The City of Detroit is committed to using the resources and power of City government to support, maintain, and encourage local industries, which serve our community and provide jobs that sustain families and the City. Subject to the limitations of the Local Government Labor Regulatory Limitation Act MCL 123.1381 et seq. and for the purposes described in this section, the City of Detroit establishes by enactment of this ordinance the implementation of Industry Standards Boards. The enactment of this legislation will assist in the provision of safety in workplaces and working standards, and is a benefit to the City and its residents through increased physical and mental wellbeing, and economic growth.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
For purposes of this article, the following phrase shall have the meaning ascribed to it by this section:
Department means the Human Rights Department also known as the Civil Rights Inclusion and Opportunity Department (CRIO).
Employer association means a trade organization or a local chamber of commerce.
Worker organization means any organization tasked with the outreach and training of workers on various laws that affect their employment.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
The City Council may by the adoption of a resolution establish an Industry Standards Board for a specific industry when:
(1) A formal petition is submitted to the City Clerk in accordance with Section 12-11-4 of this Code;
(2) At the request of the Mayor, or
(3) At the discretion of the City Council.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
(a) Petitions to establish any Industry Standard Board for a specific industry shall be signed by a minimum of 150 workers from the specific industry.
(b) Petitions shall be on the form provided or approved by the City Clerk for this purpose.
(c) Signed petitions shall be submitted to the City Clerk. The City Clerk shall report to the City Council the receipt of the petitions and forward the petitions to the Department to canvass the petitions and make a determination regarding their compliance with Subsection (a) of this section. Upon completion of the canvass, or upon request by the City Council, the Department shall report its conclusions to the City Council. Upon a finding by the City Council that a petition to establish an Industry Standards Board satisfies the requirements of Subsection (a) of this section, the City Council shall within 45 days of receipt of the report from the Department adopt a resolution establishing
an Industry Standards Board for the subject industry.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
(a) A particular Industry Standards Board shall be dissolved:
(1) One year after the Industry Standards Board has issued its recommendation;
(2) Two Years after its creation if no recommendation has been issued; or
(3) By majority vote of the industry Standards Board itself, with public notice to the subject Industry and opportunity for public comment.
(b) Within 12 months of the dissolution of an Industry Standards Board, a worker in the relevant industry, the Mayor, or the City Council may request that the Board be reconvened.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
The Human Rights Department will support the activities of the board by scheduling meetings and securing public meeting places, and may assist with basic clerical functions.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
No employer may retaliate against an employee that participates in an Industry Standards Board for their participation in such activity.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
(a) All meetings and hearings of an Industry Standards Board shall be open to the public, and noticed and conducted in compliance with the Michigan Open Meetings Act, being MCL 15.261 et seq. In accordance with the purposes of Industry Standards Boards, public participation is to be encouraged and public comment shall be a part of every Industry Standards Board meeting.
(b) Records of an Industry Standards Board shall be made available in accordance with the Michigan Freedom of
Information Act, being MCL 15.231 et seq.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
Special meetings of an Industry Standards Board shall be called at the request of the Chairperson, three members of the Board, by City Council, or by the Mayor. Notice of special meeting shall be given at least 48 hours prior to such meetings and shall state the purpose, date, time, and place of the meeting. Special meetings shall be held in accordance with Section 8 of the Michigan Open Meetings Act, being MCL 15.268.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
(a) Under Section 8 of the Michigan Open Meetings Act, being MCL 15.268, an Industry Standards Board may go into closed session only for certain specified exemptions.
(b) When an agenda item falls under one of the exceptions under Section 8 of the Michigan Open Meetings Act, being MCL 15.268(a) through (h), the Chairperson shall call for a roll call vote to go into closed session. Upon receiving the necessary majority or two-thirds roll call vote, as specified by Section 7 of the Michigan Open Meetings Act, being MCL 15.267, the portion of the meeting subject to the exception enumerated in the Michigan Open Meetings Act shall be closed to the public.
(c) The Secretary, or designee of the Chairperson, shall act as recording Secretary during a closed session and keep separate minutes. In accordance with Section 7 of the Michigan Open Meetings Act being MCL 15.267, the minutes of all closed meetings shall be kept in the Office of the City Clerk for one year and a day.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
A majority of members serving shall constitute a quorum of an Industry Standards Board for the taking of official action at regular and special meetings.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
(a) The Chairperson or persons calling the meeting shall prepare, in conjunction with designated staff, an agenda for each meeting.
(b) To the extent practicable, the agenda package shall be hand-delivered, mailed via first class mail, or sent via email, to each Industry Standards Board Member and the City Clerk at least four days prior to the meeting. The package shall contain sufficient information and reports so that Industry Standards Board members have the opportunity to obtain a working knowledge of each item appearing on the agenda.
(c) Changes to the agenda may be proposed after discussion with, and concurrence by, the Chairperson. The agenda may be amended at the Industry Standards Board meeting by action of the Industry Standards Board.
(d) All Industry Standards Board members shall provide, and update as necessary, contact information with the Office of the City Clerk for the purposes of receiving meeting notices, agenda packages, and other relevant information.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
Parliamentary procedure in Industry Standards Boards meetings shall be governed by “Robert’s Rules of Order, Newly Revised.”
