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Village of Nashville Miscellaneous policies
- 1. Equal Employment Opportunity Policy
- 2. Equal Opportunity Policy
- 3. Freedom of Information Act Policy
- 4. Internal Communication Policy
- 5. Complaint Policy
- 6. Telecommunication Policy
- 7. Title VI Policy (Civil Rights Act)
- 8. Records Management Policy
- 9. Records Management Policy Schedule #1
- 10. Water/Sewer Billing Name Change Policy
- 11. Civil Infraction Warning Letter Policy
- 12. Motor Vehicle Accident
EQUAL EMPLOYMENT OPPORTUNITY POLICY
It is the policy of the Village of Nashville, Michigan to assure that applicants
are employed, and that employees are treated during employment, without regard
to their race, religion, sex, color, disability or national origin. Such action
shall include: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; lay off or termination; rates of pay or other forms of
compensation; and selection for training, including: apprenticeship, pre
apprenticeship, and or on the job training.
EQUAL OPPORTUNITY POLICY
It is the policy of the Village of Nashville, Michigan to assure equal access to
all public services and utilities without regard to their race, religion, sex,
color, national origin, disability, or income status.
FREEDOM OF INFORMATION ACT (FOIA) POLICY
This policy was established by the Village of Nashville to identify the
procedures that Village officers and employees are to follow when processing a
request in accordance with Act No. 442 of the Public Acts of 1976, as amended
(the "Act").
SECTION 1. DEFINITIONS
Act: The Michigan Freedom of Information Act, No. 442 of the Public Acts of
1976, as amended.
FOIA: The individual, designated by the Village Council, who is responsible for
accepting and processing requests for public records as outlined in this policy
and the Act, and who is responsible for approving denials of requests, or that
individual's designee as provided.
Person: An individual, corporation, organization, or other legal entity, as
modified by the Act.
Public Body: The Village of Nashville and its duly constituted departments,
commissions, boards or committees.
Public Records: A writing which is prepared, owned, used in the possession of or
retained by a public body in the performance of an official function from the
time it is created and as otherwise defined by the Act.
Unusual Circumstances: Entails the need to search for, collect, or appropriately
examine or review a voluminous amount of public records and/or the need to
collect public records from numerous locations apart from the processing office.
Where not otherwise defined, the words and phrases contained in this policy
shall have the meaning given to them, if any, by the Act.
SECTION 2. RIGHT TO RECORDS
A person has the right to submit a written request for public record(s) from the
Village and its departments. The request must sufficiently describe the public
record to enable the FOIA Coordinator to identify the requested public record. A
person has the right to inspect a public record, unless exempted by law or court
order. Original public records are not to be released from the Village offices
where the public records are secured. A person may request that copies of a
public record be provided subject to the payment of fees outlined in Section 4.
Upon request, a person will be provided with a reasonable opportunity to examine
the public records provided by the public body. Persons with special needs
should contact the FOIA Coordinator, who is authorized to make such arrangements
as are reasonably necessary to accommodate those needs.
SECTION 3. RIGHTS AND OBLIGATIONS OF THE PUBLIC BODY
The FOIA Coordinator shall provide reasonable facilities and opportunities for
person(s) to inspect public records. To implement this Section, the FOIA
Coordinator may prepare and submit to the Village Council for its approval rules
to regulate the time and manner in which records are reviewed, to protect the
records and to prevent excessive interference with the public body's normal
operations.
The FOIA Coordinator shall provide a certified copy of a public record if a
person requests the same in writing.
Neither the public body nor the FOIA Coordinator are obligated to create a
record, list, compilation, or summary of information which does not already
exist. This exemption includes analyzing, compiling, or summarizing existing
information into a new format. All public records shall be retained per the
Village's approved retention schedule. Neither the public body nor the FOIA
Coordinator are obligated to provide answers to oral or written questions.
The FOIA Coordinator shall provide copies of any public records as provided for
in the Act and shall retain a copy of all written requests on file for a period
of not less than one (1) year. The FOIA Coordinator will follow the provisions
of Section 4 of this policy.
SECTION 4. PROVISIONS FOR COPYING PUBLIC RECORDS
The Village of Nashville shall adopt, by resolution, a schedule of fees for
providing copies of public records. All FOIA requests submitted pursuant to the
Act shall be subject to the fees and charges adopted by the Village Council.
