Muskegon County Board of Commissioners Statement of Policy

STATEMENT OF POLICY

The Board of Commissioners of Muskegon County, Michigan hereby agrees to establish

an office of the County Administrator and declares the intent to maintain the following

policies regarding his/her responsibilities and its relationship with him/her.

A. General duties and responsibilities of the Administrator shall be:

1. To prepare the annual budget and capital improvement program for

submission to the Board of Commissioners and to direct and supervise the

accounting and control functions necessary to ensure compliance with the

budget as adopted by the Board.

2. To serve as the chief professional advisor to the Board and to assist in

securing specialized technical and professional consulting services as

needed.

3. To make such reports as the Board may require concerning operations of the

county government and to prepare plans and programs for the Board’s

consideration in anticipation of future needs and services.

4. To supervise and direct all county agencies and personnel under the

jurisdiction of the Board of Commissioners.

5. To serve as a representative of the Board of Commissioners in

communications with autonomous county officers and board and with

agencies of other federal, state, and local governmental agencies.

6. To provide general supervision of the Department of Corporate Counsel.

B. In order that the Administrator may exercise effectively the general duties and

responsibilities listed in Rule XIX, the Board of Commissioners will, through motion

or through the Chairperson of the Board of Commissioners:

1. Provide that he/she will attend all meetings of the Board (except when

his/her own position and salary are to be discussed) and that he/she may

participate in discussion of matters before the board but without a vote.

2. Direct all committees under the jurisdiction of the Board to notify the

Administrator of all meetings and to invite him/her to attend and participate

in committee discussions.

3. Assign to him/her the preparation of the agenda for meetings of the Board

and its own members who wish to have matters placed on the agenda to

submit their requests to him/her in advance.

4. Adopt uniform personnel policies to be applied to County employees by

the Administrator.

C. To promote the coordination of all activities of the County, the Board of

Commissioners will:

1. Invite statutory boards and committees to designate the Administrator as the

administrative officer or otherwise work in close cooperation with his/her

office.

2. Encourage independently elected county officials to coordinate their work

with that of the Administrator and to meet with him/her periodically for the

consideration of county programs and plans.

3. Invite other local units of government in the county to cooperate with the

Administrator through the establishment of joint conference committees,

coordinated procedures, and other arrangements that may be established.

D. The Administrator, in turn, will be expected to:

1. Work with the Board of Commissioners as a single body, except insofar as

the Board may direct him/her to work with committees or statutory boards.

2. Keep the board fully advised of the financial condition and future needs of

the county and make such recommendations concerning the affairs of the

county as he/she deems appropriate.

3. Recognize at all times that he/she is accountable to the Board of

Commissioners for the administration of its policies and programs and for

his/her conduct as a responsible public official.

4. The Administrator will inform the Board in writing of any outside boards

and/or committees on which he/she was asked to serve and accepted.

County Board of Commissioners - Political Activity

RULE XXI - POLITICAL ACTIVITY

The County Administrator and directors shall not be involved, directly or indirectly with

political activities involving County Commissioners or persons seeking such office.

This prohibition shall not abridge the employee’s right to express an opinion concerning

said individuals or to actively support other political candidates or parties, subject to no

violation of the Hatch Act.

Such activities include use of employee’s name or picture implying support or opposition,

fund raising, financial support, or activities which may be construed by the general public

as support or opposition for any person seeking or holding the position of County

Commissioner.

No person holding the position of County Commissioner shall in any way coerce or

demand support of the Administrator, directors, or any other County employees, and any

such attempts shall be reported to the Administrator and the Chairperson of the Board.

County Board of Commissioner - Corporate Counsel

RULE XX - CORPORATE COUNSEL

The Board of Commissioners of Muskegon County, Michigan, hereby establishes the office

of Corporate Counsel and declares its intent to maintain the following policies regarding

the Corporate Counsel’s responsibilities:

Section 1 - Appointment

The Corporate Counsel shall be appointed by and responsible to the County Board of

Commissioners to serve at the will of the Board, a majority of all the members elected and

serving being required for appointment, suspension or removal. If employed, the

Corporate Counsel may appeal any such suspension or discharge pursuant to the

procedures set forth in Rule XV, Section 6. However, the Board of Commissioners may

elect not to employ counsel, but may request proposals from attorneys to provide services

on an hourly or retainer basis.

The Corporate Counsel shall be appointed on the basis of merit, education and

experience.

Section 2 - Powers & Duties

A. The Corporate Counsel shall be the chief legal officer of the county and shall

exercise all powers and functions of that office, as provided by law, shall be

responsible to the Board of Commissioners for the proper administration of all legal

affairs of all departments herein provided, and shall act on behalf of the Board of

Commissioners for those departments which are under the general control of the

Board of Commissioners.

B. The Corporate Counsel shall provide monthly reports to the Board of

Commissioners and the Administrator as to the status of all ongoing work and

projects. The Corporate Counsel shall report to the Administrator on a day-to-day

basis.

Section 3 - Termination

The Corporate Counsel shall serve at the pleasure and will of the Board of Commissioners

and can be removed by a majority vote of those elected and serving.

County Board - County Administrator

COUNTY ADMINISTRATOR

The Board of Commissioners of Muskegon County, Michigan, hereby establishes the office

of County Administrator and declares its intent to maintain the following policies regarding

the Administrator’s responsibilities:

Section 1 - Appointment

The County Administrator shall be appointed by the County Board of Commissioners to

serve at the will of the Board, a majority of all the members elected and serving being

required for appointment, suspension or removal.

