VILLAGE OF NASHVILLE
RULES OF PROCEDURE POLICY
ACCEPTED 6-14-2007
A. REGULAR AND SPECIAL MEETINGS
All
meetings of the village council will be held in compliance with state statutes, including the Open Meetings Act, 1976 PA 267
as amended, and with these rules.
1.
REGULAR MEETINGS
Regular meetings of the village council will be held on the second and fourth Thursday of
each month beginning at 7:00 pm at the village hall (with the exception of the Thanksgiving Holiday week in which the regular
meeting will be held on Tuesday of that week) unless otherwise rescheduled by resolution of the council.
2. SPECIAL MEETINGS
A special meeting shall be called by the clerk upon the written or verbal request of
the village president or written request any three members of the council with at least a 24 hours’ written or verbal
notice to be given to each member of the council served personally, by phone, or left at the councilmember’s usual place
of residence. Special meeting notices shall state the purpose of the meeting. No official action shall be transacted at any
special meeting of the council unless the item has been stated in the notice of such meeting.
3. POSTING REQUIREMENTS FOR REGULAR AND SPECIAL
MEETINGS
a. Within
ten days after the first meeting of the council in March of each year, a public notice stating the dates, times and places
of the regular monthly council meetings will be posted at the village office.
b. For a rescheduled regular meeting of the council, a special meeting of the council, or a meeting of a standing
committee, a public notice stating the date, time and place of the meeting shall be posted at least 18 hours before the meeting
at the village office.
c. The notice described above is not required
for a meeting of the council in emergency session in the event of a severe and imminent threat to the health, safety or welfare
of the public when two-thirds of the members of the council determine that delay would be detrimental to the village’s
efforts in responding to the threat.
4.
MINUTES OF REGULAR AND SPECIAL MEETINGS
The clerk shall attend the council meetings and record all the proceedings and resolutions of the council
in accordance with Section 64.5 of the General Law Village Act of 1895 as amended and the Open Meetings Act. In the absence
of the clerk, the deputy clerk will record the minutes or the council may appoint on of its own members or another person
to temporarily perform the clerk’s duties.
Within
15 days of a council meeting a synopsis showing the substance of each separate decision of the council or the entirety of
the council proceedings shall be prepared by the clerk and shall indicate the vote of the trustees. It shall then be posted
in the village hall for the public to view.
A
copy of the minutes of each regular or special council meeting shall be available for public inspection at the village offices
during regular business hours.
5. STUDY SESSIONS
Upon the call of the village president
or the council and with appropriate notice to the trustees and to the public, the council may convene a work session devoted
exclusively to the exchange of information relating to municipal affairs. No votes shall be taken on any matters under discussion
nor shall any council member enter into a formal commitment with another member regarding a vote to be taken subsequently.
B. CONDUCT OF MEETINGS
1. MEETINGS TO BE PUBLIC
All regular and special meetings of the village council shall be open to the public, and citizens shall have
a reasonable opportunity to be heard in accordance with such rules and regulations as the council may determine, except that
the meetings may be closed to the public and the media in accordance with the Open Meetings Act.
All official meetings of the council and its committees shall be open to the media, freely
subject to recording by radio, television and photographic services at any time provided that such arrangements do not interfere
with the orderly conduct of the meetings and subject to Village Meeting Taping Policy.
2. AGENDA PREPARATION
An agenda for each regular council meeting shall be prepared by the village president with
the following order of business:
A.
Call meeting to order
B. Pledge of Allegiance
C. Roll
call of council
D.
Approve agenda for meeting
E. Public hearings (when needed)
F. Approval
of minutes from previous meeting
G. Communications to council / public recognition
H. Payment
of bills (first meeting of the month only)
I. Department reports (first meeting
of the month only)
J.
Audience questions / comments
K. Old & new business items
L. Committee
reports
M. Roundtable by council members
N. Adjournment
Items must be placed on the agenda by 4:00 p.m. on the Monday preceding the next regularly
scheduled council meeting OR in the case of a holiday falling on that Monday, then items must be placed on the agenda by 4:00
p.m. on the Tuesday preceding the next regularly scheduled council meeting. Any council member can contact the clerk’s
office to have an item placed on the agenda. Late items can be added with a majority vote of members present at the council
meeting.
3. AGEND DISTRIBUTION
All council members will receive an agenda
on the Tuesday preceding the next regularly scheduled council meeting. All information pertaining to items on the agenda will
be distributed at this time if not before.
4. QUORUM
A
majority of the entire elected or appointed and sworn members of the council shall constitute a quorum for the transaction
of business at all council meetings. In the absence of a quorum, a lesser number may adjourn any meeting to a later time or
date with appropriate public notice.
5.
ATTENDANCE AT COUNCIL MEETINGS
Election to the village council is a privilege freely sought by the nominee. It carries with it the
responsibility to participate in council activities and represent the residents of the village. Attendance at council meetings
is critical to fulfilling this responsibility. The village council is empowered by Section 65.5 of the General Law Village
Act as amended to adjourn a meeting if a quorum is not present.
