City Council
Regular MeetingManistee, MI · November 12, 2013
Minutes
PROCEEDINGS OF THE MANISTEE CITY COUNCIL – November 12, 2013
ORGANIZATIONAL MEETING
The Organizational Meeting of the Manistee City Council was called to order by Deputy City Clerk Mary
Bachman on Tuesday, November 12, 2013 at 7:30 p.m. in the City Hall Council Chambers, 70 Maple
Street, followed by the Pledge of Allegiance.
ORGANIZATIONAL MEETING OF THE CITY COUNCIL.
In accordance with Section 2‐13 of the Charter of the City of Manistee, "the City Council shall meet at
7:30 p.m. on the Tuesday night following the completion of the official canvas at which time the
members shall be sworn and assume the duties of their office...."
At the regular election of Tuesday, November 5, 2013 three Councilmembers were elected to seats on
the Manistee City Council. Members include:
DISTRICT COUNCILMEMBER TERM
Second District Edward Cote Two Years
Fourth District Robert Chip Goodspeed Two Years
Sixth District Mark Wittlieff Two Years
Bachman then administered the oath of office to Edward Cote, Robert Goodspeed, and Mark Wittlieff
as members of the Manistee City Council.
PRESENT: Colleen Kenny, Edward Cote, Robert Hornkohl, Robert Goodspeed, Catherine Zaring,
Mark Wittlieff, and Eric Gustad.
ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, and Deputy City Clerk –
Mary Bachman.
ELECTION OF THE MAYOR FOR THE CITY OF MANISTEE.
At the Organizational Meeting of the City Council held on this date the Council elects from its
membership a Mayor and a Mayor Pro‐Tem. The Mayor and Mayor Pro‐Tem are elected for a one year
term. Under Section 2‐4 of the Charter "the Council shall elect a Mayor by a majority vote of its
members." This provision of the Charter requires four affirmative votes to elect the Mayor, a majority
of the Council, regardless attendance at the Organizational Meeting.
Sections 2‐4 and 2‐13 of the Charter require that the Mayor be elected at the Organizational Meeting.
The voting procedures should continue until a candidate receives four affirmative votes.
Bachman asked for nominations to elect a Mayor for the City of Manistee.
Cote nominated Kenny.
No other nominations received.
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PROCEEDINGS OF THE MANISTEE CITY COUNCIL – November 12, 2013
ORGANIZATIONAL MEETING
A roll call was taken as follows:
Kenny: Kenny, Cote, Hornkohl, Goodspeed, Zaring, Wittlieff, Gustad
(7 votes)
Councilmember Kenny was elected Mayor. Mayor Kenny assumed the Chair at this time.
ELECTION OF A MAYOR PRO‐TEM FOR THE CITY OF MANISTEE.
The same provisions identified in the Charter for the Mayor apply for the Mayor Pro‐Tem. The Mayor
Pro‐Tem serves as the Mayor in the Mayor's absence.
Mayor Kenny opened the floor for nominations to elect a Mayor Pro‐Tem for the City of Manistee.
Hornkohl nominated Zaring.
No other nominations received.
A roll call was taken as follows:
Zaring: Kenny, Cote, Hornkohl, Goodspeed, Zaring, Wittlieff, Gustad
(7 votes)
Councilmember Zaring was elected Mayor Pro‐Tem.
REVIEW OF CITY COUNCIL GUIDELINES.
Under the adopted City Council Guidelines, the Guidelines are reviewed at the Organizational Meeting
of the City Council. While the Guidelines may be amended at any time during the year, the
Organizational Meeting is the traditional opportunity to review the operating procedures of the
Council. Discussion followed.
No action taken.
CONSIDERATION OF ESTABLISHING REGULAR MEETINGS FOR 2014.
