and make recommendations to the
Commission. At no time shall any single committee have a majority of the City Commission as members.
XXI.
In the preparation of the agenda, the City Manager may, when he or she determines that receipt of a report, petition or
communication, or the approval of a request from a group or individual, or a resolution of the City Commission, is of a routine nature,
place those reports, petitions, communications, requests or resolutions on a consent agenda as set forth in Rule X of these Rules for the
consideration of the Commission at one time.
At the meeting, at the time on the agenda for the consideration of the consent agenda, a Commissioner shall move and a second
Commissioner shall support adoption of the consent agenda. There will be no discussion of this motion except that any Commissioner,
the City Manager or the City Attorney may request that a specific item be removed from the consent agenda and it shall stand
removed without further action necessary. The consent agenda may then be adopted by voice vote.
The matter so removed shall be considered at its appropriate time during the meeting according to the order of business of Rule X.
When a matter which has been removed from the consent agenda comes up in the regular course of business, the normal rules of
discussion shall apply.
The City Manager is hereby authorized to include the following items on a consent agenda:
CITY COMMISSION AGENDA CONSENT ITEMS
MINUTES, PETITIONS, COMMUNICATIONS, REPORTS:
1. Approval of minutes;
2. City Manager's report;
3. Monthly and other departmental and divisional reports; monitoring reports;
4. Requests for commercial and industrial exemption certificates and districts;
5. All communications;
6. Planning Commission reports;
7. Annual Reports for BCU, TIFA, LDDA, DDA and others;
8. Petitions and requests for street paving, street lighting and utility improvements; and
9. Requests to vacate property.
RESOLUTIONS:
1. Appointments to various boards, committees and commission;
2. Setting public hearings;
3. Accepting sole-source bids between ten thousand dollars ($10,000) and fifty thousand dollars ($50,000), and contracts between
fifty thousand dollars ($50,000) and one hundred thousand dollars ($100,000);
4. Approving fund transfers;
6. Approving budget amendments;
8. Establishing new funds or budgets, budget adjustments involving Fund Balance and approving adopted budgets or budget
adjustments for BCDDA, LDDA or BCTIFA;
9. Confirming assessments for demolition;
10. Establishing special assessments and other special fund budgets;
11. Authorizing lease agreements for City-owned property in Airport area;
12. Approving signatures for checking accounts;
13. Approving liquor license requests and transfers;
14. Making permanent temporary traffic control orders;
15. Approving Neighborhood Enterprise Zone Certificates;
16. Authorizing change orders not meeting current policy;
17. Approving Industrial Facility Tax Certificates; and
18. Authorizing sale of City-owned property, including tax-reverted properties.
(Res. 17. Passed 4-19-77; Res. 228. Passed 8-16-77; Res. 438. Passed 12-6-77; Res. 439. Passed 12-6-77; Res. 35. Passed 5-1-79;
Res. 415. Passed 11-13-79; Res. 315. Passed 9-1-81; Res. 496. Passed 1-25-83; Res. 237. Passed 7-12-83; Res. 316. Passed 8-16-
83; Res. 652. Passed 1-10-84; Res. 101. Passed 5-22-84; Res. 745. Passed 3-11-86; Res. 122. Passed 5-27-86; Res. 287. Passed 8-
18-87; Res. 381. Passed 9-19-89; Res. 378. Passed 7-6-93; Res. 60. Passed 12-21-93; Res. 237. Passed 5-17-94; Res. 383. Passed
9-2-97; Res. 384. Passed 9-2-97; Res. 357. Passed 9-19-00; Res. 191. Passed 5-15-01; Res. 12. Passed 11-13-01.)
212.03 TRAVEL AND MEETING EXPENSES AND REPRESENTATIONS; TRAVEL COMMITTEE.
The Mayor shall appoint a Travel Committee composed of three City Commissioners and one alternate.
The following rules pertaining to travel and/or meeting expenses and representations of the City by City Commissioners are hereby
adopted:
(a) All requests for travel expenses exceeding four hundred dollars ($400.00) shall be forwarded to the Travel Committee for prior
approval, accompanied by a detailed agenda and itemization of expected expenses.
If direct representation of the City through votes is involved, the voting delegate shall be the Mayor or Vice Mayor or, in his or her
absence, a Commissioner designated by the full City Commission.
(Res. 95. Passed 3-20-07.)
(b) Allowable expenses are limited to:
(1) Transportation to and from the specified location. Air fare within the continental United States shall be coach class.