The Administrator shall be appointed on the basis of merit, education and experience.

Section 2 - Powers and Duties

A. The County Administrator shall be the chief administrative officer of the county and

shall exercise all powers and functions of that office, as provided by law, shall be

responsible to the Board of Commissioners for the proper administration of all

affairs of those departments herein provided; and shall act on behalf of the Board

of Commissioners for those departments which are under the general control of the

Board of Commissioners.

B. The Administrator shall appoint or discipline administrative officers (directors)

except those officers (directors) described in Rule XV, Section 2 in accordance with

Rule 7 of the Personnel Rules and the Statement of Policy, according to the

following procedures.

1. Appointment

a. The Administrator shall advertise vacancies according to procedures

adopted by the Board of Commissioners.

b. The Administrator shall recommend to the Ways & Means Committee

of the Board of Commissioners the names of three candidates

deemed most acceptable for the vacant position.

c. The Board of Commissioners, or a designated committee, shall

thereafter interview said candidates or such others as they deem

necessary. The Administrator shall assist the committee during said

interviews and offer advice as to the person best suited for said

vacant position.

2. Discipline and Removal

The Administrator shall have the authority to discipline and/or terminate an

administrative officer (Director) as provided in Rule XV, Section 6.

Section 3 - Review and Evaluation

Annually, between the end of the fiscal year and the organizational meeting, the

commission shall review and evaluate the job performance of the Administrator. The

Administrator may be invited to attend, but in any event shall be furnished with a summary

of the minutes of the session in a meeting with the Chairperson.

Section 4 - Termination

Understanding the unique relationship between the office of the Administrator and the

Board of Commissioners, the Administrator fully understands that the condition of his

appointment to the position of Administrator is at the pleasure of the Board of

Commissioners and his tenure with the County may be terminated with or without cause

by a majority vote of those elected and serving.

County Board of Commissioners Agendas Rules

RULE XVII - AGENDA

The agenda for the Board of Commissioners’ meetings will be prepared by the

Administrator and Chairperson and mailed to all members of the Board on the Friday prior

to the Board meetings.

Public comment is permitted as follows:

1. On an agenda item, by providing a completed “Public Comment” form to the

recording secretary, chair or commissioner, and being recognized by the chair

during the first public comment period.

2. On a new topic to be introduced by any person by providing a completed “Public

Comment” form to the recording secretary, chair or commissioner and being

recognized by the chair during the second public comment period.

3. Unless time is extended prior to the public comment period by a vote of a majority

of the Commission, comments shall be limited to two minutes for each participant.

4. A person making comment may only speak once per item.

5. Any items requiring a vote by the Full Board, must be provided 48 hours in advance,

although the Board shall retain the right to introduce any motions during the

meeting.

Board of Commissioners - Departments & Directors

RULE XV - DEPARTMENTS

Section 1 - Duties

The Public Works Board, a board created by statute, shall have responsibility for the

following duties: Public Works, Wastewater Management, Solid Waste, Special

Assessment Funds and Resource Recovery and Research.

Section 2 - Community Mental Health, Brookhaven and Public Works

The directors of the Community Mental Health, Brookhaven and Public Works departments

shall be responsible to their respective boards in carrying out the policies of said boards.

Within the scope of daily operations, however, they shall be responsible to the

Administrator who shall have the authority to suspend or to suspend with a

recommendation of discharge the director subject to review by their board as provided for

in Section 6 below.

Section 3 - Emergency Services

*The Emergency Services Management Coordinator shall be appointed by the Board of

Commissioners. On August 12, 2008, a Letter of Agreement was adopted transferring the

EMS Coordinator to the Sheriff’s Department. If the Board requests, at any time, the EMS

Coordinator will be returned to the Board of Commissioners.

Section 4 - Departments

The Board shall determine and prescribe the functions and duties of each department, and

by vote of a majority of its members, may create new departments, combine or abolish

existing departments, and establish temporary departments for special work.

The following departments are hereby established:

A. Department of Finance & Management Services

B. Department of Community Development

C. Department of Equalization

D. Department of Public Health

E. Brookhaven Medical Care Facility

F. Department of Human Resources

G. Department of Public Works

H. Department of Community Mental Health

I. Department of Corrections Services

J. Wastewater Management System

Section 5 - Directors

There shall be a director of each department who shall have the supervision and control

thereof, and who shall be appointed by the Board according to the recommendation of the

Administrator as provided in Rule XIX, Section 2(B) and who shall be immediately

responsible to the Administrator for the administration of his/her department, except as

provided for under the Public Works Act, the Mental Health Code, and the Social Welfare

Act, which includes MCL 123.736, MCL 330.1230, MCL 400.58, respectively, and Section

2 of this Rule.

Directors shall be responsible for the hiring and discharge of employees within their

department. Directors shall discipline, up to and including discharge, subject to the

Personnel Rules of the County of Muskegon, or applicable collective bargaining

agreement.

Section 6 - Discipline and Removal

A. The Administrator shall have the authority to discipline a Director, including a

suspension or a suspension with a recommendation for discharge, subject to the

procedures herein. A Director shall only be disciplined for cause, to include but not

limited to, incompetence, official misconduct, or habitual or willful neglect of duty.

