MINUTES OF BOARD OF COMMISSIONERS' MEETING

LANSING BOARD OF WATER AND LIGHT

___________________________
Tuesday, January 23, 2001
___________________________

The Board of Commissioners met in regular session at 5:30 p.m., in the Boardroom of the Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Chair Diane Royal called the meeting to order.

Present:

Commissioners Ronald C. Callen, Ernest J. Christian, Nancy W. Duncan, Mark A. Murray, David OLeary, and Diane R. Royal.

Absent:

Commissioners Rosemarie E. Aquilina and Charles M. Creamer.

The Acting Secretary declared a quorum present.

All said the Pledge of Allegiance.


APPROVAL OF MINUTES

Motion made by Commissioner OLeary, seconded by Commissioner Christian, to approve the minutes of rescheduled regular session held December 19, 2000.

Carried unanimously.


PUBLIC COMMENTS

THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT OR ON ANY OTHER SUBJECT NOW, OR AT THE END OF THE MEETING.

No persons spoke.


COMMUNICATIONS

There were no communications or petitions.


REPORTS OF COMMITTEES

#2001-1-1
PERSONNEL COMMITTEE REPORT

The Personnel Committee met on January 23, 2001, to review a proposed increase to the Defined Benefit pensions for retirees and a proposed change to the non-bargaining unit compensation plan.

Committee members present were Commissioners Callen, Duncan, and Royal. Absent was Commissioner Aquilina.

Pension and Medicare Reimbursement Adjustments: Chief Financial Officer Dana Tousley gave a presentation on the adjustment to the pensions of Defined Benefit retirees and the monthly Medicare reimbursement. He reported that the BWL Pension Fund is over-funded. However, the following factors contributed to reducing the over-funding: (1) the early retirement incentive in 1994, when 100 people left the BWL; (2) seventy-eight percent (78%) of BWL employees signed up for the defined contribution plan; 3) the VEBA trust fund for funding health insurance for pensioners; and 4) increases to pensioners. Mr. Tousley presented several alternatives that would increase pensioners monthly checks ranging from an average of 7.39% to 9.48%. The difference in pension increase between alternative A and alternative B was $25.00 per month. Following discussion, the Personnel Committee approved the following resolutions for Board consideration:

#2001-1-2
Increase in Pension of Defined Benefit Retirees

RESOLVED, That effective January 1, 2001, the monthly pensions of Defined Benefit retirees be increased by one percent (1%) for each year retired prior to January 1, 2000, with a maximum increase of $150.00 per month.

#2001-1-3
Increase in Medicare Reimbursement

RESOLVED, That effective January 1, 2001, the monthly Medicare reimbursement is hereby established as 90% of the Medicare premium that Defined Benefit and Defined Contribution retirees eligible for Medicare are required to pay.

Changes to Salary Plan for Non-Bargaining Employees. Human Resource Director Linda Gardner reviewed the background of the new salary plan for non-bargaining employees approved by the Board last year. She presented issues voiced by non-bargaining employees with regard to not seeing their earnings more fully reflected in their pensions. Also, non-bargaining employees are concerned that variable pay awards would not be made to those being paid above the maximum of their pay range, if the one-year exemption were to expire.

Ms. Gardner presented managements recommendation for the approval of two adjustments to the pay for non-bargaining employees. The first adjustment would mitigate the adverse impact that the salary plan has on pension earnings by including individual variable pay performance increases in the pension calculation. For participants of the Defined Benefit pension plan, this would mean that individual variable pay awards would be included in the calculation of the employees salary, which is used to calculate the pension benefit. For participants of the Defined Contribution plan, this would mean that individual variable pay awards would be included in the calculation of the employers annual contribution to the employees retirement account. The second adjustment would extend the current one-year exemption for an additional four years, which would permit employees to earn individual variable pay awards above the maximum of their pay range.

She noted that over the five total years covered by the proposed four-year exemption, management anticipates that pay ranges will move forward in a manner that will capture nearly all of the employees currently above the maximum of their pay range. (See Attachment II of Proposed Variable Pay/Pension Contribution included with the Personnel Committee meeting packet, dated January 18, 2001.)

