Board Rules

RULE 1: RULES

1.1 STANDING RULES

The Calhoun County Board of Commissioners (hereinafter "Board") has adopted the Standing Rules (hereinafter "Rules") to govern its proceedings.  These Rules shall take effect immediately upon adoption by the Board.  From and after the 2011 calendar year, the Rules shall be adopted no later than March of each odd-numbered year by a majority vote of the Commissioners.  The Rules shall continue in full force and effect until new Rules are adopted as set forth herein.

1.2 PERMANENT RULE ALTERATION

Any Rule may be altered or amended by a vote of two-thirds of the Commissioners present and voting; provided that written notice of the proposition to amend or alter has been given at a meeting of the Board immediately preceding and the proposed change is included on the agenda as an action item.The Board of Commissioners meetings of each month shall be held on the first and third Thursday of each month at 7:00 p.m. in the Commissioners Meeting Room or on other designated dates and places agreed upon by a majority vote of the Commissioners. The County Board of Commissioners may also hold special meetings when necessary according to M.C.L. 46.10 or SEE RULE 1.5.  All dates, times and places of County Board meetings shall be posted in accordance with the Open Meetings Act.

1.3 TEMPORARY SUSPENSION OF RULES

Any rule may be suspended for a single meeting by vote of two thirds (2/3) of the Commissioners present and voting.  Such rule shall be deemed in full force and effect either upon a motion duly passed to reinstate it, or at the close of business at any session in which it was suspended.The Equalization Meeting of the Board of Commissioners shall be held on any Tuesday following the second Monday in April and before May 1 of each year at 7:00 p.m., as provided for in M.C.L. 209.5.

Back to Top

RULE 2: OPEN MEETINGS ACT

2.1 OPEN MEETINGS ACT

The business that the Board may perform shall be conducted at a public meeting of the Board held in compliance with the Open Meetings Act, Act No. 267 of the Public Acts of 1976 (MCL §15.261 et seq.).  The Board of Commissioners may hold closed sessions as authorized by the Open Meetings Act (MCL §15.267.268).  When holding closed  meetings, the Board may specify elected or appointed officials, counsel, or others that shall participate in the closed session, subject to the requirements of the Open Meetings Act.  Public notice of the time, date, and place of meetings of the County Board of Commissioners shall be given in the manner required by the Open Meetings Act (MCL §15.264.266).

2.2 ORGANIZATIONAL MEETING

The Organizational Meeting shall be held at the first meeting of the Board in January of each year. The Board shall transact such business as provided by M.C.L. §46.3, including but not limited to administering the oath of office to commissioners if the oath has not already been given, and election of Chairperson and Vice-Chairperson, as applicable.
 

2.3 REGULAR AND OTHER BOARD MEETINGS

The Board shall meet twice monthly.  Normally regular Board meetings will be held on the 1st and 3rd Thursday of each month.  Dates and times for regular Board meetings  shall be established at the Organizational Meeting.  The Board may adjourn or recess to a specific date any meetings held at the call of the Chair.

The Board may also hold special meetings when necessary, in  accordance to MCL §46.10, at the times and places it finds convenient.  The Board may also hold special meetings in which the Board shall meet as a Committee of the Whole.  Formal action may not be taken at a meeting of the Board as a Committee of the Whole.  Special meetings may be held upon written petition signed by not less than one-third (1/3) of the Commissioners.  At any special meeting, the business of the Board shall be limited to the subject matter described in the petition of the Commissioners.

The Equalization Meeting of the Board shall be held on the second Tuesday in April in accordance with MCL §209.5.

The Annual Meeting of the Board shall be held on the second Thursday in October in accordance with MCL §46.1.

Regular and other Board meetings shall be held in the Calhoun County Board Chambers, 315 W. Green St., Marshall, MI, unless otherwise specified.

 

2.4 EMERGENCY MEETINGS

Emergency meetings may be called, with notice given by the Chairperson, when at least two thirds (2/3) of the Commissioners decide that there exists a severe and imminent threat to the health, safety, or welfare of the public and that delay would be detrimental to efforts to lessen or respond to the threat. (MCL §15.265(5)).