In accordance with Section 2‐13 of the Charter, the City Council “shall meet in public session at least
twice each month at such times as may be prescribed by the rules....” The City Council Guidelines
reviewed during the previous agenda item indicate that regular meetings shall be held on the first and
third Tuesdays of each month beginning at 7 p.m. with work sessions conducted on the second
Tuesday of each month beginning at 7 p.m. This results in the attached schedule for regular meetings
and work sessions throughout the year 2014, with exceptions made for election dates, Michigan
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PROCEEDINGS OF THE MANISTEE CITY COUNCIL – November 12, 2013
ORGANIZATIONAL MEETING
Municipal League conferences and holidays.
MOTION by Hornkohl, second by Cote to adopt the schedule for regular meetings and work sessions
for the year 2014.
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, Wittlieff, and Gustad
NAYS: None
ADJOURN.
MOTION to adjourn was made by Goodspeed, second by Cote. Meeting adjourned at 7:45 p.m.
Mary Bachman MMC
Deputy City Clerk / Payroll & Benefits
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Agenda
MANISTEE CITY COUNCIL
ORGANIZATIONAL MEETING AGENDA
TUESDAY, NOVEMBER 12, 2013 – 7:30 P.M. – COUNCIL CHAMBERS
I. Call to Order.
Acting Chair - Deputy Clerk Mary Bachman.
a.) PLEDGE OF ALLEGIANCE.
b.) ORGANIZATIONAL MEETING OF THE CITY COUNCIL.
In accordance with Section 2-13 of the Charter of the City of Manistee, "the City
Council shall meet at 7:30 p.m. on the Tuesday night following the completion of
the official canvas at which time the members shall be sworn and assume the
duties of their office...."
At the regular election of Tuesday, November 5, 2013 three Councilmembers were
elected to seats on the Manistee City Council. Members include:
DISTRICT COUNCILMEMBER TERM
Second District Edward Cote Two Years
Fourth District Robert Chip Goodspeed Two Years
Sixth District Mark Wittlieff Two Years
At this time the City Clerk could take action to swear in Edward Cote, Robert
Goodspeed, and Mark Wittlieff as members of the Manistee City Council.
c.) ROLL CALL.
d.) ELECTION OF THE MAYOR FOR THE CITY OF MANISTEE.
At the Organizational Meeting of the City Council held on this date the Council
elects from its membership a Mayor and a Mayor Pro-Tem. The Mayor and
Mayor Pro-Tem are elected for a one year term. Under Section 2-4 of the Charter
"the Council shall elect a Mayor by a majority vote of its members." This
provision of the Charter requires four affirmative votes to elect the Mayor, a
majority of the Council, regardless attendance at the Organizational Meeting.
Sections 2-4 and 2-13 of the Charter require that the Mayor be elected at the
Organizational Meeting. The voting procedures should continue until a candidate
receives four affirmative votes.
Council Organizational Meeting – November 12, 2013 Page 1
At this time Council could take action to nominate and elect a Mayor for the City
of Manistee. The Mayor will assume the Chair at this time.
e.) ELECTION OF A MAYOR PRO-TEM FOR THE CITY OF MANISTEE.
The same provisions identified in the Charter for the Mayor apply for the Mayor
Pro-Tem. The Mayor Pro-Tem serves as the Mayor in the Mayor's absence.
At this time Council could take action to nominate and elect a Mayor Pro-Tem for
the City of Manistee.
f.) REVIEW OF CITY COUNCIL GUIDELINES.
Under the adopted City Council Guidelines, the Guidelines are reviewed at the
Organizational Meeting of the City Council. While the Guidelines may be
amended at any time during the year, the Organizational Meeting is the traditional
opportunity to review the operating procedures of the Council.
At this time Council could take action to review and/or modify the City Council
Guidelines.
g.) CONSIDERATION OF ESTABLISHING REGULAR MEETINGS FOR 2014.
In accordance with Section 2-13 of the Charter, the City Council “shall meet in
public session at least twice each month at such times as may be prescribed by the
rules....” The City Council Guidelines reviewed during the previous agenda item
indicate that regular meetings shall be held on the first and third Tuesdays of each
month beginning at 7 p.m. with work sessions conducted on the second Tuesday
of each month beginning at 7 p.m. This results in the attached schedule for regular
meetings and work sessions throughout the year 2014, with exceptions made for
election dates, Michigan Municipal League conferences and holidays.
