View the PDF version Google Docs PDF Viewer
CONTENTS
RULES OF THE CITY COMMISSION
A. Regular & Special Meetings
B. Meeting Procedures
C. Closed Meetings
D. Voting & Discussion
E. Citizen Participation
F. Agenda
G. Consent Agenda
H. Recording of Meeting
I. Miscellaneous
J. Committee Assignments
K. Manager Evaluation Process
GUIDELINES FOR CONDUCT
A. Public Relations
B. City Commission Relations with City Staff
C. City Commission Relations with Appointed City Commissions and
Committees and Commission Member Representation to other Agencies and Groups
RESOLUTION
A RESOLUTION OF THE CITY OF MUSKEGON ADOPTING RULES OF THE CITY COMMISSION FOR THE
CONDUCT OF COMMISSION MEETINGS AND A CODE OF CONDUCT.
BE IT RESOLVED by the City Commission of the City of Muskegon that said Commission does hereby adopt
certain rules of procedures and conduct as follows:
RULES OF THE CITY COMMISSION
A. REGULAR AND SPECIAL MEETINGS:
1. REGULAR MEETINGS
Regular meetings of the City Commission will be held on the second and fourth Tuesday
of each month beginning at 5:30 p.m., local prevailing time, at the City Hall, 933 Terrace
Street, Muskegon. Regular meetings may be rescheduled to other times by a vote of the
Commission.
2. SPECIAL MEETINGS
A special meeting may be called by the Mayor or any of two (2) or more members-of
Commission and upon at least eighteen (18) hours-notice to each member.
3. BUSINESS AT SPECIAL MEETINGS
No business shall be transacted at any special meeting of the Commission unless the same
has been stated in the required notice of such meeting.
4. STUDY SESSION MEETINGS
The Study Work Session meetings will be held on the Monday preceding the second
Tuesday of each month at 5:30 p.m. in City Hall, 933 Terrace Street.
5. REGULAR AND SPECIAL MEETING NOTICE (POSTING) REQUIREMENTS.
a) For regular meetings of the Commission, the Clerk shall post at the City Hall,
within three (3) days after the first meeting of the Commission in each calendar
year, a public notice stating the dates, times, and places of its regular meeting for
the year.
b) For a rescheduled regular or a special meeting, of the Commission, a public notice
stating the date, time, place and reason of the meeting shall be posted in City
Hall at least 18 hours before the meeting.
c) However, such notice, as described in 5a and b above, is not required for a
meeting of the Commission in emergency session in the event of a widespread
natural disaster or a severe and imminent threat to the health, safety or welfare
of the public when two-thirds of the members of the Commission determine
that delay would be detrimental to the City’s efforts in responding to the threat.
6. SHARING OF MEETING AGENDAS AND PACKETS
City Clerk shall upload every regular City Commission meeting packet to the city’s
website at least 84 hours prior to the start of the meeting. Additionally, upon written
request of an individual, organization, firm or corporation, and upon the requesting
party's payments of an annual fee of not more than the reasonable estimated cost for
printing and postage of such notices, the Clerk shall send to the requesting party by first
class mail a copy of regular meeting agendas. Upon written request, the Clerk shall
provide a copy of such notices of Meetings to any newspaper published in the City of
Muskegon and to any radio and television station located in Muskegon County free of
charge.
7. MINUTES OF REGULAR AND SPECIAL MEETINGS
a) A journal of the proceedings of each regular and special meeting will be kept in
the English language by the Clerk and shall be signed by the City Clerk, upon
approval of Commission.
b) Unapproved minutes of regular or special meetings will be available for public
inspection not more than eight business days after such meeting.
c) Approved minutes will be available for public inspection not later than five
business days after the meeting at which the minutes were approved.
B. MEETING PROCEDURES:
1. MEETINGS TO BE PUBLIC
All regular and special meetings of the City Commission shall be open to the public and
citizens shall have a reasonable opportunity to be heard under such rules and
regulations as the Commission may prescribe.
