[Vendorsmi] Open Meeting Act Revisited

[Terry Eagle]

Great job and good points Joe.  This nothing new for Rob Essenberh and his
significant other Constance Zanger.  Violation of the OMA is already in
litigation from the secret actions of these two with regard to the EOC AD
Hoc Subcommittee on the Anderson building cafeteria bid meetings, in which
they excluded Andrea Nelson, a subcommittee member, as well as the public
including me.

 

In addition,  they have been holding  secret meetings between  BEP
management, Rob Essenberg, and Steve Zoot, to draft the new BS4BP BEP
administrative rules, which  is another example of a recent OMA violation
that will be litigated.

 

We all know Rob Essenberg represents BEP management, not the BEP vendors who
elected him.  Bep vendors get and deserve that which they vote to represent
them-sell-out and a lost BEP for blind persons.  Say Hello to Peckham and
the private sector where they believe profitability is possible.  

 

  _____  

From: Vendorsmi [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe
Sontag
Sent: Monday, December 17, 2012 10:14 AM
To: VENDORSMI List
Cc: Lucy Edmonds; garsvend at comcast.net; James Chaney; Mike Zimmer; steven
langtry; Greg Keathley; Robert Essenberg; Connie Zanger; Shane Jackson;
Garnet Prentice; Jennifer Doroh; Hazell Brooks; James Hull;
dlayer8954 at yahoo.com; gregkeathley at yahoo.com; Lisa L. Weber; Dale Layer;
Rodgers,Edward (LARA)
Subject: [Vendorsmi] Open Meeting Act Revisited

 

An attempt was made to prevent me from speaking during the afternoon public
comment period on the 12/15/2012 Elected Operators' Committee meeting
agenda.  It seems acting Chairperson Essenberg took it upon himself to
require anyone who is not a member of the EOC and who wished to speak during
any portion of this EOC meeting to identify her/himself to him at a certain
point in the first hour or so of the meeting or be forbidden to speak under
any circumstances during the rest of the meeting.  While the Open Meetings
Act allows a public body to establish rules to be followed by those who wish
to address it, the rules must be established and recorded; and the
on-the-fly "rule" was not a posted matter of Committee business, was not
recorded or published prior to the meeting and is no different from
requiring people attending an EOC meeting to register, a practice forbidden
by the Open Meetings Act of 1976, by which the Committee is bound.  Thanks
to James Chaney, I was permitted to say a few words about HB6006 and some of
my experiences gained while talking to various Representatives and their
Staff.

 

This is the second time in the past two months that the OMA has been
violated by BSBP and the EOC in an apparent effort to intimidate or harass
me and to keep the truth from getting out, a strategy guaranteed to fail
ultimately.  BSBP is responsible for the administration of the Business
Enterprise Program by promulgated rule.

 

Here is the OMA in all its glory.  I have placed a double asterisk by those
sections of the Act that seem to be misunderstood, however deliberately, by
BSBP Staff and those on the Committee who choose to serve the Agency instead
of serving the operators who voted them into their positions of trust.
Hint: it is much easier to conduct a truly open meeting when you decide in
advance to not worry about who will attend it, what anyone might say
publicly about anything relevant to the public body or business that
properly comes before it and that your conduct during the meeting will not
be controlled by your feelings about certain individuals, their politics,
your personal agenda etc.

 

Joe Sontag

 