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
An Industry Standards Board may schedule hearings and discussions on any topic or item related to information relevant to the subject industry for which the Industry Standards Board was established, or regarding a topic or an item on which formal action may be required.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
Each Industry Standards Board shall consist of nine members, who either live or work in the City, appointed as follows:
(1) Three members that are workers, or representatives which have been chosen by workers, in the subject industry:
a. The Mayor shall appoint one member identified in Subsection (a)(1) of this section; and
b. The City Council shall appoint two members identified in Subsection (a)(1) of this section;
(2) Three members that are from management or employer associations in the subject industry:
a. The Mayor shall appoint one member identified in Subsection (a)(2) of this section; and
b. The City Council shall appoint two members identified in Subsection (a)(2) of this section;
(3) One representative appointed from the Mayor’s Office.
(4) One representative appointed from City Council; and
(5) One representative from the public at-large appointed by City Council.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
(a) Vacancies on an Industry Standards Board shall be filled in the same manner as the original appointment.
(b) Absence from three consecutively scheduled meetings, without notifying the Chairperson prior to the beginning of the scheduled meetings and requesting an excused absence, shall be cause for removal.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
All members of an Industry Standards Board serve without compensation.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
The Industry Standards Boards shall have three officers: Chairperson, Vice-Chairperson, and Secretary.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
The Industry Standards Board shall nominate and elect its officers from within its membership on an annual basis within 60 days of the adoption of the resolution creating the board, and on every anniversary thereafter.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
The Chairperson, Vice-Chairperson, and Secretary shall take office immediately following their election and shall hold office for a term of one year, or until their successors are elected and assume office.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
(a) The Chairperson shall:
(1) Preside at all meetings, when present;
(2) Execute all documents relating to Industry Standards Board policy or designate such responsibility as warranted;
(3) Prepare the initial agenda for each meeting; and
(4) Perform any other agenda duties as directed by the Industry Standards Board.
(b) The Vice-Chairperson shall:
(1) Act in the capacity of the Chairperson in the Chairperson’s absence; and
(2) In the event the office of the Chairperson becomes vacant, the Vice-Chairperson shall succeed to this office for the unexpired term.
(c) The Secretary shall:
(1) Discharge such duties as prescribed for the Secretary by “Robert’s Rules of Order, Newly Revised,” except where staff from the Department is available to perform them;
(2) Forward the Industry Standards Board records, including notices for, and minutes of, meetings and hearings to the City Clerk who shall maintain the records for the Industry Standards Board; and
(3) Act in the capacity of the Vice- Chairperson in the Vice-Chairperson's absence. In the event the office of the Vice-Chairperson becomes vacant, the Secretary shall succeed to this office for the unexpired term; the Industry Standards Board shall elect a successor to the office of Secretary for the unexpired term.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
The powers and duties of an Industry Standards Board shall include the authorization to gather relevant information through:
(1) Investigation. All Industry Standards Boards shall have the authority to investigate market conditions, which may include but is not limited to, requests for information from the subject industry, reports from both employee and management perspective, and the distribution and gathering of surveys.
(2) Outreach. All Industry Standards Boards shall utilize worker organizations to assist in the collection of required information and promotion, and the engagement of workers in the subject industry in the process. Employers in the subject industry are strongly encouraged to assist in the dissemination of information and promotion of an Industry Standards Board.
(3) Hearings. All Industry Standards Boards shall, prior to issuing any recommendation, hold public hearings regarding the subject industry. All such public hearings shall be held at a time and location convenient to the employees of the subject industry, and shall include interpretation services.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
Each Industry Standards Board shall:
(1) Evaluate and make findings regarding factors that may contribute to a shortage of workers or difficulty retaining workers in a subject industry which shall include, but is not limited to the current level of compensation, benefits, opportunities for training, and work scheduling;
(2) Conduct educational outreach that increases public participation and enables the Industry Standards Board to identify industry specific practices that may negatively impact workers, consumers, and residents of the City;
(3) Consider the required level of compensation in the subject industry to provide for family supporting wages sufficient to protect the health of residents as well as contribute to a vibrant City;
(4) Consider standards for the subject industry which would improve the health of its workers and the general community; and
(5) Receive and forward any complaints regarding the subject industry to the appropriate enforcement agency for review and potential action.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
(a) At the conclusion of the activities for a specific industry, conducted as provided in Section 12-10-62 of this Code, the Industry Standards Board shall create a comprehensive report based upon topics relevant to the subject industry for which the Industry Standards Board was established, which shall include the following recommendations as necessary:
(1) Appropriate standards for the subject industry including wage, benefits, and working conditions:
(2) Improvements to current operational industry standards;
(3) Worker training to lead to better performance in the industry, which can lead to, amongst other things, improved satisfaction with one’s job and the quality of the job itself;
(4) Steps to improve compliance with state law and City ordinance; and
(5) The promotion of the findings contained within the report to interested parties, including residents of the City and the subject industry located in the City.
(b) The report created pursuant to Subsection (a) of this section shall be submitted to the Department within 15 days of said reports completion and shall be published on the Department’s website for one year from the date of the original posting provided that said report conforms to the intent of the ordinance and does not conflict with state preemption.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
The final report created pursuant to Section 12-11-63 of this Code shall be distributed to the Mayor and City Council for examination of the recommendations made by an Industry Standards Board, and for potential further action.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
(a) City Council may hold further hearings related to the recommendations provided in the report identified in Section 12-11-63 of this Code, and explore methods to educate Detroit workers and industries on those recommendations and options to assist workers and residents in enforcing all City and State standards for
which noncompliance is found to be prevalent in the industry.
(b) Where enforcement of the City Code is necessary, the City Council shall forward such findings of non-compliance to Corporation Counsel to determine appropriate enforcement action.
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
Codified by Ord. No. 2021-42 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).