Three options and costs associated with each were reviewed and discussed.

Option A would include individual variable pay in the pension calculation for employees earning pay above their base pay cap and would extend for four years the exemption allowing employees to earn variable pay above their pay range maximum.

Option B would include individual variable pay in the pension calculation for employees earning pay above their base pay cap.

Option C retains the current plan.

The Personnel Committee recommends Option A with the following resolution for Board consideration:

#2001-1-4
Non-Bargaining Pay Plan Changes

RESOLVED, That for non-bargaining employees employed before July 1, 2000, the one-year exemption that allows Individual Variable Pay to be paid to all employees above the Base Pay Cap and the Range Maximum be extended for an additional four years. (From July 1, 2001 through and including July 1, 2004.)

RESOLVED FURTHER, That for non-bargaining employees Individual Variable Pay be counted towards pension calculations and/or funding for the pension plan retroactive to July 1, 2000 as follows:

  1. Defined Contribution Plan – That any Individual Variable Pay will count towards a pension contribution.
  2. Defined Benefit Plan – That any Individual Variable Pay will count towards a pension calculation.

Respectfully submitted,
Ronald C. Callen, Chair
Personnel Committee

Discussion: General Manager Pandy reported that pension matters are negotiated every three years. He noted that the increase is designed to adjust defined benefit pensions by amounts that are somewhat below the rate of inflation. Mr. Pandy added that staff had recommended alternative B to the Personnel Committee. Alternative B was an increase of one percent (1%) for each year retired prior to January 1, 2000, up to a maximum of $125.00 per month. However, the Personnel Committee preferred alternative A, an increase of one percent (1%) for each year retired prior to January 1, 2000, up to a maximum of $150.00 per month. This higher amount would have minimal impact on the over-funded defined benefit pension plan, but would make a big difference to those retired a longer period of time. Commissioner Murray stated his preference that such matters be defined in policies that clearly describe their overall purposes.

Commissioner Callen described the proposed increase in the monthly Medicare premium reimbursement. The Committee recommended setting this reimbursement at ninety percent (90%) of the Medicare premium rather than at a fixed dollar amount as has been done in the past.

General Manager Pandy stated that he would be meeting with the retirees group in the near future. They have been very appreciative, in the past, for what the Board of Water and Light is doing for them.

Moved by Commissioner Callen, seconded by Commissioner Christian, that the Personnel Committee Report (Resolution 2001-1-1) be considered as read in full and approved.

Action: Carried unanimously.

Moved by Commissioner Christian, seconded by Commissioner Duncan, that Resolutions
2001-1-2 and 2001-1-3 be approved.

Action: Carried unanimously.

Moved by Commissioner Callen, seconded by Commissioner Christian, that Resolution
2001-1-4 be approved.

Action: Carried unanimously.


GENERAL MANAGER
S RECOMMENDATIONS

Background materials on items presented are on file in the Office of the Corporate Secretary.

#2001-1-5
USE OF SPECIAL COUNSEL

RESOLVED, That the General Manager be authorized to retain the following law firms as special counsel on an as-needed basis for a period of two years from February 17, 2001 to February 17, 2003. These firms will provide advice and services as needed in the areas of public finance, municipal law, general litigation, real estate, energy, environmental and employment law. These firms will be submitted to the City Attorney and, upon his recommendation, to the City Council for approval. Use of Special Counsel is subject to the recommendation of the Utility Staff Attorney and the approval of the General Manager.

Canady Law Offices
Clark Hill, PLC
Dickinson, Wright
Howard & Howard
Melvin McWilliams, P.C.
Willingham & Cote
, P.C.
Knaggs, Harter, Brake & Schneider, P.C.

Moved by Commissioner Christian, seconded by Commissioner Duncan, that the resolution be approved.

Discussion: Commissioner Callen disclosed his intention to recuse himself from discussion or vote on Resolution 2001-1-5, Use of Special Counsel, as he is currently involved with one of the firms.