OPEN MEETINGS ACT
Act 267 of 1976
AN ACT to require certain meetings of certain public bodies to be open to
the public;
to require notice and the keeping of minutes of meetings; to provide for
enforcement;
to provide for invalidation of governmental decisions under certain
circumstances;
to provide penalties; and to repeal certain acts and parts of acts.
History: 1976, Act 267, Eff. Mar. 31, 1977
C 2009 Legislative Council, State of Michigan
The People of the State of Michigan enact:
15.261 Short title; effect of act on certain charter provisions, ordinances,
or resolutions.
Sec. 1.
(1) This act shall be known and may be cited as the "Open meetings act".
(2) This act shall supersede all local charter provisions, ordinances, or
resolutions
which relate to requirements for meetings of local public bodies to be open
to the
public.
(3) After the effective date of this act, nothing in this act shall prohibit
a public
body from adopting an ordinance, resolution, rule, or charter provision
which would
require a greater degree of openness relative to meetings of public bodies
than the
standards provided for in this act.
History: 1976, Act 267, Eff. Mar. 31, 1977
C 2009 Legislative Council, State of Michigan
15.262 Definitions.
Sec. 2.
As used in this act:
(a) "Public body" means any state or local legislative or governing body,
including
a board, commission, committee, subcommittee, authority, or council, that is
empowered
by state constitution, statute, charter, ordinance, resolution, or rule to
exercise
governmental or proprietary authority or perform a governmental or
proprietary function;
a lessee of such a body performing an essential public purpose and function
pursuant
to the lease agreement; or the board of a nonprofit corporation formed by a
city
under section 4o of the home rule city act, 1909 PA 279, MCL 117.4o.
(b) "Meeting" means the convening of a public body at which a quorum is
present for
the purpose of deliberating toward or rendering a decision on a public
policy, or
any meeting of the board of a nonprofit corporation formed by a city under
section
4o of the home rule city act, 1909 PA 279, MCL 117.4o.
(c) "Closed session" means a meeting or part of a meeting of a public body
that is
closed to the public.
(d) "Decision" means a determination, action, vote, or disposition upon a
motion,
proposal, recommendation, resolution, order, ordinance, bill, or measure on
which
a vote by members of a public body is required and by which a public body
effectuates
or formulates public policy.
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 2001, Act 38, Imd. Eff.
July 11,
2001
C 2009 Legislative Council, State of Michigan
15.263 Meetings, decisions, and deliberations of public body; requirements;
attending
or addressing meeting of public body; tape-recording, videotaping,
broadcasting,
and telecasting proceedings; rules and regulations; exclusion from meeting;
exemptions.
**Sec. 3.
(1) All meetings of a public body shall be open to the public and shall be
held in
a place available to the general public. All persons shall be permitted to
attend
any meeting except as otherwise provided in this act. The right of a person
to attend
a meeting of a public body includes the right to tape-record, to videotape,
to broadcast
live on radio, and to telecast live on television the proceedings of a
public body
at a public meeting. The exercise of this right shall not be dependent upon
the prior
approval of the public body. However, a public body may establish reasonable
rules
and regulations in order to minimize the possibility of disrupting the
meeting.
(2) All decisions of a public body shall be made at a meeting open to the
public.
(3) All deliberations of a public body constituting a quorum of its members
shall
take place at a meeting open to the public except as provided in this
section and
sections 7 and 8.
**(4) A person shall not be required as a condition of attendance at a
meeting of a
public body to register or otherwise provide his or her name or other
information
or otherwise to fulfill a condition precedent to attendance.
**(5) A person shall be permitted to address a meeting of a public body
under rules
established and recorded by the public body. The legislature or a house of
the legislature
may provide by rule that the right to address may be limited to prescribed
times
at hearings and committee meetings only.
(6) A person shall not be excluded from a meeting otherwise open to the
public except
for a breach of the peace actually committed at the meeting.
(7) This act does not apply to the following public bodies only when
deliberating
the merits of a case:
(a) The worker's compensation appeal board created under the worker's
disability
compensation act of 1969, Act No. 317 of the Public Acts of 1969, as
amended, being
sections 418.101 to 418.941 of the Michigan Compiled Laws.
(b) The employment security board of review created under the Michigan
employment
security act, Act No. 1 of the Public Acts of the Extra Session of 1936, as
amended,
being sections 421.1 to 421.73 of the Michigan Compiled Laws.
(c) The state tenure commission created under Act No. 4 of the Public Acts
of the
Extra Session of 1937, as amended, being sections 38.71 to 38.191 of the
Michigan
Compiled Laws, when acting as a board of review from the decision of a
controlling
board.
(d) An arbitrator or arbitration panel appointed by the employment relations
commission
under the authority given the commission by Act No. 176 of the Public Acts
of 1939,
as amended, being sections 423.1 to 423.30 of the Michigan Compiled Laws.
(e) An arbitration panel selected under chapter 50A of the revised
judicature act
of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.5040 to
600.5065