Postage and handling shall also be charged as applicable and shall include the
exact postage, as well as the cost for envelopes or other containers used for
mailing copies of the public records requested.
The FOIA Coordinator may charge a fee for the labor involved with searching for,
examining, and reviewing a public record as permitted by the Act. In determining
whether to charge a fee for labor, the FOIA Coordinator shall consider the
anticipated cost to the Village, the need for a devoted staff member to
adequately respond to the particular request, and similar factors. Where
anticipated labor costs would exceed $10.00, such costs shall be charged to the
person requesting the public record. Where total fees and charges are reasonably
anticipated to exceed fifty dollars ($50.00), the public body is further
authorized to require that fifty percent of the estimated fees and charges be
paid in advance of the performance of the work as authorized by the Act. The
balance must be paid prior to the release of the public record copies. The FOIA
Coordinator shall not charge additional fees for certification of any copies.
Charges for labor costs shall be determined by using the wages of the lowest
paid, full-time public body employee capable of retrieving the records
requested.
The Village of Nashville has limited in-house capabilities for copying
photographs, audio or video tapes, microforms, maps or plans. If a person
requests that copies be made of these or large documents which must be copied
off-site, the FOIA Coordinator will determine and assess those costs. If an
employee of the public body is required to deliver and/or pick up the public
records and/or copies of public records, the labor hours spent and applicable
mileage (at Village rates) will also be applied to the charges to the person(s)
requesting the public records.
SECTION 5. PROCEDURES OF THE PUBLIC BODY IN PROCESSING A FOIA REQUEST
After a person has made a written request for a public record in accordance with
the Act, the FOIA Coordinator shall respond within five (5) business days in one
of four ways:
1) Grant the request.
If the request indicates that the person desires to inspect the public records,
the FOIA Coordinator will contact the person to arrange for inspection at a
reasonable time.
If the request indicates that the person wishes to have copies of a public
record prepared and/or mailed, the FOIA Coordinator may first mail a FOIA
worksheet to the person and request a fifty percent payment of the anticipated
charges and fees.
Upon receiving the person's executed FOIA worksheet, where required , along with
any payment due, the FOIA Coordinator will respond by providing those public
records.
2) Issue a written notice denying the request. The notice of denial shall
include:
A. an explanation as to why the requested public record is exempt from
disclosure in accordance with the Act, or
B. an explanation that the requested public record does not exist under the name
given by the person or another name reasonably known to the public body, or
C. an explanation or general description of information which had to be
separated or deleted from the public record pursuant to section 6 of this
policy.
In addition to the explanations noted above, the denial shall also include an
explanation of the person's right to appeal the denial to the Village Council
and/or seek judicial review in accordance with the Act.
3) Grant the request in part, and issue a written notice denying the request in
part. In the latter instance, the public records exempted from disclosure should
be treated as in (2) above.
4) Issue a written notice extending the time in which to respond to the request
by ten (10) business days.
Where a written request is received which does not sufficiently describe the
public records requested so as to enable the FOIA Coordinator to locate the
same, the FOIA Coordinator may send notice to the person requesting a
clarification of the request. Such notice, if sent, shall not be interpreted as
a denial of the request for purposes of the Act or this policy.
SECTION 6. PROCEDURES FOR SEPARATION OF RECORDS
If a request is made for an existing public record that includes information
which is exempt from disclosure under the Act and information which is not
exempt, the FOIA Coordinator must separate the material and make the non exempt
material available for examination and/or copying. Additionally, the FOIA
Coordinator is directed to generally describe the material which had to be
separated, unless doing so would reveal the contents of the exempt information
and thus defeat the purpose of the exemption. The labor cost associated with
such procedures shall be treated in accordance with Section 4.
SECTION 7. DESIGNATION OF FOIA COORDINATOR
The Village Clerk is hereby designated to be the Village's FOIA Coordinator. In
addition, the following officers shall be authorized to act as FOIA Coordinator
designees: the Deputy Village Clerk, the Director of Public Works, and the
Police Chief. The FOIA Coordinator and designees shall be responsible to accept
and process requests for public records and approve denials in accordance with
Section 5 (4) and (5) of the Act.