Action: Adopted by the following vote:

Yeas:

Commissioners Christian, Duncan, Murray, OLeary, Royal

Nays:

None

Abstentions:

Commissioner Callen

Absent:

Commissioners Aquilina and Creamer



#2001-1-6
REVISION OF THE BOARDS RULES OF ADMINISTRATIVE PROCEDURES

RESOLVED, That the Boards Rules of Administrative Procedures, as amended, and appended to these minutes, be approved and forwarded to the City for consideration.

RESOLVED FURTHER, That the Board of Commissioners proposed schedule of meetings for 2001 be established and published.

Moved by Commissioner Murray, seconded by Commissioner Christian, that the resolution be approved.

Discussion: General Manager Pandy advised the Commissioners that the proposed rules provide for quarterly Board Meetings in the future with committee meetings held in the intervening months. He added that the revised schedule of meetings will be published as required. Commissioner Duncan noted that Human Resources Committee meeting agendas should provide for evaluating the three Board appointed positions prior to their annual appointment date. Several Commissioners expressed concern over the large volume of information they received both prior to and during the four meetings held on January 23, 2001. General Manager Pandy assured the Commissioners that materials for future meetings will be provided in advance and that general informational materials will be provided monthly.

After adoption of the Rules of Administrative Procedure by Board Commissioners, the Rules must be sent to the City Attorney for review. Then they will be forwarded to the Lansing City Council for approval.

Moved by Commissioner OLeary seconded by Commissioner Christian, that in addition to approving the Rules, as amended, to accept additional changes as follows:

  1. Add "on the following items" to the end of the opening sentence in Section 4.1.
  2. Revise Section 10.1.1(3) as follows: "Public Comments on agenda items shall be limited to three (3) minutes unless waived at the discretion of the Chair."
  3. Revise Section 10.1.1(13) as follows: "Public Comments on BWL-related matters shall be limited to three (3) minutes unless waived at the discretion of the Chair."
  4. Insert "by the Mayor" after the word "removal" in the last sentence of Section 12.1.

Action: Carried unanimously.


UNFINISHED BUSINESS

None.


NEW BUSINESS

None.


RESOLUTIONS

None


GENERAL MANAGER'S REMARKS

Employee Efforts Commended. General Manager Pandy congratulated Board of Water and Light employees on the good job they have been doing during the difficult weather conditions Lansing has been experiencing. BWL employees assisted General Motors in unloading train cars of coal which were not delivered to their original destination. The BWL has experienced 30% more water main breaks this winter than in the past. The Commissioners expressed their appreciation to BWL employees for their effort with the workload.

Deregulation. Discussion was held on the California Deregulation issue. Mr. Pandy reported that at this time, the BWL is well positioned. Western coal is currently being burned in all six of the units at Eckert Station. The power supply problem in California will affect the national economy and is tarnishing the image of electric utilities and deregulation.

Budget Update. General Manager Pandy reported that revenue is down 4.5% and expenses are down 6.8% in the budget, through December. Items impacting these numbers are the use of Western coal, reduction in overtime, and reduction in fuel cost.

BWL Activities for Year 2000 Highlighted. General Manager Pandy handed out a report entitled HIGHLIGHTS OF CITY OF LANSING, DEPARTMENT ACHIEVEMENTS-2000. Board of Water and Light activities are noted on page one of this report.

REMARKS BY COMMISSIONERS

None.

EXCUSED ABSENCES

On motion by Commissioner Christian seconded by Commissioner Callen, that the absences of Commissioners Aquilina and Creamer be excused.

Carried unanimously.


PUBLIC COMMENTS

THE CHAIR ANNOUNCED THAT MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY BOARD OF WATER AND LIGHT SUBJECT.

Joseph Davis, President of IBEW, Local 352, commented on the petition for the union election that has not taken place for BWL clerical/technical employees. He mentioned that the union obtained information through the Freedom of Information Act relative to fees paid to Gabriel Hall and Associatesthe consultant hired to represent the BWL on union matters. Mr. Davis stated that "BWL employees come to the cause when there is work to be done." Whether or not employees belong to a union has no bearing on the quality of work they perform. He stated his disappointment to learn the Pledge of Allegiance is being omitted from the Board Agenda as the result of changes made to the Boards Rules of Administrative Procedure.