of the Michigan Compiled Laws.
(f) The Michigan public service commission created under Act No. 3 of the
Public
Acts of 1939, being sections 460.1 to 460.8 of the Michigan Compiled Laws.
(8) This act does not apply to an association of insurers created under the
insurance
code of 1956, Act No. 218 of the Public Acts of 1956, being sections 500.100
to 500.8302
of the Michigan Compiled Laws, or other association or facility formed under
Act
No. 218 of the Public Acts of 1956 as a nonprofit organization of insurer
members.
(9) This act does not apply to a committee of a public body which adopts a
nonpolicymaking
resolution of tribute or memorial which resolution is not adopted at a
meeting.
**(10) This act does not apply to a meeting which is a social or chance
gathering or
conference not designed to avoid this act.
(11) This act shall not apply to the Michigan veterans' trust fund board of
trustees
or a county or district committee created under Act No. 9 of the Public Acts
of the
first extra session of 1946, being sections 35.601 to 35.610 of the Michigan
Compiled
Laws, when the board of trustees or county or district committee is
deliberating
the merits of an emergent need. A decision of the board of trustees or
county or
district committee made under this subsection shall be reconsidered by the
board
or committee at its next regular or special meeting consistent with the
requirements
of this act. "Emergent need" means a situation which the board of trustees,
by rules
promulgated under the administrative procedures act of 1969, Act No. 306 of
the Public
Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan
Compiled
Laws, determines requires immediate action.
History:
 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1981, Act 161, Imd. Eff. Nov. 30,
1981
;-- Am. 1986, Act 269, Imd. Eff. Dec. 19, 1986 ;-- Am. 1988, Act 158, Imd.
Eff. June
14, 1988 ;-- Am. 1988, Act 278, Imd. Eff. July 27, 1988
Admin Rule: R 35.621 of the Michigan Administrative Code.
C 2009 Legislative Council, State of Michigan
15.264 Public notice of meetings generally; contents; places of posting.
**Sec. 4.
The following provisions shall apply with respect to public notice of
meetings:
(a) A public notice shall always contain the name of the public body to
which the
notice applies, its telephone number if one exists, and its address.
(b) A public notice for a public body shall always be posted at its
principal office
and any other locations considered appropriate by the public body. Cable
television
may also be utilized for purposes of posting public notice.
(c) If a public body is a part of a state department, part of the
legislative or
judicial branch of state government, part of an institution of higher
education,
or part of a political subdivision or school district, a public notice shall
also
be posted in the respective principal office of the state department, the
institution
of higher education, clerk of the house of representatives, secretary of the
state
senate, clerk of the supreme court, or political subdivision or school
district.
(d) If a public body does not have a principal office, the required public
notice
for a local public body shall be posted in the office of the county clerk in
which
the public body serves and the required public notice for a state public
body shall
be posted in the office of the secretary of state.
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1984, Act 87, Imd. Eff.
Apr. 19,
1984
C 2009 Legislative Council, State of Michigan
15.265 Public notice of regular meetings, change in schedule of regular
meetings,
rescheduled regular meetings, or special meetings; time for posting;
statement of
date, time, and place; applicability of subsection (4); recess or
adjournment; emergency
sessions; meeting in residential dwelling; notice.
**Sec. 5.
(1) A meeting of a public body shall not be held unless public notice is
given as
provided in this section by a person designated by the public body.
(2) For regular meetings of a public body, there shall be posted within 10
days after
the first meeting of the public body in each calendar or fiscal year a
public notice
stating the dates, times, and places of its regular meetings.
(3) If there is a change in the schedule of regular meetings of a public
body, there
shall be posted within 3 days after the meeting at which the change is made,
a public
notice stating the new dates, times, and places of its regular meetings.
(4) Except as provided in this subsection or in subsection (6), for a
rescheduled
regular or a special meeting of a public body, a public notice stating the
date,
time, and place of the meeting shall be posted at least 18 hours before the
meeting.
The requirement of 18-hour notice shall not apply to special meetings of
subcommittees
of a public body or conference committees of the state legislature. A
conference
committee shall give a 6-hour notice. A second conference committee shall
give a
1-hour notice. Notice of a conference committee meeting shall include
written notice
to each member of the conference committee and the majority and minority
leader of
each house indicating time and place of the meeting. This subsection does
not apply
to a public meeting held pursuant to section 4(2) to (5) of Act No. 239 of
the Public
Acts of 1955, as amended, being section 200.304 of the Michigan Compiled
Laws.
(5) A meeting of a public body which is recessed for more than 36 hours
shall be
reconvened only after public notice, which is equivalent to that required
under subsection
(4), has been posted. If either house of the state legislature is adjourned
or recessed
for less than 18 hours, the notice provisions of subsection (4) are not
applicable.
Nothing in this section shall bar a public body from meeting in emergency
