MML Review Magazine Winter 2025

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RULES OF PROCEDURE

Topics below are from frequent areas of concern within municipal council rules. Refer to your city or village charter and ordinances to clarify what is either required or allowed for your municipality’s council rules.

Special meeting: purpose

Special meeting: calling

Public participation: speak time

Public participation: agenda

Minutes: recording discussion

Agenda: adding items

Public participation

Quorum

Home Rule Cities

OMA (MCL 15.263)

local

local (charter)

local

Fourth Class Cities

OMA (MCL 15.263)

local

Home Rule Villages

OMA (MCL 15.263)

local

local (charter)

local

president or 3 trustees (MCL 65.5)

4 of 7 trustees; 3 of 5 trustees (MCL 65.5)

General Law Villages

OMA (MCL 15.263)

local

Special Meetings Special meetings are handled two ways: • The purpose of the special meeting is posted in the notice of the meeting; or • The purpose of the meeting is not posted. The method of calling the special meeting is also a local prerogative: • mayor/president and three councilmembers; • upon the written request of the mayor; • upon the written request of the manager; • any two councilmembers; or • by a majority vote of the council. In accordance with the Open Meetings Act (OMA), a special meeting notice must be posted in a prominent and conspicuous place—both at city/village hall and on the municipality’s website if it maintains one, 18 hours prior to the meeting, and shall contain the date, time, and place of the special meeting. Note: The OMA does not require the purpose to be listed on the notice of a special meeting. A provision requiring this is enacted at the discretion of the public body (e.g., in the charter or in the council rules of procedure).

Quorum In most municipalities, four councilmembers shall constitute a quorum for the transaction of business at all meetings. In general law villages, it is four trustees not a majority of those present. If the council has been reduced by ordinance to five members, then three trustees are a quorum. Note: This number will be set by the charter in home rule cities and home rule villages, and by the General Law Village Act in general law villages. Agenda Items Items can be placed on the agenda by different methods, according to the municipality’s desires—by the mayor/ president and clerk; the manager and clerk; or possibly three councilmembers. The agenda may be changed at the regular meeting by a majority vote. Consent Agenda The consent agenda is a tool to allow non-controversial items to be placed under one agenda item that can be approved with one motion and second. Some municipalities allow citizens to request consent agenda items to be moved off the consent agenda, whereas others only allow this by either one councilmember or a vote of the council.

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| Winter 2025

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