RULE 1: RULES
1.1 STANDING RULES
The Calhoun County Board of Commissioners (hereinafter "Board") has adopted these Standing Rules (hereinafter "Rules") to govern its proceedings. These Rules shall take effect immediately upon adoption by the Board. The Rules shall be adopted no later than March of each odd-numbered year by a majority vote of the Commissioners elected and holding office. 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.
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.
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 at that meeting transact such business as provided by MCL §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 adopt an annual meeting schedule at its organizational meeting in January of each year. Normally regular Board meetings will be held on the Is' and 3rd Thursday of each month at 7:00 p.m. 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. Special meetings may be held upon written petition signed by not less than one-third (1/3) of the Commissioners. When a special meeting is called by written request, as provided for herein, the Board Clerk shall give notice to each of the Commissioners within forty-eight (48) hours by either of the following two methods: 1) via personal delivery to the Commissioner or 2) e-mail to an address previously supplied for such purpose by the Commissioner. 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 Tuesday following the second Monday each April in accordance with MCL §209.5 and MCL §211.34
The Annual Meeting of the Board shall be held each year "after September 14, but before October 16" in accordance with MCL §46.1(1).
Regular and special 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. Public comment shall be governed by the Rule regarding Citizens' Time as set forth herein. 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 three (3) 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, grant approvals which do not require any matching funds to be provided by the County, communications received and placed on file, and appointments to committees, as described in Rule 11.
3.2 VOTING ON CONSENT AGENDA
Before voting on this block resolution, any or all of the separate resolutions, petitions, communications and reports comprising the block resolution may be pulled out of the block for a separate vote upon request by any one Commissioner. Pulling a resolution, petition, communication and report from the block does not need to be seconded by another Commissioner.
RULE 4: ORDER OF BUSINESS -- REGULAR MEETINGS
The business of all regular meetings of the Board 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 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, 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 shall be considered and transacted in the following order:
5.1 CALL TO ORDER/ROLL CALL BY CLERK
5.2 APPROVAL OF AGENDA
5.3 CITIZENS' TIME
5.4 MATTER TO BE DISCUSSED
5.6 ADJOURNMENT 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.
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 unless the Board resolves prior to the vote for Chairperson to change the term to one year in accordance with Michigan law. 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 meeting shall be called to order by the Board Clerk. The oath of office may be administered by the Board Clerk or any official empowered under Michigan law to administer the oath to County Commissioners. 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 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 Chairperson 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 COMMITTEES: TEMPORARY REPLACEMENTS
In regard to Board committees, as further described in Rule 11, the Chairperson may temporarily and without the approval of the Board appoint a Commissioner to any Board committee to establish a quorum. Any Commissioners so appointed shall have the right to vote. His or her membership on said 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 state the basis for his or her conflict and 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 Board 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/EMPLOYMENT
As required by MCL §46.30, 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) of the 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, committees or other authority, which appointments shall be governed by MCL §46.30a.
As required by MCL 46.30a, a Commissioner shall not be eligible to receive, or shall not receive, an appointment from, or be employed by an officer, board, committee, or other authority of the County except as otherwise provided by law.
9.7 BOARD VACANCY
In the event the Board is notified of a Board vacancy, at least one (1) notice of vacancy shall be published in a newspaper of general circulation in Calhoun County and a notice shall also be posted on the County website. Applicants for the vacancy shall submit applications to the Office of the Administrator/Controller. The Board Clerk in conjunction with Corporation Counsel shall verify that each applicant meets the statutory requirements to hold the office and the Board Clerk shall certify the same in writing to the Board of Commissioners. The names of all qualified applicants shall be forwarded to the Board not less than 21 days after the effective date of resignation. The Board shall make appointment to the vacated seat within thirty (30) days after the vacancy, in conformance with MCL §46.412. The Board Clerk shall make arrangements to administer the Oath of Office to the newly-elected Commissioner at the Board meeting at which the appointment takes place.
