A
SSOCIATED
N
EWSPAPERS OF
M
ICHIGAN
P
AGE
4
August 23, 2018
Charter Township of Canton Board Proceedings – August 14, 2018
A regular meeting of the Board of Trustees of the Charter Township of Canton was held Tuesday, August 14, 2018 at 1150 Canton
Center S., Canton, Michigan. Supervisor Williams called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance to the
Flag.
Roll Call
Members Present: Anthony, Foster, Siegrist, Slavens, Sneideman, Williams. Members Absent: Graham-Hudak Staff
Present: Director Hohenberger, Director Faas, Director Meier, Director Trumbull Staff Absent: None
Adoption of Agenda
Motion
by Siegrist, supported by Anthony to approve the agenda as presented. Motion carried by all members present.
Approval of
Minutes
Motion by Siegrist, supported by Sneideman to approve the Board Meeting Minutes of July 27, 2018 as presented. Motion
carried by all members present.
Citizen’s Non-Agenda Item Comments:
Greg Greene, 46890 Creeks Bend Drive, commented on
neighborhood conditions and maintenance issues, as well as the reimplementation of a Neighborhood Coordinator position within
the township to work with the Homeowners Associations. Trevor Tutro-Anderson resident, near Palmer and Lotz, commented on
traffic flow at that intersection. Suzanne Reel – Accountant from WTUA commented on the 2018 WTUA Annual budget. Trustee
Sneideman questioned if any of the flow currently goes to Detroit. Ms. Reel stated all flow goes to Ypsilanti.
Payment of the Bills:
Motion by Slavens, supported by Sneideman to approve payment of the bills as presented. Motion carried by all members present.
CONSENT CALENDAR: Item C-1. Appointment to the Historic District Commission. (Supv.)
Motion by Siegrist, supported
by Sneideman to approve the Township Supervisor’s recommendation for appointment of Scott Beutner to the Canton Historic
District Commission for a three-year term effective through August 14, 2021. Motion carried by all members present.
Item C-2.
WTUAAnnual Budget Approval. (Supv.)
Motion by Siegrist, supported by Sneideman to adopt the following resolution. Motion
carried by all members present.
RESOLUTION OF BOARD OF TRUSTEES CHARTER TOWNSHIP OF CANTON
WHEREAS,
Western Townships Utilities Authority has prepared a proposed budget for the fiscal year ending September 30, 2019,
which has been reviewed by the Finance Committee on July 12, 2018 and the Board of Commissioners on July 30, 2018; and
WHEREAS,
the Authority is required to submit a budget to each of the member Townships for approval in August of each year,
NOW, THEREFORE BE IT RESOLVED
that the departmental budget for the Authority as presented on page 1 of the Proposed
Annual Budget for the fiscal year ending September 30, 2019, in the amounts presented, is hereby approved. Signed by Charter
Township of Canton Board of Trustees on August 14, 2018: John Anthony – Trustee; Ann Marie Graham-Hudak – Trustee; Sommer
Foster – Trustee; Michael Siegrist – Clerk; Dian Slavens – Treasurer; Stephen Sneideman – Trustee; Pat Williams - Supervisor
Item
C-3. Consider Acceptance of the Final Recycling Infrastructure Grant Report and Authorize the Municipal Services
Director to Submit the Report to the State of Michigan Department of Environmental Quality (MDEQ). (MSD)
Motion by
Siegrist, supported by Sneideman to accept the final recycling infrastructure grant report and authorize the Municipal Services
Director to submit the report to the State MDEQ. Motion carried by all members present.
Item C-4. Second Reading of Addition
of Chapter 2, Article V to Canton Township Code of Ordinances, Entitled “Code of Ethics” Sections 2-225, through 2- 251.
(MSD)
Motion by Siegrist, supported by Sneideman to hold the second reading establishing Canton Township Code of Ordinances
Chapter 2, Article V, Entitled “Code of Ethics” Sections 2-225, through 2-251 with a publication and effective date of August 23,
2018. Motion carried by all members present.
STATE OF MICHIGAN COUNTY OF WAYNE CHARTER TOWNSHIP OF
CANTON CHAPTER 2 AN ORDINANCE TO ADD A NEW ARTICLE V TO CHAPTER 2 OF THE CHARTER TOWN-
SHIP OF CANTON CODE OF ORDINANCES ENTITLED “CODE OF ETHICS” TO PROVIDE CLARITY TO PUBLIC
OFFICIALS AND EMPLOYEES AS TO BEHAVIOR NECESSARY TO INSTILL TRUST AND FAITH IN GOVERN-
MENT ON THE PART OF THE PUBLIC. THE CHARTER TOWNSHIP OF CANTONORDAINS: SECTION 1. ORDI-
NANCE AMENDMENT ARTICLE V. CODE OF ETHICS DIVISION 1. GENERALLY Sec. 2-225. Purpose.
