[nfbmi-talk] transcripts leading up to closed session may 3 2010

[joe harcz Comcast]

June 3 2010

 

From: Joe Harcz

 

 

These are my hurried transcripts of the May 3, 2010 first open session of the Michigan Commission for the Blind. It is really pretty bizarre as all can tell and pretty convoluted about just what they were going into closed session about anyway. But, it is important to note Barbara Schmidts reasoning and the ludicrous memos referenced. In addition a formal motion was needed and that was made (sort of) by Margaret Wolfe. Note that this was very broad and open ended which is a violation of the OMA and note that after the session was again opened up that Commissioners revealed they discussed, deliberated upon and made determinations about a broad range of issues that were clearly in vviolation of the OMA on several counts.

They are virtually too numerous to mention.

 

 

 

J.S. refers to newly appointed but not yet sworn Commissioner John Scott by teleconference. I had a hard time hearing some of his comments but reflected it fairly accurately.

 

J.P. Equals MCB Chair Jo Anne Pilarski

G.T. Equals Commissioner Geraldine Taekins

M.G. Equals Commissioner Michael Geno

M.W. Equals Commissioner Margaret Wolfe

P.C. Equals MCB Director (and dictator) Patrick D. cannon

 

(My comments and notes are in parenthesis, of course)

 

B.S. Equals Barbara Schmidt, from Michigan Attorney General’s Office (which commissioners refer to before and after the closed session as “our attorney”)

 

K.M. Equals Kim Martin Cannon’s Temporary Administrative Assistant and the One Designated to Take Minutes

 

Also in attendance were:

 

Fred Wertzel, Barbara Menzal (sic), Terry and Mark Eagle, and Joe Sonntag

 

 

 

 

Transcript of Open session One May 3 2010 MCB Meeting

 

(Session starts with a lot of chatter hard to discern. Also P.C. chatting with K.M. about getting John Scott’s phone number.)

 

(K.M. Dials J.S.)

 

J.P. “Are we recording?”K.M. “We’re calling John Scott right now.”

 

J.P. “Ok. J.P. “Do we have a call in number that others can call in (like the public) or, no?”

 

P.C. “No, we’re just calling him (J.S.) directly.”

 

 

(John answers..)

 

P.C. 

“Good morning John.”

 

 

 

(commissioners welcome John to board, etc…”

 

(After some small talk…”

 

J.P. 

 

“Ok, John Barbara Schmidt is here, from the Attorney general’s office.”

 

J.S. 

 

“Ok.”

B.S. 

 

“Good to meet you.”

 

J.P. 

 

“Uh, I think we’ll just start…We’ll have a roll call…We’ll just go around and let you know who’s here. O.K.?”

 

J.S. 

 

“that will be fine.”

 

(J.P. Called the roll and all commissioners present…)

 

(Then Pilarski introduced or had guests and staff introduce themselves. Will take roll from draft minutes.)

 

More small talk…

 

J.P. 

 

“We have determined we have a quorum…”

 

K.M. 

 

“Should we start the meeting?”

 





J.P. 

 

“Pardon me?”

 

K.M. 

 

“Have we officially started the meeting?”

 

J.P. 

 

“Yes. We have with our roll call. At this time we have called a special meeting originally to discuss our roll as as a board…Ummm there has been  different interpretations … about what we are charge to do as a board. And  so we have written questions to our legal counsel, Barbara Schmidt. We have submitted those questions and she is here to give us some answers to those questions today.”

 

J.s. 

“OK.”

 

J.P. 

 

“And I  I am going to ask…There’s an opportunity and it’s built into this agenda to  go into closed session if any commissioner wishes to discuss anything in closed session. But I’m going to ask … ummm… Barbara would you just give us the authority and the wording that is used to allow us to go into closed session – what purposes?”

 

B.S. 

 

“Yes, The Open Meetings Act allows a board or commission to go into closed session       for the purposes of  ummm discussing a documentation that is a document, or memo or anything like that that that is privileged by law. And a memo from the Commission’s attorney is a memo that is privileged under FOIA. So it is a privileged document under Michigan under Michigan law. So therefore the Open Meetings Act    allows the commission to vote to go in to a closed meeting to  discuss information regarding the information that is contained in the memo.”

 

 

J.S.

 

 

““This is John Scott. I’m a little confused, and of course, I’m brand new. You said…From my reading of the Open Meetings Act…It had to be some kind of pending litigation…(Couldn’t understand first few words here…) I know it’s something priveledged that would be dealing with something evidentiary…But, then you mentioned under FOIA…which is…there are limitations under FOIA…what can be introduced  or given to someone making a FOIA request…I don’t understand how a FOIA request has to do with the open Meetings Act.”

 

B.S.