SECTION 8. APPEALS
In accordance with the Act, where a person's request for a public record is
denied, in whole or in part, the person shall be entitled to file a written
appeal of the decision in accordance with the following process:
1. The person shall be advised by the FOIA Coordinator of the right to file a
written appeal to the Village Council.
2. Where a written appeal is received by the Village in accordance with the Act,
the Village Council shall either: (a) place the appeal on the agenda for the
next regularly scheduled meeting where unusual circumstances are found to exist;
or (b) consider and decide the appeal at the meeting at which it was received;
or (c) direct that a special meeting to consider the appeal be scheduled. In its
consideration of any appeal, the Village Council shall review the materials
submitted by the appellant and any written comments or reports received from the
FOIA Coordinator. The Village Council may also review such additional
information as it deems necessary in order to make its determination; provided,
however, that if the information's disclosure would likely result in prejudice
to the Village (e.g., compromising an ongoing investigation), then the
information shall first be reviewed by the FOIA Coordinator and summarized
before dissemination to the Village Council. It shall be the duty of the FIOA
Coordinator to review all information, records, etc., prior to release to the
Village Council.
3. The Village Council may deliberate and take one of the following actions in
response to the filing of an appeal:
a) Reverse the disclosure denial.
b) Issue a written notice to the requesting person affirming the disclosure
denial.
c) Reverse the disclosure denial in part and issue a written notice to the
requesting person affirming the denial part.
SCHEDULE OF FEES FOR FOIA REQUEST
(revised 1-05)
COPIES (no research involved)
Letters, documents, etc.
$.25 per copy
CD, 3 ˝ Disk, etc.
$1.00 per disk
Video tape (council meetings)
$5.00 per tape
COPIES (with research)
Letters, documents, etc.
$.25 per copy
CD, 3 ˝ Disk, etc.
$1.00 per disk
Video tape (council meetings)
$5.00 per tape
Plus current clerks wages per hour of research (Currently at 15.39 per hour)
PLUS ANY POSTAGE – ENVELOPES USED
Current postage rate
$.25 per regular 4x9 envelopes
$1.00 per larger envelope
Current charge for disk mailer
COST OF ANY OUTSIDE COPING (copies that cannot be done in the office) will be
charged in full to the person requesting such copies.
WE WILL NOT DELIVER REQUEST – request can be picked up during regular office
hours or will be mailed after fees for request are paid in full.
If the total cost of a request is estimated to be over $50, a deposit is
required of half the estimated amount before the request is started.
RULES FOR FOIA REQUEST
Requests can be made and picked up weekdays between 9:00 am and 12:00 pm and
1:00 pm and 5:00 pm. (subject to holidays and vacation time)
Requests will be answered within 5 workdays or an extension will be asked for.
If the request is to be mailed, a bill will be sent along with notice that the
request is ready and must be paid in full before the request is mailed out.
Public records may be reviewed in the Village office during the same hours as
listed above.
Reviews will be by one person only and may last up to four hours at a time.
INTERNAL COMMUNICATION POLICY
The President of the Village of Nashville and the Nashville Village Council are
the governing body of the municipality. There is a high probability that members
of the governing body will be out of the area during normal business hours
When an incident or occurrence takes place having possible legal implications
involving village property, vehicles, the well being of employed personnel, or
poses a health and/or safety risk to village citizens or village operations, at
a minimum the Village President and President Pro tempore will be made aware of
the situation by the Chief of Police, Superintendent of Public Works, or Village
Clerk. If the Village President or President Pro tempore feels it is necessary,
they will distribute a copy of the report to all council members. The department
head will also include any incident in their regular monthly report to the
Village Council.
COMPLAINT POLICY
Periodically a complaint is received against a village employee, violation of a
Village Ordinance, or a situation that requires a formal investigation. It is
the responsibility of the Village President to insure that all complaints are
handled in a timely manner. This policy establishes and outlines the procedure
for use upon the receipt of a complaint.
Complainant
1. A person can make an anonymous complaint alleging a violation of a Village
Ordinance or situation that needs attention. The Council or Ordinance
Enforcement Officer need not, however prosecute an alleged violation if it is
determined that it cannot get cooperation from witnesses. If the person
submitted a letter of complaint, the letter would be subject to disclosure under
the FOIA after the investigation was completed.