ADJOURNMENT

There being no objection, the meeting adjourned by unanimous consent at 6:52 p.m.


/s/ Rosemary Sullivan, Acting Secretary

Filed with Lansing City Clerk
January 31,2001

Board of Water and Light

of the City of Lansing, Michigan

RULES OF ADMINISTRATIVE PROCEDURE
AS AMENDED 1/23/01

SUBJECT TO CITY COUNCIL APPROVAL

 

I. MEETINGS

1.1 Regular Meetings

1.1.1 The Board of Water and Light (BWL) Commissioners shall hold regular monthly quarterly meetings on the fourth Tuesday of each quarter in the Board Room, 1232 Haco Drive or at such other place, as the Board shall determine, unless a regular meeting is rescheduled as provided herein.

1.1.2 A schedule of dates, places and times for the ensuing six (6) each REGULAR quarterly meeting to be held in the calendar year months of regular meetings shall be adopted by the Board during October of not later than its regular meetings during June and December for each year.

1.2 Special Meetings

1.2.1 Special meetings of the Board may be called by the General Manager or Corporate Secretary on the request of the Chair of the Board or on the request of any two members.

1.2.2 Board members shall have at least 18 hours written notice of a special meeting designating the time and purpose of such meeting. The notice shall be delivered personally to each member of the Board or left at his or her usual place of residence or business by the Corporate Secretary or someone designated by the Corporate Secretary.

1.3 Rescheduled Meetings

1.1.1 The Chair may reschedule any regular or special meeting.

1.1.2 Notice of any rescheduled meeting shall be given as required pursuant to Section 1.2.2, and Section 2.2.

1.4 Conflicting Times

      All regular Board meetings shall be scheduled to avoid conflicting with regular meetings of the Lansing City Council.

1.5 Committee of the Whole Meetings

1.5.1 The Board may convene as a Committee of the Whole upon call by the Chair or any two Board members.

1.5.2 Notice shall be provided in accordance with the provisions for special meetings.

1.5.3 The Committee of the Whole shall report its recommendations, if any, for consideration by the Board at a regular or special meeting.

1.6 Closed Meetings

      Meetings that are closed to the public may be held closed to the public only for those purposes permitted
      under the Michigan Open Meetings Act, as amended.

II. NOTICE OF MEETINGS

2.1 Publication of Dates

     A notice listing the dates of the regular meetings shall be published semi-annually in a newspaper
     of general circulation in Ingham County at least three days prior to the time of the regularly scheduled
     meetings in July and January. At the regularly scheduled meetings in June and December October
     each year, the Board shall name the newspaper in which the notice shall be published.

2.2 Posting Notice

     Notice of all meetings of the Board regular, rescheduled, or recessed meetings, as well as any
     special meetings, shall be posted in accordance with state law.

2.3 Designated Person

     The Corporate Secretary shall be responsible for posting notices.

III. QUORUM FOR A REGULAR OR SPECIAL MEETING

3.1 Number Required

     The presence of five members of the Board, in person or by telephonic attendance, shall be
     a quorum for the transaction of business at all regular Board meetings and Special Meetings;
     provided one member a majority of the attending Board members are is present at the location
     designated in the public notice.

3.2 Lack of Quorum

     In the absence of a quorum, those present may adjourn any meeting or hearing to a later date
     or hold the meeting for the purpose of considering such matters as are on the agenda. No
     action taken in the absence of a quorum shall be valid or effective unless and until ratified
     and confirmed at a subsequent regular or special meeting at which a quorum is present and
     at which five affirmative votes are given for ratification.

