1.1 Regular Schedule. The Delta County Board of Commissioners shall adopt a meeting schedule for the current session at the January re-organizational meeting.
Statutory meetings (Rule 1.2) shall take the place of one regular meeting unless otherwise determined by the Board. Special meetings will be held, if necessary, by call of the Board on the third Wednesday of the month.
*1.2 Statutory Schedule. Statutory meetings of the Board of Commissioners are held on the Tuesday following the second Monday in April and on the second Tuesday in October.
1.3 Time. The regular meetings of the Board of Commissioners shall begin at 5:15 P.M.
1.4 Place. The Board shall meet in the Delta county Courthouse. Board meetings will be held in the Circuit Courtroom unless otherwise posted.
*1.5 Change in Schedule. Changes in the meeting schedule, including time and place, additional meetings, and meetings adjourned or recessed to a specific time and place, may be made by majority vote of the Board of Commissioners, such change to be recorded in the minutes of the meeting in which the change is made. Meetings may be adjourned or recessed "at the Call of the Chair": by majority vote of the Board of Commissioners. Meetings adjourned or recessed for more than 36 hours "at the Call of the Chair", unless the Board provides otherwise, may be reconvened upon telephonic or other communication at least 24 hours before the time of the reconvening and upon giving of public notice in accordance with Rule 1.7 and with Act No. 267 Public Acts of 1976.
1.6 Special Meetings.
*l.61 Petition and Notice. A special meeting of the County Board of Commissioners shall be held only when a written request from at least one third of the members of the County Board of Commissioners is provided to the county clerk. The written request of the special meeting must specify the time, date, place and purpose of the special meeting. Upon receipt of this request, the clerk shall give notice to each of the Commissioners within 24 hours in one of the manners provided as follows: via a confirmed facsimile transmission to the commissioners residence, personal delivery of the notice of the special meeting to the commissioner or leaving the notice of the special meeting at the residence of the Commissioner.
*1.62 Emergency. Nothing in this section shall bar a public body from
meeting in emergency session in the event of a severe and imminent threat to the health, safety, or welfare of the public when 2/3rds of the members serving on the body decide that delay would be detrimental to efforts to lessen or respond to the threat.
*1.7 Public Notice of Meetings. The Clerk of the Board of Commissioners each year shall give public notice of the regular schedule of time and place in one or more newspapers circulated in the County by informing the electronic news media in the County, and by posting the schedule in several conspicuous places in the County Building within ten days after the first meeting in each calendar year (P.A. 267). Public Notice of special or rescheduled meetings, and reconvening of meetings which have been adjourned or recessed for more than 36 hours "at the call of the chair" and not to "a time certain" shall be given by informing the news media in the County and posting notice in the Courthouse at least 18 hours prior to the time of such a meeting.
1.8 Public Meetings. The Board of County Commissioners shall sit with open doors, and all persons may attend its meetings.
1.81 Accessibility/Accommodations. The County of Delta will provide reasonable auxiliary aids and services for the hearing impaired and to individuals with disabilities at the meeting/hearings upon reasonable notice to the County of Delta. Individuals with disabilities requiring services should contact the County of Delta ADA Coordinator by writing or calling: Dan Menacher, Delta County ADA Coordinator, 310 Ludington Street, Escanaba, MI 49829 Telephone: (906) 789-5189.
*2.1 Quorum. A majority of Commissioners shall constitute a quorum for the transaction of the ordinary business of the County.
2.2 Absence of Quorum. Upon the absence of a quorum, the members present may adjourn from time to time or to a time certain. Public notice is not required if the time set for reconvening is less than 36 hours.
3.1 Majority Vote. All questions which shall arise at the meetings of the Board of Commissioners shall be determined by the votes of a majority of the members present, except: (1) upon the final adoption of any measure of resolution, or the allowance of any claim against the County, which matters shall be determined by a majority of all the members elected and serving, and (2) upon the final adoption of any matters which by statute require a greater majority.
*3.2 Roll Call Votes. The names and votes of members shall be recorded on an action which is taken by the Board of County Commissioners if the action is on an ordinance, resolution or appointment or election of an officer, except that for the election of a Board Chairperson the vote may be by secret ballot. Upon the demand of any members present, a roll call vote shall be ordered and recorded by the Board Clerk. A roll call vote will be enacted on any Board agenda item with a financial impact of $5,000 or greater.