2. Complaints against a village employee or officer can not remain anonymous. A
complainant must sign the complaint form and provide details of the incident. If
the person submitted a letter of complaint, the letter would be subject to
disclosure under the FOIA after the investigation was completed.
General Complaint
A Village of Nashville Complaint Form available at the Village Hall is filled
out with the specifics of the complaint to be investigated. The form is then
forwarded to the specific department head and a copy given to the Village
President.
The department head will investigate the complaint, take corrective action, and
notify the person who made the complaint as to the outcome.
The Village President will review the complaint and resolution before signing
the form. All complaint forms will be filed in the Village Office.
Complaint against a Village Employee/Officer
Upon receipt of a complaint against a Village Employee or officer, the Village
shall investigate and determine the course of action, if any to be taken. The
procedure is typically followed:
1. Secure a written statement from the person making the complaint regarding the
events. Once this is received, if the person making the investigation feels it
is necessary, contact the person to clarify any necessary details that are not
contained in the written statement.
2. Contact the person who is the subject of the complaint to obtain further
information. At that time the person should be advised of the allegations.
3. Information obtained as part of the investigation shall be made available to
the relevant committee, or lacking a committee designated to review the
complaint, directly to the Village Council.
a. If referred to a committee, the committee will make a recommendation to the
Village Council regarding disciplinary action, if any. If disciplinary action is
recommended by the committee, the employee may request in writing a hearing
before the Village Council. At a hearing before the Council, the employee has
the option to have the meeting open or closed, but the Council’s final action
would have to be taken in open session in accordance with state law.
b. If complaint is to be heard before the Village Council without a committee
recommendation, the employee has the option to have the meeting open or closed,
but the Council’s final action would have to be taken in open session in
accordance with state law.
c. An employee may request that a meeting by Council or Committee be closed
(pursuant to Michigan Open Meetings Act Section 8a) by submitting a written
request to the Council or Committee, prior to or at the time of the meeting.
4. Upon completion of the Council’s determination, the person making the
complaint will be provided with a short summary of the action taken, if any.
5. The complaint documents will become part of the employees personnel file, and
are subject to disclosure under FOIA, to the extent provided by state law.
6. The employee may have a statement of up to five pages attached to any
disciplinary action in order to present further information.
RESOLUTION IMPLEMENTING VILLAGE OF NASHVILLE
TELECOMMUNICATIONS ORDINANCE
WHEREAS, the State of Michigan recently enacted the Metropolitan Extension
Telecommunications Rights-of-Way Oversight Act, Act No. 48 of the Public Acts of
2002 (the “Act”); and
WHEREAS, the Act, among other things, provides for uniform permit and permit fee
for access to and use of the public rights-of-way by telecommunications
providers; and
WHEREAS, the Act further provides for a distribution of funds from the
Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority (the
“Authority”), established pursuant to Section 3 of the Act, provided the Village
takes certain action in compliance with the Act; and
WHEREAS, the Village has previously adopted Ordinance No. 3-13-03 (the
“Ordinance”) for purposes of complying with the requirements of the Act, so as
to ensure that the Village qualifies for distributions from the Authority under
the Act; and
WHEREAS, the Village desires to provide instruction and direction to the Village
administrators charged with implementing the Ordinance;
NOW, THEREFORE, it is resolved that:
1. The Village will comply with the Act, regarding any telecommunications
providers seeking permission to use the Village’s public rights-of-way.
2. The Village Clerk is authorized and directed to identify all
telecommunications providers holding right-of-way permits or authorizations
issued by the Village and, as part of that process, to compile a list of
telecommunications providers who have paid fees to the Village since 1990 and
telecommunications providers identified in the Village’s engineering or
construction permit files.
3. The Village Clerk is authorized and directed, independently or in conjunction
with other municipalities, to provide a copy of the Ordinance to cable companies
providing service in the Village, and to telecommunications providers using the
public rights-of-way, in satisfaction of the requirements of Section 13(4) of
the Act.