 

2.5 PUBLIC HEARINGS

During Special Order of Business of a Regular or Special Board meeting, a public hearing so noted within the Board Agenda, following a motion and resolution opening the hearing, shall be declared Open for Public Comment by the Board Chairperson. Upon conclusion of the Public Hearing, and a motion and resolution by the Board closing the hearing, the Board Chairperson shall declare the Public Hearing Closed.
 

2.6 CITIZENS' TIME

Any person shall be permitted to address a meeting of the Board open to the public pursuant to the Open Meetings Act.  Public comment shall be governed by the following protocol: During Citizens' Time, the Board Chairperson shall recognize any person wishing to address the Board.  A person recognized by the Chairperson shall approach the podium and state his/her name and community of residence.  A person may address the Board only once on the same matter during each period set aside for Citizens' Time on the agenda and only on matters that are relevant to County government.  The Chairperson shall control the length of time each person shall be allowed to speak, which shall not exceed five (5) minutes and shall not allow negative personal comments.

 

RULE 3: ORDER OF BUSINESS -- CONSENT AGENDA

3.1 INCLUSION OF ITEMS ON CONSENT AGENDA

The intent of providing a Consent Agenda is to expedite routine business items and provide an atmosphere conducive to concerned and detailed consideration of the most important public matters.  The Consent Agenda shall contain routine and probable non-controversial items such as informational reports and resolutions, items needing no Board action, communications received and placed on file, and appointments to workshops/committees, as described in Rule 11.

RULE 4: ORDER OF BUSINESS -- REGULAR MEETINGS

The business of all regular meetings of the Board of Commissioners shall be considered and transacted in the following order:

4.1 CALL TO ORDER/ROLL CALL BY CLERK

4.2 MOMENT OF SILENCE AND/OR INVOCATION

4.3 PLEDGE OF ALLEGIANCE

4.4 APPROVAL OF AGENDA/ADDENDUM

4.5 APPROVAL OF MEETING MINUTES

4.6 CITIZENS' TIME

4.7 ELECTED/APPOINTED COUNTY OFFICIALS' COMMENTS

4.8 APPROVAL OF CONSENT AGENDA

4.9 REPORTS OF WORKSHOPS/COMMITTEES

4.10 UNFINISHED AND OLD BUSINESS

4.11 PETITIONS, NEW BUSINESS, AND ADMINISTRATOR/CONTROLLER'S REPORT

4.12 CITIZENS' TIME

4.13 COMMISSIONERS' TIME

4.14 ANNOUNCEMENTS BY THE CHAIRPERSON, WORKSHOP/COMMITTEE CHAIRPERSONS, OR COUNTY OFFICIALS

4.15 APPROVAL OF CLAIMS PAYABLE

4.16 ADJOURNMENT/RECESS AT THE CALL OF THE CHAIR

RULE 6: QUORUM

6.1 MAJORITY NEEDED

A majority of Commissioners elected and physically present shall constitute a quorum. No business shall be transacted without the presence of a quorum, except to adjourn or recess.  By prior arrangement, Commissioners may attend and vote at meetings via a teleconference or video conference, provided that a quorum as defined above is present.

RULE 8: POWERS AND DUTIES OF THE CHAIRPERSON

8.1 CHAIRPERSON SHALL PRESIDE: SUCCESSION

The Chairperson shall preside at all meetings of the Board; in his/her temporary absence, the Vice Chairperson shall preside. Should both the Chairperson and the Vice Chairperson be absent, the Parliamentarian shall act as Chairperson.  The Chairperson shall have the powers set forth in MCL §46.3(5).

8.2 QUESTIONS ON PROCEDURE

The Chairperson shall appoint in writing a Parliamentarian who shall decide all questions on procedure arising under these Rules and general parliamentary practice.  The Parliamentarian shall serve at the pleasure of the Chairperson.

8.3 RULINGS AND DECISIONS APPROVED

All rulings and decisions by the Chair may be appealed to the Board. An appeal, when duly made and seconded, shall be determined by a majority of the Commissioners present and voting, and shall overrule the decision of the Chairperson. No member shall speak more than once on an appeal from the ruling of the Chairperson except by unanimous consent of the Board.

8.4 PRESERVE ORDER

The Chairperson shall at all times preserve order and decorum, with particular reference to Rules 9.3 and 12.9.