3.3 Secret Ballot Voting. No vote may be taken by secret ballot on any matter except on the question of electing the Chairperson of the Board.
3.4 Voting Mandatory. Each member present shall be required to
vote on every question unless and individual expresses the need to abstain and is then excused by the Chairperson.
3.5 Reconsideration or Rescission of Vote. When a question has been put and decided by a roll call of the members, any member who voted on the prevailing side may move a reconsideration thereof. On all voice votes any member may move a reconsideration. However, no motion for reconsideration shall be in order unless it is made in the same meeting or on which the vote to be reconsidered was taken. No matter may be twice reconsidered. For purposes of this rule, the term "meeting" shall mean any session which proceeds uninterrupted by an adjournment or recess of greater than three hours. A vote to rescind Board action may occur at succeeding meetings in Accordance with Chapter 43, pages 324 and 326 of the 1975 edition of Mason's "Manual of Legislative Procedure".
*4.11 Election. During the first meeting in each calendar year,
the Board of Commissioners shall select, by majority vote of all the members, one of its members to serve as Chairperson of the Board. He/she shall take office and assume the duties immediately upon his/her election.
*4.121 The Chairperson, if present, shall preside at all meetings of the Board of Commissioners, preserve order, and decide questions of order subject to appeal to the Board.
*4.122 The Chairperson shall be the agent for the Board in signing of contracts, orders, resolutions, determinations, and minutes of the Board and in the certification of the tax roll.
*4.123 The Chairperson shall serve in such capacities and make appointments as the law shall require.
4.124 The Chairperson shall serve ex officio on all Board Committees. He/she shall not have a right to vote in committee unless he/she is expressly named a member of that committee.
4.125 The Chairperson when he/she is present shall preside at all meetings of the committee of the whole.
4.126 The Chairperson, for purposes of representing the County in various functional or ceremonial capacities, shall be considered as the chief elected official of the County.
4.127 Upon his/her election and subject to the approval of a majority of all members of the Board, the Chairperson shall proceed to appoint all standing and special committees and shall designate the chairperson of each committee.
*4.128 The Chairperson of the Board shall have the power to administer an oath to any person concerning any matter submitted to the Board of Commissioners or any matter connected with the discharge of their duties, to issue subpoenas for witnesses and to compel their attendance in the same manner as courts of law.
4.129 The Chairperson of the Board, when appropriate, shall refer matters coming before the Board to one of the committees of the Board with the consent of the majority of the Board and he/she shall arbitrate all jurisdictional disputes between committees, decisions over which shall be subject to these rules and subject to appeal to the Board.
4.21 Election. During the first meeting in each calendar year, the Board of Commissioners shall select, by majority vote of all the Board members, one of its members to serve as Vice-Chairperson of the Board. He/she shall take office and assume the duties immediately upon his/her election.
*4.221 The Vice-Chairperson shall preside over meetings of the Board if the Chairperson is absent and act in the absence of the Chair.
*4.222 The Vice-Chairperson shall serve on the Board of Public Works Board when the County Commissioner member is disqualified.
4.31 Designation. The Clerk of the County shall be ex officio, Clerk of the Board. He/she, or his/her appointed deputy, shall perform all duties pertaining to such office.
4.32 Duties. The Clerk's duties include the following:
*4.321 To record all the proceedings of the Board in a book provided for that purpose.
*4.322 To make regular entries of all the Board's resolutions and decision upon all questions.
*4.323 To record the vote for each Commissioner on any question submitted to the Board, if required by any member present.
*4.324 To preserve and file all accounts acted upon by the Board and for no reason allow such accounts to be taken from his/her office.
*4.325 To certify, under Seal of the Circuit Court of the official Seal of the County, without charge, copies of any and all resolutions or decision on any of the proceedings of the Board of Commissioners, when required by the Board or any of its members; or when required by any other person upon payment of $1.00 per folio, therefore.
*4.326 To preside, until a Chairperson or temporary Chairperson is elected, during the first meeting of the Board of Commissioners in each calendar year.
4.327 To have up-dated copies of these rules available for reference by the general public during regular office hours and at all meetings of the Board.