2. ORDER OF BUSINESS
An agenda for each Regular Commission meeting shall be prepared by the Mayor, City
Manager, or City Clerk in accordance with the following order of business:
a. Call Meeting to Order/Welcome
b. Prayer
c. Pledge of Allegiance
d. Roll Call
e. Honors and Awards
f. Public Comment on Agenda Items
g. Consent Agenda
h. Public Hearings
i. Unfinished Business
j. New Business
k. Any Other Business
l. Public Comment on Non-Agenda Items
m. Adjournment
3. QUORUM
Four (4) members of the Commission in office at the time shall be a quorum for the
transaction of business.
4. PRESIDING OFFICER
The presiding officer shall be responsible for enforcing the Rules of the City Commission,
contained herein, as well as the Code of Conduct. The Mayor shall be the presiding officer
of the Commission. In the absence of or disability of the Mayor, the Vice-Mayor shall be
the presiding Officer of the Commission. In the absence or disability of both, the
Commission may designate another of its members to serve as presiding during such
absence or disability.
C. CLOSED MEETINGS:
1. PURPOSE
The City Commission may only meet in closed session for purposes defined in the Michigan
Open meetings Act as follows:
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.
b) For strategy and negotiation sessions connected with the negotiation of a
collective bargaining agreement or related issues when either negotiating party
requests a closed herein
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. This does not include the sale,
lease or other conveyance of City property to others.
d) To consult with its attorney regarding trial or settlement strategy in connection
with specific pending litigation, but only when an open meeting would have a
detrimental financial effect on the litigating or settlement position of the
Commission.
e) To review the specific •contents of an application for employment or
appointment to a public office when the candidate requests that the application
remain confidential. Ali interviews by a public body for employment or
appointment to a public office shall be held in an open meeting pursuant to this
act.
f) To consider material exempt from discussion or disclosure by state or federal
statute.
2. CALLING CLOSED SESSIONS:
A two-thirds roll call vote of the Commission members elected and serving shall be
required, except under Sections (a) and (b) above. The roll call vote shall be taken at an
open meeting and the purpose for calling the closed session shall be entered into the
minutes of the meeting at which the vote is taken.
3. MINUTES OF CLOSED MEETINGS
A separate set of minutes •shall be taken by the Clerk or the designated Secretary at the
closed session. These minutes will be retained by the Clerk of the Commission, shall not
be available to the public, and shall be disclosed if required by a civil action. These minutes
shall be kept for a period of one year from the date of the closed meeting.
4. CONFIDENTIALITY OF CLOSED MEETING INFORMATION
A City Commission member shall not divulge to an unauthorized person confidential
information discussed in an executive session in advance of the time prescribed for ifs
authorized release to the public by the City Commission. Commission members shall
honor the confidentiality of the debate, discussion, and preliminary action taken in
executive session, and be aware of the potential financial liability and/or harm- to the
reputation of the City by premature disclosure.
D. VOTING AND DISCUSSION:
1. ROLL CALL
In all call votes, the names of the members of the Commission shall be called. A vote
upon all ordinance enactments, rezoning issues, and liquor license requests shall be
taken by a roll call vote and entered upon the records.
2. RESULTS OF VOTING
In all cases where a vote is taken, the Chair or Clerk shall declare the result.
3. DUTY TO VOTE
Whenever a question is put before the Chair, every member shall vote, provided however,
that no member shall be required to vote if:
a) That member shall have a conflict of interest and shall state his/her conflict of
interest, or
b) That member shall state that he/she has inadequate information upon which to
base a reasonably informed vote and shall state the particulars of the
information desired before a reasonable informed vote can be cast.
Absence from a prior meeting shall not constitute the basis of the lack of
information referred to above
If a member is precluded from voting pursuant to a conflict of interest, that member shall
refrain from participating in the discussion on the issue.