At this time Council could take action to adopt the attached schedule for regular
meetings and work sessions for the year 2014.
XI. Adjourn.
MDD:cl
ATTACHMENTS:
City Council Guidelines
2014 Meeting Schedule
Council Organizational Meeting – November 12, 2013 Page 2
CITY COUNCIL GUIDELINES POLICY
Adopted: March 16, 1993 (Amendments listed at end of document)
COUNCIL MEETINGS
1. Regular Council Meetings. The City Council shall meet in regular session on the first and third
Tuesdays of each month beginning at 7:00 p.m. When Tuesday is a holiday or election day, the
regular meeting shall be held on the following Wednesday at the same hour unless otherwise
provided by motion. Regular meetings may be otherwise rescheduled with the approval of a
majority of the Council. The place of the meetings shall be the Council Chambers at City Hall,
unless otherwise provided by motion. See Charter Section 2-13.
2. Quorum. Four Councilmembers shall constitute a quorum to conduct municipal business. A
majority of the quorum may take action on behalf of the City; except as provided by Charter. A
majority vote of the membership of the Council (four votes) is specifically required for the
appointment of the Mayor, Mayor Pro-Tem and members of the Council (to fill a vacancy): as
well as to adopt ordinances. Five affirmative votes are required by Charter to approve budgetary
bonds. Other provisions of the Charter also apply. See Charter Section 2-13.
3. Council Meeting Agenda. The City Manager shall prepare agendas for City Council meetings
which shall be made available and mailed to the City Council on the Friday preceding the Council
meeting. If the Friday is a holiday, the agenda shall be transmitted to the City Council on the last
regular work day of the week preceding the Council meeting. If a federal holiday affecting Post
Office deliveries occurs between the time the agenda would be mailed and the date of the
Council meeting, the Council packet shall be personally delivered by the Police Department. All
items which members of the public or the Council desire to have on a Council agenda must be
received by the City Manager not later than two full business days prior to the time that the
agenda is transmitted to the City Council. Except for holidays, the deadline for submission of
agenda items to the City Manager is 5:00 p.m. on the Tuesday preceding the Council meeting.
a. Agenda Addendum. Late items submitted for Council consideration shall be added to the
agenda only on an affirmative vote of a majority of the Council present at the meeting.
The Council shall not act on items submitted late or items raised at the Council meeting
without first amending the agenda to add the item for consideration.
4. Special Meetings. Special meetings may be called by the Mayor, City Manager, or any two
Councilmembers on reasonable notice. The reasonable notice requirement shall be met if notice
of the meeting is mailed first class to the residence of each member of the Council at least 36
hours prior to the date and time of the meeting; or if notice is personally delivered to the
residence of each member of the Council at least 18 hours prior to the meeting. City officials and
representatives of the local media shall be likewise informed and the notice shall be publicly
posted at City Hall.
An emergency session may be held without the written notice or noted time constraints if the
public health, safety or welfare is severely threatened but only if a minimum of four
Councilmembers are present and as the first order of business a minimum of four affirmative
votes are recorded to conduct the emergency meeting. Only those matters relating to the subject
of the emergency may be considered. See Charter Section 2-13 and the Open Meetings Act.
City of Manistee 1 City Council Policy CP-10
5. Adjourned Sessions. Any session of the City Council may be continued or adjourned from day
to day or for more than one day; but any meeting which is adjourned for more than 36 hours can
only be reconvened if re-noticed in accordance with the provisions relating to a special meeting.
See the Open Meetings Act.
6. Work Sessions. The Council shall regularly meet in work sessions on the second Tuesday of
each month at 7:00 p.m. in the Council Chambers, City Hall. Work sessions may be canceled by
the Mayor or City Council, as they shall deem appropriate. The Mayor or the City Manager may,
following reasonable notice, call the Council together for a work session at any other time. Work
sessions shall be devoted exclusively to the exchange of information relating to municipal affairs.