The intent of
this ordinance is to set forth standards of conduct for public officials and, to the extent not otherwise governed by applicable col-
lective bargaining agreements, personnel/policy manuals or work rules, employees of the Charter Township of Canton. The ordi-
nance also provides references to certain state statutes that regulate the conduct of officials and employees of local government. The
citizens of the Charter Township of Canton are entitled to fair, ethical, and accountable local government that affords them full con-
fidence in its integrity. Democratic government requires officials to comply with both the letter and spirit of law and policies affect-
ing the operations of government, that public officials be independent, impartial, and fair in judgment and action. An effectively
functioning public office is a public trust and may only be used for the common good and not personal gain. Public deliberations
and processes are to be conducted openly, unless such deliberations are lawfully closed to the public, with respect and civility. A
Board of Ethics is established to hear complaints against representatives of the Charter Township of Canton and, when there is a
reasonable basis to believe that the respondent has intentionally violated this ordinance, to refer those complaints for prosecution
and/or a disciplinary hearing by the appointing authority. The ordinance provides for penalties for violations of this ordinance. Sec.
2-226. Definitions. As used in this article, the following words and phrases shall have the following meaning:
Board of Ethics
means
the Township Board of Ethics established in Division 3 of this Article and may also be referred to as the ethics board.
Contractor
means an individual or firm, other than an employee, who derives revenue or services from the Charter Township of Canton by pro-
viding goods or services to the Township and controls public resources.
Employee
means a person employed by the Township on a
full or part-time basis.
Gift
means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangi-
ble item having monetary value including, but not limited to, cash, food and drink, travel, lodging, and honoraria for speaking
engagements related to or attributable to government employment or the official position of an official, employee, and contractors.
Government contract
means a contract in which the Township acquires goods or services, or both, from another person or entity,
but the term does not include a contract pursuant to which a person serves as an employee or appointed official of the Township.
Governmental decision
means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution,
ordinance, or measure on which a vote by the members of a legislative or governing body, including a board, commission, com-
mittee, subcommittee, authority, or council, which is empowered to exercise authority or perform an official action, is required and
by which a public entity formulates or effectuates public policy.
Immediate family
means a person and a person’s spouse and the
person’s children and step-children, by blood or adoption, and that person’s parents, parents-in-law and step-parents and any per-
son claimed by that person or person’s spouse as a dependent under the Internal Revenue Code or a person who resides in the same
household.
Official
means a person who holds office, by election or appointment within the Township regardless of whether they
are compensated for service in an official capacity, including individuals appointed to a township board or commission.
Official
action
means a decision, recommendation, approval, disapproval or other action or failure to act which involves the use of discre-
tionary authority.
Prohibited source
means any person or entity who: is seeking official action (i) by an employee or (ii) by an offi-
cial or another employee directing that employee; does business or seeks to do business (i) with the official or (ii) with an employ-
ee, or another employee directing that employee; conducts activities regulated (i) by the official or (ii) by an employee, or another
employee directing that employee; or has interests that may be substantially affected by the performance or nonperformance of the
official duties of the official or employee.
Relative
means any relationship established by blood, marriage, or legal action.
Township
Board
means the seven member body consisting of the supervisor, clerk, treasurer, and four trustees known collectively as the Board
of Trustees for the Charter Township of Canton Sec. 2-227. Implementation. (1) This Code of Ethics is intended to be self-enforc-
ing and therefore becomes most effective when everyone is thoroughly familiar with and embraces its provisions. For this reason,
ethical standards shall be included in the regular orientation for newly elected and appointed officials, employees, and contractors
who control township resources or public funds. Township officials, appointees, employees, and contractors shall sign a statement
affirming they have read and understood the Code of Ethics. In addition, the Code of Ethics shall be annually reviewed by the
Township Board, which shall consider recommendations for updates of the Code of Ethics as necessary. DIVISION 2. STAN-
DARDS OF ETHICAL CONDUCT
Sec. 2-228. Quality of Life.