IV. OFFICIAL ACTION AT REGULAR OR SPECIAL MEETINGS

4.1 The concurring vote of five (5) members shall be necessary for official action and such vote may
      only take place at for regular or special meetings of the Board on the following items:

4.1.1 Adopting the annual fiscal year budget and any amendments thereto.

4.1.2 Adopting rates for furnishing electric, water, and steam service.

4.1.3 Appointment or removal of the Director, Internal Auditor, and Secretary.

4.1.4 Purchase and sale of real property.

4.1.5 Sale or exchange of facilities as set forth in 5-207 of Lansing's City Charter.

4.1.6 Providing compensation, benefits, conditions of employment, and retirement plans.

4.2 Except as may be required by law or by section 10.3, all other matters considered by the
      Board shall require the affirmative vote of a simple majority of members present at a regular
      or special meeting.

V. VOTING

5.1 Roll Call Vote

     A roll call vote shall be required upon request of any Board member, for holding a closed
     meeting, or as determined by the Chair of the Board.

5.2 Unanimous Consent

     If there is no objection to the proposed action, the action may be taken by unanimous consent,
     except actions required by roll call vote pursua nt to these rules, the Charter of the City of Lansing,
     or the law of the State of Michigan.

VI. ANNUAL ORGANIZATION

The Board shall organize at its first regular meeting in following July 1st or as soon thereafter as is reasonably convenient, by selecting one of its members as Chair, one of its members as Vice Chair and one of its members as Chair Pro Tem, each of whom shall serve until the first regular meeting in the following July or a successor has been selected.

VII. DUTIES OF OFFICERS

7.1 Chair

     The Chair shall preside at all regular or special meetings of the Board, see that all orders and
     regulations are executed and complied with, see that all legal contracts with the BWL for or
     in the name of the City are performed, and shall perform such other duties as may be from time
     to time lawfully required of the Chair. The Chair shall also be a member of all committees of the
     Board. It shall not be necessary for the Chair to relinquish the chair for the purpose of
     participating in debate or for the making of routine motions and resolutions.

7.2 Vice Chair

     In the absence of the Chair, the Vice Chair shall perform all the duties and have all the powers of the Chair.

7.3 Chair Pro Tem

     The Chair Pro Tem shall perform all the duties and have all the powers of the Chair in the absence
     of the Chair and Vice Chair; the Chair Pro Tem shall also preside over meetings of the Committee
     of the Whole.

VIII. CHARTER POSITIONS

8.1 Director

     The Board shall at its first regular meeting in following July 1st of each year, or as soon
     thereafter as may be, appoint a Director who shall also be known as the General Manager.
     The Director shall be the executive officer of the Board of Water and Light and be directly
     responsible to the Board. The Director shall serve for the fiscal year or until a successor
     is appointed, whichever last occurs.

8.2 Secretary

     The Board shall at its first regular meeting in following July 1st of each year, or as soon
     thereafter as may be, appoint a Secretary who shall also be known as the Corporate
     Secretary. The Secretary shall be responsible to the Board and shall serve for the fiscal
     year or until a successor is appointed, whichever last occurs.

8.3 Internal Auditor

     The Board shall at its first regular meeting in following July 1st of each year, or as soon
     thereafter as may be, appoint an Internal Auditor who shall also be known as the Director
     of Metrics and Audits. The Internal Auditor shall report directly to the Board and shall
     serve for the fiscal year or until a successor is appointed, whichever last occurs.

IX. STANDING COMMITTEES

9.1 COMMITTEES

9.1.1 In order to carry out its policymaking obligations, the Board of Water and Light Commissioners shall meet as often as needed, as one or more standing committees, in the Board Room, 1232 Haco Drive or at such other place, as the Board shall determine. Notice of these meetings shall be provided in accordance with the Lansing City Charter and state law.

9.2 Committees and duties

9.2.1 The following standing committees shall be appointed:

Finance

Nominating

PersonnelHuman Resources

Executive

9.2.2 The Finance Committee shall have oversight responsibility for financial planning performance measures and audits, capital expenditures and returns, bond indebtedness and credit rating, ANNUAL O&M BUDGET, AND RATE REVIEW accounting and auditing.