4. The Village President, Treasurer, Clerk, and all other personnel of the
Village are hereby directed to return, to telecommunications providers or others
affected by the Act, any checks or portion of checks received by the Village
from such providers for access and use of the public rights-of-way in the
Village after November 1, 2002 (other than the $500 application fee allowed
under the Act, other fees authorized by the Act and any fees or funds received
from the Authority).
5. The Village will comply with the limitation of the Act regarding the payment
of franchise fees on cable modem service by cable television operators reserving
any rights it may have to fees due for the period ending October 31, 2002.
6. From and after November 1, 2002, the Act shall control the establishment and
payment of annual rights-of-way maintenance fees for the use of the public
rights-of-way relative to permits issued by the Village prior to October 31,
2002. Permittees shall pay all such fees required by Section 8 of such Act in
lieu of any such fees otherwise payable under a permit issued by the Village
prior to October 31, 2002.
In the event that the rights-of-way maintenance fee provisions of the Act are
held to be unconstitutional, or are for any other reason prohibited from taking
or continuing in effect, then the fees applicable to permits issued prior to
October 31, 2002 shall continue in effect for such permits.
7. Telecommunications providers and others applying for a permit pursuant to the
Ordinance shall, after the effective date of the Act, use only those application
forms approved by the Michigan Public Service Commission (“MPSC”). Copies of
such applications shall be maintained in the office of the Village Clerk. In
processing such applications Village personnel shall comply with the following:
a. No permit application shall be deemed complete unless filed in triplicate
with one copy being supplied to each of the following: the Village Clerk, the
Village President, and the Village Attorney.
b. Except as otherwise provided by the Act, all applications shall be
accompanied by a one-time nonrefundable application fee made payable to the
Village in the amount of $500.
c. Permit applications shall contain all information required by the Ordinance.
d. The Village Clerk shall approve or deny a permit application within 45 days
from the date a telecommunications provider files a completed application in
accordance with the Ordinance.
e. The Village Clerk shall provide written notice to the MPSC when he or she
grants or denies a permit, including the date the completed application was
filed and the date of final action by the Village.
f. When issuing permits the Village shall, as a condition of approval, require
that the applicant post a performance bond in an amount sufficient to ensure
that the public rights-of-way are restored to their original condition during
and after the telecommunications provider’s use of the same.
g. Not more than 90 days after substantial completion of a telecommunications
provider’s project in the public rights-of-way, the provider shall supply to the
Village route maps in accordance with the Ordinance.
8. All funds received in accordance with the Act shall be used solely for
rights-of-way related purposes. The Village Clerk shall maintain records that
satisfactorily identify that amounts received under the Act and how those funds
were spent.
9. Annually, on such forms as are prescribed by the State of Michigan, the
Village may file a report with the State regarding the use and disposition of
funds received under the Act.
10. All resolutions or parts of resolutions in conflict herewith are, to the
extent of such conflict, hereby repealed.
TELECOMMUNICATION ACT APPLICATION/TRACKING/REPORTING PROCESS
Application must meet MPSC requirements and contain all information required by
the Ordinance No 3-13-03
The following are required to file an application under this Act:
(a) A cable television operator that provides a telecommunications service.
(b) Except as otherwise provided by the Act, a person who owns telecommunication
facilities located within a public right-of-way.
(c) A person providing broadband internet transport access service.
1. File one copy each to: the Village Clerk, the Village President, and the
Village Attorney.
2. Collect a one-time nonrefundable application fee of $500.
3. Village Clerk shall approve or deny a permit application within 45 days from
the date a completed application is filed.
4. Village Clerk shall provide written notice to the MPSC when a permit is
granted or denied, including the date the completed application was filed and
the date of final action by the Village.
MPSC Address:
Forms at
Michigan Public Service Commission
PO Box 30221 phone – 517-241-6180 broadband
Lansing, MI 48809 fax – 517-241-6181
Metro act information –
www.Michigan.gov/metro
5. Upon gaining approval for a permit, the applicant must post a performance
bond in an amount sufficient to ensure that the public rights-of-way are
restored to their original condition during and after the telecommunications
provider’s use of the same.
6. Within 90 days after substantial completion of a telecommunications
provider’s project in the public rights-of-way, the provider shall supply to the
Village route maps.