All information provided by officials, employees, and contractors
of the Township will be truthful and complete. These individuals shall not knowingly make false or misleading statements, or use
false or misleading information as the basis for making a decision. Township officials, employees, and contractors shall conduct
themselves as role models for residents, business people and other stakeholders while involved in public deliberation. Township
board members shall support the maintenance of a positive and constructive workplace environment for township employees, and
for citizens and business dealing with the township. Township decisions and actions shall be intended to improve the quality of life
in the community and shall consider the unique needs of the less fortunate. Because of the value of independent advice of boards,
commissions and committees to the public decision-making process, members of the Township Board shall refrain from using their
official positions to unduly influence the deliberations, outcomes or recommendations of board, commission and committee pro-
ceedings. When representing the Township on a regional or multijurisdictional board or commission and confronted with an issue
that pits the Township’s interests against the greater interests or the broader jurisdiction, the Township Board shall be consulted for
direction and guidance. When such guidance cannot be sought, representatives of the Township must consider the broader region-
al or statewide implications of that body’s decision and issues. The professional and personal conduct of township officials, employ-
ees, and contractors must avoid the appearance of impropriety. While recognizing First Amendment rights, all should refrain from
abusive conduct, personal charges or verbal attacks upon the character or motives of other officials, employees, and contractors of
the Township. Township Board Members shall represent the official policies or positions of the Township Board to the best of their
ability when designated for this purpose. When presenting their individual opinions and positions, officials shall explicitly state they
do not represent the Township Board or the Township as a whole. Sec. 2-229. Gift Ban. Except as permitted by this ordinance, no
official, employee, or contractor of the Township shall intentionally solicit or accept any gift from any prohibited source or which
is otherwise prohibited by law or ordinance. Sec. 2-230. Exceptions. Sec. 2-229 is not applicable to the following: Opportunities,
benefits, and services that are available on the same conditions for all participants in an event or activity. Promotional material with
a nominal value not exceeding $20. Anything for which the official, employee, or contractor pays the fair market value. Any con-
tribution that is lawfully made under the Campaign Finance Laws of the State of Michigan. A gift from an immediate family mem-
ber or relative, including domestic partner or significant other. Anything provided by an individual on the basis of a personal friend-
ship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position
or employment of the recipient and not because of the personal friendship. In determining whether a gift is provided on the basis of
personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the
relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between
those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift
or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the indi-
vidual who gave the gift also at the same time gave the same or similar gifts to other officials, employees, or contractors. Food or
refreshments not exceeding $50 per person in value on a single calendar day in a given week, and limiting gifts from an individual
prohibited source to one per financial quarter; provided that the food or refreshments are (i) consumed on the premises from which
they were purchased or prepared, or (ii)
catered
. For the purposes of this Section,
catered
means food or refreshments that are pur-
chased ready to consume which are delivered by any means. An individual department may create guidelines and policy stricter than
this provision. Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activ-
ities (or outside activities that are not connected to the official duties of an official, employee, or contractor), if the benefits have
not been offered or enhanced because of the official position or employment of the official, employee, or contractor, and are cus-
tomarily provided to others in similar circumstances.
Intra-governmental
and
inter-governmental
gifts. For the purpose of this ordi-
nance,
intra- governmental
gift means any gift given to an official, employee, or contractor from another official, employee, or con-
tractor of the Township, and
inter-governmental
gift means any gift given to an official, employee, or contractor by an official,
employee, or contractor of another governmental entity. Bequests, inheritances, and other transfers at death. Each of the exceptions
listed in this Section is mutually exclusive and independent of every other. Sec. 2-231. Disposition of Gifts. An official, employee,
or contractor does not violate this ordinance if they promptly take reasonable action to return a gift from a prohibited source or
donate said gift for any purpose untainted by motives of private gain
.
Sec. 2-232. Confidential Information. A public official,
employee, or contractor shall not divulge confidential information acquired in the course of employment. Sec. 2-233. Personal
Opinion. An official, employee, or contractor shall not represent his or her personal opinion as that of the Township. Sec. 2-234.
Public Resources
.