Rules of decorum and order and these City Council Guidelines apply to work sessions as well as
regular meetings. However, no votes shall be taken on any matters under discussion nor shall
any Councilmember enter into a formal commitment with another member regarding a vote to be
taken subsequently at a public meeting of the Council; provided however that nothing herein shall
prevent Councilmembers from expressing opinions and indicating probable votes as a result of
the discussion.
7. Executive Sessions. Executive sessions shall only be called in accordance with the provisions
of the Open Meetings Act.
8. Voting. All voting shall be by roll call and each Councilmember is required to vote on each item
before the Council unless excused by the unanimous consent of the remaining members present.
In the event of a conflict of interest, the member shall identify that conflict when the matter
comes before the Council and shall refrain from participating in the discussion and debate
regarding the matter and shall not vote on the question. At the discretion of the presiding officer,
the member may be requested to vacate his/her seat during the discussion and voting on the
question. See Charter Section 2-17.
If any member so requests, a paper ballot shall be used to record the vote of each member on
any item. When so requested, the vote shall be recorded and forwarded to the Clerk who shall
read and tally each member's vote.
COUNCIL OFFICERS
9. Organizational Meeting. In accordance with Section 2-13 of the Charter, on the first Tuesday
following the official canvas of the vote the Council shall conduct an Organizational Meeting.
Newly elected members shall be sworn and assume their duties of office. The Council shall then
elect a Mayor by majority vote of its members. A Mayor Pro-Tem shall also be elected.
The City Clerk shall act as temporary Chair until the Mayor has been elected, at which time the
Mayor shall assume the duties of office. Four affirmative votes are required to elect the Mayor
and Mayor Pro-Tem. Voting shall be by roll call.
After the election of the Mayor and Mayor Pro-Tem, the next order of business at the
Organizational Meeting shall be a review of the City Council Guidelines. At that time Guidelines
may be amended for the ensuing year by majority vote. Guidelines will remain in effect from year
to year unless modified in accordance with this Section or Section 34.
10. Temporary Chair. In the case of the absence of the Mayor and the Mayor Pro-Tem, the City
Clerk shall call the Council to order and call the roll of the members. If a quorum is present, the
Council shall elect, by a majority vote of those present, a Chair of the meeting to act until the
Mayor or Mayor Pro-Tem appears.
11. Secretary. In accordance with Section 5-9 of the Charter, the City Clerk shall act as the
Secretary for the Council.
City of Manistee 2 City Council Policy CP-10
12. City Manager. In accordance with Section 2-15 of the Charter, the City Manager shall have a
seat at all Council meetings and may take part in all proceedings and deliberations; but without
the right to vote.
13. City Attorney. The City Attorney shall attend all regular and special meetings of the City Council.
14. Restriction. The presiding officer of the Council (Mayor, Mayor Pro-Tem or temporary Chair)
may make nominations and debate from the Chair, subject only to such limitations as are by the
rules imposed on all members; however the presiding officer shall not move or second a motion
without first vacating the chair to the Mayor Pro-Tem or temporary Chair.
15. Decorum and Order. The presiding officer shall maintain decorum and decide all questions of
order, subject to appeal to the City Council. The Chief of Police or his designee or other City
employees appointed by the City Manager shall serve as the Sergeant at Arms and shall act at
the direction of the presiding officer.
a. During Council meetings, Councilmembers shall preserve order and decorum and shall
neither by conversation or otherwise, delay or interrupt the proceedings nor refuse to
obey the orders of the presiding officer or the rules of the Council. Every Councilmember
desiring to speak shall address the Chair and upon recognition, shall confine themselves
to the question under debate and shall avoid all personalities and inflammatory language.
Councilmembers may address questions to the administrative staff in attendance at
Council meetings; however the City Manager may choose to intervene and answer the
inquiry on behalf of the administrative staff; or designate some other member of the staff
for that purpose.