*4.328 To perform such other and further duties as the Board by resolution, may require.
4.33 Absence. In the event the Clerk or his/her duly appointed deputy is absent from a meeting of the Board, the Chairperson with the approval of a majority of the Commissioners present and voting, shall appoint another person to act as temporary clerk until the Clerk or his/her duly appointed deputy arrives.
4.4 Parliamentarian. The Prosecuting Attorney of the County or his/her designated deputy or such other person as may be designated by a majority of the Board, shall advise the Chairperson and the Board of Commissioners regarding questions of parliamentary procedures.
4.51 Board Departments and Responsibilities.
4.511 In the interests of efficient and effective administration and supervision of Board responsibilities and of service to the people of Delta County, all county offices, committees, commissions, boards, and agencies shall be grouped under one of the following department headings and department assignments, and responsibilities shall be as follows unless otherwise designated by action of the Board of Commissioners.
4.5111 ADMINISTRATIVE SERVICES DEPARTMENT:
Board of Canvassers
4.5112 BUDGET AND FINANCE DEPARTMENT:
Director of Administration and Finance
4.5113 PUBLIC SAFETY & JUDICIAL SERVICES DEPT:
County Medical Examiner
Friend of the Court
Community Corrections (U.P. Administered)
4.5114 HUMAN DEVELOPMENT SERVICES DEPARTMENT:
Human Services Board (FIA)
Pinecrest Medical Care Facility Administrative
County Board of Health
County Health Department
Library Liaison Committee
Michigan Works! The Job Force
Community Action Agency/Human Resources
Agency/Committee on Aging
Upper Peninsula Commission for Area Progress
CUPPAD Criminal Justice Committee
Soldiers and Sailors Relief Commission
Local Emergency Preparedness Committee and Emergency Management Coordinator
Alternative Education Board
Human Services Coordinating Body
4.5115 PHYSICAL & ECONOMIC RESOURCES DEVELOPMENT DEPARTMENT
Building and Zoning Department
Zoning Board of Appeals
Board of Public Works
Cooperative Extension Service
County Plat Board
County Road Commission
Soil Conservation District
Building and Grounds Committee
MAC Workers Comp Board
4.512 Department Chairperson - Appointment and Duties.
4.5121 The Board Chairperson with Board approval, shall at their regular meeting in January of each year, designate one of their members as chairperson and vice-chairperson for each of the above-named departments who shall serve as Board coordinator, and supervisor for the county offices, committees and activities within that department except as the Board shall otherwise direct.
4.5122 Board department chairpersons, where practical, shall be appointed to serve as members of committees, boards, agencies, and commissions within their department. Nothing in this section shall preclude a Board member from serving on committees in areas other than those designated as his/her area of responsibility by virtue of being named a department chairperson.
4.5123 Department chairpersons shall report to the Board
on all matters concerning their department responsibilities referred to them by the Board.
4.5124 Each department chairperson, shall review all appropriation requests most directly related to the functions in their department and make recommendations thereon for referral to and consideration by the Finance Committee.
4.52 County Board Committees, Commissions, Boards & Agencies.
4.5211 The term "Board" when used in this section shall refer to the Delta County Board of Commissioners unless otherwise noted.
4.5212 The term "committees" when used in this section shall refer to all county committees, commissions, boards, or agencies including governing boards of regional agencies for which the Delta County Board of Commissioners has responsibilities deriving from the constitutions and the statutes of the State of Michigan and the United States, or from powers delegated to the Board by said constitution and statutes.
4.5213 County committees shall be classified as statutory, standing, or special. County "Board Committees" such as Personnel, Finance and Building and Grounds that are composed of Board members only and appointed by the Board to develop recommendations to them in relation to Board response are governed by Board directives and not by this section except where specifically mentioned.