7. All funds received from the Metropolitan Extension Telecommunications
Rights-of-Way Oversight Authority or application fees will be deposited into
Major St/Local St. equally in the line item set up for this purpose. These funds
can be used for rights-of-way projects only where telecommunication provider has
a right-of-way as listed below.
Brush removal / tree trimming or removal / replacement of gravel or paving of
alleyways
8. An annual report is to be filed with the State of Michigan on their form.
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 POLICY
I. INTRODUCTION
PURPOSE: The purpose of Title VI of the Civil Rights Act of 1964 is to prohibit
programs which receive federal funds from discriminating against participants or
clients on the basis of race, color or national origin. The intent of the law is
to ensure that all persons, regardless of their race, color or national origin,
are allowed to participate in these federally funded programs.
To insure that the Village of Nashville meets its compliance responsibility, the
following procedures have been established by Resolution of the Village Council
to provide for the monitoring of Title VI compliance activities and complaint
processing in all Village operations and programs which receive federal funding
either in whole or in part.
II. TITLE VI POLICY AND PROCEDURES
A. POLICY: The Village of Nashville reaffirms its policy to afford all
individuals the opportunity to participate in federal financially assisted
services and adopts the following provision:
No person in the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal
financial assistance.
In applying this policy, the Village of Nashville will not engage in activities
that constitute illegal discrimination against persons on the basis of their
race, color or national origin in violation of Title VI. Only to the extent that
any of the following activities constitute such illegal discrimination, the
Village will not:
1. Deny any individual with any services, opportunity, or other benefit for
which such individual is otherwise qualified;
2. Provide any individual with any service, or other benefit, which is inferior
(in quantity or quality) to, or which is provided in a different manner from
that which is provided to others;
3. Subject any individual to segregated or disparate treatment related to such
individual’s receipt of services or benefits;
4. Restrict an individual from the enjoyment of services, facilities or any
other advantage, privilege or benefit provided to others;
5. Adopt or use methods of administration, which would limit participation by
any group of recipients or subject any individual to discrimination;
6. Address any individual in a manner that denotes inferiority because of race,
color, or national origin;
7. Deny any segment of the population the opportunity to participate in the
operations of a planning or advisory body that is an integral part of a
federally funded program;
8. Fail to provide service or information in a language other than English when
significant numbers of potential or actual beneficiaries are of limited English
speaking ability;
9. Subject an individual to discriminatory employment practices under any
federally funded program whose object is to provide employment;
10. Locate a facility in any way, which would limit or impede access to a
federally-funded service or benefit.
B. PROCEDURES: The responsibility for complying with the provisions of Title VI
of the Civil Rights Act of 1964 is vested in the Village Council, which is
accountable for the administration of the Village of Nashville and its
departments. However, the Village President (Coordinator) has the responsibility
of ensuring that all departments comply with the Plan.
The Coordinator will:
Collect, analyze and report the statistical data (race, color and national
origin) of participants in and beneficiaries of federal financially-assisted
services provided through the Village; The analysis will be used to:
determine how effectively programs are reaching eligible groups;
assist in the selection of locations for compliance reviews;
identify areas for additional outreach efforts; and
provide status reports to measure progress of program delivery.
Prepare a Title VI Self-Survey; and
Prepare an annual compliance report based upon the Village’s compliance
efforts.
C. PUBLIC AWARENESS AND NOTIFICATIONS: Pamphlets and posters designed to inform
Village employees, clients and prospective clients of their obligations and
rights under Title VI and of the availability of services will be distributed
periodically as deemed necessary and as funding is available.
D. ORIENTATION: Village employees will also receive some orientation regarding
the obligations and rights involved in the Title VI program. Training programs
for all employees will be conducted as may be appropriate.
E. COMPLIANCE IN PROCUREMENT PROCEDURES: The Village will require an assurance
of compliance with Title VI of the Civil Rights Act of 1964 from sub-recipients
and contractors upon entering into any contract which involves federally funded
programs. All formal Title VI complaints against the village will be referred to
MDOT.
