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<p class=MsoNormal><font size=2 color=black face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:black'>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 <st1:place w:st="on"><st1:City w:st="on">Anderson</st1:City></st1:place>
building cafeteria bid meetings, in which they excluded Andrea Nelson, a subcommittee
member, as well as the public including me.<o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=black face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:black'><o:p> </o:p></span></font></p>
<p class=MsoNormal><font size=2 color=black face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:black'>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.<o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=black face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:black'><o:p> </o:p></span></font></p>
<p class=MsoNormal><font size=2 color=black face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:black'>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. <o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=black face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:black'><o:p> </o:p></span></font></p>
<div>
<div class=MsoNormal align=center style='text-align:center'><font size=3
face="Times New Roman"><span style='font-size:12.0pt'>
<hr size=2 width="100%" align=center tabindex=-1>
</span></font></div>
<p class=MsoNormal><b><font size=2 face=Tahoma><span style='font-size:10.0pt;
font-family:Tahoma;font-weight:bold'>From:</span></font></b><font size=2
face=Tahoma><span style='font-size:10.0pt;font-family:Tahoma'> Vendorsmi
[mailto:vendorsmi-bounces@nfbnet.org] <b><span style='font-weight:bold'>On
Behalf Of </span></b>Joe Sontag<br>
<b><span style='font-weight:bold'>Sent:</span></b> Monday, December 17, 2012
10:14 AM<br>
<b><span style='font-weight:bold'>To:</span></b> VENDORSMI List<br>
<b><span style='font-weight:bold'>Cc:</span></b> Lucy Edmonds;
garsvend@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@yahoo.com; gregkeathley@yahoo.com;
Lisa L. Weber; Dale Layer; Rodgers,Edward (LARA)<br>
<b><span style='font-weight:bold'>Subject:</span></b> [Vendorsmi] Open Meeting
Act Revisited</span></font><o:p></o:p></p>
</div>
<p class=MsoNormal><font size=3 face="Times New Roman"><span style='font-size:
12.0pt'><o:p> </o:p></span></font></p>
<div>
<p class=MsoNormal><font size=2 face=Arial><span style='font-size:10.0pt;
font-family:Arial'>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.</span></font><o:p></o:p></p>
</div>
<div>
<p class=MsoNormal><font size=3 face="Times New Roman"><span style='font-size:
12.0pt'> <o:p></o:p></span></font></p>
</div>
<div>
<p class=MsoNormal><font size=2 face=Arial><span style='font-size:10.0pt;
font-family:Arial'>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.</span></font><o:p></o:p></p>
</div>
<div>
<p class=MsoNormal><font size=3 face="Times New Roman"><span style='font-size:
12.0pt'> <o:p></o:p></span></font></p>
</div>
<div>
<p class=MsoNormal><font size=2 face=Arial><span style='font-size:10.0pt;
font-family:Arial'>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.</span></font><o:p></o:p></p>
</div>
<div>
<p class=MsoNormal><font size=3 face="Times New Roman"><span style='font-size:
12.0pt'> <o:p></o:p></span></font></p>
</div>
<div>
<p class=MsoNormal><font size=2 face=Arial><span style='font-size:10.0pt;
font-family:Arial'>Joe Sontag</span></font><o:p></o:p></p>
</div>
<div>
<p class=MsoNormal><font size=3 face="Times New Roman"><span style='font-size:
12.0pt'> <o:p></o:p></span></font></p>
</div>
<div>
<p class=MsoNormal><font size=2 face=Arial><span style='font-size:10.0pt;
font-family:Arial'>OPEN MEETINGS ACT<br>
Act 267 of 1976<br>
AN ACT to require certain meetings of certain public bodies to be open to the public;<br>
to require notice and the keeping of minutes of meetings; to provide for
enforcement;<br>
to provide for invalidation of governmental decisions under certain
circumstances;<br>
to provide penalties; and to repeal certain acts and parts of acts.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
The People of the State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State>
enact:<br>
15.261 Short title; effect of act on certain charter provisions, ordinances, or
resolutions.<br>
Sec. 1.<br>
(1) This act shall be known and may be cited as the “Open meetings
act”.<br>
(2) This act shall supersede all local charter provisions, ordinances, or
resolutions<br>
which relate to requirements for meetings of local public bodies to be open to