4.52131 Statutory committees shall be those mandated by law or whose formation and operation are governed primarily by statute. Members, appointments, terms and responsibilities shall be in accordance with governing statute. Statutory committees shall include but not be limited to the following:
Central Upper Peninsula Planning & Development Committee
Community Action Agency
Delta County Airport Board
Delta County Board of Canvassers
Delta County Board of Public Works
Delta County Board of Road Commissioners
Delta County Building Authority
Delta County Community Mental Health Services
Delta County Economic Development Corporation
Delta County Election Scheduling Committee
Delta County Finance Committee of the Board of
Delta County Solid Waste Management Authority
Delta County Overall Economic Development
and Planning Committee
Delta County Park Commission
Delta County Planning and Zoning Committee
Delta County Plat Board
Delta County Social Services Board
Delta County Zoning Board of Appeals
Delta-Menominee District Health Board
Human Resources Authority
Pinecrest Medical Care Facility Administrative Board
Six-County Consortium for Employment
Upper Peninsula Committee for Area Progress
4.52132 Standing Committees shall be those as from time to time may be created by action of the Board and so designated by them within the common meaning of the term. Members, terms, appointments and responsibilities of standing committees shall be in accordance with Board action which shall be established at the time of their formation, subject to subsequent Board review and action and shall include but not be limited to the following:
Local Emergency Preparedness Committee
Library Liaison Committee
4.52133 Special Committees shall be those created from time to time by action of the Board for special purposes to be set forth at the time of their creation. The terms and appointments of members of special committees shall be determined by the Board in accordance with the purpose for which they are created and shall be concluded when that purpose is accomplished or when they are discharged from such responsibility by Board action. Special committees shall automatically be terminated upon the election of a new Board Chairperson.
4.52134 Committee of the Whole Procedures.
1. In Committee of the Whole Meetings no decisions will be made. Decisions are only to be made at the regular County Board Meetings.
2. In a Committee of the Whole Meeting agendas can deal with any topic previously dealt with by Committees consisting of only two Commissioners and the County Administrator, personnel, finance, building& grounds, renaissance zone and any others.
3. Committee of the Whole meetings are to be posted and open to the public.
4. Committee of the Whole meetings do not need to be televised because of expense.
5. Committees which consist of two County Commissioners and representatives from the community will continue as many are needed and required by law.
6. The number of Committee of the Whole meetings per month will be determined by need. If other Committee of the Whole meetings are needed, for consistency, they should be scheduled on Tuesdays.
7. Committee of the Whole meetings can be held in the evenings in the circuit courtroom or during the day in some other location as determined by the Commission.
8. A committee consisting of only two County Commissioners can be appointed by the Chairman to investigate a specific problem and report information to the full Board but only with the consent of a majority of County Commissioners.
9. The deadline for submitting agenda items in writing for the Committee of the Whole is noon on the Wednesday prior to the meeting.
10. A quorum for Committee of the Whole will be two commissioners.
11. Filibusters will not be allowed. The Chair may end debate if the discussion becomes repetitive or argumentative.
4.522 General Rules:
4.5221 Appointments and Removals.
4.52211 Appointments to all county committees shall be made in accordance with legal requirements for such appointments and with majority Board approval.
4.52212 It shall be the responsibility of the Chairperson
of the Board or his/her designee to notify all Board members and to give public notice of all appointments to be made at least thirty (30) days prior to the meeting at which such action is to be taken.
4.52213 Nominations for appointments to county committees may be made by Board members or in such manner as may be designated by the Board providing consent of the nominee has been obtained prior to nomination. Nominators shall be responsible for providing the Board with such information as may be necessary concerning qualifications of their nominees.
4.52214 Consideration of qualifications of nominees for particular appointments shall be given high priority in making appointments.
4.52215 It shall be Board policy to make appointments to committees on the basis of as broad an area of geographical representation within the county as may be practical.
4.52216 Individuals, other than County Commissioners, or where controlled by statute, may be appointed to and serve on no more than one statutory or standing committee. Special and standing committees may be exempted by majority action of the Board from this policy where the nature of the committee warrants it.
4.52217 Members of all statutory, standing and special committees may be removed for cause by majority vote of the Board after the individual has had an opportunity to explain his/her actions and in accordance with fair procedure and governing statutes. Failure to perform assigned responsibilities shall be cause for removal. "Assigned responsibilities" shall include regular attendance at committee meetings.
4.52218 Terms of Office. There is no expectation for automatic reappointment.
4.52221 Meetings of all county committees except special
committees meetings shall be public in accordance with Act No. 267, Public Acts of 1976. Committee meetings may be held at the call of the Chair or the Committee may adopt a regular schedule. It shall be the responsibility of the presiding officer of such committees, or his/her designee to give sufficient public notice of all meetings of that Committee.
