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(a) The recreation and parks commission may delegate to the director of recreation and parks or his designee, the function of settling disputes, conducting hearings, making determinations and issuing suspensions regarding unsportsmanlike conduct during the course of or arising out of any sports activity organized, conducted, or supervised in whole or in part by the department of recreation and parks.
(b) The recreation and parks commission may delegate to the director of recreation and parks or his designee, the function of settling disputes, conducting hearings, making determinations, issuing rules of prohibition, and issuing suspensions regarding any code of conduct violation that may occur at one of the facilities or parks that fall within the jurisdiction of the department of recreation and parks.
(c) For the purposes of this section, the word "participant" includes a player, coach, manager, spectator, person affiliated with a department of recreation and parks team or sports activity, or any person using one of the facilities or parks that fall within the jurisdiction of the department of recreation and parks.
(d) For the purposes of this section, the phrase "unsportsmanlike conduct" includes, but is not limited to, the utterance of profane or vulgar language, the threatening or intimidation of an official or another participant, the striking or pushing of an official or another participant, or any other act which interferes with the orderly conduct of recreational activities.
(e) For the purposes of this section, the phrase "violation of the code of conduct" includes, but is not limited to, the use of vulgar language, intimidating remarks, disorderly conduct, public intoxication, or any other act that interferes with the orderly operation of parks and recreational facilities.
(f) After a hearing conducted pursuant to this section, the director of recreation and parks, or his designee, shall make determinations of fact and may:
(1) Issue a suspension to any participant who is determined to have committed an act or acts of unsportsmanlike conduct; and/or
(2) Issue a rule of prohibition that shall prohibit an individual from entering a facility and/or park that falls within the jurisdiction of the department of recreation and parks.
A suspension shall constitute a prohibition from participating as a player, coach, manager, or spectator in any sports activity organized, conducted or supervised in whole or in part by the department of recreation and parks, and a prohibition from affiliating with a department of recreation and parks team.
A suspension may be for any period of time or number of games, up to a maximum of five years, at the discretion of the director of recreation and parks, or his designee.
A rule of prohibition may be for any period of time, up to a maximum of five years, at the discretion of the director of recreation and parks, or his designee.
In making his decision, the director of recreation and parks, or his designee, may consider past indictments of unsportsmanlike conduct and/or code of conduct violations.
The decision of the director of recreation and parks, or his designee, shall be reduced to writing; the written decision shall be kept on file in the office of the director of recreation and parks with a copy provided to the affected person.
(g) The director of recreation and parks, or his designee, may issue a suspension to any person who participates, or to a manager or coach who allows a person to participate, in any sports activity while such person is ineligible to participate under the rules and regulations of the department of recreation and parks.
(h) Violation of the terms of any suspension or rule of prohibition issued pursuant to this section shall be a misdemeanor punishable by a fine not to exceed $500.00 or imprisonment not to exceed 93 days, or both fine and imprisonment, at the discretion of the court.
(Ord. No. 12-1350, 2-27-12)
(a) Any person affected by a decision of the director of recreation and parks, or his designee, may appeal the decision to the recreation and parks commission. Such person shall file a written notice of intent to appeal in the office of the director of recreation and parks within 21 days of the date of the decision appealed from.
(b) An appeal shall be heard by the recreation and parks commission within 45 days of receipt of a notice of intent to appeal. The hearing shall occur at a regularly scheduled meeting of the recreation and parks commission and shall be conducted in accordance with the Robert's Rules of Order and the Open Meetings Act (MCL 15.261, et seq.). The secretary of the recreation and parks commission, or his designee, shall provide the appellant with written notice of the date, time and place that his appeal will be heard. If the appellant fails to appear at the meeting after proper notice, the appeal will be deemed abandoned.
(c) The burden of proving the decision of the director of recreation and parks, or his designee, is inappropriate shall be on the appellant.
(d) After hearing an appeal, the commission may sustain the decision of the director of recreation and parks, or his designee, or modify the decision, at its discretion.
(e) The decision of the recreation and parks commission shall be reduced to writing; the written decision shall be kept on file in the office of the director of recreation and parks with a copy provided to the appellant.
(f) The decision of the recreation and parks commission is final.
(Ord. No. 12-1350, 2-27-12)
In fulfilling and carrying out the duties to be done and performed by the recreation and parks commission, it shall not, at any time, invade or supplant the duties or functions of the department of recreation and parks, but shall at all times supplement and coordinate such activities in the manner set forth in this article.
