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.
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
2.3 REGULAR AND OTHER BOARD MEETINGS
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
2.5 PUBLIC HEARINGS
2.6 CITIZENS' TIME
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 5: ORDER OF BUSINESS -- SPECIAL MEETING/COMMITTEE OF THE WHOLE
The business of all Special meetings of the Board of Commissioners shall be considered and transacted in the following order:
5.1 CALL TO ORDER/ROLL CALL BY CLERK
5.2 CITIZENS' TIME
5.3 MATTER TO BE DISCUSSED
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 7: ELECTION OF A CHAIRPERSON AND VICE CHAIRPERSON
7.1 CONVENE: TERM
The Board shall on each odd numbered year elect one of its members as Chairperson. The term of office of the Chairperson shall be for two (2) years. The vice chairperson shall be elected annually for a one-year term. Both shall serve until their successors are elected.
7.2 ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON:
In years when the Chairperson is to be selected, the Clerk, or the Clerk's designee, shall call the meeting to order, and shall preside over the meeting until the Board has elected its Chairperson and Vice Chairperson and Commissioners have been sworn into office. Only organizational business shall be transacted by the Board until a Chairperson has been elected. A majority vote of the Commissioners shall be required for the election of the Chairperson and Vice Chairperson.
7.3 NUMBER OF TERMS
No person shall serve more than four consecutive years as Chairperson.
7.4 RESIGNATION OF CHAIRPERSON
In the event of the resignation of the Chairperson from the Board, the Vice-Chairperson shall assume the duties until a new Chairperson shall be elected by the remaining commissioners. Unless otherwise agreed, the election of a new Chairperson shall be held at the next regularly scheduled meeting of the Board. The new Chairperson shall serve out the remainder of the term created by the resignation.
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 9: COMMISSIONERS
9.1 RECOGNITION AND SPEAKING LIMITATIONS
When a Commissioner wishes to speak, the Commissioner shall respectfully address the Chairperson. When two or more Commissioners wish to speak at the same time, the Chairperson shall name the Commissioner who is first to speak. The Commissioner shall speak to the question under debate. No Commissioner shall speak more than twice on any question until every Commissioner has had an opportunity to speak at least once on the subject under debate.
9.2 CALL COMMISSIONER TO ORDER
If any Commissioner violates these Rules, the Chairperson shall, or any Commissioner may, through the Chairperson, call the Commissioner to order. The question of order shall be decided by the Chairperson, without debate, subject to appeal.
9.3 OBSERVING ORDER
While the Chairperson is stating any question or while the roll is being called by the Clerk, no Commissioner shall leave his/her seat or entertain private discussion. When a Commissioner is speaking, he/she shall not be interrupted.
9.4 PRESENT BUT NOT VOTING, TIE VOTES, ABSTENTION
If a commissioner present does not respond to the call for a vote, his or her vote shall be recorded as an affirmative vote unless good cause shall be shown for abstaining. When there is a tie vote on any question, the question shall fail. In the event of a conflict of interest, a Commissioner shall abstain from the discussion and voting and the Clerk shall so record the Commissioner's vote.
9.5 EXCUSED DURING MEETING
No Commissioner shall leave a meeting prior to adjournment unless first excused by the Chairperson. The Clerk shall record in the official record the time at which the Commissioner enters or leaves the meeting while the Board is in session.
9.6 CONFLICT OF INTEREST
A Commissioner shall not be interested directly or indirectly in any contract or other business transaction with the County, or a board, office, or commission thereof, during the time for which he/she is elected or appointed, nor for one year thereafter unless the contract or transaction has been approved by three fourths (3/4) o fthe Commissioners and so shown on the minutes of the Board together with a showing that the Board is cognizant of the Commissioner's interest. This prohibition is not intended to apply to appointments or employment by the County, or its officers, boards, workshops/committees or other authority.
9.7 BOARD VACANCY
In the event the Board of Commissioners is notified of a Board vacancy the following procedure shall be followed in filling the vacancy:
Upon such notification, the Chairperson shall appoint a committee of three persons, one of whom shall be the County Clerk.
The Committee shall meet and review the applications. The names of all qualified applicants shall be forwarded to the Board not less than 14 days after the effective date of resignation. The Board shall make appointment to the vacated seat in conformance with MCL §46.412, utilizing the competitive roll call procedure when there are two or more qualified applicants. The Clerk shall make arrangements to administer the Oath of Office to the newly-elected Commissioner prior to the next regularly scheduled Board meeting.