An official, employee, or contractor shall use personnel resources, property, and funds under their care and con-
trol judiciously and solely in accordance with prescribed constitutional, statutory, and regulatory procedures and not for personal or
political gain. Sec. 2-235. Personal Profit. A public official, employee, or contractor shall not engage in a business transaction in
which they may profit from their official position or authority or benefit financially from confidential information which they have
obtained or may obtain by reason of that position or authority. Instruction which is not done during regularly scheduled working
hours or when taking paid time off shall not be considered a business transaction pursuant to this subsection if the instructor does
not have any direct dealing with or influence on the employing or contracting facility associated with his or her course of employ-
ment with this township. Sec. 2-236. Incompatibility and Conflicts of Interest. Except as otherwise provided in the Michigan
Constitution of 1963, statute, or Sec. 2-238, an official or employee shall not engage in or accept employment or render services
for a private or public interest when that employment or service is incompatible or in conflict with the discharge of the official or
employee’s official duties or when that employment may tend to impair his or her independence of judgment or action in the per-
formance of official duties. The simultaneous holding of more than one public position under certain circumstances is contrary to
the requirements of the Incompatible Public Offices Act, MCL 15.181 et seq. However, the simultaneous holding of certain public
positions is permitted where specifically authorized by the Michigan Constitution of 1963 or state statute. Sec. 2-237. Personal and
Financial Interests. Except as provided in Sec. 2-238, an official, employee, or contractor shall not participate in the negotiation or
execution of contracts, making of loans, granting of subsidies, fixing of rates, issuance of permits or certificates, or other regulation
or supervision relating to an entity in which the official, employee, or contractor has a financial interest, personal interest, or a
fidu-
ciary duty
. For the purposes of this ordinance
fiduciary duty
means the responsibility to act on behalf of a beneficiary as a director
or executive board member of a corporation, for profit or otherwise. This section does not apply to employees engaged in the nego-
tiation of collective bargaining agreements due to their membership in a union recognized by the Township. Sec. 2-238. State
Conflict of Interest Act, Validity of Contracts, and Voting on, Making, or Participating in Governmental Decisions. This ordinance
shall not in any manner vary or change the requirements of 1968 PA 317, being Sections 15.321 to 15.330 of the Michigan Compiled
Laws, which governs the solicitation by and participation in government contracts by officials, employees, and contractors of the
Township and preempts all local regulation of such conduct. A contract in respect to which a public official, employee, or contrac-
tor acts in violation of this ordinance shall not be considered to be void or voidable unless the contract is a violation of a statute
which specifically provides for such remedy. Subject to subsection (4), Sections 2-236 and 2-237 shall not apply and an official
shall be permitted to vote on, make, or participate in making a governmental decision if all of the following occur: The requisite
quorum necessary for official action on the governmental decision by the board or commission to which the official has been elect-
ed or appointed is not available because the participation of the official in the official action would otherwise violate Sections 2-
236 and 2- 237. The official is not paid for working more than 25 hours per week for the Township. The official promptly disclos-
es any personal, contractual, financial, business, or employment interest they may have in the governmental decision and the dis-
closure is made part of the public record of the official action on the governmental decision. If a governmental decision involves
the awarding of a contract, Sections 2-236 and 2-237shall not apply and a public official shall be permitted to vote on, make, or par-
ticipate in making the governmental decision if all of the following occur: All of the conditions of subsection (3) are fulfilled. The
public official will directly benefit from the contract in an amount less than $250.00 or less than 5% of the public cost of the con-
tract, whichever is less. The public official files a sworn affidavit containing the information described in subdivision (b) with the
board or commission making the governmental decision. The affidavit required by subsection (c) is made a part of the public record
of the official action on the governmental decision. Section 200.318 of the Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards describes mandatory language that has been included in the Purchasing/ Procedure /
Rules / Bidding Policy of the Township. Additionally, Section 200.212 of the Super Circular requires the Township disclose in writ-
ing any potential conflict of interest to a Federal awarding agency or pass-through entity. Sec. 2-239. Political Activities of Public
Employee
,
Public Official
,
and Contractor. Employees of local units of government running for office, political campaigning by
employees, and limitations on officials and employees seeking support from other employees for those campaigning for public
office and for or against ballot proposals are regulated by the Political Activities by Public Employees Act, MCL 15.401 et seq. The
activities permitted by the act shall not be actively engaged in by a public employee during those hours when that person is being
compensated for the performance of that person’s duties as a public employee. Complaints may be filed with the Michigan
Department of Energy, Labor and Economic Growth. MCL 15.406. Violation of the provisions of the Act by employees and appoint-
ed officials are subject to appropriate disciplinary action, up to and including termination by the appointing authority. Violations of
the ordinance are also subject to the sanctions listed in this article. Michigan Campaign Finance Act, MCL 169.201 et seq.