(2) Hotel accommodations and meals, for the time period of the meeting, including travel there and back; and
(3) Registration fees and other charges incidental to the meeting or seminar.
(c) Responsibilities of the Commissioner are:
(1) A written synopsis covering the salient issues, within thirty days of return, presented to the full Commission; and
(2) Reconcilement of all travel advances, within thirty days of return, with receipts, except for miscellaneous items. Additional
transportation, hotel and meal expenses incurred by extending the time and/or scope of the travel are the Commissioner's personal
expense.
(Res. 588. Passed 1-20-87.)
(3) Failure by any City Commissioner to provide the written synopsis required by paragraph (c)(1) hereof shall result in no
reimbursement for said travel, meeting or representation, or, if expenses have been paid by the City, such expenses shall be reimbursed
to the City by the Commissioner promptly, upon request.
Further, a City Commissioner failing to provide the synopsis required by paragraph (c)(1) hereof may be further sanctioned at the
discretion of the City Commission.
(Res. 57. Passed 1-7-97.)
(d) The Committee shall be guided in its disposition of travel requests by the validity of the trip, the Commission travel budget and
the fiscal year total of expenses incurred by the requesting Commissioner. In the event of travel outside the State, the voting delegate
should be given preference.
The Committee shall provide, in a timely manner, a written summary of each request and its disposition to each City Commissioner,
accompanied by an updated accounting of the travel expenditures approved for the fiscal year in total and for individual
Commissioners.
(e) Any Commissioner may request a full Commission review of any travel request and disposition by requesting the City Manager
to prepare a resolution approving the request and placing it on the next Commission agenda. The decision of the Commission on the
resolution shall determine the final status of the travel request.
(Res. 588. Passed 1-20-87.)
212.04 ELECTION OF COMMISSIONERS.
(a) Time of Regular Elections. Notwithstanding anything in the City Charter and pursuant to Act 239 of the Public Acts of 1970,
as amended, after the effective date of this section, the nonpartisan regular City election for the offices of At Large and Ward City
Commissioners shall be held on the Tuesday following the first Monday in November in every odd-numbered year, beginning with the
November, 1991, General Election. Thereafter, such elections shall be held every two years, in November of odd-numbered years,
pursuant to State law.
(b) Extension of Terms of Current Office Holders. Commissioners elected in April, 1989, and whose terms expire under the City
Charter in April, 1991, shall have their terms extended until their respective successors shall be elected and qualified following the
November, 1991, odd-year General Election. Commissioners elected in April, 1990, and whose terms expire pursuant to the City
Charter in April, 1992, shall have their terms extended until their successors are elected and qualified following the odd-year General
Election in November, 1993.
(c) Nominating Petitions. Candidates for the offices of At-Large City Commissioner and Ward City Commissioner shall be
nominated by petition. Notwithstanding the provisions of the City Charter providing otherwise, after the effective date of this section,
nominating petitions on official blanks shall not be circulated more than fifty days prior to the last date for filing petitions. Nominating
petitions shall be filed with the City Clerk not later than 4:00 p.m. on the twelfth Tuesday prior to an odd-year General Election,
pursuant to Act 289 of the Public Acts of 1970, as amended.
(d) Organizational Meeting. The organization and procedures set forth in Section 2.9 of the City Charter shall be followed each
year, on the second Tuesday following the first Monday of November, for the purpose of selecting a Mayor and Vice Mayor, and in
odd-numbered years for Commissioners elected at the General Election to be sworn and assume the duties of their office, and such
other business as may be provided in Section 2.9 that is appropriate. The terms of the Mayor and Vice Mayor shall be governed by
Section 2.9 of the City Charter, and shall expire at the next organizational meeting of the City Commission.
(Ord. 24-90. Passed 8-28-90.)
212.05 CODE OF ETHICS FOR CITY COMMISSIONERS.
(a) Preamble.
(1) The citizens of Battle Creek are entitled to have fair, ethical and accountable local government that has earned the public's
full confidence for integrity.
(2) Furthermore, the effective functioning of democratic government requires that public officials, both elected and appointed,
comply with both the letter and spirit of the laws and policies affecting the operations of government; public officials be independent,
impartial and fair in their judgment and actions; public office be used for the public good, not for personal gain; and public deliberations
and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
(3) To this end, the Battle Creek Commissions adopts this Code of Ethics for Battle Creek City Commissioners to assure public
confidence in the integrity of local government and its effective and fair operation.
(b) Code of Ethics.
