Planning Commission meeting procedure - Ask Extension
I actually have two questions. First is when are roll call votes required during commission meetings? Secondly, when may a commission member abstain f...
Knowledgebase
Planning Commission meeting procedure #862512
Asked March 25, 2024, 10:20 PM EDT
I actually have two questions. First is when are roll call votes required during commission meetings? Secondly, when may a commission member abstain from voting if at all or is that a question of by-laws? Thank you.
Macomb County Michigan
Expert Response
Hello,
Thank you for reaching out to MSU Extension with you questions about planning commissions and voting. Please find answers to each of your questions below.
When are roll call votes required during [planning] commission meetings?
There is no language in either the Michigan Planning Enabling Act or the Michigan Zoning Enabling Act that expressly requires a roll call vote for any planning commission decisions.
Absent anything in the state enabling statutes, the next step would be to the bylaws (or other relevant local documents) for the planning commission to see what is has to say on voting/roll call votes. [Note: MSU Extension's Sample Bylaws for a Planning Commission has this language in the section on voting as one example "Voting shall be by voice and shall be recorded as passing or failing. Roll call votes will be recorded only upon request by a member of the Commission and shall be recorded by 'yes' or 'no'."]
If the bylaws are silent on this, then the answer would be found in the adopted parliamentary procedure of the board, such as Robert's Rules. MSU Extension has two article that go more into the details of roll call votes under Robert's Rules, part one discusses how to order a roll call vote and part two goes into the actual voting.
The roll-call vote: Part 1
The roll-call vote: Part 2
When may a [planning] commission member abstain from voting if at all or is that a question of by-laws?
The MSU Extension Citizen Planner program covers this issue and teaches that unless a member has a conflict of interest, then that planning commission member should participate fully and vote. Failure to vote when the member does not have a conflict of interest could be considered "nonfeasance" – and that is grounds for being removed from office after the appropriate process
(MCL 125.3815(9)). Abstaining is the same as not voting, i.e. nonfeasance, if there is no conflict of interest.
The planning commission's bylaws are required to have a section defining what is a conflict of interest if unless the legislative body has done so by ordinance (MCL 125.3815(9)).
Have a great day!
Thank you for reaching out to MSU Extension with you questions about planning commissions and voting. Please find answers to each of your questions below.
When are roll call votes required during [planning] commission meetings?
There is no language in either the Michigan Planning Enabling Act or the Michigan Zoning Enabling Act that expressly requires a roll call vote for any planning commission decisions.
Absent anything in the state enabling statutes, the next step would be to the bylaws (or other relevant local documents) for the planning commission to see what is has to say on voting/roll call votes. [Note: MSU Extension's Sample Bylaws for a Planning Commission has this language in the section on voting as one example "Voting shall be by voice and shall be recorded as passing or failing. Roll call votes will be recorded only upon request by a member of the Commission and shall be recorded by 'yes' or 'no'."]
If the bylaws are silent on this, then the answer would be found in the adopted parliamentary procedure of the board, such as Robert's Rules. MSU Extension has two article that go more into the details of roll call votes under Robert's Rules, part one discusses how to order a roll call vote and part two goes into the actual voting.
The roll-call vote: Part 1
The roll-call vote: Part 2
When may a [planning] commission member abstain from voting if at all or is that a question of by-laws?
The MSU Extension Citizen Planner program covers this issue and teaches that unless a member has a conflict of interest, then that planning commission member should participate fully and vote. Failure to vote when the member does not have a conflict of interest could be considered "nonfeasance" – and that is grounds for being removed from office after the appropriate process
(MCL 125.3815(9)). Abstaining is the same as not voting, i.e. nonfeasance, if there is no conflict of interest.
The planning commission's bylaws are required to have a section defining what is a conflict of interest if unless the legislative body has done so by ordinance (MCL 125.3815(9)).
Have a great day!