F. COMPLAINT PROCEDURES: A complaint alleging discrimination against the Village
of Nashville may be filed with the Village Clerk
1. The Village Clerk has the primary responsibility for receiving,
acknowledging, and investigating complaints and for reporting the findings to
the Village Council. Complaints must be filed in writing and immediately sent to
the Village Clerk. The form can be filled out by the complainant or by his/her
representative. Departmental Coordinators shall receive a copy of any complaints
filed.
2. Unless a complaint is being filed externally, all complaints should first be
filed with the Village Clerk. The Village Clerk’s investigative efforts
regarding any complaints will be conducted in cooperation with the department
head whose department is the subject of the complaint. The Village Clerk, in
cooperation with the respective department head and in consultation the Village
Attorney, has broad latitude to review a complaint and make a finding.
Procedures can include, but are not limited to, discussing the complaint with
the complainant, the alleged offender, and the initial reviewer, to determine
the facts. The Village Clerk will conduct and complete such fact-finding within
a thirty (30) day time frame. The Village Clerk and the complainant may mutually
agree, in writing, to allow for additional time to determine the facts. Once the
investigation is completed, the Village Clerk will prepare a written report of
findings. If the report concludes that there was a violation of Title VI, the
department head’s and/or sub-recipient’s proposed corrective action shall be
included in the report.
3. The Village Clerk will maintain a Title VI complaint log to show identifying
information, type, and status of each complaint filed. When any investigation is
concluded, the Village Clerk will keep a copy of the report on permanent file.
Within five (5) consecutive work days after the completion of this report, the
written findings will be communicated to the complainant. The complainant may
choose to appeal the charges externally, if she/he has not done so already.
4. To allow time to file sequentially with the Village and then externally with
an appropriate outside agency or court, as the complainant chooses, the
complaint within the Village system shall be filed no later than thirty (30)
calendar days after the alleged discrimination occurred.
5. If a complaint is filed within the Village, and it is filed externally during
the same time, the external complaint supersedes the internal complaint filing;
accordingly the Village’s complaint procedures will be suspended pending outcome
of the external complaint.
RECORDS MANAGEMENT POLICY
Minutes of a Regular Meeting of the Village Council of the Village of Nashville,
County of Barry, State of Michigan, held in the Village Hall in said Village on
February 24, 2005 at 7:00 p.m. prevailing Eastern Time.
PRESENT: Council Members: Bracy, Kenyon, Coll, Seaton, Dunham
ABSENT: Council Members: Coll, one open seat
The following preamble and Resolution were offered by Council Member Bracy and
seconded by Council Member Kenyon.
WHEREAS, 1913 PA 271, Section 5(2), as amended, that being MCL 399.5(2),
provides “a record that is required to be kept by a public officer in the
discharge of duties imposed by law, that is required to be filed in a public
place, or that is a memorial of a transaction of a public officer made in the
discharge of a duty is the property of this state and shall not be disposed of,
mutilated, or destroyed except as provided by law”
WHEREAS, The Michigan Municipal League, the State Administrative Board, the
Michigan Historical Center and the Michigan Treasury Department, Local Audit and
Finance Division, have approved a records retention and disposal schedule to be
used by Michigan’s City and Village offices for the disposition of their usual
records, a copy of which is attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED That the Village Council of the Village of
Nashville adopts by reference the General Records Retention and Disposal
Schedule #8 in its entirety.
RECORDS MANAGEMENT POLICY
GENERAL SCHEDULE #1
Non-Record Material Defined
The following specific types of materials are designated as “non-record” and may
be disposed of at the convenience of the local public official having
jurisdiction over it without complying with the disposal procedures required
under Section 399.5 MCL (1948), as amended by Public act 68 (1959):
1. Extra copies of correspondence and other documents preserved only for
convenience of reference:
a. “Reading file,” “Tickler file,” “Suspense file,” “Follow up file,” etc.
b. Identical copies of all documents maintained in the same office.
c. Outdated copies of printed or processed materials of which official copies
have been retained for record purposes.
2. All blank forms, books, etc., which are outdated.
3. Materials neither made nor received in pursuance of statutory requirements
nor in connection with the functional responsibilities of the office:
a. Privately purchased material kept at the office for convenience.
b. Correspondence of a personal nature kept at the office for convenience.
c. Notices of employee meetings, community affairs, etc.
4. Preliminary drafts of letters, reports, and memoranda which do not represent
significant basic steps in preparation of record documents.