There is no progressive discipline procedure for a Director. The Administrator may

recommend termination if, and only if, the Administrator finds that the Director is

incompetent to execute properly the duties of the office or if, on charges and

evidence, the Administrator is satisfied that the officer or agent is guilty of official

misconduct, or habitual or willful neglect of duty, and if the misconduct or neglect

is a sufficient cause termination.

B. Written notice of any discipline less than a recommendation of discharge shall be

given by the Administrator to the Director with the reasons stated. The Director may,

within five (5) working days, demand that the matter be referred to a Hearing Board,

as defined in Section 6(e)(4), for a hearing. The Hearing Board shall render its final

and binding decision within thirty (30) days of the close of the hearing. The hearing

shall be held in accordance with the administrative procedures for the conduct of

a hearing as described in Section 6(e). By a majority vote of the members

appointed, they will make a decision that either affirms, modifies, or revokes the

recommendation of the Administrator.

C. Written notice of a suspension with a recommendation of discharge of a Director

shall be given to the Director, by the Administrator, with the reasons stated. The

Director may be suspended without pay from the time of notification of a

recommendation of discharge.

D. Prior to the issuance of a suspension with a recommendation for discharge, the

Director shall have the right to have a pre-termination hearing before the

Administrator. At the pre-termination hearing, the Director may be represented and

shall have the opportunity to present reasons why discharge is inappropriate. This

is an informal hearing and no specific procedures are required, except that the

Administrator provide written notice, as provided in subsections (b) and (c), above.

At the conclusion of the pre-termination hearing, the Administrator may impose the

suspension with a recommendation for discharge or impose a lesser discipline or

take no action. If the Administrator imposes a suspension with the recommendation

for discharge, the matter shall be referred to the Board of Commissioners, which

shall hear the matter as soon as practicable, pursuant to the procedures in Section

6(e) of this Rule.

E. Hearing Procedure for Board or Designee.

This hearing format applies to a hearing requested by a Director for a suspension

without a recommendation for termination (Section 6(b)) or to a hearing required by

Section 6(d) prior to termination of a Director.

1. Notice

(A) The parties shall be given a reasonable notice of the hearing, which

notice shall include:

(i) A statement of the date, hour, place, and nature of the hearing.

(ii) A statement that the hearing is under the authority of MCL

46.11(n) if a termination, or under Rule XVI, Section 6(b) if not

for termination.

(iii) A short and plain statement of the matters asserted.

(iv) A statement that the Director may request a change of time or

date until 48 hours prior to the hearing, however the

rescheduled hearing will be no later than five (5) days from the

originally scheduled hearing.

(v) A statement that the Director may be represented or assisted

by legal counsel, at his or her expense, at the hearing.

(B) Notice will be sent by certified mail or hand delivered to the Director.

(C) A formal hearing will be scheduled no later than ten (10) days after

the mailing or hand delivery of the notice.

(D) The Director may file a written answer prior to the date of the hearing.

2. Discovery

(A) Any reports or other information possessed by the County will be

provided to the Director within three (3) days after the mailing of the

noticed of the scheduled hearing, subject to the limitations of the

Freedom of Information Act.

(B) Records of internal procedures of the County are exempt from

discovery.

3. Evidence

(A) The Director and the County may have legal representation and call

witnesses to testify.

(B) The parties shall be given an opportunity to present oral and written

arguments on issues of law and policy and an opportunity to present

evidence and argument on issues of fact.

(C) The Michigan Rules of Evidence shall apply to a formal hearing to the

extent practicable, but the Board may admit, however, and give

probative effect to evidence of a type commonly relied upon by

reasonably prudent persons in the conduct of their affairs. Irrelevant,

immaterial or unduly repetitious evidence may be excluded. Effect

shall be given to the rules of privilege recognized by law. Objections

to offers of evidence may be made and shall be noted in the record.

(D) A party may cross-examine a witness, including the author of a

document prepared by, on behalf of, or for use of the County and

offered in evidence. A party may submit rebuttal evidence.

(E) A deposition may be used in lieu of other evidence, when taken in

compliance with the Michigan Rules of Court.

(F) Evidence in a formal hearing, including records and documents in

possession of the County of which it desires to avail itself, shall be

offered and made a part of the record. Other factual information or

evidence shall not be considered in determination of the case.

Documentary evidence may be received in the form of a copy or

excerpt, if the original is not readily available, or may be incorporated

by reference, if the materials so incorporated are available for

examination by the parties.

Upon timely request, a party shall be given an opportunity to compare

the copy with the original when available.

(G) The Hearing Board may take official notice of judicially cognizable

facts, and may take notice of general, technical or scientific facts

within the Board's specialized knowledge. The Board shall notify the

Director at the earliest practicable time of any noticed fact which

pertains to a material disputed issue which is being adjudicated, and

on timely request the Director shall be given an opportunity before

final decision to dispute the fact or its materiality. The Board may use

its experience, technical competence and specialized knowledge in

the evaluation of evidence presented to it.

(H) The Hearing Officer may issue subpoenas to compel attendance and

testimony of witnesses and the production of books, papers and other

documentary evidence.

4. Hearing Board.

(A) The Hearing Board shall be one of the following:

(i) For a recommendation of suspension without termination, the

Hearing Board may be the County Board of Commissioners or

the Ways and Means Committee.

(ii) For a recommendation of suspension with termination, the

Hearing Board shall be the County Board of Commissioners.