Complaints regarding compliance with the Act may be filed with the Michigan Department of State. A member or candidate for the
Board of Trustees for the Charter Township of Canton shall not solicit contributions or endorsements from township appointees,
employees, contractors or volunteers, during the course of their official duty. This provision is not intended to interfere with an indi-
vidual or group’s right to endorse or contribute on their own, or to prohibit soliciting contributions or endorsements outside of the
course of an official duty. Township resources shall not be used for political benefit in accordance with the Michigan Campaign
Finance Act, MCL 169.257(1). A knowing violation of Section 57 of the Act is a misdemeanor offense according to MCL
169.257(4). Sec. 2-240. Anti-nepotism. Relatives of any elected official are disqualified from holding any appointed office or
employment during the term for which said elected official was elected. This Section shall in no way disqualify such relatives or
their spouses who are bona fide appointed officials, employees, or contractors of the Township at the time of the election or appoint-
ment of said official to elective board or commission office. In the event that an employee’s relative is elected to one of three full
time positions, that employee shall not be in a direct reporting relationship to the full time elected official. Sec. 2-241.
Representation before Governmental Body. An official, employee, or contractor of the Township shall not represent any other per-
son in any matter that the person has before the Township when the official, employee, or contractor appoints or otherwise super-
vises the board, commission, official or employee responsible for handling the matter. Sec. 2-242. Transactional Disclosure.
Whenever an official, employee, or contractor is required to recuse themselves under this ordinance, they: Shall immediately refrain
from participating further in the matter, Shall promptly inform their superior, if any, and Shall promptly file with the Board of Ethics,
and clerk of the Township a signed Affidavit of Disclosure disclosing the reason for recusal. The clerk shall send copies of the
Affidavit of Disclosure to all of the members of the governing body of the Township and the Affidavit shall be attached to the min-
utes of its next meeting. Sec. 2-243. Annual Disclosure Statement. The following elected and appointed officials and employees
shall file an annual disclosure statement: township supervisor, township clerk, township treasurer, township trustee, directors of
departments and managers of divisions, members of the zoning board of appeals, and members of the planning commission The
annual disclosure statement shall disclose the following financial interest of the official or employee or their immediate family in
any company, business, or entity that has contracted with the Township or which has sought licensure or approvals from the
Township in the two calendar years prior to the filing of the statement: Any interest as a partner, member, employee or contractor
in or for a co-partnership or other unincorporated association; Any interest as a director, official, employee or contractor in or for a
corporation; and Legal or beneficial ownership of 1% or more of the total outstanding stock of a corporation, excepting managed
portfolios, funds, or retirement vehicles. The annual disclosure statement shall include a summary listing each business transaction
with the Township involving a financial interest described in this Section of the township official or employee and/or the immedi-
ate family of the official or employee during the two prior calendar years. If there is no reportable financial interest or transaction
applicable to the official or employee and/or the immediate family of the official or employee, the annual disclosure statement shall
contain a certification to that effect. DIVISION 3. BOARD OF ETHICS
Sec. 2-244. Establishment.
There is hereby created a board
to be known as the Board of Ethics of the Charter Township of Canton. The function of the Board of Ethics shall be advisory and
investigatory and it is not empowered to take direct action against any person or agency. The Board of Ethics shall be comprised of
three members: One of whom shall be appointed by the Township Board, One of whom shall be appointed by the township super-
visor, One of whom shall be appointed by the Township Human Resources Manager No person shall be appointed as a member of
the Board of Ethics who is related, either by blood or by marriage up to the degree of first cousin, to any elected official of the
Township nor shall they be employed by the Township. No more than two members of the Board of Ethics shall belong to the same
political party at the time such appointments are made. Party affiliation shall be determined by affidavit of the person appointed.
Members shall serve without compensation. Members of the Board of Ethics shall either reside or own a business inside the geo-
graphic boundaries of the Township. Township Corporation Counsel and the Human Resources Manager shall serve on the Board
of Ethics as ex officio members without the right to vote. Sec. 2-245. Organization. At the first meeting of the Board of Ethics, the
initial appointees shall draw lots to determine their initial terms of 3, 2, and 1 year(s), respectively. Thereafter, all board members
shall be appointed to 3-year terms. Board of Ethics members may be reappointed to serve subsequent terms. At the first meeting of
the Board of Ethics and thereafter at the discretion of the board, the board members shall choose a chairperson from their number.