session
in the event of a severe and imminent threat to the health, safety, or
welfare of
the public when 2/3 of the members serving on the body decide that delay
would be
detrimental to efforts to lessen or respond to the threat.
(6) A meeting of a public body may only take place in a residential dwelling
if a
nonresidential building within the boundary of the local governmental unit
or school
system is not available without cost to the public body. For a meeting of a
public
body which is held in a residential dwelling, notice of the meeting shall be
published
as a display advertisement in a newspaper of general circulation in the city
or township
in which the meeting is to be held. The notice shall be published not less
than 2
days before the day on which the meeting is held, and shall state the date,
time,
and place of the meeting. The notice, which shall be at the bottom of the
display
advertisement and which shall be set off in a conspicuous manner, shall
include the
following language: "This meeting is open to all members of the public under
Michigan's
open meetings act".
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1978, Act 256, Imd. Eff.
June
21, 1978 ;-- Am. 1982, Act 134, Imd. Eff. Apr. 22, 1982 ;-- Am. 1984, Act
167, Imd.
Eff. June 29, 1984
C 2009 Legislative Council, State of Michigan
15.266 Providing copies of public notice on written request; fee.
Sec. 6.
(1) Upon the written request of an individual, organization, firm, or
corporation,
and upon the requesting party's payment of a yearly fee of not more than the
reasonable
estimated cost for printing and postage of such notices, a public body shall
send
to the requesting party by first class mail a copy of any notice required to
be posted
pursuant to section 5(2) to (5).
(2) Upon written request, a public body, at the same time a public notice of
a meeting
is posted pursuant to section 5, shall provide a copy of the public notice
of that
meeting to any newspaper published in the state and to any radio and
television station
located in the state, free of charge.
History: 1976, Act 267, Eff. Mar. 31, 1977
C 2009 Legislative Council, State of Michigan
15.267 Closed sessions; roll call vote; separate set of 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
section
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 section 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.
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1993, Act 81, Eff. Apr.
1, 1994
;-- Am. 1996, Act 464, Imd. Eff. Dec. 26, 1996
C 2009 Legislative Council, State of Michigan
15.268 Closed sessions; permissible 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
rescission
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.
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1984, Act 202, Imd. Eff.
July
3, 1984 ;-- Am. 1993, Act 81, Eff. Apr. 1, 1994 ;-- Am. 1996, Act 464, Imd.
Eff.
Dec. 26, 1996
C 2009 Legislative Council, State of Michigan
15.269 Minutes.
**Sec. 9.
(1) Each public body shall keep minutes of each meeting showing the date,
time, place,
members present, members absent, any decisions made at a meeting open to the
public,
and the purpose or purposes for which a closed session is held. The minutes
shall
include all roll call votes taken at the meeting. The public body shall make
any
corrections in the minutes at the next meeting after the meeting to which
the minutes
refer. The public body shall make corrected minutes available at or before
the next
subsequent meeting after correction. The corrected minutes shall show both
the original
entry and the correction.
(2) Minutes are public records open to public inspection, and a public body
shall
make the minutes available at the address designated on posted public
notices pursuant
to section 4. The public body shall make copies of the minutes available to
the public
at the reasonable estimated cost for printing and copying.
(3) A public body shall make proposed minutes available for public
inspection within
8 business days after the meeting to which the minutes refer. The public
body shall
make approved minutes available for public inspection within 5 business days
after
the meeting at which the minutes are approved by the public body.
(4) A public body shall not include in or with its minutes any personally
identifiable
information that, if released, would prevent the public body from complying
with
section 444 of subpart 4 of part C of the general education provisions act,
20 USC
1232g, commonly referred to as the family educational rights and privacy act
of 1974.
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1982, Act 130, Imd. Eff.
Apr.
20, 1982 ;-- Am. 2004, Act 305, Imd. Eff. Aug. 11, 2004
C 2009 Legislative Council, State of Michigan
15.270 Decisions of public body; presumption; civil action to invalidate;
jurisdiction;
venue; reenactment of disputed decision.
**Sec. 10.
(1) Decisions of a public body shall be presumed to have been adopted in
compliance
with the requirements of this act. The attorney general, the prosecuting
attorney
of the county in which the public body serves, or any person may commence a
civil
action in the circuit court to challenge the validity of a decision of a
public body
made in violation of this act.
(2) A decision made by a public body may be invalidated if the public body
has not
complied with the requirements of section 3(1), (2), and (3) in making the
decision
or if failure to give notice in accordance with section 5 has interfered
with substantial
compliance with section 3(1), (2), and (3) and the court finds that the
noncompliance
or failure has impaired the rights of the public under this act.
(3) The circuit court shall not have jurisdiction to invalidate a decision