(B) The Hearing Officer shall be the Chairperson of the County Board of

Commissioners, or the person who acts in his or her place, for

hearings to review a recommendation to terminate, according to these

Board Rules. The Hearing Officer shall be the Chairperson of the

Ways and Means Committee, or the person who acts in his or her

place, for hearings to review suspensions, according to these Board

Rules.

(C) On the filing in good faith by a party of a timely and sufficient affidavit

of personal bias or disqualification of a presiding Hearing Officer, this

matter will be subject to judicial review at the conclusion of the

proceeding. When a Hearing Officer is disqualified or it is

impracticable for him or her to continue the hearing, another Hearing

Officer may be assigned by the Chairperson of the County Board of

Commissioners to continue with the case unless it is shown that

substantial prejudice to the party will result therefrom.

(D) Unless required for disposition of an ex parte matter authorized by

law, a member of the Hearing Board assigned to make a decision or

to make findings of fact and conclusions of law in a formal hearing

shall not communicate, directly or indirectly, in connection with any

issue of fact, with any person or party, nor, in connection with any

issue of law, with any party or his or her representative, except on

notice and opportunity for all parties to participate. This prohibition

begins at the time of the notice of hearing. A Hearing Board member

may communicate with other members of the Board and may have

the aid and advice of the County staff other than the staff which has

been or is engaged in investigating or prosecuting functions in

connection with the case under consideration or a factually related

case.

5. Record

(A) The Hearing Board shall prepare an official record of a hearing which

shall include:

(i) Notices, pleadings, motions and intermediate rulings.

(ii) Questions and offers of proof, objections and rulings thereon.

(iii) Evidence presented.

(iv) Matters officially noticed, except matters so obvious that a

statement of them would serve no useful purpose.

(v) Proposed findings and exceptions.

(vi) Any decision, opinion, order or report by the Hearing Officer

presiding at the hearing and the Administrator.

(B) Oral proceedings at which evidence is presented shall be recorded,

but need not be transcribed unless requested by a party who shall

pay for the transcription of the portion requested except as otherwise

provided by law.

6. Decision

(A) A final decision or order of the Hearing Board shall be made within

thirty (30) days of the formal hearing, in writing or stated in the record

and shall include findings of fact and conclusions of law separated

into sections captioned or entitled "findings of fact" and "conclusions

of law", respectively.

Findings of fact shall be based exclusively on the evidence and on

matters officially noticed. Findings of fact, if set forth in statutory

language, shall be accompanied by a concise and explicit statement

of the underlying facts supporting them. If a party submits proposed

findings of fact that would control the decision or order, the decision

or order shall include a ruling upon each proposed finding. Each

conclusion of law shall be supported by authority or reasoned opinion.

A decision or order shall not be made except upon consideration of

the record as a whole or a portion of the record as may be cited by

any party to the proceeding and as supported by and in accordance

with the competent, material, and substantial evidence. A copy of the

decision or order shall be delivered or mailed immediately to each

party and to his or her attorney of record.

(B) A Director may be terminated only upon a finding by the County

Board of Commissioners that, in the Board's opinion:

(i) The Director is incompetent to execute properly the duties of

the office or,

(ii) On charges and evidence, the board is satisfied that the

Director is:

(a) Guilty of official misconduct, or habitual or willful neglect

of duty;

(b) And that the misconduct or neglect is a sufficient cause

for removal.

(C) This decision shall be the final step in the administrative process.

7. Appeal

A decision of the Hearing Board may be appealed to the Circuit Court no later than

sixty (60) days after the date of the final decision.

8. Default

If a party fails to appear in a contested case after proper service of notice, the

Hearing Board, if no adjournment is granted, may proceed with the hearing and

make its decision in the absence of the party.

9. Formal Hearing Format

(A) Call to order by Hearing Officer.

(B) Date, time and reason for hearing stated.

(C) Introductions. All names, positions and titles, representatives and

reasons for attendance of individuals present at the hearing shall be

stated for the record by the Hearing Officer. At this time the Hearing

Officer shall question Board Members as to any conflict of interest in

the case before the Board.

(D) Hearing Format

(i) Proceedings are to be recorded and kept available as a matter

of public record.

(ii) County staff may present their case or may be represented,

allowing opportunities for cross-examination by the Director or

the Director's representative.

(iii) The Director or the Director’s representative shall present their

case, allowing an opportunity for cross-examination by the

County staff or representative.

(iv) Both the County and the Director shall have an opportunity to

clarify their respective positions.

(v) Hearing Board members may ask questions at any time.

(vi) The Board may deliberate on the testimony/evidence for no

more than thirty (30) days.

(vii) The Board must render a decision within thirty (30) days.

(viii) Final decisions of the Board shall be announced with all parties

present in a meeting open to the public. A decision may be

made for the County or the Director on each allegation.

RULE XVI - AMENDMENTS TO MUSKEGON COUNTY BOARD RULES

After submission to the Human Resources committee, and upon its recommendation,

these rules may be amended at any regular or special meeting by a majority vote of the

commission, provided that notice has been given at the previous regular Board meeting,

as reflected in the official minutes of the Board. Amendments to these rules shall not be

made at any meeting at which any commissioner is unable to attend because of official

county business.