4. CONDUCT OF DISCUSSION
The maker of the motion shall speak first, and the supporter of the motion shall speak
second. During Commission discussion and debate, no member shall speak until
recognized for the purpose by the Chair. After such recognition the member shall confine
discussion to the question at hand. Personal comments about other individuals should
be avoided. When addressing other members of the Commission they should be
addressed by title and/or last name but not by first name. No member should request to
speak a second time on a motion as long as another is requesting recognition to speak
for a first time. After every member of the Commission has had the opportunity to speak
on an item for the first time, the Mayor may ask if any member of the Commission would
like to make a motion to call the question. If a motion is made and seconded, debate
shall stop immediately and the Mayor will take a vote on the motion to call the question
by a show of hands; if 2/3 of the present Commissioners agree to end the debate, the
Clerk shall immediately take a roll call vote on the underlying motion. If the motion to
call the question fails to garner the support of 2/3 of the present Commissioners, debate
will continue; once every member has had an opportunity to speak on the item for a
second time, the Mayor may ask if any member of the Commission would like to make a
motion to call the question, and the process described above will repeat itself.
5. COMMISSION MEMBER REQUESTS FOR POSTPONEMENTS
Requests for postponements on agenda items from members of Commission requires
approval by a majority of Commission present.
6. RULES OF PARLIAMENTARY PROCEDURE
The rules of parliamentary practice as contained in Robert's Rules of Order, most recent
edition, shall govern the Commission in all cases to which they are applicable, provided
they are not in conflict with these Rules or with the Ordinances and Charter of the. City
of Muskegon.
7. RECONSIDERATION OF MOTIONS
When a question has been decided, it shall be in order for any Commission member who
voted on the prevailing side of the question to move the reconsideration at the same
meeting or at the next regularly scheduled meeting provided no action has been taken as
a result of the previous vote.
8. GENERAL CONSENSUS
General consent or consensus may be used to give direction and the minutes should
indicate that a majority consented.
E. CITIZEN PARTICIPATION:
1. GENERAL
Each Commission meeting agenda shall provide for reserve time for audience
participation, as requested
2. REQUESTS TO SPEAK, LENGTH OF PRESENTATION - PUBLIC HEARINGS AND PARTICIPATION
Members of the public at the meeting shall not speak unless recognized by the chair.
Members of the public shall be limited to speaking for a maximum of three (3) minutes
during any public hearing or public comment.
3. PERSONS ADDRESSING THE COMMISSION
Prior to addressing Commission, members of the public shall step up to the
microphone/podium and state their name and address. The Commission may in its
discretion limit public comments to new information or matters not fully addressed at
any previous meeting regarding the agenda item at issue.
4. REQUESTS TO SPEAK ON AN AGENDA ITEM
Prior to the start of the meeting, any member of the public may submit a written request
form to the City Clerk requesting to speak on an agenda item. All written requests will
be honored under the Item F – Public Comment on Agenda Items. All comments shall be
directed to the Mayor; Commissioners shall not engage in dialogue, debate, or
negotiation with commenters.
5. REQUESTS TO SPEAK DURING PUBLIC PARTICIPATION.
a. Any person who wishes to speak on a subject not on the printed agenda
may speak at this time. All rules of conduct still apply.
b. Candidates or any person(s) working for a candidate shall not be allowed
to use public participation time for campaigning.
6. DISORDERLY CONDUCT AT MEETINGS.
Persons addressing the Commission shall make responsible comments and shall refrain
from making personal, impertinent, slanderous or profane remarks. The Chairperson may
call to order any person who is being disorderly by speaking when not recognized by the
chair or otherwise disrupting the proceeding by failing to be germane, by speaking longer
than the allotted time, or by speaking vulgarities. Such persons shall thereupon be seated
until the Chair shall have determined whether the person is in order. If a person so engaged
in presentation shall be called out of order, he or she shall not be permitted to speak at the
same meeting, except upon special leave by the Commission. If the person shall continue
to be disorderly and disrupt the meeting, the chair may order the Police Department to
remove the person from the meeting.
F. AGENDA:
1. PREPARATION
The City Manager and City Clerk shall prepare an agenda for each regular or special
meeting of the City Commission. The deadline for submitting items for Commission
agenda is 4:00 p.m. on the Tuesday preceding the Tuesday of the Commission meeting
to the City Clerk. Agenda items from Commission members should be submitted in
writing by this same time to the City Manager. Requested items will appear on a meeting
agenda within three meetings after request is made.