A Councilmember once recognized shall not be interrupted while speaking unless called
to order by the presiding officer, unless a point of order is raised by another member or
unless the speaker chooses to yield to questions from another member. If the presiding
officer fails to maintain order and decorum, any member may move to require
enforcement of the Guidelines and an affirmative vote by the majority of the Council shall
require the presiding officer to act.
b. Members of the Administrative Staff and employees of the City shall observe the same
rules of procedure and decorum applicable to members of the Council. While the
presiding officer has authority to preserve decorum in meetings so far as staff members
and City employees are concerned, the City Manager shall be responsible for the orderly
conduct and decorum of all employees under his direction and control. The City Manager
shall take such action as may be necessary to ensure that such decorum is preserved at
all times by City employees in Council meetings, and may direct that employees leave the
meeting at any time.
c. Public members attending Council meetings shall observe the same rules of propriety,
decorum and good conduct applicable to members of the Council. Any person making
personal, impertinent and slanderous remarks or who becomes boisterous while
addressing the Council or while attending a Council meeting shall be removed from the
meeting if so directed by the presiding officer. In case the presiding officer shall fail to
act, any member of the Council may move to require them to act to enforce the rules, and
the affirmative vote of the majority of the Council shall require the presiding officer to act.
Any public member desiring to address the Council shall be recognized by the Chair and
shall limit remarks to the question under discussion. The public member must approach
the podium and state their name and address to be recognized by the Chair. Comments
City of Manistee 3 City Council Policy CP-10
by members of the audience shall not exceed five minutes in length; however in the event
that a group of citizens desires to address the Council regarding the same subject, the
group may designate one or more representatives who may speak on behalf of the group
for a total duration not to exceed thirty minutes.
All remarks and questions addressed to the administration of the City shall be addressed
to the City Manager and not to any individual City employee. No person other than
members of the Council and the person having the floor shall enter into any discussion
either directly or indirectly without the permission of the presiding officer.
DUTIES AND PRIVILEGES OF MEMBERS
16. Seating Arrangement. Members shall occupy the respective seats in the Council Chamber
assigned to them by the Mayor, but any two or more members may exchange seats by advising
the Mayor to that effect.
17. Right of Appeal. Any member may appeal to the Council from a ruling of the presiding officer. If
the appeal is seconded, the member making the appeal may briefly state the reason for the same
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 presiding officer shall then put the
question, "Shall the decision of the Chair be sustained?" If a majority of the members present
vote "aye" the ruling of the Chair is sustained; otherwise it is overruled.
18. Personal Privilege. The right of a member to address the Council on a question of personal
privilege shall be limited to cases in which the member's integrity, character or motives are
assailed, questioned or impugned; or to matters interfering with the conduct of business such as
excessive noise, temperature, inability of a speaker to be heard, etc.
19. Dissents and Protests. Any member shall have the right to express dissent from or protest
against any ordinance, resolution or motion of the Council and have the reason therefore entered
upon the minutes. Such dissent or protest must be filed in writing and be presented to the
Council not later than the next regular meeting following the action giving rise to the objection.
20. Code of Ethics. Councilmembers, public officers, members of boards and commissions and
employees occupy positions of public trust. All municipal business must be subject to the scrutiny
of public opinion both as to the legality and to the propriety of such business.
In addition to matters of financial interest, Councilmembers, public officers, advisory board
members and employees shall refrain from making use of special knowledge or information
before it is available to the general public and shall refrain from using the public office as a
method of directly or indirectly favoring self, friends, customers, clients, family members, business
associates or any other special interests. Councilmembers, officers, advisory board members
and employees shall at all times be mindful of their responsibility to the entire electorate and shall
refrain from actions benefitting special interest groups at the expense of the City as a whole and
shall do everything in their power to ensure equal and impartial law enforcement and opportunity
without unlawful discrimination.
a. Nepotism. In accordance with Section 2-12 of the Charter of the City of Manistee and
Council Policy 9 as amended September 1, 2009 nepotism is prohibited as it applies to
relatives of the Council and City Manager to the second degree of consanguinity including
grandparents, sons and daughters, grandsons and granddaughters, siblings, aunts and
uncles, nieces and nephews, and first cousins, whether by blood, marriage or law.