9.2.3 The Nominating Committee shall at its first regular meeting following July 1st of each year, nominate a slate of officers at the its annual organizational meeting in July and shall endeavor to rotate officers of the Board annually. The Nominating Committee may suggest candidates to serve on the Board. The Board shall review suggestions made by the Nominating Committee and may make recommendations to the Mayor.

9.2.4 The Personnel Human Resources Committee shall have oversight responsibility for non-bargaining salary adjustments, employee survey results, labor relations, performance appraisal review for Board-appointed positions, Board staff appointments, salary, wages, employee benefits, and the investment policies of the retirement plans.

9.2.5 the Executive Committee shall possess the authority of the Board to direct the management of the affairs and business of the BWL. During the intervals between the Board of Commissioners' meetings, The Executive Committee shall assist in the development of the BWLs position on major issues and submit and recommend this position to the Board for consideration and action. The Executive Committee shall consider all matters not specifically assigned to other standing committees. The Executive Committee shall consider and act upon such other activities as directed or referred to it by the Board.

9.3 Appointment of Standing Committees

The Chair shall appoint the standing committees and such other special committees as the Board may from time to time establish. The first member named on each committee shall be the Chair of the committee.

All committees, except the Executive Committee, shall have four (4) regular members and two (2) alternates who shall serve in the absence of regular member(s). The Executive Committee shall consist of the Board Chair, Vice Chair, and Chair Pro Tem and one (1) Commissioner, elected by the Board, whose term shall be concurrent with the terms of the Officers.

9.4 Sub-Committees Authorized

The standing Executive Committee shall establish such sub-committees as deemed necessary.

9.5 Quorum for Committee Meetings

A quorum for a standing committee shall be two.

9.6 Committee Meetings

Meetings of standing committees may be called by the General Manager or Corporate Secretary on the request of the Chair of the board, Chair of a committee or any two committee members. A committee or a sub-committee shall meet at the call of the Chair of the committee or at the request of two committee members.

9.7 Adoption of Committee Reports, Effect

Each standing committee shall report its recommendation, if any, for consideration by the Board at a regular or special meeting.

Upon adoption of a motion to accept (or approve) a committee report, the recommendation of the committee becomes the action of the Board; provided, however, if any resolutions are necessary to carry out the report, they shall be enacted separately pursuant to section 17.5.

9.8 Recommended Committee Resolutions

Committee reports recommending action by the Board shall have incorporated in the report the necessary resolutions or motions to accomplish the action.

9.9 Discharge of Consideration

A committee shall be discharged of any matter referred to it by an affirmative vote of two-thirds of the Board members.

X. AGENDA FOR REGULAR MEETINGS

10.1 Order of Business

10.1.1 The order of business at any regular meeting of the Board shall be as follows:

1. Roll Call

2. Pledge of Allegiance

32. Approval of Minutes

43. Public Comments on agenda items; time limit shall be limited to three (3) minutes unless waived at the discretion of the Chair

54. Communications

65. Committee Reports

76. Manager's Recommendations

87. Unfinished Business

98. New Business

109. Resolutions

1110. Manager's Remarks

1211. Remarks by Board Members

1312. Motion of Excused Absence

1413. Public Comments on BWL-related matters; time limit shall be limited to three (3) minutes unless waived at the discretion of the Chair

1514. Adjournment

10.1.2 In the absence of any objection, the presiding officer shall have the discretion to vary the order of business.

10.1.3 Preparation of Agenda

The agenda shall be prepared by the General Manager and be available for distribution by noon on the Thursday immediately three days preceding a regular or SPECIAL meeting.

10.1.4 Additions to Agenda

In the absence of any objection, the General Manager or any member may add an item to the agenda at a meeting. In the event of objection, an affirmative vote of five members the majority OF THE BOARD shall be required to add an item to the agenda.

10.1.5 Public Comments

Immediately following Approval of Minutes, the Chair will announce that members of the public are invited to address the Board regarding any item on the agenda. Anyone wishing to comment on any matter not on the agenda may do so immediately prior to adjournment. The Chair may exercise its discretion in prescribing how members of the public will seek recognition, or imposing reasonable time limits for comments under the circumstances, or in limiting remarks to the subject matter under discussion.

