MACDC
INTERCOUNTY DRAIN PROCEDURES TRAINING
Intercounty Drain Governance
Stacy Hissong
Lizzie Mills
Fahey Schultz Burzych Rhodes PLC
February 15, 2017
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SUMMARY
• Consistent governance
improves:
– Communication
– Effectiveness
– Efficiency
• Why?
– Proper and consistent
administration
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ROLES AND RESPONSIBILITIES OF THE BOARD
“[T]ake all steps and perform all acts and sign all
papers as commissioners are required to do singly
in the case of other drains.” MCL 280.122
• Communication
• Satisfy fiduciary duty to
the board and the drainage district
– Good faith
– Reasonable Care
– Loyalty
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ROLES AND RESPONSIBILITIES
•
•
•
•
•
Chair
Members
Secretary
Treasurer
FOIA Coordinator
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PREPARING FOR A MEETING
• Calling a Meeting
– The chair or two members of the board may call a
meeting
• Agendas
– Drafted by the chair or secretary
– Form and format
– Changing the agenda
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MEETINGS
• Quorum
• Parliamentary Procedure
• Deputy and Staff Participation
– Deputy Drain Commissioner
– Staff
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A WORD ABOUT MOTIONS
It’s not all
about
you,
Robert.
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MOTION BASICS
1. I move that…
7. Vote
2. Support!
6. Chair calls the
question
3. Chair restates
the motion; calls
for discussion
5. Debate
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8. Results:
Adopted or
Defeated
MOTION TO AMEND
• Purpose: change wording of motion
• Majority vote is required
Motion Passes
• Original motion changes
Motion Fails
• Original motion stays the
same
• Special Issue: Friendly amendment
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MOTIONS TO DELAY CONSIDERATION OF A
PENDING MOTION
• A motion to table will postpone until a later
point in the meeting
• A motion to postpone consideration will delay
the consideration to a later date
• To recall the motion for deliberation, recall the
motion from the table by vote.
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MOTIONS TO RECONSIDER
• Purpose: revisit a
previous decision
made at the same
meeting.
• Cannot reconsider if:
– It has been partly
carried out or
– The party to a
previously approved
contract
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MOTION TO RESCIND
• Purpose: revisit a board decision from a
previous meeting.
• Notification required
• Cannot rescind if the actions set in motion by
the prior decisions are fully or substantially
completed
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RESOLUTIONS
• Written motion used to capture details of
more complex matters or to meet statutory
requirements
– Document rationale
– Outline a significant number of details regarding
the action.
– Identify the board’s authority to act
• Numbering
• Record retention
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SUBSTITUTIONS
• Typically arise with conflicts of interest
– Appointment of a special commissioner by the
probate court
– Substitution by the deputy of the board member.
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COMMUNICATING BOARD ACTIONS
• Identify who will speak on behalf of the board
– General rule? The Board speaks through its
minutes and resolutions
• Take care when providing an individual
position or opinion
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CONFIDENTIALITY
Fiduciary obligation requires board members to,
among other things, maintain confidentiality of
information not subject to disclosure.
– Ex: Attorney-Client Privileged Communication or
Documents
– Ex: Closed Session minutes, discussion
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