2. DISTRIBUTION
Agendas, ordinances and all related background material will be delivered to City
Commission members, via email, the Thursday before the scheduled regular meeting,
or at least 12 hours before a scheduled special meeting.
3. AGENDA MATERIAL
Department Heads and all others shall submit written requests for inclusion on the
agenda to the City Clerk with necessary supporting data. Written presentations shall be
submitted by 4:00 p.m. on the Tuesday preceding the Tuesday Commission meeting for
circulation with agendas. Agenda requests could be delayed to a later meeting if related
information is not received by the City Clerk in a timely manner.
G. CONSENT AGENDA:
1. PURPOSE.
Consent agenda will be used to allow the City Commission to act one many items at one
time.
2. AGENDA ITEMS.
A consent agenda will be developed by the City Clerk and/or City Manager prior to the
regular meeting items. Any action items not requiring a formal public hearing may be
included in the Consent Agenda. Any member of the Commission may request that an
item be removed from the consent agenda and placed on the regular agenda for
discussion.
H. RECORDING OF COMMISSION MEETINGS:
1. MEETINGS MAY BE RECORDED
All regular or special meetings of the City Commission may be recorded through the use
of audio/visual electronic devices. Such recordings will be under the control and
supervision of the City Clerk. The City Clerk shall provide each member of the City
Commission with a copy of the audio file from each Worksession meeting.
2. RETENTION OF RECORDS
Any recordings from Commission meetings may be retained by the City Clerk until the
meeting minutes are approved. Any recordings from Worksession meetings shall be
retained for a period of two (2) years from the date of the meeting.
I. MISCELLANEOUS:
1. AMENDMENTS TO RULES
The rules of the City Commission may be altered or amended by a majority vote of two-
thirds of the entire Commission.
2. SUSPENSION OF RULES
The rules of the City Commission may be suspended for good cause for a specified portion
of a meeting by a two-thirds majority of the entire Commission.
3. CONTROLLING AUTHORITY
These rules shall control, unless preempted by City Charter, State laws or the Court.
4. REVIEW OF CONSULTANTS
City Commission shall make an annual internal evaluation of consultants at the time of
review of the City budget to determine if the services being provided are satisfactory and
if judged to be inappropriate, will move to proceed with establishing a more formal
review process.
5. RESOLUTIONS OF RECOGNITION
Requests for resolutions will be made and acted on at the Community Relations
Committee Meeting. All Commissioners will sign resolutions voted on and approved. As
Mayor, the Mayor can sign any other resolutions.
J COMMITTEE ASSIGNMENTS
1. ASSIGNMENTS
The Mayor may assign Commission members to any committee as is deemed necessary,
with approval of the City Commission.
2. RESPONSIBILITIES
Commission member's responsibilities as committee members will be generally limited
to policy and not the administration of a department or appointed organization.
K. CITY MANAGER EVALUATION PROCESS
The City Manager will be evaluated by the members of the City Commission before July 1st each year.
Forms and materials will be sent out by the City Clerk and all completed forms will be returned to the
City Clerk for compiling. A report will be generated by the City Clerk with the results of the evaluations.
A meeting with the City Manager and City Commissioners will be scheduled to review the evaluations.
L. ITEMS REQUIRING CITY COMMISSION APPROVAL
The City Commission authorizes the City Clerk, City Manager, and Department Heads to exercise
discretion when determining which items require formal City Commission approval and must be
included on a City Commission Agenda. Regardless of such discretion, the following items must be
presented to the City Commission for formal action:
1. All items in which City Charter, State, or Federal rules/regulations require legislative body
approval.
2. The annual operating budget and amendments thereto.
3. All formal City Commission policies and procedures and amendments thereto.
4. All Ordinances and amendments thereto.
5. All purchases over $25,000 for which an appropriation has been not previously established as
part of the adopted or amended annual budget.
6. The purchase or sale of real property.
7. Borrowing of funds.
8. All formal agreements between the City and another party that extend beyond one year in
duration or result in expenses to the City in excess of $25,000 annually.
Adopted 3/14/2023