10.1.6 Reports and Recommendations of Director and General Manager

The Director and General Manager shall advise the Board by mail of Reports and Recommendations to be considered at each regular meeting.

XI. AGENDA FOR COMMITTEE MEETINGS

11.1 Order of Business

11.1.1 The order of business at any committee meeting of the Board shall be as follows:

1. Roll Call

2. Public comment on agenda items shall be limited to three (3) minutes unless waived at the discretion of the chair.

3. Approval of minutes

4. Agenda Topics

5. Other

6. Adjourn

11.1.2 A concurring vote of a majority of committee members present shall be necessary to move a recommendation to the Board.

XII. MEMBERS OF THE BOARD

12.1 Attendance

Each member of the Board shall attend all meetings of the Board in person or by teleconference unless otherwise excused. Each member must attend at least sixty (60) fifty (50) percent of regular or special the meetings of the Board and FIFTY (50) percent of assigned committee meetings in person or by teleconference during any fiscal year. Failure to do so attend at least sixty (60) percent of the meetings of the Board during any fiscal year will be brought to the attention of the Mayor and may be grounds for removal by the Mayor from the office as a Board member.

12.1.1 Attendance in person by members of the Board at scheduled all meetings of the Board is encouraged.
           If personal attendance is not possible, attendance may be by teleconference as long as the telephonic
           call is required to be open to the public at the location specified in the notice of the meeting and
           at least one (1) member a majority of the Board is physically present at the location specified in
           the notice of the meeting. All votes taken during a teleconferenced meeting shall be by roll call.

12.2 Disqualification to Vote

Any member of the Board having a direct or indirect financial interest in any matter before the Board, or who may stand to gain or lose financially or otherwise due to action of the Board on any matter, shall indicate such interest to the Board and be disqualified from voting on such matter as set forth in Section 5-505 of the Lansing City Charter.

XIII. RECONSIDERATION OF ACTION

Any member may move to reconsider a previous action of the Board. Such motion to reconsider shall be made not later than the next regular Board meeting.

XIV. MINUTES

14.1 Preparation and Filing

The Secretary shall keep minutes of regular and special each meetings of the Board and shall file a copy in the office of the City Clerk as a public record. No official action taken by the Board shall be valid or effective until a copy of the minutes of the meeting at which such action was taken shall have been filed with the City Clerk.

14.2 Corrections

Corrections in the regular or special meeting minutes shall be made not later than the next meeting after the meeting to which the minutes refer. The corrected minutes shall show both the original entry and the correction.

14.3 Delivery to Members

The Secretary shall provide each member of the Board with a copy of the regular or special meeting minutes as soon as it has been filed with the City Clerk. Corrected minutes shall be available no later than the next subsequent meeting after correction.

14.4 Public Inspection

Proposed minutes will be available for public inspection not more than eight (8) business days after the meeting to which the minutes refer. Approved minutes will be available for public inspection not later than five (5) business days after the meeting at which the minutes are approved. Copies of the minutes will be made available to the public at a reasonable estimated cost for printing or copying. (1976 Public Act 267).

XV. CONFIDENTIAL COMMUNICATIONS

Any communications or memoranda addressed to Board members by the General Manager when marked "Confidential" shall not be released to any unauthorized person until such time as the writing has been declassified by the Chair or General Manager or made a part of the proceedings of a regular or special meeting or committee meeting. No documents shall be withheld when requested by a member of the public unless the withholding of such documents is authorized by Public Act 442, 1976, or by any other provision of law.

XVI. CONTRACT LIMITATIONS

The Board shall not have the power to make any contract with or give any official position to any person who is known to be in default to the City.

XVII. AMENDMENTS

Any member of the Board may initiate amendments to the Rules of Administrative Procedure by presenting them in writing at any regular meeting. All Board members must be notified of such amendments mailed at least four (4) days before the amendment is to be voted upon. The affirmative vote of five (5) members shall be required to amend the rules of procedure.

