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.