Board of Commissioners - Committees

RULE XIV - COMMITTEES

Section 1 - Standing Committees

A. The Chairperson of the County Board of Commissioners shall, by the first regularly

scheduled Full Board meeting following the Organizational Meeting of the Board,

designate the regular committees of the Board, their composition, and designate the

chairperson and vice chairperson as a membership of each committee for the

ensuing year. Such appointments are subject to the approval of the majority of the

commission.

B. Said composition of committees shall remain unchanged during said year, except

as a member resigns his/her position; a vacancy occurs; a member is removed

from his/her position on such committee, or the structure of said committee is

changed by a majority of the commission.

C. Commissioners shall not serve on a committee unless he/she is appointed to the

committee by the County Board. No commissioner may substitute for another

commissioner on a committee without prior approval from the County Board.

Section 2 - Special Committees

The chairperson of the Board, with the approval of the Board of Commissioners may

appoint such special committees as the chair deems necessary. The purpose of the

committee, its charges, the length of time it shall exist, and its membership shall be stated

in the minutes of the Full Board meeting at which it was established.

Section 3 - Committee Procedure

A. The following standing committees-of-the-whole of the Board of Commissioners and their respective duties are established:

COMMUNITY DEVELOPMENT/STRATEGIC PLANNING

Accommodations Tax

Capital & Public Improvements

(excluding items within confines of Public W orks Board)

County Real Estate

Economic Development Corporation

Fairgrounds

Heritage Landing

Harbor Development

Parks

Special Projects

Tourism

West Michigan Shoreline Regional Development Commission

Convention Center

TRANSPORTATION

Airport

Muskegon Area Transit System

Trolleys

HUMAN RESOURCES

Cooperative Extension

Health

Medical Examiner

Mental Health

Human Services (Child Haven/Brookhaven)

State Institutions (CMH 10% Match)

Veterans’ Affairs

Board Rules Committee

WAYS & MEANS

Administration

Finance & Management Services

Facilities Management

Corporate Counsel

Elected Officials (excluding judges, courts, prosecutor and sheriff)

Equal Employment Opportunity

Equalization

Department of Human Resources

COURTS/PUBLIC SAFETY

Courts

Prosecutor

Public Defender

Community Corrections

Sheriff

Emergency Services

Building Security

Jury Commission

Juvenile Detention Center

Child Care

B. Each committee shall have a chairperson and a vice chairperson appointed by the

chairperson of the Board of Commissioners and confirmed by a majority vote of the

commission.

C. Each committee is to be responsible for policy and program development for the

areas, departments and projects assigned. Primary responsibility for all personnel

and financial matters that change or alter budgets, shall be assigned to the Ways

& Means Committee. All such items shall be reviewed and recommended by the

Administrator.

D. When a quorum for a scheduled meeting is not achieved within fifteen (15) minutes

of the appointed meeting time, the meeting shall be adjourned.

E. Any member finding it necessary to be excused from the committee meeting before

adjournment shall notify the chairperson.

F. All formal bids received by the county shall be opened publicly at a date and time

as posted by the County Purchasing Department.

G. Committee chairpersons shall be allowed to enter into the discussion on any items

under consideration. The chairperson may not make a motion or support one.

Section 4 - Ad Hoc Committees

The Chairperson of the Board of Commissioners shall, with the approval of the Board of

Commissioners, appoint members to serve on outside ad hoc committees.

A. Appointment to an Ad Hoc committee shall be for the purpose of representing the

County Board of Commissioners and not the Board member’s personal position on

issues and/or projects that come before the Ad Hoc committee.

B. The Board member shall attend regularly scheduled meetings. If more than three

unexcused consecutive meetings are missed by the Board member, the Chair of the

Board and/or a majority vote of the commissioners may remove that member from

the Ad Hoc committee and a new commissioner shall be appointed by the Chair

with the consent of the Board for the remainder of the term.

C. Board members representing the Board of Commissioners on any Ad Hoc

Committee shall be required to report back to the Full Board, at least quarterly, or

may be removed from the Ad Hoc Committee by the Board Chairperson and a new

commissioner shall be appointed by the Chair with the consent of the Board for the

remainder of the term.

Board of Commissioners - Conflict of Interest

RULE XII - CONFLICT OF INTEREST

Section 1 - Questions

Questions regarding a conflict of interest shall be handled in the following manner:

A. Any Board member may raise the point of a potential conflict of interest among the

group.

B. When discussions involve a contract, a commissioner is expected to immediately

disclose a potential conflict of interest in the question to the official body, which

disclosure shall be made as a matter of public record.

C. When discussions involve other actions not specifically included under the areas of

contracts, the chairperson is expected to rule on the issue; however, the Board,

excluding the commissioner in suspected conflict, may, by a two-thirds vote,

overturn the chairperson’s decision.

D. Upon any of the above conditions, the Board is required to approve a contract, or

any other action, by a vote of not less than 2/3 of the full membership of the

approving body without the vote of the commissioner making such disclosure MCLA

§15.323)

Section 2 - Exceptions

Commissioners are not required to declare a conflict of interest if the question involves

contracts between public entities, contracts awarded to the lowest qualified bidder, or as

provided for in Section 4 MCLA §15.324 or contracts for public utility services. (MCLA

§15.324)

County Board of Commissiones - Motions and Resolutions

RULE VII - MOTIONS AND RESOLUTIONS

Section 1

No motion shall be put or debated unless seconded. If requested, it shall then be stated

in full by the chairperson before the vote.

Section 2

Any motion shall be put in writing at the request of the chairperson or any member of the

Board.