Meetings shall be held at the call of the chairperson or any 2 board members. A quorum shall consist of two board members, and
official action by the Board of Ethics shall require the affirmative vote of two board members. The business of the Board of Ethics,
including its hearings, shall be conducted at a public meeting held in compliance with the Open Meetings Act, 1976 PA 267, MCL
15.261 et seq. Sec. 2-246. Removal. The Township Board of Trustees may remove an ethics board member in case of incompeten-
cy, neglect of duty, or malfeasance in office after service on the board member by certified mail, return receipt requested, of a copy
of the written charges against the board member and after providing an opportunity to be heard in person or by counsel upon not
less than 10 days’ notice. Mid-term vacancies shall be filled by the Human Resources Manager. Sec. 2-247. Powers and Duties. The
Board of Ethics shall have the following powers and duties: To promulgate procedures and rules governing the performance of its
duties and the exercise of its powers. Upon receipt of a written and signed complaint against an official, employee, or contractor to
investigate, conduct hearings and deliberations, issue referrals for disciplinary hearings and refer violations of this ordinance or state
or federal criminal statutes to the attention of the Township Board with a request to the appropriate law enforcement agency for fur-
ther investigation. Where a jurisdictional question arises the Board of Ethics may consult with the Canton Police Department for
assistance. The Board of Ethics shall, however, act only upon the receipt of a written complaint alleging a violation of this ordi-
nance and not upon its own initiative. To receive information from the public pertaining to its investigations and to seek additional
information and documents from officials, employees, and contractors of the Township. To request the attendance of witnesses and
the production of books and papers pertinent to an investigation. It is the obligation of all officials, employees, and contractors of
the Township to cooperate with the Board of Ethics during the course of its investigations. Failure or refusal to cooperate with ethics
board requests shall constitute grounds for discipline or discharge of appointed officials and employees of the Township. The pow-
ers and duties of the Board of Ethics are limited to matters clearly within the purview of this ordinance. Sec. 2-248. Complaints.
Complaints alleging a violation of this ordinance shall be filed with the clerk of the Township or the Human Resources Manager.
The clerk or member of the clerk’s staff shall attend the Board of Ethics meetings and act as secretary. Within 5 business days after
the receipt of a complaint, the clerk shall send by certified mail a notice to the respondent that a complaint has been filed against
them together with a copy of the complaint. Within 5 business days after receipt of a complaint, the clerk shall send by certified
mail a notice of confirmation of receipt of the complaint together with a copy of the complaint to the complainant. The notices sent
to the respondent and the complainant shall also advise them of the date, time, and place of the Board of Ethics hearing to deter-
mine the sufficiency of the complaint and to establish whether there is a reasonable basis to believe that the respondent has violat-
ed this ordinance. The clerk shall also concurrently send copies of the foregoing complaint and notices to the members of the Board
of Ethics and work with the chairperson to establish the hearing date, time, and location. The Board of Ethics shall conduct a hear-
ing to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this ordinance, to
determine whether there is a reasonable basis to believe that the respondent has violated this ordinance based on the evidence pre-
sented by the complainant and any additional evidence provided to the Board of Ethics at the hearing pursuant to its investigatory
powers. The complainant and respondent may be represented by counsel at the hearing. Within a reasonable period of time after the
completion of the hearing which may be conducted in one or more sessions at the discretion of the chairperson, the Board of Ethics
shall issue notice to the complainant and the respondent of any ruling on the sufficiency of the complaint and, if necessary, as to
whether they find that there is a reasonable basis to believe that the respondent has violated this ordinance. If the complaint is
deemed sufficient to allege a violation of this ordinance and the Board of Ethics finds reasonable basis to believe that the respon-
dent has violated this ordinance, then the clerk shall notify in writing the Board of Trustees and shall transmit the complaint and all
additional documents in the custody of the Board of Ethics concerning the alleged violation, with the ethics board’s request for the
filing of appropriate criminal or civil proceedings. The clerk shall also provide these documents to the respondent’s appointing
authority within the Township with the ethics board’s request for the commencement of appropriate disciplinary action consistent
with any applicable collective bargaining agreements, personnel/policy manual rules or other employment regulations of the
Township. If a 2/3 roll call vote of the Township Board concurs with the request for the filing of appropriate criminal or civil pro-
ceedings, then the clerk shall notify in writing the special prosecutor designated by the Township Board and shall transmit the com-
plaint and all additional documents in the custody of the Township Board concerning the alleged violation, with a request for the
filing of appropriate criminal or civil proceedings. The clerk shall also provide these documents to the respondent’s appointing
authority within the Township with the Township Board’s request for the commencement of appropriate disciplinary action consis-
tent with any applicable collective bargaining agreement, merit commission rules or employment regulations of the Township.