The council may excuse absences for cause. If a council member has more than four unexcused
successive absences for regular or special council meetings, the council may enact a resolution of reprimand. In the event
that the member’s absences continue for more than two additional successive regular or special meetings of the council,
the council may enact a resolution of censure or request the council member’s resignation or both as prescribed by the
Council Meeting Attendance Ordinance.
6.
PRESIDING OFFICER
The
presiding officer shall be responsible for enforcing these rules of procedure and for enforcing orderly conduct at meetings.
The village president is ordinarily the presiding officer. The village council shall appoint one of its member’s president
pro tempore, who shall preside in the absence of the president. In the absence of both the president and the president pro
tempore, the member present who has the longest consecutive service on the council shall preside.
7. DISORDERLY CONDUCT
The president may call to order any person who is being disorderly by speaking out of order
or otherwise disrupting the proceedings, failing to be germane, speaking longer than the allotted time or speaking vulgarities.
Such person shall be seated until the chair determines whether the person is in order.
If the person so engaged in presentation is called out of order, he or she shall not be permitted
to continue to speak at the same meeting except by special leave of the council. If the person shall continue to be disorderly
and disrupt the meeting, the chair may order the sergeant at arms to remove the person from the meeting. A civil infraction
fine can also be applied per the Conduct at Meetings Ordinance if the chair so chooses. No person shall be removed from a
public meeting except for an actual breach of the peace committed at the meeting.
C. CLOSED MEETINGS
1. PURPOSE
Closed meetings may be held only for the reasons authorized in the Open Meetings Act, which include the
following:
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 if the named person requests a closed meeting (majority vote).
b. For strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement if either
negotiating party requests a closed hearing (majority vote).
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 (2/3 roll call vote).
d. To consult
with the village attorney or another 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 council
(2/3 roll call vote).
e. To review the specific contents of
an application for employment or appointment to a public office if a candidate requests that the application remain confidential
(2/3 roll call vote). However, 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 (2/3 roll call vote).
2. CALLING CLOSED MEETINGS
At a regular or special meeting, the council may call a closed session under the conditions
outlined in Section 1 above. The vote and purpose(s) for calling the closed meeting shall be entered into the minutes of the
public part 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 of the council at the
closed session. These minutes will be retained by the clerk, shall not be available to the public, and shall only be disclosed
if required by a civil action, as authorized by the Michigan Open Meetings Act. These minutes will be approved by the council
at the next regular meeting through the process of a signature being placed on the minutes by all councilmember’s present
at the closed session. (there will be no copy’s of these minutes made and handed out to council member’s) These
minutes may be destroyed one year and one day after the meeting at which they are approved.
D. DISCUSSION AND VOTING
1. RULES OF PARLIAMENTARY PROCEDURE
The rules of parliamentary practice as
contained in the latest edition of Roberts Rules of Order shall govern the council in cases to which they are applicable,
provided that they are not in conflict with the Policies and Ordinances of the Village of Nashville, or state statutes applicable
to the Village of Nashville. The village president may appoint a parliamentarian.
The chair shall preserve order and decorum and may speak to points of order in preference
to other trustees. The chair shall decide all questions arising under this parliamentary authority, subject to appeal and
reversal by a majority of the trustees present.
Any
member may appeal to the council a ruling of the presiding officer. If the appeal is seconded, the member making the appeal
may briefly state the reason for the appeal and the presiding officer may briefly state the ruling. There shall be no debate
on the appeal and no other member shall participate in the discussion. The question shall be, “Shall the decision of
the chair be sustained?” If the majority of the members present vote “aye,” the ruling of the chair is sustained;
otherwise it is overruled.
2. CONDUCT OF DISCUSSION
During the council discussion and debate,
no member shall speak until recognized for that purpose by the chair. After such recognition, the member shall confine discussion
to the question at hand and to its merits and shall not be interrupted except by a point of order or privilege raised by another
member. Speakers should address their remarks to the chair, maintain a courteous tone and avoid interjecting a personal note
into debate.
No member shall speak more than once on
the same question unless every member desiring to speak to that question shall have had the opportunity to do so.
The chair, at his or her discretion and subject to the appeal
process mentioned in Section
D-1,
may permit any person to address the council during its deliberations.
3. ORDINANCES AND RESOLUTIONS
No ordinance, except an appropriation ordinance, an ordinance adopting or embodying an administrative
or governmental code or an ordinance adopting a code of ordinances, shall relate to more than one subject, and that subject
shall be clearly stated in its title.
A vote on
all ordinances and resolutions shall be taken by a roll call vote and entered in the minutes unless it is a unanimous vote.
If the vote is unanimous, it shall be necessary only to so state in the minutes, unless a roll call vote is required by law
or by council rules.
4. ROLL CALL
In all roll call votes, the names of the
members of the council shall be called in rotation with subsequent votes rotating the first name called during the previous
roll call to the bottom of the list for the current vote with the exception of the president who will always vote last.
5. DUTY TO VOTE
Election to a deliberative body carries with it the obligation
to vote. Trustees present at a council meeting shall vote on every matter before the body, unless otherwise excused or prohibited
from voting by law. A councilmember who is present and abstains or does not respond to a roll call vote shall be counted as
voting with the prevailing side and shall be so recorded, unless otherwise excused or prohibited by law from voting.