Section 3

Prior to a call for a vote, as prescribed in Rule VI, Section 7,before a motion has been

stated by the Chair, the maker of a motion may withdraw or modify such motion without

consent. The seconder may withdraw a second if the motion is so modified.

Before voting on the question has begun, the motion maker may withdraw, modify or

accept an amendment to such motion if approved by the chair, providing no member

objects. If an objection is raised by any member concerning such action, a vote shall

immediately be taken on the objection to such withdrawal, modification or amendment.

RULE VIII - PRIVILEGED CLASS OF MOTION

Section 1

When a question is under debate, no motion shall be in order except the following which

shall have precedence in order named:

A. Fix the time to which to adjourn

B. Adjourn

C. Recess

D. Raise a question of privilege

E. Call for orders of the day (requires the adopted program or order of business to be

followed)

F. Limit or extend debate

G. Postpone to a certain time

H. Comment or refer

I. To amend

J. To postpone indefinitely

RULE IX - RECONSIDERATION

Section 1

A motion to reconsider must be made by a member who voted with the side which

prevailed and requires a simple majority vote for adoption, if all members who voted with

the prevailing side are present or have been notified that the reconsideration shall be

moved, otherwise a two-thirds vote is required.

A motion for reconsideration of any question before the Full Board shall not be in order

unless made on the same day, or at the meeting of the Full Board next succeeding that on

which the decision proposed to be reconsidered was made. Provided, however, a motion

to reconsider a vote in a standing committee can be made and taken up regardless of the

time that has elapsed since the vote was taken and there shall be no limit to the number

of times a question can be reconsidered.

RULE X - DIVISION OF QUESTION

Section 1

A. A division of any motion shall be made when so requested by any member of the

Board; provided however, such division shall be so distinct that one part being taken

away, the other will remain as an entire motion for decision.

B. A request by a Board member for a division of question is an incidental motion

normally not debatable. The motion may not be reconsidered. It can, however, be

amended.

C. If the subjects differ, the question must be divided upon the sole request of a

commissioner. If the topics relate, but can stand alone, the question may be divided

on a regular motion and a simple majority vote.

RULE XI - APPEAL DECISION OF CHAIR

Section 1

When an appeal is taken from a decision of the chair, the question shall immediately be

put in the following form: “Shall the ruling of the chair be sustained?” The question shall

be determined by a majority vote of the members present, except that the chairperson shall

not vote. Should the vote result in a tie, the chair shall be sustained.

County Board of Commissioners Rights and Duties

RULE VI - RIGHTS AND DUTIES OF MEMBERS

Section 1

When a member wishes to speak, the member shall address the chair and the chair shall

recognize the member.

Section 2

No member shall speak more than twice on the same question without permission from the

chair.

Section 3

When two or more members seek the floor at the same time, the chair shall determine who

is to speak first.

Section 4

When a member is speaking on any question before the Board, the member shall not be

interrupted except to be called to order.

Section 5

When a member is called to order, the member shall immediately do so. The Board, if a

commissioner appeals the ruling by challenging the ruling of the chair, may overrule the

call to order.

Section 6

The chairperson shall vote on all questions, except on an appeal from the chair’s decision.

In the event of a tie vote, the ruling of the chair is sustained.

Section 7

After a vote is ordered and the clerk directed to call the roll, no member shall be entitled

to speak to the question. Upon completion of the roll, a member may explain said vote

upon recognition by the chair.

Muskegon County Board of Commissioner - Manner of Voting

RULE IV - MANNER OF VOTING AND MAJORITY REQUIRED

Section 1 - Roll Call Vote
After the election of a chairperson and vice chairperson, the elections and appointments,

as vested in the Board of Commissioners and in other matters as may be required by these

rules, shall be by voice vote. The adoption of the annual budget and questions involving

the expenditure of public funds, shall be by roll call. Any member of the Board may

request that the vote on any matter be by roll call.

Section 2 - Majority Vote

All questions and motions which shall arise at any meetings shall be determined by the

vote of a majority of the commissioners present, except the final passage or adoption of

any measure of law, or the allowance of any claim against the county, in which case a

majority of all the commissioners elected and serving shall be necessary.

Section 3 - Procedure for Taking a Roll Call Vote

The roll is called in alphabetical order, in rotation, except that the presiding officer’s name

is called last. The debate is finished when one person has answered the roll call. If a

member answers “pass” his/her name will be called again at the conclusion of the roll call

and the secretary/clerk will announce the final result.

RULE V - CLOSE DEBATE (PREVIOUS QUESTION)

A motion to close debate (or move the previous question) when made and seconded, must

be put to a vote without debate. A two-thirds vote of those present, is necessary for

passage, and if such is not achieved, the question cannot be raised again until substantial

debate has ensued. If passed, the motion on the floor shall immediately be voted upon.