the<br>
public.<br>
(3) After the effective date of this act, nothing in this act shall prohibit a
public<br>
body from adopting an ordinance, resolution, rule, or charter provision which
would<br>
require a greater degree of openness relative to meetings of public bodies than
the<br>
standards provided for in this act.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.262 Definitions.<br>
Sec. 2.<br>
As used in this act:<br>
(a) “Public body” means any state or local legislative or governing
body, including<br>
a board, commission, committee, subcommittee, authority, or council, that is
empowered<br>
by state constitution, statute, charter, ordinance, resolution, or rule to
exercise<br>
governmental or proprietary authority or perform a governmental or proprietary
function;<br>
a lessee of such a body performing an essential public purpose and function
pursuant<br>
to the lease agreement; or the board of a nonprofit corporation formed by a
city<br>
under section 4o of the home rule city act, 1909 PA 279, MCL 117.4o.<br>
(b) “Meeting” means the convening of a public body at which a
quorum is present for<br>
the purpose of deliberating toward or rendering a decision on a public policy,
or<br>
any meeting of the board of a nonprofit corporation formed by a city under
section<br>
4o of the home rule city act, 1909 PA 279, MCL 117.4o.<br>
(c) “Closed session” means a meeting or part of a meeting of a
public body that is<br>
closed to the public.<br>
(d) “Decision” means a determination, action, vote, or disposition
upon a motion,<br>
proposal, recommendation, resolution, order, ordinance, bill, or measure on which<br>
a vote by members of a public body is required and by which a public body
effectuates<br>
or formulates public policy.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 2001, Act 38, Imd. Eff. July
11,<br>
2001<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.263 Meetings, decisions, and deliberations of public body; requirements;
attending<br>
or addressing meeting of public body; tape-recording, videotaping,
broadcasting,<br>
and telecasting proceedings; rules and regulations; exclusion from meeting;
exemptions.<br>
**Sec. 3.<br>
(1) All meetings of a public body shall be open to the public and shall be held
in<br>
a place available to the general public. All persons shall be permitted to
attend<br>
any meeting except as otherwise provided in this act. The right of a person to
attend<br>
a meeting of a public body includes the right to tape-record, to videotape, to
broadcast<br>
live on radio, and to telecast live on television the proceedings of a public
body<br>
at a public meeting. The exercise of this right shall not be dependent upon the
prior<br>
approval of the public body. However, a public body may establish reasonable
rules<br>
and regulations in order to minimize the possibility of disrupting the meeting.<br>
(2) All decisions of a public body shall be made at a meeting open to the
public.<br>
(3) All deliberations of a public body constituting a quorum of its members
shall<br>
take place at a meeting open to the public except as provided in this section
and<br>
sections 7 and 8.<br>
**(4) A person shall not be required as a condition of attendance at a meeting
of a<br>
public body to register or otherwise provide his or her name or other
information<br>
or otherwise to fulfill a condition precedent to attendance.<br>
**(5) A person shall be permitted to address a meeting of a public body under
rules<br>
established and recorded by the public body. The legislature or a house of the
legislature<br>
may provide by rule that the right to address may be limited to prescribed
times<br>
at hearings and committee meetings only.<br>
(6) A person shall not be excluded from a meeting otherwise open to the public
except<br>
for a breach of the peace actually committed at the meeting.<br>
(7) This act does not apply to the following public bodies only when
deliberating<br>
the merits of a case:<br>
(a) The worker's compensation appeal board created under the worker's disability<br>
compensation act of 1969, Act No. 317 of the Public Acts of 1969, as amended,
being<br>
sections 418.101 to 418.941 of the Michigan Compiled Laws.<br>
(b) The employment security board of review created under the <st1:State w:st="on"><st1:place
w:st="on">Michigan</st1:place></st1:State> employment<br>
security act, Act No. 1 of the Public Acts of the Extra Session of 1936, as
amended,<br>
being sections 421.1 to 421.73 of the Michigan Compiled Laws.<br>
(c) The state tenure commission created under Act No. 4 of the Public Acts of