Conflict of interest, as defined by law, shall be the sole
reason for a member to abstain from voting. The opinion of the village attorney shall be binding on the council with respect
to the existence of a conflict of interest. A vote may be tabled, if necessary, to obtain the opinion of the village attorney.
The right to vote is limited to the members of council
present at the time the vote is taken. Voting by proxy or by telephone is not permitted.
6. RESULTS OF VOTING
In all cases where a vote is taken, the chair shall declare the result.
It shall be in order for any councilmember voting in the majority to move for a reconsideration
of the vote on any question at that meeting or at the next succeeding meeting of the council. When a motion to reconsider
fails, it cannot be renewed.
E. CITIZEN PARTICIPATION
1. GENERAL
Each regular council meeting agenda shall
provide for reserved time for audience participation.
If
requested by a member of the council, the presiding officer shall have discretion to allow a member of the audience to speak
at times other than reserved time for audience participation.
2. LENGTH OF PRESENTATION
Any person who addresses the village council during a council meeting or public hearing shall
be limited to three (3) minutes in length per individual presentation. The clerk will maintain the official time and notify
the speakers when their time is up.
3.
ADDRESSING THE COUNCIL
When a person addresses the village council:
1. He or she shall state his or her name.
2. During a Public Hearing, remarks should be confined to the question at hand.
3. Remarks shall be addressed to the chair
in a courteous tone and will not include any foul language, disrespect of others, or personal attacks.
4. No person shall have the right to speak more than
once on any particular subject until all other persons wishing to be heard on that subject have had the opportunity to speak.
5. No person shall speak while another
is speaking - every will get their turn
F. MISCELLANEOUS
1. ADOPTION AND AMENDMENT OF RULES OF PROCEDURE
These rules of procedure of the village
council will be placed on the agenda of the first meeting of the council following the seating of the newly elected trustees
for review and adoption. A copy of the rules adopted shall be distributed to each councilmember.
The council may alter or amend its rules at any time by a vote of a majority of its members
after notice has been given of the proposed alteration or amendment.
2. SUSPENSION OF RULES
The rules of the village council may be suspended for a specified portion of a meeting by
an affirmative vote of two-thirds of the members present except that council actions shall conform to state statutes and to
the Michigan and the United States Constitution.
3. BID AWARDS
Bids will be awarded by the village council during regular or special meetings. A bid award may be made at a special
meeting of council if that action is announced in the notice of the special meeting.
4. COMMITTEES
Standing and special committees of council
Each standing committee shall establish rules and regulations
relating to its function. The village council reserves the right to establish by resolution such rules and regulations which
shall then be in force for all standing committees.
The
village shall have the following standing committees:
Department of Public Works – oversees
the DPW department decisions and its employee’s relations; draw up or revise when necessary, guidelines regarding employee
working conditions and compensation which will then be submitted to the council for action.
Police – oversees the Police
Department decisions and its employee’s relations; draw up or revise when necessary, guidelines regarding employee working
conditions and compensation which will then be submitted to the council for action.
Finance & Office Staff – administer
rules and regulations concerning purchasing procedures for the village and all departments thereof; draw up and submit the
proposed budget to the council by the first regular council meeting held in February of each year; oversee the office staff
decisions and its employee’s relations; draw up or revise when necessary, guidelines regarding employee working conditions
and compensation which will then be submitted to the council for action.
Parks/Buildings & Grounds – oversees
the needs of all village buildings, village parks and other village grounds
Policy & Ordinance – develops and updates village
policy’s and ordinance’s
Cable Access – oversees the cable access channel
Health, Safety & Loss – Create
& maintain an active interest in safety; reduce accidents; promotes accident prevention
Motor Vehicle Accident Review Board
– to review any accident reported which involve village vehicles
Dam – oversee maintenance, repair, or removal of
the Thornapple River Dam located within the village limits
Committee members will be appointed by the village president at the first meeting of April of each year. They shall
be members of the council. The committee member shall serve for a term of one year and may be re-appointed. The president
shall fill any committee vacancies caused by the November election results by placing newly elected councilmember(s) on the
committee(s) that has been vacated by the outgoing councilmember(s) until the first meeting of April of the next year.
Special committees may be established for a specific period
of time by the village president or by a resolution of the council which specifies the task of the special committee and the
date of its dissolution.
Citizen task forces
Citizen task forces may be established
by a resolution of the council which specifies the task to be accomplished and the date of its dissolution. Members of such
committees will be appointed by the village president, subject to approval by the majority vote of the village council and
must be residents of the village or the surrounding area. Vacancies will be filled by majority vote of the village council
in the same way appointments are made.
5.
AUTHORIZATION FOR CONTACTING THE VILLAGE ATTORNEY
The following village officials are authorized to contact the village attorney regarding village
matters:
Village President
Village President pro tempore
Village Clerk (as directed by the President, President
pro tempore, or council)
Village
council as a whole
(Other
councilmember’s and appointed officials must gain permission from the Village President on a case by case basis)