Sections 2b - 2e of the State Ethics Act, MCL 15.341 et seq, set forth protections for officials and employees who act as whistle-
blowers regarding the conduct of the Township officials and employees. Additional whistleblower protections are set forth in the
Whistleblowers’ Protection Act, 1980 PA 469, MCL 15.361 et seq. Any person who files a complaint alleging a violation of this
ordinance knowing that material information provided therein is not true or that information provided therein was made in reckless
disregard for the truth may be subject to a fine of up to $500 as well as the reasonable costs incurred by the Township in investi-
gating the complaint and the reasonable costs incurred by the Respondent in responding to the complaint. Any person knowingly
filing a frivolous complaint, or using the complaint process to harass individuals, may be subject to a fine of up to $250 as well as
receive formal censure from the Township Board of Trustees upon the recommendation of the Board of Ethics. A complaint must
be filed with the clerk within four years of the date the offense is alleged to have occurred. DIVISION 4. SANCTIONS
Sec. 2-249.
Sanctions shall not be construed to diminish or impair the rights of an official or employee under any collective bargaining agree-
ment, or personnel/policy manuals, nor the Township’s obligation to comply with such collective bargaining agreements and poli-
cies. Sec. 2-250. State statutes cited in this ordinance may also contain criminal penalties and civil remedies that apply to the con-
duct regulated by this ordinance. If the Board of Ethics determines in the course of their investigation that a violation may have
occurred that is outside of the scope of this ordinance, they shall refer the complaint to the appropriate law enforcement agency. In
that situation the Board of Ethics shall discontinue any proceedings under this Article so as to avoid impairing any investigation
from said law enforcement agencies. Sec. 2-251. Penalties. Any person who shall be convicted by a court of competent jurisdiction
of violating the provisions of this ordinance, excepting Sec. 2-228, shall be guilty of a misdemeanor and shall be punished by a fine
of up to $500 and/or 90 days in jail, in the discretion of the court. In addition to any other penalty, whether criminal or civil, an
employee, official, or contractor who intentionally violates this ordinance may be subject to disciplinary action including censure,
reprimand, removal, dismissal or discharge. In addition, the common law offense of misconduct in office (misfeasance, malfeasance
and nonfeasance) constitutes a felony as provided in the Michigan Penal Code, MCL 750.505 and willful neglect of duty consti-
tutes a misdemeanor as provided in MCL 750.478. A copy of the complete text of this Ordinance is available at the Clerk’s Office
of the Charter Township of Canton, 1150 S. Canton Center Road, Canton, MI., 48188, during regular business hours. The approved
text of the Amendment will be published in the Canton Eagle/Associated Newspaper within the meeting minute’s synopsis of the
date of approval. A complete copy of the Ordinances for Canton Township is available at
. Based on the approval
of the “Code of Ethics” ordinance, motion by Siegrist, supported by Sneideman to repeal the repeal policy HR 21 “Ethic’s Policy”
effective August 23, 2018. Motion carried by all members present.
GENERAL CALENDAR: Item G-1. Consider Award of
Professional Design and Construction Engineering Services to Northwest Consultants, Inc. for the 2018 Water Main
Replacement Projects. (MSD)
Motion by Siegrist, supported by Slavens to award a contract for professional design and con-
struction engineering services for the 2018 Water Main Improvement Projects to Northwest Consultants, Inc. in the amount of
$76,270.00 plus a contingency of $10,000.00 for a total of $86,270.00. Motion carried by all members present.
Item G-2. Consider
Approval of a Purchase Order Contract with OHM Advisors and Approval of a Budget Amendment for Construction
Engineering and Inspection Services for the Warren Road Pressure Reducing Valve. (MSD)
Motion by Siegrist, supported by
Slavens to approve the following budget amendment: Increase Expenditure: 592-536.970_0090 Capital Outlay Work in Progress:
$71,000
Decrease Expenditures: 592-536.990 Transfer to Fund Balance:
$71,000
Motion carried by all members present. Motion
by Siegrist, supported by Slavens to award a purchase order contract to OHMAdvisors for an amount not to exceed $71,000 for the
construction engineering and inspection of the proposed Warren Road Pressure Reducing Valve. Motion carried by all members
present.
