[nfbmi-talk] Fw: mi silc important oma

Fri Oct 24 12:19:08 UTC 2014

----- Original Message ----- 
From: joe harcz Comcast 
To: Sara Grivetti 
Sent: Friday, October 24, 2014 8:14 AM
Subject: Re: mi silc important oma

The important issue is that all final SILC decisions must be made in the public with a recorded vote.

thank you.

Joe Harcz
  ----- Original Message ----- 
  From: Sara Grivetti 
  To: joe harcz Comcast ; Sarah Gravetti silc mcrs mcil 
  Cc: Tracy Brown ; Timothy Beatty RSA ; BRIAN SABOURIN ; Elmer Cerano MPAS ; Rodney Craig 
  Sent: Friday, October 24, 2014 8:02 AM
  Subject: RE: mi silc important oma

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  Dear Mr. Harcz,

  Thank you for your e-mail dated October 19, 2014. SILC honors the notion of full transparency to members of the public and we are researching the potential violation to the Michigan Open Meeting Act. If we unintentionally violated the Act we will rectify this matter at the November 21, 2014 SILC Business Meeting and ensure that all information discussed in that portion of the meeting will be made public. 

  Sincerely,

  Sara Grivetti, Chair

  Michigan Statewide Independent Living Council

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Sunday, October 19, 2014 11:58 AM
  To: Sarah Gravetti silc mcrs mcil
  Cc: Tracy Brown; Timothy Beatty RSA; BRIAN SABOURIN; Elmer Cerano MPAS
  Subject: mi silc important oma

  October 19 2014 on MI SILC Closed Session

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  joeharcz at comcast.net

  810-516-5262

  To:

  Sarah Gravettie, Chair Mich. SILC

  (And others)

  (Via e-mail)

  Dear Ms. Gravetti,

  I wish to point your attention to several issues related to following the Michigan Open Meetings Act which I think has been violated on several occasions recently. I trust that you and Tracy would send this on to each and every member of the SILC and that you would in a timely manner answer in written form these and other concerns in accessible format (as I’m blind, which is to send me a written e-mail response.)

  Again the following are not the only issues I have in these regards but are a start:

  (This is from the CART of the Sept. 11, 2014 MI SILC meeting with SILC Chair Sarah Gravetti speakingJ

  “what I want to do now is the SILC needs to go into a closed session of the Council.  And those members that are allowed to stay in the room at this point from 11:20 until 12:00 are members that have been appointed by the Governor as either Council members or ex‑officio members or staff of the Council at this point.  

     So we ask that all of our guests step out to grab a cup of coffee, maybe grab a coffee here before you walk out.  But are going to be hanging up on the phone line and then we will have this closed session from 11:20‑12:00.  If we do end it early we will open the doors back up and everybody can come back in, then we will have lunch right at 12:00.  And if lunch is served before we end and you want to help yourself to it, but I don't think the silverware is out, never mind, forget that one.  I'm trying to accommodate the guests so you don't feel lost in the next 40 minutes.  So if we can take a minute to clear the room of all of our guests and we will let you know when the meeting resumes.

     >> Joe: Madam Chair, can I present a point of order?

     >> Sara: No.  I think only Council members are allowed to put in a point of order.

     >> Joe: Well, ma'am, under the Michigan Open Meetings Act the expressed purpose ‑‑ 

     >> Sara: Again, at this point ‑‑ 

     >> Joe: It needs to be announced.

     >> Sara: What was that, Joe?  It is on the agenda.

     >> Joe: I think the Michigan Open Meetings Act, the express purpose for the closed session needs to be announced.

     >> Sara: Yes.  And on our agenda it's addressed as an employment issue.

     [Closed session meeting begins at 11:28 a.m.]

     [Public meeting continues at 12:26 p.m.]””

  Now all, if people look at the Section from the OMA after my signature line you  will see a few violations at this meeting on this issue alone. (Mind you there are other violations too.)

