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.
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