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 11: WORKSHOP/COMMITTEE PROCEDURE
11.1 COMPOSITION/MEETING TIMES
The Board shall, from time to time, create internal Board Workshops and/ or Committees (referred to in these Rules as "workshops/committees"). In general, workshops shall meet for a short term purpose, such as the consideration of an appointment to a position. Committees shall generally be standing internal groups which consider on-going County matters. The right of appointment to these workshops/committees shall be solely the prerogative of the Board currently in office and all appointees to workshops/committees shall serve at the pleasure of said Board. Board workshops/committees shall meet at the day, hour and location designated by the workshop/committee Chairperson. Any scheduled meeting may be canceled by the workshop/committee Chairperson.
11.2 WORKSHOPS/COMMITTEE -- EXPIRATION
Workshops/committees shall be subject to all applicable rules of the Board and any bylaws which have been adopted by the workshop/committee and approved by the Board. In the event of any conflict, these rules govern. The length of the term of a workshop/committee shall be established at the time of its creation.
11.3 SUB-COMMITTEE APPOINTMENTS
The Chairperson of each workshop/committee shall appoint temporary sub-committees or joint sub-committees in order to research, analyze and/or make recommendations on matters before his/her workshop or committee.
11.4 CHAIRPERSON -- LINE OF SUCCESSION
In the temporary absence of the Chairperson of any workshop/committee, the next appointed member of that workshop/committee shall assume the duties of the Chairperson, and in his/her absence, the next member in order of appointment shall assume such duties.
11.5 WORKSHOP/COMMITTEE VACANCY
When a new Board takes office in January of each odd numbered year or whenever there is a vacancy on a workshop/committee the Board Chairperson, in consultation with the Administrator/Controller, shall make the appointment with the approval of a majority of Commissioners present at a regular Board meeting. Notification of appointment to a workshop/committee shall be sent out after the Board approves the appointment. The first member named to each workshop/committee shall be the Chairperson and the second member named shall be the Vice Chairperson.
11.6 QUORUM AND ABSENTEE VOTING
A majority of workshop/committee membership shall constitute a quorum for the transaction of workshop/committee business and adoption of any matter before the workshop/committee. In the case of an EMERGENCY, the Chairperson or in his/her absence, the Vice Chairperson, may poll the members of the workshop/committee in order to determine the disposition of any matter requiring such emergency action. Diligent effort must be made to contact all workshop members. Polling results listing all members and their reply shall qualify as official proceedings when filed with the County Clerk. Any action taken by means of polling must be confirmed at the next regular meeting of the workshop/committee.
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:
To adjourn -- undebatable
To rise to a question or privilege -- undebatable
To lay on the table -- undebatable
To call for the previous question -- undebatable
To limit or extend, limits of debate -- undebatable
To postpone to a certain day -- undebatable
To commit or refer, or re-commit, to a workshop -- undebatable
To amend -- debatable
To postpone indefinitely -- debatable
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 13: BUDGET ADOPTION
13.1 DEPARTMENT HEAD ESTIMATES AND CHANGES
The recommendation of the Administrator/Controller submitting the proposed budget to the Board shall be accompanied by a detailed statement of all changes made by the Administrator/Controller from the budget estimates submitted by department heads and elected officials.
13.2 REQUIRED MAJORITY VOTE
A majority vote of the Commissioners elected and serving shall be necessary to adopt the Budget Resolution.
13.4 BUDGET HEARINGS
The Board Budget Committee (which shall also serve as the statutory Finance Committee), and/or the Administrator/Controller, shall hold hearings with elected officials and department heads, regarding the following year's budgets and the Administrator/Controller, in consultation with the Board Budget Committee, shall submit a proposed County Budget to the Board by the first Thursday in December. The final budget shall be passed by the Board by the Third Thursday of December.
RULE 14: ORDINANCES
14.1 2/3rd VOTE REQUIRED
All ordinances shall receive a vote of two-thirds (2/3rds) 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 15: PER DIEMS/PAYMENT OF SALARIES
15.1 PER DIEMS
No Board member shall receive any per diem payment for meeting on matters related to Board membership; however, nothing within this provision shall prohibit a Board member from receiving per diem payment for service on a statutory or other outside board or commission.
15.2 SALARY AND METHOD OF PAYMENT
The salary of the Commissioners shall be set annually in the Budget Resolution and shall not be changed except by the annual Budget Resolution. The method of payment of salaries to Commissioners shall be the same as for all other elected and appointed officials.
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.