of a public
body for a violation of this act unless an action is commenced pursuant to
this section
within the following specified period of time:
(a) Within 60 days after the approved minutes are made available to the
public by
the public body except as otherwise provided in subdivision (b).
(b) If the decision involves the approval of contracts, the receipt or
acceptance
of bids, the making of assessments, the procedures pertaining to the
issuance of
bonds or other evidences of indebtedness, or the submission of a borrowing
proposal
to the electors, within 30 days after the approved minutes are made
available to
the public pursuant to that decision.
(4) Venue for an action under this section shall be any county in which a
local public
body serves or, if the decision of a state public body is at issue, in
Ingham county.
(5) In any case where an action has been initiated to invalidate a decision
of a
public body on the ground that it was not taken in conformity with the
requirements
of this act, the public body may, without being deemed to make any admission
contrary
to its interest, reenact the disputed decision in conformity with this act.
A decision
reenacted in this manner shall be effective from the date of reenactment and
shall
not be declared invalid by reason of a deficiency in the procedure used for
its initial
enactment.
History: 1976, Act 267, Eff. Mar. 31, 1977
C 2009 Legislative Council, State of Michigan
15.271 Civil action to compel compliance or enjoin noncompliance;
commencement; venue;
security not required; commencement of action for mandamus; court costs and
attorney
fees.
**Sec. 11.
(1) If a public body is not complying with this act, the attorney general,
prosecuting
attorney of the county in which the public body serves, or a person may
commence
a civil action to compel compliance or to enjoin further noncompliance with
this
act.
(2) An action for injunctive relief against a local public body shall be
commenced
in the circuit court, and venue is proper in any county in which the public
body
serves. An action for an injunction against a state public body shall be
commenced
in the circuit court and venue is proper in any county in which the public
body has
its principal office, or in Ingham county. If a person commences an action
for injunctive
relief, that person shall not be required to post security as a condition
for obtaining
a preliminary injunction or a temporary restraining order.
(3) An action for mandamus against a public body under this act shall be
commenced
in the court of appeals.
(4) If a public body is not complying with this act, and a person commences
a civil
action against the public body for injunctive relief to compel compliance or
to enjoin
further noncompliance with the act and succeeds in obtaining relief in the
action,
the person shall recover court costs and actual attorney fees for the
action.
History: 1976, Act 267, Eff. Mar. 31, 1977
C 2009 Legislative Council, State of Michigan
15.272 Violation as misdemeanor; penalty.
Sec. 12.
(1) A public official who intentionally violates this act is guilty of a
misdemeanor
punishable by a fine of not more than $1,000.00.
(2) A public official who is convicted of intentionally violating a
provision of
this act for a second time within the same term shall be guilty of a
misdemeanor
and shall be fined not more than $2,000.00, or imprisoned for not more than
1 year,
or both.
History: 1976, Act 267, Eff. Mar. 31, 1977
C 2009 Legislative Council, State of Michigan
15.273 Violation; liability.
**Sec. 13.
(1) A public official who intentionally violates this act shall be
personally liable
in a civil action for actual and exemplary damages of not more than $500.00
total,
plus court costs and actual attorney fees to a person or group of persons
bringing
the action.
(2) Not more than 1 action under this section shall be brought against a
public official
for a single meeting. An action under this section shall be commenced within
180
days after the date of the violation which gives rise to the cause of
action.
(3) An action for damages under this section may be joined with an action
for injunctive
or exemplary relief under section 11.
History: 1976, Act 267, Eff. Mar. 31, 1977
C 2009 Legislative Council, State of Michigan
15.273a Selection of president by governing board of higher education
institution;
violation; civil fine.
Sec. 13a.
If the governing board of an institution of higher education established
under section
4, 5, or 6 of article VIII of the state constitution of 1963 violates this
act with
respect to the process of selecting a president of the institution at any
time after
the recommendation of final candidates to the governing board, as described
in section
8(j), the institution is responsible for the payment of a civil fine of not
more
than $500,000.00. This civil fine is in addition to any other remedy or
penalty under
this act. To the extent possible, any payment of fines imposed under this
section
shall be paid from funds allocated by the institution of higher education to
pay
for the travel and expenses of the members of the governing board.
History: Add. 1996, Act 464, Imd. Eff. Dec. 26, 1996
C 2009 Legislative Council, State of Michigan
15.274 Repeal of MCL 15.251 to 15.253.
Sec. 14.
Act No. 261 of the Public Acts of 1968, being sections 15.251 to 15.253 of
the Compiled
Laws of 1970, is repealed.
History: 1976, Act 267, Eff. Mar. 31, 1977
C 2009 Legislative Council, State of Michigan
15.275 Effective date.
Sec. 15.
This act shall take effect January 1, 1977.
History: 1976, Act 267, Eff. Mar. 31, 1977
C 2009 Legislative Council, State of Michigan
Rendered 12/15/2012 20:30:45

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