Muskegon County Board of Commissioners - Order of Business

RULE III - ORDER OF BUSINESS

Section 1 - Agenda Format - Full Board

The following shall be the order of business governing the proceedings of the Board of

Commissioners while in regular Full Board meetings:

1. Call to Order

2. Invocation or Meditation

3. Pledge of Allegiance to the Flag

4. Roll Call of Commissioners

5. Approval of Agenda

6. Approval of Previous Minutes

7. Public Comment (on an agenda item)

8. Communications

9. Committee Reports

10. Chairperson’s Report

11. Administrator’s Report

12. Old Business

13. New Business

14. Public Comment (on a new topic)

15. Adjournment

The following shall be the order of business governing the proceedings of the Board of

Commissioners while in regular Committee meetings:

1. Call to Order

2. Roll Call

3. Approval of Previous Minutes

4. Presentations (time limit 10 minutes)

5. Public Comment (on an agenda item)

6. Items for Consideration

7. Old Business

8. New Business

9. Public Comment (on a new topic)

10. Adjournment

Muskegon County Board of Commissioners - Officers

RULE II - BOARD OFFICERS

Section 1 - Chairperson

The Board, at its first meeting of the January session in each year, shall choose, by roll call

or ballot, one of its members to be chairperson. A majority vote of the commissioners of

the Board shall be necessary for a choice.

The chairperson and vice-chairperson shall be elected for one-year terms, the elections

to occur as set forth in Rule 1, Section 3.

If the chairperson or vice-chairperson dies or resigns, an election for the position shall take

place within 30 days of such date according to the procedure set out in Rule 1, Section 3.

The chairperson shall preside at a meeting of the board, but if the chairperson is absent

from a meeting, the vice-chairperson shall preside. A chairperson may administer an oath

to a person concerning a matter submitted to the county board of commissioners or

connected with the discharge of its duties, may issue subpoenas for witnesses, and may

compel the attendance of a witness in the same manner as a court of law. The county

board of commissioners may designate 1 member to affix his or her signature to contracts,

bond and other documents requiring the signature of the chairperson, if the chairperson

is unable to so do because of illness or other exigency which, in the opinion of the board,

prevents the chairperson from performing the functions of the office. MCL 46.3 Sec. 3 (5)

In the absence or unavailability of the chair, the vice-chair is designated to sign contracts,

bonds and other documents. In the absence or unavailability of both the chair and the

vice-chair, the chair of the Ways & Means Committee is designated, and in the case of all

three listed being absent/unavailable, the vice-chair of the Ways & Means Committee is

designated as signatory.

The chairperson shall make appointments to standing committees, boards, and

commissions subject to approval of the Board of Commissioners.

Section 2 - Vice Chairperson Duties

The vice chairperson of the Board shall perform the duties of the chairperson when that

person is absent.

Rules of the Muskegon County Board of Commissioners

RULE 1 - SESSIONS AND MEETINGS

Section 1 - Place of Meeting

All sessions and meetings of the Board of Commissioners shall be held at the Hall of

Justice or at such other place open to the public as the Board shall determine, provided

advance notice is given as required by law.

Section 2 - Time of Meeting

All regular meetings of the Board of Commissioners shall be called at 3:30 PM. For any

special meeting, the day and hour of assembling shall be stated in the call for such

meeting.

Section 3 - Organizational Meeting

The Board of Commissioners shall convene and hold its first meeting at 3:30 PM on the

second business day after January 1 of each year in the Commission chambers of the Hall

of Justice. This meeting shall be known as the organizational meeting and the county clerk

shall preside. The Board shall transact such business at such meeting as shall be

provided by these rules and the Constitution and statutes of the State of Michigan

according to the following agenda:

1. The County Clerk, or his/her designee as provided by law, shall administer the oath

of office to the commissioners, if the oath has not been previously administered.

2. These rules shall then be adopted by resolution.

3. The election of the chairperson shall take place in accordance with the following

procedure:

a. the clerk shall call for nominations for the office of chairperson and when

nominations are closed by vote of the majority or only one person is

nominated. The clerk shall take the vote of the commissioners by roll call or

ballot, if requested by one of those nominated. When one nominee receives

a majority of the votes of the members elected and serving, that nominee

shall be the chairperson.

b. The newly elected chairperson shall assume the chair and proceed with the

election to the office of vice-chairperson, following the procedure set forth in

Section 3.3(a) above.

4. During the Organizational Meeting the Muskegon County Board of Commissioners

may adopt its goals for the upcoming year.

Section 4 - Annual Session

The commissioners of this county shall meet annually for the transaction of business as

a county board of commissioners and for the purpose of reviewing the budget. The County

Board of Commissioners may also hold special meetings, when necessary, at the times

and places it finds convenient, and may adjourn from time to time as it considers

necessary. The annual meeting of the County Board of Commissioners shall be held each

year after September 14, but before October 16. When the term, October session, or other

term used to designate the annual meeting, is used, it shall be construed to mean the

annual meeting required by this section. The annual meeting of the County Board of

Commissioners shall be held at a place in the county which the county clerk appoints with

approval of the County Board of Commissioners, or at the place where regular meetings

of the County Board of Commissioners are held. (MCL 46.1, Section 1. (1).)

Section 5 - Special Sessions and Meetings

Special meetings of the Board of Commissioners shall be held only when requested by at

least one-third of the commissioners, which request shall be in writing, addressed to the

County Clerk, specifying the time, place and purpose of such meeting; provided however,

that the Chairperson of the Board of Commissioners may call a special session of the

Board of Commissioners to meet at such time and for such purpose as he/she deems

appropriate (MCLA 46.10)

Upon written receipt by the County Clerk, he/she will immediately forward the request to

the County Administrator’s office for processing.

Special meetings of committees of the Board of Commissioners shall only be held when

requested by the chairperson of the committee, specifying the time, place and purpose of

such meeting, and upon approval of the County Board of Commissioners or the

Chairperson of the County Board.