(1) Acts in the public interest. Recognizing that stewardship of the public interest must be their primary concern, City
Commissioners will work for the common good of the people of Battle Creek and not for any private or personal interest, and they will
assure fair and equal treatment of all persons, claims, and transactions coming before the Battle Creek City Commission.
(2) Compliance with law. City Commissioners shall comply with the laws of the nation, the State of Michigan, and the City of
Battle Creek in the performance of their public duties. These laws include, but are not limited to: the United States and Michigan
constitutions; the Battle Creek City Charter; laws pertaining to conflicts of interest, contracts with public entities, election campaigns,
financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.
(3) Respect for process. City Commissioners shall perform their duties in accordance with the processes and rules of order
established by the City Commission governing the deliberation of public policy issues, meaningful involvement of the public, and
implementation of policy decisions of the City Commission by City staff.
(4) Conduct of public meetings.
A. City Commissioners shall prepare themselves for public issues, listen courteously and attentively to all public discussions
before the body, and focus on the business at hand. They shall refrain from interrupting other speakers, making comments not germane
to the business of the body, or otherwise interfering with the orderly conduct of meetings.
B. A City Commissioner and any family member claimed as a dependent of the Commissioner shall refrain from soliciting of
accepting any gifts, loans or favors except that a Commissioner and a family member claimed as a dependent of the Commissioner
may:
(5) Communication. City Commissioners shall publicly share substantive information that is relevant to a matter under
consideration by the City Commission, which they may have received from sources outside of the public decision-making process.
(6) Full disclosure.
A. A City Commissioner in the performance of their public duties shall not act upon any matter in which they have a material
financial interest, or where they have a legal or fiduciary duty to another organization or entity or personal relationship that may give
the appearance of a conflict of interest, without disclosing the full nature and extent of the interest to the other members of the City
Commission on the official record. Such disclosure must be made before the time to perform their duty or concurrently with the
performance of the duty.
B. The disclosure required by this subsection shall not supplant, but instead shall supplement, any disclosure of a personal,
contractual, financial, business, employment or pecuniary interest required by state statute.
(7) Gifts, favors, and loans.
A. A City Commissioner shall refrain from financial and business dealings that would tend to reflect adversely on the
Commissioner impartiality, interfere with the performance of their public duties or exploit their official position. A City Commissioner
should not take any special advantage of services, goods or opportunity for personal gain that is not available to the public in general.
B. A City Commissioner and any family member claimed as a dependent of the Commissioner shall refrain from soliciting or
accepting any gifts, loans or favors except that a Commission and a family member claimed as a dependent of the Commissioner may:
1. Accept a gift or honorarium, not exceeding a value of one hundred dollars ($100.00), for services rendered in the
performance of their public duties or other activity devoted to the improvement of cities, communities and the lives of citizens.
2. Accept ordinary social hospitality; a gift, bequest, favor or loan from a relative; a wedding or engagement gift; a loan in the
regular course of business from a lending institution on the same terms as generally available to the public; and a scholarship, grant or
fellowship awarded on the same terms as applied to other applicants.
3. Accept any other gift, favor or loan only if the donor is not a person or entity whose interests have come or are likely to
come before the City Commission.
4. Solicit and accept campaign contributions.
(8) Confidential information. City Commissioners shall respect the confidentiality of information concerning the property,
personnel or affairs of the City. They shall neither disclose nor divulge to an unauthorized person confidential information acquired in
the course of their duties in advance of the time prescribed for its authorized release to the public without proper legal authorization,
nor use such information to advance their personal, financial or other private interests.
(9) Use of public resources. Public resources, including City staff time, equipment, supplies, and facilities, not available to the
public in general shall only be used for the benefit of the public and not for a City Commissioner's personal or private use.
(10) Representation of private interests. In keeping with their role as stewards of the public interest, a City Commissioner shall
not appear on behalf of the private interests of third parties, including their spouses and family members within the third degree of
consanguinity to the City Commissioner or their spouse, before the City Commission or any board, committee, commission or
proceeding of the City.
(11) Advocacy. City Commissioners shall represent the official policies or positions of the City Commission to the best of their
ability when designated as delegates for this purpose. When presenting their individual opinions and positions, City Commissioners shall
neither state nor imply that they represent the opinions or positions of the City Commission or the City of Battle Creek.
(12) Policy role of members.
A. City Commissioners shall respect and adhere to the Commission-manager structure of Battle Creek City government as
outlined by the Battle Creek City Charter. In this structure, the City Commission determines the policies of the City with the advice,
information, and analysis provided by the public, subordinate boards, committees and commissions, and City staff.
