§ 5.3. Meetings of the council.

(a)

The council shall meet in the established council chambers or such other place as may be established by ordinance and shall hold at least two regular meetings in each month. All regular meetings of the council shall be held in the evening at the time and on the days established by ordinance. If any time set for the holding of a regular meeting of the council shall be a holiday, then such regular meeting shall be held at the same time and place on the next secular day which is not a holiday.

(b)

Special meetings of the council shall be held at the regular meeting place of the council. Special meetings shall be called by the secretary of the council on the written request of the mayor or any three members of the council, on at least six hours written notice to each member of the council, designating the time and purpose of such meeting, and served personally on each member of the council, or left at his usual place of residence by the secretary of the council or by someone designated by him. Notwithstanding the foregoing requirements for the calling of special meetings, any special meeting of the council shall be a legal special meeting if all members are present thereat, or in the event that any member or members be absent, if all absent members have, in writing, waived the requirement that notice be given: provided, that a quorum be present. At the time of sending out or the delivery of notices for any special meeting, a copy of the notice of such meeting shall be also sent out or delivered to the offices of the newspaper or newspapers published in the city. Proof of the service of notices required by this section or of the waiver thereof shall be entered in the journal of such meeting. (Amended by electors on 4-3-61)

(c)

No business shall be transacted at any special meeting of the council, except that stated in the notice of the meeting.

(d)

All regular and special meetings of the council shall be public meetings and the public shall have a reasonable opportunity to be heard.

(e)

Five members of the council shall be a quorum for the transaction of business at all of its meetings. In the absence of a quorum, any number less than a quorum may adjourn any meeting to a later date.

(f)

The council shall determine its own rules and order of business and shall keep a journal, in the English language, or all its proceedings. The journal of each meeting of the council shall be signed by the secretary of the council. The vote upon the passage of all ordinances, and upon the adoption of all resolutions shall be taken by "yes" or "no" votes and shall be entered upon the record, except that, where the vote is unanimous, it shall only be necessary to so state. The public shall have access to the minutes and records of all regular and special meetings of the council.

(g)

The secretary of the council shall prepare an agenda of business to be considered at each regular council meeting, and, except when this rule is waived by the affirmative vote of five members of the council, no item of business shall be placed on the agenda for a council meeting, unless notice thereof was filed in the office of the secretary of the council by 5:00 o'clock, p.m., on the third secular day preceding such meeting. The council shall prescribe by rule the items of routine business which shall be placed on each agenda without the necessity of giving notice thereof to the secretary of the council. The council may consider any matter not on the agenda by the vote of five members.

(h)

Each member of the council shall attend all council meetings. The council may compel the attendance of its own members and of all other officers and department heads of the city at its meetings, and may enforce fines for nonattendance in such amount and manner as it may, by ordinance, prescribe. Any member of the council, or other officer of the city, who refuses to attend such meetings, for reasons other than confining illness, or to conduct himself in an orderly manner thereat, shall be deemed guilty of a violation of this charter. The police chief, or such other person as the council shall designate, shall serve as the sergeant-at-arms of the council in the enforcement of the provisions of this section to maintain order at council meetings.

(i)

Each member of the council shall vote on each question before the council for a determination, unless excused therefrom by the affirmative vote of at least five of the members, but no member of the council shall vote on any question upon which he has a private interest or a financial interest other than as a citizen of the city. If a question is raised under this section at any council meeting, such question shall be determined before the main question shall be voted on, but the council member affected shall not vote on such determination.

(j)

Except in those cases where a large majority is required by law or the provisions of this charter, no ordinance or resolution shall be adopted or passed, nor shall any other official action be taken, except by the affirmative vote of at least five members.

State law reference

Mandatory that Charter provide that all meetings of the council shall be open to the public, MCL 117.3(l); mandatory that Charter provide for keeping of a journal of every session, MCL 117.3(m).

Editor's note

The Open Meetings Act (MCL 15.261 et seq.) supersedes all local Charter provisions which relate to requirements for meetings of local public bodies to be open to the public.