Section 6 - Regular Meetings

Regular meetings of the Board of Commissioners are generally held on the second and

fourth Tuesdays of each month at 3:30 PM in the Commission Chambers located on the

fourth floor of the Hall of Justice except for conflicts with legal holidays or other potential

conflicts that may arise.

Section 7 - Open Meetings Act

All meetings of the County Board or committees thereof shall be open to the public, except

for sessions closed as hereinafter provided in accordance with the Open Meetings Act

#267 of 1976.

Section 8 - Closed Sessions

A two-thirds roll call vote of all members elected or appointed and serving shall be required

to call a closed session, except for closed sessions permitted under Section 9 (A) and (B.)

The motion to call a closed session shall state the purpose or purposes for calling the

closed session, and such motion and the roll call vote thereon shall be entered into the

minutes of the meeting. (Open Meetings Act of 1976, Section 15.267, Sec. 7 (1) and MCL

Section 15.268.)

A separate set of minutes shall be taken by the clerk or designated secretary of the board,

committee or commission. Said minutes shall be retained by the clerk or secretary and

shall not be available to the public and shall only be disclosed if required by a civil action

filed under Section 10, 11 or 13 of the Open Meetings Act, being Public Act No. 267 of

1976, Section 15.267 Sec. 7 (2) as amended. These minutes may be destroyed one year

and one day after approval of the minutes of the regular meeting at which the closed

session was approved.

Section 9 - Purpose for Closed Sessions

Meetings in closed sessions of this Board, or any other committee, commission, or other

county boards may only be held for the following purposes (Section 15.268 (8):

A. To consider the dismissal, suspension or disciplining of, or to hear complaints or

charges brought against a public officer, employee, staff member, or individual

agent when the named person requests a closed hearing. A person requesting a

closed hearing may rescind the request at any time, in which case the matter at

issue shall be considered thereafter only in open sessions.

B. For strategy and negotiation sessions connected with the negotiation of a collective

bargaining agreement if either negotiating party requests a closed hearing.

C. To consider the purchase or lease of real property up to the time an option to

purchase or lease that real property is obtained.

D. To consult with its attorney regarding trial or settlement strategy in connection with

specific pending litigation, but only if an open meeting would have a detrimental

financial effect on the litigating or settlement position of the Board.

E. To review the specific contents of an application for employment or appointment to

a public office if the candidate requests that the application remain confidential. All

interviews by a public body for employment or appointment to a public office shall

be held in an open meeting.

F. To consider material exempt from discussion or disclosure by state or federal

statute.

Section 10 - Notice of Meetings

All meetings of the Board and its committees, statutory boards and commissions shall be

posted on the County of Muskegon’s website and published and posted in accordance with

these rules.

At its Organizational Meeting, according to the requirements of these rules, the Board shall

establish the dates, times, and places of its regular meetings; and within ten days thereof,

shall post a public notice of such meetings on a bulletin board near the rear entrance of the

Hall of Justice and also on the bulletin board adjacent to the Board’s chambers, as well as

at the office of the County Clerk. The Administrator shall also cause said notice to be

published in the Muskegon Chronicle and with other newspapers of general circulation

throughout the County.

The Board shall also establish the initial meeting dates, time and places of all its

committees, statutory boards and commissions at the Organizational Meeting and cause

a notice thereof to be posted at the places designated above. Within ten (10) days of its

Organizational Meeting, the Board shall also establish the meeting dates, times and places

for all regular meetings of said committees, statutory boards and commissions. A notice

thereof shall be published and posted in the same manner as for meetings of the Board.

Changes in the regular meeting schedule shall not be made except upon the approval of

a majority of the members.

All changes in the schedule of regular meetings of the Board and its committees, statutory

boards and commissions shall be posted within three days after the meeting at which the

change is made and it shall also be published as soon thereafter as practicable. (Open

Meetings Act Sec. 15.264 (3)

A notice of a rescheduled or special meeting of the Board shall be posted at least eighteen

hours before such meeting. (Open Meetings Act Sec. 15.264 (4)

A meeting of the board, its committees, statutory boards and commissions which is

recessed for more than thirty-six hours shall be posted at least eighteen hours before the

time of the recessed meeting. (Open Meetings Act Sec. 15.264 (5)

An emergency session of the Board its committees, statutory boards and commissions

committees may be held at any time in the event of a severe and imminent threat to the

health, safety or welfare of the public, provided that at such meeting two-thirds of the

majority of the commissioners determines that any delay would be detrimental to efforts

to lessen or respond to the threat.

All notices of meetings shall contain the date, time and place of such meetings as well as

the telephone number of the applicable board, committee, statutory board or commission.

Such notices shall be posted in the same places as the notice of its regular meeting is

required to be posted.

Any changes in officially adopted legal notices may be made with the approval of the

Chairperson of the County Board or the County Administrator. The Board of

Commissioners will be advised of any changes and the reason(s) for such changes at the

Board’s next regularly scheduled meeting.

Section 11 - Public Hearings

The Board of Commissioners may, from time to time, hold public hearings as required by

regulation, statute or funding source. The department head seeking a public hearing shall

submit their request to the Administrator for submission to the Full Board for approval. The

request from the department head will include such information as necessary for the Board

to make its decision.

Section 12 - Decorum

No food, carbonated drinks, or cell phone usage shall be permitted during Full Board and

Committee meetings.