the<br>
Extra Session of 1937, as amended, being sections 38.71 to 38.191 of the <st1:State
w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
Compiled Laws, when acting as a board of review from the decision of a
controlling<br>
board.<br>
(d) An arbitrator or arbitration panel appointed by the employment relations
commission<br>
under the authority given the commission by Act No. 176 of the Public Acts of
1939,<br>
as amended, being sections 423.1 to 423.30 of the Michigan Compiled Laws.<br>
(e) An arbitration panel selected under chapter 50A of the revised judicature
act<br>
of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.5040 to
600.5065<br>
of the <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State>
Compiled Laws.<br>
(f) The <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State>
public service commission created under Act No. 3 of the Public<br>
Acts of 1939, being sections 460.1 to 460.8 of the Michigan Compiled Laws.<br>
(8) This act does not apply to an association of insurers created under the
insurance<br>
code of 1956, Act No. 218 of the Public Acts of 1956, being sections 500.100 to
500.8302<br>
of the <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State>
Compiled Laws, or other association or facility formed under Act<br>
No. 218 of the Public Acts of 1956 as a nonprofit organization of insurer
members.<br>
(9) This act does not apply to a committee of a public body which adopts a
nonpolicymaking<br>
resolution of tribute or memorial which resolution is not adopted at a meeting.<br>
**(10) This act does not apply to a meeting which is a social or chance
gathering or<br>
conference not designed to avoid this act.<br>
(11) This act shall not apply to the <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State>
veterans' trust fund board of trustees<br>
or a county or district committee created under Act No. 9 of the Public Acts of
the<br>
first extra session of 1946, being sections 35.601 to 35.610 of the Michigan
Compiled<br>
Laws, when the board of trustees or county or district committee is
deliberating<br>
the merits of an emergent need. A decision of the board of trustees or county
or<br>
district committee made under this subsection shall be reconsidered by the
board<br>
or committee at its next regular or special meeting consistent with the
requirements<br>
of this act. “Emergent need” means a situation which the board of
trustees, by rules<br>
promulgated under the administrative procedures act of 1969, Act No. 306 of the
Public<br>
Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan
Compiled<br>
Laws, determines requires immediate action.<br>
History:<br>
1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1981, Act 161, Imd. Eff. Nov.
30, 1981<br>
;-- Am. 1986, Act 269, Imd. Eff. Dec. 19, 1986 ;-- Am. 1988, Act 158, Imd. Eff.
June<br>
14, 1988 ;-- Am. 1988, Act 278, Imd. Eff. July 27, 1988<br>
Admin Rule: R 35.621 of the <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State>
Administrative Code.<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.264 Public notice of meetings generally; contents; places of posting.<br>
**Sec. 4.<br>
The following provisions shall apply with respect to public notice of meetings:<br>
(a) A public notice shall always contain the name of the public body to which
the<br>
notice applies, its telephone number if one exists, and its address.<br>
(b) A public notice for a public body shall always be posted at its principal
office<br>
and any other locations considered appropriate by the public body. Cable
television<br>
may also be utilized for purposes of posting public notice.<br>
(c) If a public body is a part of a state department, part of the legislative
or<br>
judicial branch of state government, part of an institution of higher
education,<br>
or part of a political subdivision or school district, a public notice shall
also<br>
be posted in the respective principal office of the state department, the
institution<br>
of higher education, clerk of the house of representatives, secretary of the
state<br>
senate, clerk of the supreme court, or political subdivision or school
district.<br>
(d) If a public body does not have a principal office, the required public
notice<br>
for a local public body shall be posted in the office of the county clerk in
which<br>
the public body serves and the required public notice for a state public body
shall<br>
be posted in the office of the secretary of state.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1984, Act 87, Imd. Eff. Apr.