(Ord. No. 12-1350, 2-27-12)
ARTICLE III. - BOARDS AND COMMISSIONS[8]
Footnotes:
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State Law reference— Standards of conduct and ethics, MCL 15.341 et seq., MSA 4.1700(71) et seq.; open meetings act, MCL 15.261 et seq., MSA 4.1800(11) et seq.; freedom of information act, MCL 15.231 et seq., MSA 4.1801(1) et seq.
DIVISION 1. - GENERALLY
(1) Findings. The council finds as follows:
(a) It is the policy of the city to promote the full integration and participation of persons with disabilities into all areas of economic, political and community life.
(b) The city is committed to utilizing all available resources and to coordinating efforts toward removing barriers to full integration and participation of persons with disabilities.
(2) Established, appointment of members.
(a) There is hereby established a commission on disability concerns for the city. The commission shall have nine members, and two alternates to be appointed by the mayor for a term of three years. The first appointments to the commission shall be three commissioners each for one-year, two-year, three-year terms.
(b) Upon recommendation of a majority of the commission the appointment of any member shall terminate upon such member's unexcused absence from three consecutive regularly scheduled meetings.
(3) Duties and powers.
(a) To actively promote the total integration and participation of persons with disabilities into all areas of economic, political, and community life.
(b) To serve as a coordinating body for the purpose of receiving input from citizens on the needs and concerns of the disabled community, to formulate and recommend solutions to these identified needs and concerns, and to convey such recommendations to appropriate citizens, businesses and governmental bodies.
(c) To work with the city to identify and eliminate conditions, policies, or practices that may operate to discriminate against, exclude, or hinder the full integration and participation of persons with disabilities.
(d) To work with the city to create conditions, to establish policies and practices, and to develop or adapt programs which will facilitate the full integration and participation of persons with disabilities into all areas of economic, political, and community life.
(e) To render advice, to monitor, and to evaluate all city policies, practices, and procedures, which immediately or remotely impact upon persons with disabilities.
(f) To assist the city in its efforts to comply with such codes, ordinances, and statutes that affect disabled persons in the city.
(g) To maintain working committees when appropriate to oversee areas of concern such as, but not limited to, transportation, architectural, communications, employment and education. These committees may appoint one of their members to act as a liaison to their respective city commissions and departments. In addition, the commission may designate one of its members to act as a liaison representative to any other board, commission or committee of the city.
(h) To coordinate training and public education progress, hold hearings and workshops, and conduct investigations about the integration of persons with disabilities.
(4) Compensation. The members of the disability concerns commission shall serve without compensation.
(5) Organization, meetings, rules and procedures.
(a) The commission membership shall be primarily persons with disabilities, or their advocating family members. The commission membership shall be representatives of different disability groups, including physical, sensory and mental disabilities, and shall be representative of gender, age and racial groups in the community. A minimum of five members of the commission shall be residents of the city, and a maximum four members may work for an employer located within the corporate boundaries of Dearborn as determined by a verifiable business address (not a P.O. box).
(b) The city shall provide appropriate accommodations for the known physical, sensory or mental disabilities of commission members and other participants in commission activities, including, but not limited to, assistance with transportation, reading, writing, communicating and aids such as tape-recorded, Braille, large print materials and signing.
(c) The commission shall annually elect a chairperson and vice-chairperson from among its members. An officer or employee of the city appointed by the mayor and approved by the commission shall serve as an administrative liaison to the commission.
(d) The commission shall establish a regular time and place of meeting and shall hold one regular meeting at least quarterly. Special meetings may be called by the chairperson, or by a majority of the members of the commission upon written notice received by each member at least five days prior to such meeting. Meeting notices of the commission shall be posted in a conspicuous public place at least 24 hours prior to the meeting.
(e) The commission shall make and alter rules and procedures governing its organization that are not inconsistent with this chapter, or any other city ordinance.
(f) The commission shall keep a record of its proceedings and transactions and shall submit an annual report to the mayor.
(g) If the residency or employment status of a member or alternate member of the commission changes, and as a result they are no longer a resident of the city or do not work for an employer located within the corporate boundaries of the city, the member or alternate shall be considered ineligible to serve on the commission. The member or alternate, upon learning of the change in their residency or employment status, shall immediately notify the administrative liaison to the commission and the city clerk. A member of the commission shall be considered ineligible to serve on the commission immediately upon a change in eligibility under this subsection.
(6) Quorum. Five members of the commission shall constitute a quorum for the transaction of business, and the concurring vote of at least five members shall be necessary to take action by such commission.
(Ord. No. 00-827, §§ 1-6, 7-5-00; Ord. No. 22- 1783, 1-10-23)
Editor's note— Ord. No. 00-827, §§ 1—6, adopted July 5, 2000, did not specifically amend the Code; hence inclusion as § 2-369 was at the editor's discretion.
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