Applicants who are related by this degree shall not be considered for employment unless
the City Manager individually, specifically and in writing determines that the skills, abilities
or talents of the applicant are unique and of such a value to the City generally that an
City of Manistee 4 City Council Policy CP-10
exception to the policy is warranted. The Manager must seek the concurrence of the
entire City Council by formal vote at a properly noticed regular or special meeting prior to
the hiring of such an applicant.
b. Pecuniary Interest. In accordance with Section 2-9 of the Charter of the City of Manistee
and Public Act 317, 1968, as amended, members of the City Council, officers and
employees shall not be a party to a contract involving the City except as provided by law
and this Section. Councilmembers who have an interest in a firm (meaning as an officer
or employee of a firm including a co-partnership or other unincorporated association or
private corporation in which he/she is a stockholder owning more than 1% of the total
outstanding stock) which is involved in the supply of routine goods or services to the City
handled as administrative purchases not subject to formal Council approval shall at the
Organizational Meeting of the City Council advise in writing the Council and administrative
staff of that interest in that firm. Thereafter the firm is eligible to supply goods or services
in accord with normal municipal purchasing policies provided however that within 30 days
following the conclusion of each fiscal year the City Treasurer shall separately tabulate
the dollar amount of the total business which has been conducted with that firm during the
fiscal year with that summary published in the newspaper designated as the official
publication for the City.
c. It is recognized that no ethics clause can adequately address the broad scope of potential
conflicts and ethical dilemmas. The City Council, officers and employees must be
dedicated to the highest ideals of honor, integrity and fidelity with no color of self-interest
in the execution of the public's business.
COMMITTEES
21. Appointments to Boards and Commissions. All appointments to City boards and
commissions shall be made in accordance with appropriate statutes and local ordinance. Except
as otherwise provided by ordinance or statute; boards and commissions shall serve at the
pleasure of the City Council and report to the City Council. All vacancies shall be advertised in
the official publication of the City of Manistee.
The Mayor and City Council are not limited to a selection from among the applicants; however,
the Mayor and Council shall generally give preference to those citizens who apply in accordance
with the terms of the vacancy. The Mayor and Council shall generally give preference to
residents of the City of Manistee. The following board and commission members are appointed
by the Mayor and City Council respectively:
MAYOR CITY COUNCIL
Airport Authority Board of Review - Residency Required
Brownfield Redevelopment Authority Harbor Commission
Building Authority - Residency Required Historic District Commission
Compensation Commission-Residency Required PEG Commission
Downtown Development Authority
Housing Commission
Non-Motorized Transportation Committee
Oil and Gas Investment Board
Parks & Beautification Commission
Planning Commission
Ramsdell Theatre Governing Authority
Tree Commission
Zoning Board of Appeals
City of Manistee 5 City Council Policy CP-10
All appointments by the Mayor are subject to the Council's approval, unless otherwise specified
by statute or ordinance. Nominations for Council appointments do not require a second. After a
member of Council nominates an individual for appointment, Council shall vote on the
nomination. A majority vote in favor of placement of the nominee is required for appointment.
22. Appointments. By ordinance the Mayor is a member of the Downtown Development Authority
and the Chair of the Oil and Gas Investment Board. The Mayor becomes a member of the Sands
Park Board.
23. Council Standing Committees. Immediately after the annual Organizational Meeting of the
Council, the Mayor shall appoint the following standing committees, subject to confirmation by the
Council: a.) Auditing Committee, b.) Ordinance Committee. Three members of the Council shall
be appointed to each committee with the Mayor designating the member who is to serve as Chair
of the committee. Vacancies occurring in any committee shall be filled in like manner.
a. The Auditing Committee shall review all invoices paid by the City to review their
appropriateness, conformance with the budget and compliance with municipal purchasing
practices. Any questions or apparent irregularities shall first be reviewed with the City
Finance Officer and then the City Manager. If the matter cannot be adequately
addressed by the Finance Officer or the City Manager, the Auditing Committee shall bring
the matter to the City Council as a regular agenda item.
b. Ordinance Committee. All ordinances proposed, whether by a member of the Council,
City Manager, Advisory Board or Commission or the public at large shall be put in proper
form and reviewed by the Ordinance Committee. The Ordinance Committee shall make a
recommendation to the City Council on each ordinance reviewed, with or without
modification. If the recommendation of the Ordinance Committee is that the ordinance
not be approved, the person or group sponsoring the proposed ordinance may request
consideration by the entire Council with the committee's negative recommendation.
c. Personnel Committee. In accordance with Section 5-6 of the Charter, the City Manager
may appoint a Personnel Committee's subject to the approval of the City Council.