8.5 WORKSHOPS/COMMITTEES: TEMPORARY REPLACEMENTS

In regard to Board workshops/committees, as further described in Rule 11, the Chairperson may temporarily and without the approval of the Board appoint a Commissioner to any Board workshop/committee to establish a quorum.  Any Commissioners so appointed shall have the right to vote.  His or her membership on said workshop/committee shall only be for so long as is necessary to establish a quorum or until the next regular Board meeting, whichever comes first.

8.6 POWER TO SIGN AND ACT FOR CHAIRPERSON

The Vice Chairperson of the Board shall sign all contracts, bonds and other documents requiring the signature of the Board Chairperson in his/her absence.  The Administrator/Controller is also hereby designated to officially sign all Board approved leases, contracts, and other legal documents that do not specifically require the signature of the Board Chairperson.  This designation of the Administrator/Controller does not diminish the authority of the Chairperson or the Vice Chairperson.

8.7 APPOINTMENT OF COUNTY REPRESENTATIVES

It shall be the duty of the Chairperson to appoint, with the approval of a majority of the Commissioners present at a meeting, official representatives to act on behalf of the County, for attendance at State, District, Regional or National Conventions, or to serve on State, National, Regional District Committees, or any other committees, boards, other political or legal body/entity which the Board is permitted or required to make appointments by law.  After the appointment has been approved by Board action, an appointment letter shall be provided to the appointee by the Chairperson or his/her designee. The Chairperson shall also be the ceremonial representative of the County.

RULE 10: CLERK, MINUTES, PREPARATION OF AGENDA

10.1 CALL ROLL -- ANNOUNCE QUORUM

The Clerk or designee shall call the roll at the opening of each meeting of the Board and announce whether a quorum is present.

10.2 MEMBERS ABSENT -- EXCUSED

Before the announcement of the names of the absent Commissioners, opportunity shall be given for the Chairperson to excuse the absent Commissioners. The Clerk shall then announce the names of the Commissioners absent without leave of the Chairperson and the names of the members absent with leave from the Chairperson and record the names of all absentees in the minutes. (If a Commissioner knows ahead of time that he or she will not be present, the Commissioner shall notify the Administrator/Controller or the Board Chairperson).

10.3 RECORD MEETINGS -- COPIES TRANSMITTED

The Clerk, or the Clerk's designee, shall attend all Board Meetings, and shall keep an accurate journal of all proceedings, and shall transmit to other governmental agencies certified copies of Board actions as directed.

10.4 RECORDS OPEN TO PUBLIC

The books, records and accounts of the Board shall be deposited with the County Clerk or designee and shall be available for public inspection, except the minutes of closed sessions of the Board of Commissioners as permitted by law. The County Clerk shall advertise in at least one established newspaper in the County that the proceedings and accounts of the Board of Commissioners shall be available for public inspection in his/her office, and copying or mailing, pursuant to MCL §46.9 (1)(c).

10.5 WORKSHOP/COMMITTEE MINUTES TO BOARD MEMBERS

A copy of all workshop meeting minutes, if required to be taken, shall be made available to each Commissioner within ten calendar days of the meeting, if requested.

10.6 BOARD MEETINGS RECORDED

All proceedings of regular and special sessions of the Board shall be recorded. The recordings shall remain on file in the County Clerk's Office for one year and ,with the exception of Closed Sessions, shall be made available for public inspection.

10.7 WORKSHOP/COMMITTEE MEETINGS RECORDED

Upon the request of the chairperson of any workshop/committee, the Clerk or designee shall arrange for the recordings of the proceedings.

10.8 CORRESPONDENCE REFERRED

At each regular meeting of the Board, the Clerk or designee shall present for consideration, all communications which have been received in the Clerk's Office, or the Administrator/Controller's Office which are addressed to the Clerk or the Board or the Chairperson. The Administrator/Controller, in consultation with the Chairperson shall refer each matter for appropriate action.

10.9 PREPARATION OF AGENDA

The Administrator/Controller after reviewing pending business and consulting with the Chairperson will draft an agenda for regularly scheduled meetings.  Commissioners interested in placing an item on the agenda will notify the Administrator/Controller by the close of business not less than seven calendar days prior to a scheduled meeting.  The draft agenda shall be provided to Commissioners not less than five calendar days prior to a scheduled meeting. The draft agenda may be supplied to Commissioners electronically.