XVIII. MISCELLANEOUS

18.1 Parliamentary Procedure

All questions of procedure not covered by these rules or the City Charter of the City of Lansing shall be governed by the provisions in "Roberts Rules of Order."

18.2 News Media Regulations

18.2.1 Members of the news media shall be provided with a table in the Board Room for their use. They shall have made
           available to them, upon request, a copy of the General Manager's Recommendations and any data accompanying
           the recommendations not marked "Confidential" at 10:00 a.m. one working day prior to the date of the meeting.

18.2.2 Following the adjournment of a Board meeting, members of the news media may request interviews of Board members.

18.2.3 All policy statements shall be made on behalf of the Board by the Chair.

18.3 Vacancy, Resignation, Absence of Elected Officers

18.3.1 In the event the office of Chair shall become vacant by death, resignation or otherwise, the Vice Chair shall
           assume the office of Chair, the Chair Pro Tem shall assume the office of Vice Chair and the Board shall
           elect a Chair Pro Tem.

18.3.2 In the absence of the Chair, Vice Chair and Chair Pro Tem, a Chair Pro Tem shall be elected who would
           hold office during the session, unless such office is terminated by the entrance of the Chair, Vice Chair or
           Chair Pro Tem.

18.4 Freedom of Information

It shall be the policy of this Board to follow the provisions of Public Act 442, 1976, as it may be amended by legislative enactment of judicial decision.

18.5 Resolutions

Any Board member may sponsor a resolution. Any resolution may be co-sponsored by other Board members. A resolution must be submitted for placement on the Agenda as specified under Article X - Agenda. The sponsor of a resolution may withdraw the resolution at any time prior to enactment. Consent of the co-sponsors to withdrawal is not required.

_________________________

Adopted by the Board 5/8/79, and amended 8/14/79, 11/14/79, 3/11/80, 11/11/80, 7/14/81, 8/11/81, 7/13/82, 7/26/83, 6/26/84, 3/5/85, 12/18/90, 1/5/91, 7/28/98.

PROPOSED SCHEDULE OF RECURRING BOARD AND COMMITTEE ITEMS

CALENDAR YEAR 2001

 

Regular Board

Executive Committee

Committee of the Whole

Finance Committee

Nominating Committee

Human Resources Committee

Pension Fund Trustees

January 23

Board Meeting

   
  • Growth & Expansion Status

  • Revenue Bond Issue
  • Ottawa Business Case

 

   
  • Annual Pension Trustees Meeting RE: investments, actuarial valuation, audits, and policies.

  • Participants Investment Options for the DC Pension Plan

February 27

 

 

 
  • Review of Utility Performance Indicators

  • Quarterly Internal Audit Report
     

March 27

     
  • Sales Forecast

  • Capital Projects Status
  • Capital Forecast
  • Risk Assessment (environmental, operational, financial and legal)
     

April 24

     
  • Annual Budget Review

  • Annual Rate Review
  • Utility Fees and Charges
  • Quarterly Internal Audit Report
 
  • Non-Bargaining Salary Adjustments

 

May 22

Board Meeting

  • Consider New Non-Bargaining Salary Adjustments for FY
  • Consider Utility Fees and Charges
  • Consider FY Operating Budget
       
  • Review STS Incentive Program corporate and process measures

  • Review Employee Survey Results
 

June 26

 
  • Review Business Plan and Performance Objectives

  • Review Board Policies and Procedures
  • Review Rules and Regulations
   
  • Board Officer Nominations

   

July 24

Board Meeting Annual Mtg.

  • Approve Board Officers
  • Consider STS Performance Measures
   
  • Quarterly Internal Audit Report

     

August 28

         
  • Performance Appraisal Review for three Board-Appointed Positions

 

September 25

Annual Board Retreat

           

October 23

Board Meeting

  • Consider Performance Appraisals for three Board-Appointed Positions
  • Consider Board Staff Appointments
   
  • Annual Audit Review of BWL Enterprise Fund

  • Quarterly Internal Audit Report
     

November

 

           

December