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Lansing Charter Commission approves edits to chapters 2 and 3, clarifying forfeiture and council powers
Summary
At its Jan. 21 meeting the Charter Commission voted to amend several charter provisions in Chapters 2 and 3: clarifying default/forfeiture language, changing how two‑thirds votes are calculated, amending quorum wording, and adding council powers to require officer cooperation. Some votes were split.
The Lansing Charter Commission approved several amendments to charter language on Jan. 21 that affect removal-for-cause rules, voting thresholds and new powers for the city council to require cooperation from city officers.
Key decisions
- Forfeiture and removal (Chapter 2): The commission approved language clarifying that a person “in default to the city” may be subject to forfeiture or dismissal during a term of office and directed that the city develop an ordinance setting procedures for notice and cure. The change was adopted unanimously.
- Two-thirds vote calculation (Section 3-205): The commission approved an option that computes two-thirds thresholds relative to the number of council seats established in the charter (members elect), not just members serving. Commissioner Boyd recorded a “no” vote; the motion carried with the remainder voting in favor.
- Quorum wording (Section 3-203): Commissioners amended quorum language to say a majority of council members elected shall constitute a quorum for business; the change was adopted.
- Council rights and responsibilities (Section 3-207): The commission added new language spelling out that council members may compel officers to attend meetings and that officers and employees who “willfully and without justification or excuse” obstruct a council-authorized inquiry may face consequences. Proposed consequences include recommending disciplinary review (for employees), referral for forfeiture proceedings (for officers), prosecution by the law department where appropriate, and other penalties established by ordinance or rule. That change passed by a recorded 5–3 margin.
- Codification/recodification housekeeping: The commission accepted updated language to reflect ongoing online codification of city ordinances rather than a once-every-10-years printed recodification; that housekeeping item passed unanimously.
Why it matters: legal standards and process
Commission counsel cited the Home Rule Cities Act and related case law when discussing removal-for-cause standards and the scope of council powers. Counsel recommended adding clearer charter text where state law uses terms such as “fixed term” or “removed for cause,” and suggested the commission leave specific procedural steps to ordinance or council rule so processes can be updated without amending the charter.
What commissioners said
Several commissioners pressed for procedural clarity and employee protections before approving enforcement language. Commissioners Boyd and Bauer asked for stronger protections for employees who cooperate with council inquiries; commission counsel recommended adding anti-retaliation or whistleblower protections in the employee/HR sections of the charter to address that concern.
Votes at a glance (recorded items from Jan. 21)
- Amendment to Chapter 2 (forfeiture / default): Passed (unanimous). - Two-thirds vote language (Section 3-205, option adopted): Passed (8–1; Commissioner Boyd recorded the lone no vote). - Quorum language (Section 3-203): Passed (unanimous). - Council rights & responsibilities (Section 3-207; powers to compel attendance and enforcement options): Passed (5–3 as recorded on the floor). - Ordinance/codification housekeeping (recodification language): Passed (unanimous).
Next steps
Commission counsel will draft clarifying language on timing for notice and cure (commissioners discussed changing a 15‑day cure period to 30 days), and the commission asked staff to prepare suggested whistleblower/anti-retaliation wording for the sections dealing with employee protections. Commissioners also directed that officials provide ordinance drafts for procedural steps the charter references.
Ending: Commissioners said the line-by-line review will continue at upcoming meetings with an eye toward finalizing draft language for legal review and, if approved, placement on a future ballot.