4.52222 Special Meetings.
4.522221 Special meetings of a committee may be convened by its chairperson or by a majority of its members at any time upon reasonable written or telephonic notice to its members.
4.522222 The Chairperson of the Board with Board approval, unless prohibited by law, may require any and all presiding officers of county committees, including special committees, to convene their members for specific purposes upon reasonable notice. In case of failure to comply by, or absence of, the presiding officer, the Chairperson of the Board may call such meetings and serve temporarily as presiding officer.
4.522223 Quorum. A quorum for the transaction of committee business shall consist of a majority of the voting members of that committee.
4.522224 Voting. The names and votes of members shall be recorded on an action taken by a committee if the action is on an ordinance, resolution, payment of claims, adoption of budget, or appointment or election of an officer. Upon the demand of one-third of the members of a committee present, a roll call vote on other questions shall be ordered and recorded by the chairperson or presiding officer of the committee or his designee.
4.522225 Parliamentary Authority. Robert's Rules of Order, Latest Revised Edition, shall govern all procedural questions not covered by these rules in Section 4.52 or by a committee's own officially adopted rules of procedure. Copies of committee rules must be filed with the county clerk and the Board Chairperson immediately following their adoption.
4.522226 Organization Meetings. All county committees including special committees shall hold organization meetings at least every two (2) years during their first meeting in the calendar year, unless otherwise designated by law, at which time they shall elect officers. Notification of officers elected shall be given promptly in writing by the secretary to the County Clerk and County Board Chairperson.
4.522227 Committee Minutes and Written Records. All county boards, commissions, and committees including the County Board, the County Board Committees, and special committees, shall keep minutes of their meetings which shall include time, date and place of meetings, and time of adjournment, a record of actions taken and of attendance and absences of members. Copies of these minutes shall be delivered promptly to the county clerk who shall be responsible for delivering copies of same to all County Commissioners and keeping a file of such minutes as a public record. All communications, reports, minutes, and other written matters of boards, commissions, and committees shall be dated and signed by the person responsible for their preparation.
4.5223 Budgets and Claims:
4.52231 Budget request, financial records, payments of expenses and all financial matters of committees, shall be in accordance with State statutes and Board policies.
4.52232 Line item budget request for all county committees for the ensuing year must be submitted to the County Administrator by May 1st of each calendar year. Following adoption of the county budget, committees will be expected to adhere to that budget.
4.52233 Board policy and State statute requires that all claims against the county must be submitted on special forms to be signed by the department head or committee chairperson itemized and accompanied by invoices where applicable, to the Board Finance Committee for recommendation to, and action by, the Board. No claims will be allowed which are not within the budget guidelines adopted according to statute for the succeeding year, unless authorized by special Board action. All purchases must be made in accordance with Board policy requiring purchase orders.
4.52234 In the event there occurs a need for unforeseen or necessary changes in budget line items or increases in total budget for any committee or department, requests for same must be submitted in writing to the Board Finance Chairperson and County Administrator five (5) days prior to the regular Board meeting and receive Board approval or they will not be allowed.
4.52241 Compensation and expenses for statutory committees shall be by governing statute or Board action in accordance with Board financial and budgetary policies.
4.52242 Members of standing and special committees, except for County Board members and those whose compensation derives from sources other than as members of such committees, shall not be compensated for time served unless by special Board action, but may be granted allowances for travel and operating expenses incurred in performing their assigned responsibilities when authorized by the Board in advance.
4.52243 The Board Chairperson shall have copies of these definitions and general rules governing county committees delivered to all newly elected presiding officers of these bodies immediately after notification of their election and such officers shall be responsible for their being read at the first committee meeting immediately following their receipt and for having a record made of such reading in the minutes of the meeting.