10.10 CORRESPONDENCE RECEIVED ON FILE

All original correspondence and documents addressed to members of the Board, Chairperson, County Clerk, or Board workshops/committees, which are not personal in nature, having any bearing on business involving the County, its Boards or workshops/committees shall be filed in the Office of the Administrator/Controller promptly upon receipt with copies of such correspondence being transmitted to the Chairperson of the Board, in consultation with the Administrator/Controller, may direct.

10.11 BOARD DIRECTIVES

The County Clerk or designee shall maintain a current record of all authorizing resolutions and directives adopted by the Board.

10.12 PREPARATION OF MINUTES, REPORTS--WORKSHOPS

It shall be the duty of the Clerk or designee, to be in attendance at all Board workshop/committee meetings when a quorum is present, upon the request of the Board Chairperson.

10.13 PUBLISHING PUBLIC NOTICES

It shall be the duty of the Clerk or designee to publish all public notices as they pertain to Board matters, including budget preparation and adoption.

RULE 12: MOTIONS

12.1 PRECEDENCE OF MOTIONS

When any question is under debate, no motion shall be received but the following, and they shall have precedence in the order in which they stand arranged:

12.2 ADOPTION OF MATTERS

A majority of Commissioners present shall be sufficient to adopt all questions which arise, unless otherwise provided for by law or by these Rules.

12.3 SECOND AND DEBATE

No motion shall be debated or put by the Chairperson until it has been seconded. The motion shall then be properly stated by the Chairperson.

12.4 CLARIFICATION BEFORE SECOND

Any Commissioner may make explanatory remarks, prior to the seconding of any motion, for the purpose of clarification.

12.5 PROHIBITION -- INAPPROPRIATE AMENDMENT

No motion or proposition under consideration and not appropriate to the subject shall be allowed under color of an amendment.

12.6 DIVISION OF QUESTION

On the call of any Commissioner, supported by a majority vote of the Commissioners present, a division of any question shall be made when the division will allow both parts to stand separately as an entire question for decision.

12.7 ASK FOR PREVIOUS QUESTION

When the previous question is moved, it shall be put in these words; "Shall the main question now be put?" No Commissioner may ask/call for the previous question or a tabling motion until each Commissioner has had the opportunity to speak at least twice on any given issue. This shall be ordered only by a majority of the Commissioners present, shall put an end to all debate, and shall bring the Board to a direct vote upon the pending question or questions in their order, down to, and including the main question. If the previous question is not ordered, the consideration of the subject shall be resumed as though no motion for the previous question had been made.

12.8 QUESTIONS PUT AND CALLING ROLL

Questions shall be distinctly put in the following form: "All in favor say Yes", and after the affirmative vote is expressed, "All opposed say No". The Chairperson may order a roll call vote, but a roll call vote is mandatory upon the request of any Commissioner or on the following actions of the Board or a workshop/committee of the Board: Ordinances, resolutions, the appointment or election of officers, except as provided otherwise by law or the Rules of the Board. The calling of the roll shall be on a rotating alphabetical basis to permit Commissioners' names to be called first in the call of the roll every seven times, thereby allowing each Commissioner to the first vote on an equal basis. It shall be the privilege of any Commissioner to change his/her vote on any question prior to the announcement of the vote by the Chairperson.

12.9 NO DEBATE IN ORDER DURING ROLL

While the Chairperson is explaining a motion, or once roll call voting has started, there shall be no interruptions.

RULE 14: ORDINANCES

14.1 2/3^rd VOTE REQUIRED

All ordinances shall receive a vote of two-thirds (2/3^rds) of the Commisioners present to pass.

14.2 PUBLICATION AND EFFECTIVE DATE

Ordinances shall take effect upon date of publication in accordance with MCL §46.11.

RULE 16: PARLIAMENTARY PRACTICE

The Rules of Parliamentary Practice according to "Robert's Rules of Order for Deliberative Assemblies" shall govern in other matters not addressed by these Rules and not contrary to any existing laws of the State of Michigan.