9.8 LIMITED USE OF ELECTRONIC DEVICES
The Commissioners use of electronic communication devices, such as cell phones, during a meeting may lead to the public's perception that a Commissioner is not paying attention to the subject matter or hand or that a Commissioner is receiving information relative to the subject matter at hand that other Commissioners and/or members of the public are not receiving, either one of which is contrary to good government and transparency. Therefore, the Commissioners' use of electronic communication devices (including cell phones) other than for the purpose of accessing agenda materials that are on a Commissioner's lap-top, tablet, or similar device should be minimized during meetings.
RULE 10: BOARD CLERK, MINUTES, PREPARATION OF AGENDA
10.1 CALL ROLL -- ANNOUNCE QUORUM
The Board 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 Board 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
The Board Clerk shall attend all Board Meetings and maintain records of the proceedings as required by law.
10.4 RECORDS OPEN TO PUBLIC
The books, records and accounts of the Board shall be deposited with the Board Clerk or designee and shall be available for public inspection, except the minutes of closed sessions of the Board as permitted by law. The Board Clerk shall advertise annually in at least one established newspaper in the County that the proceedings and accounts of the Board shall be available for public inspection in his/her office, and copying or mailing, pursuant to MCL §46.9(1)(c). All agendas, minutes, and other Board actions shall be posted on the County website as soon as practicable after each meeting.
10.5 COMMITTEE MINUTES TO BOARD MEMBERS
A copy of all committee meeting minutes, if required to be taken, shall be made available to each Commissioner upon request.
10.6 BOARD MEETINGS RECORDED
All proceedings of regular meetings of the Board shall be recorded (with the exception of closed meetings). The recordings shall be posted as soon as practicable after each meeting on the County website and shall otherwise be made available for public inspection.
10.7 COMMITTEE MEETINGS RECORDED
Upon the request of the chairperson of any committee and if administrative staff is available, the Board Clerk or designee shall arrange for the recording of the proceedings.
10.8 CORRESPONDENCE REFERRED
At each regular meeting of the Board, the Board Clerk or designee shall present for consideration, all communications which have been received in the Clerk's Office or Administrator/Controller's Office which are addressed to the Clerk, 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 committees, which are not personal in nature, having any bearing on business involving the County, its Board or 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 and to such other persons as the Board Chairperson, in consultation with the Administrator/Controller, may direct.
10.11 BOARD DIRECTIVES
The Board Clerk or designee shall maintain a current record of all authorizing resolutions and directives adopted by the Board.
10.12 PREPARATION OF MINUTES, REPORTS
It shall be the duty of the Board Clerk or designee to be in attendance at all Board 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 Board Clerk or designee to publish all public notices as they pertain to Board matters, including budget preparation and adoption.
RULE 11: WORKSHOP/COMMITTEE PROCEDURE
RULE 11: BOARD COMMITTEE PROCEDURE
Previous Standing Board Rule 11 was deleted when the Board of Commissioners adopted Policy 110 covering the same subject matter. To the extent applicable, Policy 110 shall also govern proceedings of the County Board of Commissioners concerning its content and purpose.
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:
a. To adjourn -- undebatable
b. To rise to a question or privilege -- undebatable
c. To lay on the table -- undebatable
d. To call for the previous question -- undebatable
e. To limit or extend, limits of debate -- undebatable
f. To postpone to a certain day -- undebatable
g. To commit or refer, or re-commit, to a workshop -- undebatable
h. To amend -- debatable
i. 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 committee of the Board: Ordinances, resolutions, the appointment or election of officers, except as provided otherwise by law or the Standing Board Rules. 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 REQUIRED MAJORITY VOTE
A majority vote of the Commissioners elected and serving shall be necessary to adopt the Budget Resolution.
13.2 BUDGET HEARINGS
The Board Budget 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 no later than the first Thursday in December. The final budget shall be passed by the Board no later than 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 Commissioners present to pass. A roll-call vote shall be required.
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 "The New Robert's Rules of Order," by Mary A. De Vries shall govern in other matters not addressed by these Rules and not contrary to any existing laws of the State of Michigan.