[nfbmi-talk] anyone see problems with this?

Fri May 14 18:35:17 UTC 2010

I spent several years working as the attorney for a state agency that was
overseen by a public board much like the 
Commission for the Blind in Michigan.  When a lawyer provides information to
such a body, that information does not always fall under the protection of
attorney client privilege.  The assistant attorney general seems to infer
that the mere existence of a written document from an attorney to her client
will trigger that privilege.  However, the attorney client privilege is
triggered by the subject matter that is being discussed, regardless of
whether or not the attorney's words have been reduced to writing.  

For example: if the attorney is dealing with a matter of litigation, a
personnel issue, any transaction involving real property, or any other
specific topic that is individually protected by a particular law, that
communication is confidential whether or not it is in writing.  When the
attorney is dealing with issues concerning the responsibilities of the
board, that subject is already a matter of public record, being thoroughly
outlined in statute.  Therefore, the attorney client privilege cannot be
used as a means of defeating the provisions of the Open Meetings Act, even
if the attorney delivers her opinion in writing.  

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of David Robinson
Sent: Friday, May 14, 2010 2:00 PM
To: 'NFB of Michigan Internet Mailing List'
Subject: Re: [nfbmi-talk] anyone see problems with this?

Dear Joe, 

   I would question the attorney/client privledge on several of the items
which the commissioners stated that they discussed during closed session.
It appears tht issues such as how to evaluate the director providing public
comment time and how to review ALJ decisions  are secret.  When in fact, the
issues discussed are clearly outlined in the law and consumer imput is and
has been part of the overall determination of who these issues are to be
handled.  
   I hope the secret discussion was helful, but I don't see why all of it
could not have been in the open.  It again gives consumers the idea that the
director is trying to hide something and do what he can to manipulate the
Commission board by giving them some mislead legal perimeters.  
   I do believe that most of the commissioners want to do the right thing,
but I also know for a fact that Pat Cannon will do all that he can to
protect himself and his agenda to destroy all that is good for the blind of
Michigan.   After all, don'tforget, Barbara Schmidt is the assistant a. g.
who provide the interpretation of the law regarding catering which the NFB
attorney proved to be a complete falsehood and did great damage to the BEP
operators.  
   You cannot trust anyone of Cannon's crew as they have an enirerly
different agenda.  They are out to protect their job and destroy the
livelihood of the blind.  They will keep lieing, keep trying to be operating
in secret, but I the lies will not last and the truth will prevail.  

Dave

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of joe harcz Comcast
Sent: Friday, May 14, 2010 10:54 AM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] anyone see problems with this?

PROPOSED - OPEN SESSION

MICHIGAN COMMISSION FOR THE BLIND
May 3, 2010
201 N. WASHINGTON SQ.

LANSING, MI  48933

SPECIAL MEETING MINUTES
OPEN SESSION

COMMISSIONERS PRESENT 
Ms. Jo Ann Pilarski, Chair                         Ms. Geri Taeckens

Mr. Michael Geno, Vice Chair                  Ms. Margaret Wolfe

Mr. John Scott (via telephone)

COMMISSIONERS ABSENT

None

Michigan Commission for the Blind (MCB) STAFF PRESENT

Mr. Patrick Cannon                                   Ms. Carrie Martin

GUESTS/ATTENDEES 

Ms. Barbara Schmidt, Assistant Attorney General 

Mr. Terry Eagle                                         Mr. Mark Eagle

Mr. Fred Wurtzel                                       Mr. Joe Sontag

Ms. Grace Menzel                                     

CALL TO ORDER, ROLL CALL AND DETERMINATION OF QUORUM

The special meeting was called to order by Chair Jo Ann Pilarski at 9:15
a.m.  Roll call was taken and a quorum was present.  

Review of Open Meetings Act  - Barbara Schmidt, Assistant Attorney General

            Chair Pilarski asked Barbara Schmidt to provide the wording that
allows the Commissioners to go into a closed session.  Barbara Schmidt
explained that the Open Meetings Act (OMA) allows a Board or Commission to
go into a closed session to discuss a document or memo or anything that is
privileged by law.  A memo from the commission's attorney is a privileged
document under Michigan law.  Therefore, the OMA allows the Commission to
vote to go into a closed meeting.

Ms. Wolfe moved to go into closed session.

Ms. taeckens seconded the motion.

decision to go into closed session supported. 

Roll Call vote 

Aye:  Geri Taeckens, Margaret Wolfe, Michael Geno

Nay:  none

Abstention:  none

note: Mr. John scott did not vote because his appointment by governor
jennifer Granholm was just made and he has not yet signed the oath of office

*******Closed session is privileged attorney/client contact and protected by
the laws of the State of Michigan***********

The Commissioners reconvened the meeting into Open session at 11:25 a.m.
Open session began with Chair Pilarski and other Commissioners summarizing
the topics that were discussed in the closed session. Chair Pilarski stated
that there was discussion regarding the handling of public comment.  Mr.
Geno stated that there was discussion regarding the Board relationship with
the Director.

There was also discussion on how Commissioners can more effectively review
and act upon recommendations from Administrative Law Judges (ALJs) for cases
that are brought before the Commission.  Ms. Barbara Schmidt provided a
summary of the role of the Board regarding civil service employees.  It was
also stated that the Commissioners cannot communicate with any party
involved in litigation with the Commission. 

Public Comment

Mr. Terry Eagle questioned why Commissioner Scott was not allowed to vote
and why he would be attending a meeting in which he was not allowed to vote.
Commissioner Scott explained that even though he is appointed, he has not
yet signed his oath of office and therefore could not vote.  

Mr. Joe Sontag expressed that there are some suspicions among the blind
community that the RSA report is not being made available to the public.
The Commissioners responded by saying that the final report has not been
made available to them yet.  Director Cannon stated that the Commission has
received a draft report to which it has responded and is awaiting RSA's
final report. When the RSA final report is issued it will be broadly
distributed by the Commission.

Mr. Fred Wurtzel stated that PA 260 directly refers to the OMA in which it
says that a closed meeting may be held to review personnel issues.  He went
on to say that there is no layer between the Director and staff, so there is
no oversight review system.  The second concern he raised was with regards
to the review duties as prescribed in PA 260 for the Commission Board to do
an evaluation of the Director. He stated that he would expect that the
Director be evaluated on the same basis as all other state employees.  

Adjournment

Ms. Taeckens moved to adjourn, 

Ms. Wolfe supported. The motion passed unanimously.

The meeting was adjourned at 11:54 a.m.

_______________________________

Chair Jo Ann Pilarski

Date:-------------------------___________________________        
_______________________________________________
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