5. CONDUCT OF MEETING:
5.1 Order of Business.
5.11 Regular Order. The regular orders may be as follows:
Call to Order
Pledge of Allegiance
Reading, Correction and Approval of Minutes of Previous
Presentation of Written Communications
Reports of Standing and Statutory Committees
Reports of Special Committees and Others
Public Comment on Agenda Items
Special Orders of Business
Consideration & Allowance of Claims & Budget Affairs
General Orders of Business
General Public Comment
5.2 Agenda. On or before the fifth day before each regular and adjourned regular meeting of the Board, the clerk shall be responsible for delivery to each member of an agenda for the meeting. Contained therewith shall be a brief description of all matters to be considered and arranged in accordance with the order specified above; a copy of all committee reports to be acted upon at said meeting shall be attached thereto. All information to be placed on the agenda must be received by the clerk of the Board no later than 12:00 Noon on the sixth day immediately preceding said regular or adjourned regular meeting. Only with unanimous consent of the members present may any committee report or other business, other than reports on routine claims, be acted upon by the Board of Commissioners at any regular or adjourned regular meeting unless a copy thereof has been delivered to each County Commissioner either with the agenda or separately, not later than the day prior to the meeting.
5.21 Agenda priorities. All matters to be placed on the agenda under one of the specific categories above, shall be given priority of order on the basis of date and time received by the Clerk of the Board. Priority of consideration of agenda items may be changed by majority vote of the Board.
6. RIGHTS AND DUTIES OF MEMBERS
6.1 Speaking Priorities and Limits.
6.11 Each member desiring to speak shall address the chair and, when recognized, speak from his/her place. If two or more members at the same time desire to speak, the chair shall designate the order in which they shall speak.
6.12 No member, while addressing the Board shall be interrupted, except to be called to order.
7. NON-MEMBER ADDRESS TO COMMISSION
Only members of the Board of Commissioners shall be given the floor to speak during any Board meeting except:
7.1 County officials who may speak with the consent of the majority of the Board members present:
7.2 Any person who, with the consent of the Chairperson of the Board or majority of the Board Commissioners, may be given permission to speak in an appropriate place on the agenda for the purpose of addressing the Commission:
7.3 Any member of the public speaking under the privilege of "General Public Comment" shall be limited by the following Board policy: Any individual wishing to address the Board will be allocated three (3) minutes. The three minutes used by the individual are to make statements. There will be no question and answer session format. This will strictly be a statement type format. If an individual wished to address the Board, the individual's name must be placed on the sign up list available from the County Clerk. Speakers will be called in order of sign up. The Board may, upon majority agreement, waive these limits or set them aside.
8. PARLIAMENTARY AUTHORITY AND PROCEDURE.
8.1 Authority. Robert's "Rules of Order" shall govern all questions of
procedures which are not otherwise provided by these rules or State Law.
8.21 Motion, Resolutions, Committee Reports. In accordance with Robert's "Rules of Order" motions by Board members require a second before being debated and voted upon.
8.22 Motion to Clear the Floor. If in the judgment of the Chairperson, procedural matters have become confused, the Chairperson may request a "motion to clear the floor". Such motion, if made, shall take precedence over all other motions and shall not be subject to debate of if carried, to a motion to reconsider. The motion to clear the floor, if carried, shall clear the floor completely and with the same effect as if all matters on the floor were withdrawn.
8.23 Order of Precedence of Motions. When a motion is made and is before the Board, no other motion shall be received except the following:
To fix the time to which to adjourn
To move the previous question
To lay on the table
To postpone indefinitely
To postpone to a time certain
These motions shall have precedence in the order as named above.
8.24 Discharge of Committee. The Board by a majority of all its members, may discharge any standing or special committee from further consideration of any matter referred to the committee if the motion to discharge was properly placed upon the meeting agenda at which action is desired. Any motion to discharge that was not placed upon the agenda of the meeting at which action is desire, shall require a two-thirds vote of all members of the Board in order to secure passage.
8.25 Suspension of the Rules. The rules may be temporarily suspended only by a majority vote of all members of the Board in order to facilitate the accomplishment of any legal objective of the Board in a legal manner.
ADOPTION AND AMENDMENT OF RULES. These rules having been adopted by not less than a majority of all the members of the Board, may be amended or rescinded by majority vote of all the members of the Board. They shall remain in effect until amended or rescinded at any regular Board meeting, notification of proposed amendments or rescission having been presented in writing to Board members ten (10) days prior to such meeting. Any proposed amendment to those rules, properly presented to the Board of Commissioners, shall take immediate effect when adopted, unless the Board at the time of adoption, stipulates otherwise.
Note: Items marked with a star (*) in the above Rules of Procedure are Statutory.