24. Special Committees. In accordance with Section 13-16 of the Charter, special committees for
particular purposes may be appointed by the Mayor, by the City Council, or by the City Manager
to investigate and/or make recommendations to the City Administration or City Council. Such
committees shall be ad hoc and serve only until such time their charge has been fulfilled.
25. Meeting Notice. It shall be the duty of the Chair of any standing or special committees and
advisory boards and commissions to give advance notice of the time and place of the meeting in
accordance with the Open Meetings Act (minimum 18 hour notice) and to advise all members of
the committee, the City Council, the City Manager, and other persons who have made known in
writing their interest in the particular matters to be considered. Minutes shall be kept and
circulated in like manner.
26. Reports. Reports by committees, boards and commissions to the City Council shall be reduced
to writing and represent the views of the majority. This shall not be construed to prohibit minority
reports. Reports shall be submitted to the City Clerk who, in addition to maintaining a file copy
will post a copy in City Hall and forward a copy to the City Manager for distribution to the affected
City Staff and City Council.
27. Per Diems, Expenses. No standing or special committees or advisory boards or commissions
shall receive compensation in the form of per diem for time spent on municipal business. All
reasonable, normal and customary expenses incurred by the committee and its members,
including meal expenses, shall be borne by the City in accord with the City's Travel & Expense
Reimbursement Policy.
City of Manistee 6 City Council Policy CP-10
The Compensation Commission shall meet in odd numbered years to make recommendations to
the City Council regarding Council stipends, per diems, etc. Any modifications approved by the
Council as a result of recommendations by the Compensation Commission shall automatically
amend this section of the Council Guidelines. See State Statute on this subject.
COUNCIL PROCEDURE
28. Order of Business. The regular business at all regular meetings of the Council shall be
transacted in the following order, unless the Council shall by a vote of at least two-thirds of the
members present suspend the rules and change the order:
I. Call to Order.
a. Pledge of Allegiance.
II. Public Hearing(s), if any.
III. Citizen Comments on Agenda Related Items.
IV. Consent Agenda.
Prior to approval of the Consent Agenda, any member of Council may have an
item from the Consent Agenda removed and taken up during the regular portion of
the meeting.
V. Approval of Minutes.
VI. Financial Report.
VII. Unfinished Business.
VIII. New Business.
IX. Notices, Communications, Announcements.
X. Concerns and Comments.
b. Citizens
c. Officials and Staff
d. Councilmembers
XI. Adjourn.
29. Parliamentary Procedure. The most recent edition of Roberts Rules of Order are adopted as
the Council Guidelines of parliamentary procedure for City Council so that meetings are orderly
and address the matters before City Council. Specific Council Guidelines shall take precedence
over Roberts Rules of Order. Matters of parliamentary procedure not specifically addressed in
Council Guidelines, shall generally follow Roberts Rules of Order. The purpose of Roberts Rules
of Order is to provide an organized and orderly procedure for addressing business before
Council, without elevating form over substance in the conduct of Council meetings.
a. Precedence of Motions. When a main motion is before the Council, other motions may
not be entertained except 1.) to adjourn, 2.) to recess, 3.) to table, 4.) for the previous
question (to limit debate)*, 5.) to refer to a committee, or 6.) to amend. These motions
have precedence in the order indicated. Once made and seconded, each motion shall be
put to a vote without debate; except that a motion to amend is debatable.
