[nfbmi-talk] official board correspondence re foia and oma

[joe harcz Comcast]

Official Board Correspondence on Open Meetings Act And FOIA Relationship

 

August 23, 2010

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

E-mail: joe harcz at comcast.net

To: Michigan Commission for the Blind Members:

 

Jo Anne Pilarski, Chair

(via e-mail)

Michael Geno, c/o Susan Luzinski (MCB)

Geraldine Taeckens

Via e-mail

Margaret Wolfe

Via e-mail

John Scott

Via e-mail

 

 

 

Official correspondence to MCB Board via e-mail

 

Ladies and gentlemen,

 

If you will note Ms. Barbara Schmidt specifically advised you to hold a closed session of the May 3, 2010 MCB board citing this very section referenced after my signature line. Clearly she did not consult this referenced Freedom of Information Act attorney general’s opinion.

 

I am sorry that you were so ill advised by this Assistant Attorney General. But I did send you all these opinions as free technical assistance and in good faith. And you are all required to follow the Open Meetings Act and the Freedom of Information Act in all of your official activities as weal, as of course other relevant laws. Note: these obligations are clearly in the PA 260 and even in your own by-laws.

 

I offer this plain language and opinion again to alert you to your obligations under the law with a simple bottom line. That is to simply follow these laws.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: Larry Posont, President NFB of MI

Cc: Joe Sibley, President, Michigan Council of the Blind and Visually Impaired

Cc: Thomas Quasarano, Michigan Attorney General’s Office

Cc: Barbara Schmidt, Michigan Attorney General’s Office

Cc: Michael Cox, Michigan Attorney general’s Office

Cc: Tom Masseu, Michigan Protection and Advocy Services, Inc.

Cc: Jeanette Brown, Michigan Client Assistence Program

Cc: Lynnae Ruttledge, Commissioner RSA

Cc: Patrick D. Cannon, Director Michigan Commission for the Blind

Cc: Richard Clay Advocates for the Blind

 

 

Attached:

 

 

http://www.michigan.gov/ag/0,1607,7-164-17337_18160-51244--,00.html

AG  Attorney General Opinions Relating to FOIA

 

9. The exemption contained in section 13(1)(n) of the Freedom of Information Act for communications and notes within a public body or between public bodies

of an advisory nature does not constitute an exemption for the purposes of the Open Meetings Act in view of a specific statutory provision which states

that this exemption does not constitute an exemption for the purposes of section 8(h) of the Open Meetings Act. Attorney General Opinion No. 5608, p. 496,

December 17, 1979.