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| Resolution | NO. 537 |
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| | | | | | | | | A Resolution seeking adoption of Proposed Ordinance #13-2024, amending Section 02, Articles X and XVII, of Chapter 212, "Rules of Procedure of the Commission," regarding Public Comment to ensure a better flow to the Business Meeting. | | | |
| | | | | | | | | BATTLE CREEK, MICHIGAN - 8/20/2024 | | | |
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Resolved by the Commission of the City of Battle Creek:
That Ordinance #13-2024, introduced on August 20, 2024, is adopted as described here:
Section 1. An Ordinance to adopt an amendment of Section 02, Articles X and XVII, of Chapter 212, "Rules of Procedure of the Commission," amending Public Comment to ensure a better flow to the Business Meeting, as attached here.
Section 2. Should any section, clause or phrase of this ordinance be declared to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
Section 3. All ordinances or parts of ordinances, in conflict with any of the provisions of this ordinance, are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.
Section 4. Except as otherwise provided by law, this ordinance shall take effect ten (10) days from the date of its adoption, in accordance with the provisions of Section 4.3(B) of Chapter 4 of the City Charter.
I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of an ordinance adopted by the Battle Creek City Commission at a Regular meeting held on September 3, 2024.
Victoria Houser
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| | | | | | | | | Battle Creek City Commission
8/20/2024
Action Summary | | | |
| | | | | | | | | | Staff Member: | William Kim, City Attorney | | Department: | City Attorney |
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| | | | | | | | | SUMMARY
| A Resolution seeking adoption of Proposed Ordinance #13-2024, amending Section 02, Articles X and XVII, of Chapter 212, "Rules of Procedure of the Commission," regarding Public Comment to ensure a better flow to the Business Meeting.
| BUDGETARY CONSIDERATIONS
| | There are none. |
HISTORY, BACKGROUND and DISCUSSION
| The Open Meetings Act (OMA), Act 267 of 1976, requires Public Comment be offered at meetings of public bodies, but it only requires that one opportunity for public comment be offered at a meeting. MCL 15.263(5) also provides that persons must be permitted to address a meeting of the "public body under rules established and recorded by the public body."
The City of Battle Creek Rules of Procedure as set out in Chapter 212 currently permit a separate period of Public Comment, not to exceed three minutes, for comment specifically regarding the ordinance introductions and ordinance adoptions. Battle Creek's Rules of Procedure also currently provide for three minutes of Public Comment for any consent agenda item and/or resolutions not on the consent agenda, in addition to three minutes of General Public Comment at the end of the meeting.
This Proposed Ordinance amendment is modeled after the City of Grand Rapids, providing one collective period of Public Comment for all legislative items on the agenda, one period of General Public Comment, and Public Comment for Public Hearings where required by law. The exception is that this Proposed Ordinance amendment increases Public Comment for all legislative agenda items from three minutes to four. In addition, this Proposed Ordinance amendment would move up the period of Public Comment for all agenda items to take place prior to any ordinance introductions or adoptions. The goal of the Proposed Ordinance amendments is to ensure a better flow to the business meeting. The Proposed Ordinance amendment satisfies the requirements of the Open Meetings Act and all other legal requirements.
| DISCUSSION OF THE ISSUE
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| POSITIONS
| Pursuant to the Procedure set out in City Ordinance 212.02(IX), Commissioner Lance requested that Proposed Ordinance #13-2024 be placed on the July 16 agenda for introduction, and the request was co-sponsored by Mayor Behnke and Vice Mayor Sofia.
Proposed Ordinance #13-2024 was postponed by the Battle Creek City Commission at their Regular Meeting held on July 16, 2024, and was introduced at the August 20, 2024 Meeting of the Battle Creek City Commission. |
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