Item G-3. Consider Approval of Contract Extension with Skerbeck Entertainment Group for the Canton Liberty
Fest. (CLS)
Motion by Siegrist, supported by Slavens to approve the agreement for carnival services to be provided by the Skerbeck
Entertainment Group, P.O. Box 1070 Fennville, MI 49408 for a five-year extension to the existing agreement. Motion carried by all
members present.
Item G-4. Consider Approval of Gravel Road Base Installation at Patriot Park. (CLS)
Motion by Siegrist,
supported by Foster approve the installation of gravel road base at Patriot Park by Hutch Paving, 3000 E. 10 Mile Rd. Warren, MI
48091 in the amount not-to-exceed $29,947 to be paid from Account # 101-270-99.970_0080 Capital Outlay Land Improvements.
Motion carried by all members present.
Item G-5. Consider Approval of Emergency Cart Path Replacement and Budget
Amendment. (CLS)
Motion by Siegrist, supported by Foster to approve the budget amendment as follows: Increase Expense: 584-
697-78.970_0080 Capital Outlay Land Improvements: $
79,505.00
Decrease Expenditure: 584-756-50.990 Transfer Funds to
Balance $
79,505.00
Motion carried by all members present. Motion by Siegrist, supported by Slavens to approve the removal and
replacement of the deteriorated golf cart path on Fellows Creek Golf Club by Hutch Paving, 3000 E. 10 Mile Rd. Warren, MI 48091
in the amount not-to-exceed $
79,505.00
to be paid from Account # 584-697-78.970_0080 Capital Outlay Land Improvements.
Motion carried by all members present.
ADDITIONAL PUBLIC COMMENT:
None
OTHER:
Director Hohenberger reminded
the Board the annual maintenance shut-down of the Summit on the Park begins September 4 th and will continue for 4 days. The
Gym will be closed earlier than September 4 th but will reopen the same time as the rest of the Summit. Club 55 – the Senior Center
will be renovated with the demo beginning on September 4 th as well – with limited accessibility. Clerk Siegrist stated at the August
7 th Primary Election a record number (37%) of our registered voters turned out to cast their ballots. Over 8900 Absentee Ballots
were tabulated. This was also the first election since the Precinct realignment took place. Trustee Foster complimented and thanked
Canton Public Safety on conducting The Youth Public Safety Academy which she feels is a great program.
ADJOURN:
Motion by
Anthony, supported by Foster to adjourn at 7:32 p.m. Motion carried by all members present. _____
Michael A. Siegrist, Clerk
____Pat Williams, Supervisor
Copies of the complete text of the Board Minutes are available at the Clerk’s office of the Charter Township of Canton, 1150 S.
Canton Center Rd, Canton, MI 48188, 734-394-5120, during regular business hours and can also be accessed through our web site
after Board Approval.
CN1737 - 082318 5 x 18.375
A Veteran's Health Summit is
planned from 9 a.m. until 1 p.m. Sept. 20
at the VisTaTech Center at Schoolcraft
College.
This is the 9th Annual Veterans'
Summit which brings experts together
with veterans in need of understanding
the benefits for which they may be eligi-
ble. Topics this year will include an
update on the Veterans Administration
Ann Arbor Medical Center; a state veter-
ans update; information regarding the
Veterans Home for southeast Michigan;
ways to maximize veterans health care;
veterans health and medical cannabis
and anupdate ondisability benefits.
Veteran specialists will also be on
hand to address special needs.
Representatives of the Veterans
Administration the Michigan Veterans
Association and counselors from Wayne
Countywill answer questions.
Veterans and guests must register for
the free event at:
/e/9th-annual-veterans-health-summit-
tickets.
Annual veterans conference set Sept. 30
Civitans Taste Fest tickets now on sale
The Civitans Annual Taste Fest in
Plymouth Old Village will take place from
6-8 p.m. on Friday, Sept. 7 during the
Plymouth Fall Festival. The event, as has
become a tradition, will take place at
Station 885where a gigantic 40 by 120-foot
tent will be erected and there will be live
music, a cash bar, food and refreshments.
Ticket holders will enjoy treats from 21
restaurants and a winery and Granite
City beers.
Pre-sale tickets are priced at $15 for
adults and $5 for children ages 5-10.
Children younger than 5 are admitted
free with an adult. Tickets can be pur-
chased at the Plymouth Chamber of
Commerce or Station 885 by noon on
Sept. 7. They can also be purchased on
Aug. 31 at the Civitan booth during Music
in theAir.
Tickets purchased at the event will be
priced at $20 this year with tickets for
children ages 5-10 priced at $10. Credit
cardswill be accepted.