  But one thing there was no and I repeat no precise purpose stated as a motion for this closed session. And there was no required “roll call vote” of members let alone the required 2/3 vote as the OMA requires. Nor were minutes kept to my knoledge.

  Moreover, as stated above non-voting personnel (ex-officio) were in on this closed session. What in the world gives here?

  In addition while there are clearly reasons for closed sessions all SILC final decisions must be made openly, in the public and by vote of all members. In other words decisions cannot be made legally in closed sessions. The final SILC decisions must be made in the public and by votes of all voting members of the SILC and not just the Executive Committee!

  Sincerely,

  Paul Joseph Harcz, Jr.

  Cc: TB, MI SILC

  Cc: TB, RSA

  Cc: several

  Attachment:

  (Just one relevant section from the OMAJ

  15.267. Closed sessions; vote, minutes

  Sec. 7. (1) A 2/3 roll call vote of members elected or appointed and serving is required to call a closed session, except for the closed sessions permitted

  under sections 8(a), (b), (c), (g), (i) and (j). The roll call vote and the purpose or purposes for calling the closed session shall be entered into the

  minutes of the meeting at which the vote is taken.

  (2) A separate set of minutes shall be taken by the clerk or the designated secretary of the public body at the closed session. These minutes shall be retained

  by the clerk of the public body, are not available to the public, and shall only be disclosed if required by a civil action filed under sections 10, 11,

  or 13. These minutes may be destroyed 1 year and 1 day after approval of the minutes of the regular meeting at which the closed session was approved.

  15.268. Closed session; purposes

  Sec. 8. A public body may meet in a closed session only for the following purposes:

  (a) To consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, or to consider a periodic personnel evaluation

  of, a public officer, employee, staff member, or individual agent, if the named person requests a closed hearing. A person requesting a closed hearing

  may rescind the request at any time, in which case the matter at issue shall be considered after the recission only in open sessions.

  (b) To consider the dismissal, suspension, or disciplining of a student if the public body is part of the school district, intermediate school district,

  or institution of higher education that the student is attending, and if the student or the student's parent or guardian requests a closed hearing.

  (c) For strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement if either negotiating party requests a closed

  hearing.

  (d) To consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained.

  (e) To consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation, but only if an open meeting would

  have a detrimental financial effect on the litigating or settlement position of the public body.

  (f) To review and consider the contents of an application for employment or appointment to a public office if the candidate requests that the application

  remain confidential. However, except as otherwise provided in this subdivision, all interviews by a public body for employment or appointment to a public

  office shall be held in an open meeting pursuant to this act. This subdivision does not apply to a public office described in subdivision (j).

  (g) Partisan caucuses of members of the state legislature.

  (h) To consider material exempt from discussion or disclosure by state or federal statute.

  (i) For a compliance conference conducted by the department of commerce under section 16231 of the public health code, Act No. 368 of the Public Acts of

  1978, being section 333.16231 of the Michigan Compiled Laws, before a complaint is issued.

  (j) In the process of searching for and selecting a president of an institution of higher education established under section 4, 5, or 6 of article viii

  of the state constitution of 1963, to review the specific contents of an application, to conduct an interview with a candidate, or to discuss the specific

  qualifications of a candidate if the particular process of searching for and selecting a president of an institution of higher education meets all of the

  following requirements:

  (i) The search committee in the process, appointed by the governing board, consists of at least 1 student of the institution, 1 faculty member of the institution,

  1 administrator of the institution, 1 alumnus of the institution, and 1 representative of the general public. The search committee also may include 1 or

  more members of the governing board of the institution, but the number shall not constitute a quorum of the governing board. However, the search committee

  shall not be constituted in such a way that any 1 of the groups described in this subparagraph constitutes a majority of the search committee.

  (ii) After the search committee recommends the 5 final candidates, the governing board does not take a vote on a final selection for the president until

  at least 30 days after the 5 final candidates have been publicly identified by the search committee.

  (iii) The deliberations and vote of the governing board of the institution on selecting the president take place in an open session of the governing board.

  15.269. Minutes; contents,