5. Shorthand notes and mechanical recordings which have been transcribed.
6. Routing and other inter-departmental forms which do not add any significant
material to the activity concerned.
7. Stocks of publications and processed documents preserved for supply proposed
only.
Note: All other materials either created or received in pursuance of statutory
requirements or in connection with the transaction of public business belong to
the office concerned and are government property and not the personal property
of the officer or employees concerned.
Therefore, any material not included in the above definition cannot be
destroyed, given or taken away, or sold without complying with all statutory
requirements specifically
relating to the record and/or with the provisions of Section 399.5 MCL (1948),
as amended by Public Act 69 (1959).
WATER – SEWER BILLING NAME CHANGE POLICY
This policies purpose is to set the requirements for changing an owners name on
the water - sewer billing of the Village of Nashville. The village’s intent is
to prevent any mistakes or unauthorized transfers of billings to persons not
responsible for a property.
When an owner sells or buys a property located in the Village of Nashville that
is served by water and/or sewer a name change to this billing is required. The
Village requires that all of the following requirements must take place before
this change will be made.
1. The current owner must notify the village office, IN WRITING, when they will
no longer be responsible for the water-sewer bill for the property. (A form is
available in the office for this purpose)
2. The current owner must provide the name, phone number and/or address of the
new owner or have the new owner contact the village office in person before the
change can be made.
3. The new owner must provide identification, mailing address, and agree with
the date of change that was provided by the previous owner.
4. The total current and past due bill must be paid in full by the current owner
before a change of owners can be completed. This will include all usage up to
the date of sale, any base rates due for the current months bill and any past
due amount. (The break-down of payment responsibilities for water-sewer bills
for properties that have been sold is as follows)
a. Whoever owns the property on the fifteenth (15th) of the month is responsible
for the base rates due for that month.
b. The current owner is responsible for all metered water usage up to the date
of sale.
CIVIL INFRACTION WARNING LETTER POLICY
The procedure for writing a warning letter for a civil infraction violation, by
the Police Department, the Village Clerk, and the Zoning Administrator of the
Village, shall be as follows:
At the discretion of the Police Department, the Village Clerk, or the Zoning
Administrator, a warning letter can be written for any violation of an ordinance
with a civil infraction penalty. This is not to say that all violations will
receive a warning letter. A warning is only given if warranted and at the
discretion of the official in charge of writing the civil infraction ticket.
A warning letter will:
• be placed on village letterhead in an appropriate manner (business letter
type)
• include the date, violators name and address, address where violation took
place, and ordinance violation (specific ordinance)
• have a time span of fifteen (15) days to remove/correct the violation (unless
otherwise stated in the Ordinance) before a civil infraction ticket will be
issued
• signed by the official administrating the warning
All warning letters sent will be kept on file at either the police station
(police department tickets) or the Village Clerks office (Clerk or Zoning
Administrator tickets) for future reference.
MOTOR VEHICLE ACCIDENTS INVOLVING DEPARTMENTAL EMPLOYEES
Reporting
A. When to report – when an employee of the Nashville Police Department, while
in the performance of his/her duties, is involved in a motor vehicle accident.
B. How to report – use the official Michigan Traffic Accident (UD-10)
1. The original and two copies of the “Official Michigan Traffic Accident
Report: (UD-10), shall be completed for all accidents involving departmental
vehicles.
a. Is shall be the responsibility of the supervisor to prepare and submit this
report.
b. Under no circumstances shall the driver/operator prepare his/her own report.
c. If any type of action is to be taken against the other driver, the supervisor
at the scene will determine what violation(s) has been committee and take
appropriate enforcement action. Under no circumstances shall the employee
driving take the enforcement action.
2. If another department is investigating the accident, a copy of their accident
report shall be obtained by this department.
3. If possible, driver and witness statements shall be completed.
4. Photographs shall be required of all damaged vehicles and property.
If the accident is minor, photo may be taken at a later time.
5. When any Village owned vehicle is involved in an accident the Chief of Police
shall be notified.
6. When any Village owned vehicle is involved in an accident the Motor Vehicle
Accident Review Board of the Village shall be notified.
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VILLAGE
OF NASHVILLE, MICHIGAN