B. City Commissioners therefore shall not interfere with the administrative functions of the City or the professional duties of
City staff; nor shall they impair the ability of staff to implement City Commission policy decisions.
(13) Independence of boards and commissions. Because of the value of the independent advice of subordinate boards,
committees, and commissions to the public decision-making process, members of the City Commission shall, except when the
Commissioner is a member of the public body, limit their participation in the proceedings of such subordinate public bodies to the
communication of requested information and providing factual information relevant to the discussion at hand and shall not otherwise
attempt to unduly influence the deliberations or outcomes of the proceedings.
(14) Positive workplace environment.
A. City Commissioners shall support the maintenance of a positive and constructive workplace environment for City employees
and for citizens and businesses dealing with the City. City Commissioners shall recognize their special role in dealings with City
employees so as to in no way create the perception of inappropriate direction to staff nor, except for the purpose of inquiry, give
specific orders to subordinates of the City Manager or City Attorney.
B. Because City Commissioner actions and comments contribute to the environment in which all City employees must work, in
order to create and promote a positive work environment under no circumstances shall a City Commissioner, either in public or private,
intimidate, humiliate, or otherwise abuse a City employee.
(15) Compliance and enforcement.
A. This Code of Ethics for Battle Creek City Commissioners expresses standards of ethical conduct expected for members of
the Battle Creek City Commission. City Commissioners themselves have the primary responsibility to assure that they understand and
meet the ethical standards expressed in this code of ethics and that the public can continue to have full confidence in the integrity of
government.
B. All City Commissioners shall have a responsibility to intervene when they learn of actions of another City Commissioner that
appear to be in violation of the Code of Ethics. Upon acquiring reasonable suspicion of a violation of the Code of Ethics, the Mayor or
Vice Mayor shall set, or any three Commissioners may require the setting of, a public hearing at a regular or special meeting of the
City Commission to determine whether a violation of the Code of Ethics occurred and, if so, what sanctions shall be imposed for the
violation. Such public hearing may only be cancelled with the approval of the person or a majority of the persons who initiated the
hearing being set.
C. The City Commission may impose sanctions on City Commissioners whose conduct does not comply with the City's ethical
standards. Sanctions may include reprimand, formal censure, loss of committee assignment, restrictions on budget or travel, and
removal from office by the governor in the manner and for the causes provided by law.
D. A violation of this code of ethics shall not be considered a basis for challenging the validity of a City Commission decision.
(16) Implementation.
A. As an expression of the standards of conduct for City Commissioners expected by the public, this Code of Ethics is intended
to be self-enforcing. It therefore becomes most effective when City Commissioners are thoroughly familiar with it and embrace its
provisions.
B. For this reason, ethical standards shall be included in the regular orientations for newly elected or appointed City
Commissioners. Every year, at the meeting during which the Commission elects the Mayor and Vice Mayor, each City Commissioner
shall sign a statement affirming that they have read and understand the Code of Ethics for Battle Creek City Commissioners. The
statement signed by each Commissioner shall be collected and retained by the City Attorney Office.
C. The Ethics Policy and Rules of Procedure Review Committee shall meet at least once, annually, no later than August, to
review the Code of Ethics for Battle Creek City Commissioners. It shall provide any recommendations for amendments to the City
Commission no later than the second City Commission Meeting in September.
(c) Commissioner Statement of Acknowledgment.
Model of Excellence
Battle Creek City Commission
Commissioner Statement
As a member of the Battle Creek City Commission, I agree to uphold the Code of Ethics adopted by the City Commission and conduct
myself by the following model of excellence. I will:
-Recognize the worth of individual members and appreciate their individual talents, perspectives, and contributions;
-Help create an atmosphere of respect and civility where individual members, City staff, and the public are free to express their
ideas and work to their full potential;
-Respect the dignity and privacy of individuals and organizations;
-Respect and maintain the nature of confidential and privileged information and opinions acquired as a result of my position;
-Conduct my public affairs with honesty, integrity, fairness and respect for others;
-Avoid and discourage conduct that is divisive or harmful to the best interests of Battle Creek; and
-Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit.
I affirm that I have read and fully understand the Code of Ethics for Battle Creek City Commissioners.
___________________________ ___________________________
Signature/Date Name/Office
(Ord. 07-04. Passed 4-20-04; Ord. 12-05. Passed 7-19-05; Ord. 7-2013. Passed 5-21-13.)