 

 

“Ok, The Open Meetings Act umm section 3  umm Section 3 H… allows a closed session to consider, and I’m reading from it material exempt  from discussion or disclosure by state or federal statute…FOIA is a state statute. And FOIA makes  attorney client priveledged communications …ummm…attorney client priveledge information that is not disclosable?  So it is protected under FOIA

A  therefore it is not disclosable. So therefore the Commission can vote to go into closed session under Section  3, H…(She is looking at papers…)… It’s 3.2 H…sorry..

 

No, I apologise  my pages were mixed up. It’s  Section 8 H.”

 

J.S.

 

 

“Eight H?”

 

B.S.

 

“Yea, Section 8 has all the list of reasons for which you can vote to go in to a closed session.”

 

J.S.

 

“Ok I’ll have to go back and read that.”

 

M.G.

 

“You (adressing B.S.) gave a nice summary, a three point summary of the three basic things are requirements for closed session. Do you have those before you? It was right at the end  of your memo (that you sent us). It was just three points in summary. 

 

(I think G.T..)

 

“Related to Randolph-Shepard Act on page 260…(I’m not sure because of cross talk…)

 

G.T. “Is that the one you’re talking about?”

 

J.S.

 

“Is that Mike Geno?”

 

M.G. 

 

“Yes, I’m sorry John since you’re new I’ll try …We should say our names for your sake… This is Mike Geno and that one of the documents you sent… I think it was from an earlier time Right and you did a very nice job  just three sentence summary after an explanation…”

 

B.S.

 

Well, all I can say is if umm I uh have a couple documents  about closed session and  I’m not sure which ones you’re talking about. But, I can always, since mr. Adams is new …Sorry Scott…That we can provide him with any of the previous…advice that was given.”

 

G.T.

 

“John this is Gerri Taekins…John  did you get a copy of all the questions and answers  that we have been generating for the last couple of weeks?”

 

J.S.

 

“No, I haven’t. 

They tried to e-mail me something this morning, for whatever reason . He said it was a four page document  that would kind of summarize what you guys are talking about today, but I was unable to get it.”

 

G.T.

 

“Ok.”

 

J.P.

 

 

“Alright, I’m going to ask if any commissioner  would like to move  ummm into closed session for any reason.”

 

M.W.

 

“Yes, I would. I move that we go in to closed session. That’s based on the information  that Barbara Schmidt supplied us  both in the e-mail of  April 22, 2010  and also she referred to an e-mail she sent  December 8, 2008 and I  think, Michael that’s the one you’re referring to.”

 

M.G.

 

“Yea.”

 

M.W.

 

“And I’ve had occasions to use attorneys in my life on several occasions and I believe my attorney gives me a recommendation that I think we should follow up. And I think it would be important that we  take this opportunity to go in to closed session based on the rationale that Barbara Schmidt gave us.”

 

 

 

J.P.

 

“We have a motion is there a second?”

 

G.T.

 

“I’ll second it.”

 

 

J.P.

 

“Is there discussion.”

 

G.T.

 

Yes,  I would like to communicate that that I personally as a commissioner…This is for  the public…

 

That I personally as a commissioner feel that there are times that we do need talk about some things in closed session related to  client attorney privilege  information and personnel type of issues and  and, BUT I personally have no intent of doing this so that any information that is .. should or will be made public knowledge that when we are done when we are done we will talk about … I would like to share with the public when we come back out of closed session those things that  are most relevant  to our constituents…because our mission is to  be supportive to the consumers we service.  So that’s were I’m at with the whole thing.”

 

MG.

 

“If I might follow up with that. This is Michael Geno.  It is my interest as a commissioner to be sure that closed session is limited to those things that are appropriate. 

 

And it is my interest that everything that can be and appropriately available and observable by the public be done so.

 

So what I’m saying is that I don’t myself anticipate discussion of anything inappropriate outside of what Gerri was talking about.  And that this will open up again and there will be a lot of discussion of anything that isn’t  

 Appropriate for closed session. 

 

J.P.

 

“Is there any more discussion?”

 

“Ok at this time a motion moved to go into closed…”

 

J.S.

 

“Sorry I can’t hear…”

 

J.P.

 

I’m sorry…”

 

Cannon interjects :

 

“Take a roll call vote too…”

 

 

J.P.

 

“We’ll take a roll call vote…”

 

(Here a roll call vote was taken with Geno supporting (Sscott noted he could not vote) Taekins and Wolfe supporting…

 

And Pilarski said, “And I will support.”

 

 

 

Cannon whispering to someone:

 

      

“We are going into closed session now.”

 

 

J.P.

 

“So we have voted to go into closed session. Do we move? What happens here?”

 

 

 

(Small talk as they decided they would move in to some other room…”

 

-30-

 

 

 



 

      

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