* Requires two-thirds vote.
b. When a motion is made and seconded, it shall be restated by the presiding officer before
debate. Any member may demand that it be put in writing. A motion may be withdrawn at
the request of the mover with the consent of the second in which event the motion shall
not be recorded in the minutes and shall not be subject to further action.
c. After a decision on any ordinance, resolution or motion, any member who voted with the
majority may move for a reconsideration of the action on the same or the next succeeding
meeting; provided however that a motion for reconsideration is out of order if the action
City of Manistee 7 City Council Policy CP-10
earlier authorized has been implemented or partially implemented. A motion for
reconsideration does not require a second. If approved, the effect is to place the original
action before the Council for further consideration, not to overrule the original decision.
d. A point of order, parliamentary inquiry, personal privilege and similar actions do not
require a second and are subject to a ruling by the presiding officer which may be
appealed to the Council.
MISCELLANEOUS
30. Depositories, Official Publication. At the first regular meeting of the City Council at the
beginning of each fiscal year, the City Council shall take action to designate depositories for
municipal funds. The official publication named by the City shall be the Manistee News
Advocate, unless there is more than one newspaper publication located in Manistee. All official
notices and communications of the City will be published therein. This provision shall not
preclude publication in other newspapers, as appropriate.
31. Complaints. The procedure for complaints shall be:
a. All complaints involving municipal policies shall be referred to the City Council for
appropriate action and, except in the most unusual cases, such action shall be preceded
by a report and recommendation of the City Manager who shall have had ample
opportunity and time in which to investigate and render a report.
b. All complaints involving charges of unfair, improper or inadequate hearings before
advisory boards and commissions or Council committees shall be referred immediately to
the particular board or commission concerned for a rehearing provided however that such
referral shall be accompanied by a written statement from the person complaining of such
improper hearing which statement shall delineate the specific charges in order that the
board or commission concerned may be able to take appropriate action.
c. All complaints with the respect to the management of the City shall be referred to the City
Manager for necessary or appropriate action. A copy of written complaints will be
forwarded to the City Council for information. In the case of those complaints against the
management of the City wherein the Council desires further information, then the City
Manager when so requested by a majority of the Council shall be given adequate time in
which to make the necessary investigation and report to the City Council.
d. Questions, comments or concerns regarding municipal services shall be conveyed to the
City Manager or appropriate department during regular business hours and shall not be
raised at Council meetings unless the City Manager has failed to adequately respond to
the issue following a reasonable opportunity to address same.
32. Administration. In accordance with Section 2-10 and Section 5 of the Charter, the City Manager
is responsible for the administrative affairs of the City including the appointment, discipline and
removal of employees except as otherwise noted in the Charter. The Manager shall supervise
and control the administrative affairs of the City and all departments thereof. Members of the
Council shall not individually provide direction to City employees or departments, nor make
inquiry thereof except through the office of the City Manager. This Section in no way limits the
Council from fully and freely discussing its views with the City Manager pertaining to the
appointment, discipline or removal of employees; nor limit the Council's ability to initiate
investigations into municipal affairs in accordance with Section 13-10 of the Charter.
City of Manistee 8 City Council Policy CP-10
This Section shall not limit individual Councilmembers' ability to make requests for services from
departments, nor convey a request for services to a department by a constituent as would be
available to a citizen at large.
33. Separability. Any part of these Guidelines which shall conflict with any state or federal law now
or in the future, or the Charter of the City of Manistee, or any ordinance of the City duly adopted
now or in the future shall be null and void but only to the extent of the conflict. All other parts
shall continue in full force and effect.
34. Amendments. These Guidelines may be amended by the City Council at the annual
Organizational Meeting of the Council by majority vote. These Guidelines may be amended by
the City Council at any other regular or special meeting of the City Council, by a majority of the
members elect.
ADOPTED: March 16, 1993 AMENDED: November 15, 1994
AMENDED: December 17, 1996 AMENDED: November 12, 1997
AMENDED: November 9, 1999 AMENDED: December 5, 2000
AMENDED: January 16, 2001 AMENDED: November 12, 2003
AMENDED: November 15, 2005 AMENDED: November 21, 2006
AMENDED: November 13, 2007 AMENDED: November 10, 2009
AMENDED: February 2, 2010 AMENDED: November 20, 2012
City of Manistee 9 City Council Policy CP-10
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