19,<br>
1984<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.265 Public notice of regular meetings, change in schedule of regular
meetings,<br>
rescheduled regular meetings, or special meetings; time for posting; statement
of<br>
date, time, and place; applicability of subsection (4); recess or adjournment;
emergency<br>
sessions; meeting in residential dwelling; notice.<br>
**Sec. 5.<br>
(1) A meeting of a public body shall not be held unless public notice is given
as<br>
provided in this section by a person designated by the public body.<br>
(2) For regular meetings of a public body, there shall be posted within 10 days
after<br>
the first meeting of the public body in each calendar or fiscal year a public
notice<br>
stating the dates, times, and places of its regular meetings.<br>
(3) If there is a change in the schedule of regular meetings of a public body,
there<br>
shall be posted within 3 days after the meeting at which the change is made, a
public<br>
notice stating the new dates, times, and places of its regular meetings.<br>
(4) Except as provided in this subsection or in subsection (6), for a
rescheduled<br>
regular or a special meeting of a public body, a public notice stating the
date,<br>
time, and place of the meeting shall be posted at least 18 hours before the
meeting.<br>
The requirement of 18-hour notice shall not apply to special meetings of
subcommittees<br>
of a public body or conference committees of the state legislature. A
conference<br>
committee shall give a 6-hour notice. A second conference committee shall give
a<br>
1-hour notice. Notice of a conference committee meeting shall include written
notice<br>
to each member of the conference committee and the majority and minority leader
of<br>
each house indicating time and place of the meeting. This subsection does not
apply<br>
to a public meeting held pursuant to section 4(2) to (5) of Act No. 239 of the
Public<br>
Acts of 1955, as amended, being section 200.304 of the Michigan Compiled Laws.<br>
(5) A meeting of a public body which is recessed for more than 36 hours shall
be<br>
reconvened only after public notice, which is equivalent to that required under
subsection<br>
(4), has been posted. If either house of the state legislature is adjourned or
recessed<br>
for less than 18 hours, the notice provisions of subsection (4) are not
applicable.<br>
Nothing in this section shall bar a public body from meeting in emergency
session<br>
in the event of a severe and imminent threat to the health, safety, or welfare
of<br>
the public when 2/3 of the members serving on the body decide that delay would
be<br>
detrimental to efforts to lessen or respond to the threat.<br>
(6) A meeting of a public body may only take place in a residential dwelling if
a<br>
nonresidential building within the boundary of the local governmental unit or
school<br>
system is not available without cost to the public body. For a meeting of a
public<br>
body which is held in a residential dwelling, notice of the meeting shall be
published<br>
as a display advertisement in a newspaper of general circulation in the city or
township<br>
in which the meeting is to be held. The notice shall be published not less than
2<br>
days before the day on which the meeting is held, and shall state the date,
time,<br>
and place of the meeting. The notice, which shall be at the bottom of the
display<br>
advertisement and which shall be set off in a conspicuous manner, shall include
the<br>
following language: “This meeting is open to all members of the public
under <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State>'s<br>
open meetings act”.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1978, Act 256, Imd. Eff.
June<br>
21, 1978 ;-- Am. 1982, Act 134, Imd. Eff. Apr. 22, 1982 ;-- Am. 1984, Act 167,
Imd.<br>
Eff. June 29, 1984<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.266 Providing copies of public notice on written request; fee.<br>
Sec. 6.<br>
(1) Upon the written request of an individual, organization, firm, or
corporation,<br>
and upon the requesting party's payment of a yearly fee of not more than the
reasonable<br>
estimated cost for printing and postage of such notices, a public body shall
send<br>
to the requesting party by first class mail a copy of any notice required to be
posted<br>
pursuant to section 5(2) to (5).<br>
(2) Upon written request, a public body, at the same time a public notice of a
meeting<br>
is posted pursuant to section 5, shall provide a copy of the public notice of
that<br>
meeting to any newspaper published in the state and to any radio and television
station<br>
located in the state, free of charge.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.267 Closed sessions; roll call vote; separate set of minutes.<br>
**Sec. 7.<br>
(1) A 2/3 roll call vote of members elected or appointed and serving is
required<br>
to call a closed session, except for the closed sessions permitted under
section<br>
8(a), (b), (c), (g), (i), and (j). The roll call vote and the purpose or
purposes<br>
for calling the closed session shall be entered into the minutes of the meeting
at<br>
which the vote is taken.<br>
(2) A separate set of minutes shall be taken by the clerk or the designated
secretary<br>
of the public body at the closed session. These minutes shall be retained by
the<br>
clerk of the public body, are not available to the public, and shall only be
disclosed<br>
if required by a civil action filed under section 10, 11, or 13. These minutes
may<br>
be destroyed 1 year and 1 day after approval of the minutes of the regular
meeting<br>
at which the closed session was approved.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1993, Act 81, Eff. Apr. 1,
1994<br>
;-- Am. 1996, Act 464, Imd. Eff. Dec. 26, 1996<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.268 Closed sessions; permissible purposes.<br>
**Sec. 8.<br>
A public body may meet in a closed session only for the following purposes:<br>
(a) To consider the dismissal, suspension, or disciplining of, or to hear
complaints<br>
or charges brought against, or to consider a periodic personnel evaluation of,
a<br>
public officer, employee, staff member, or individual agent, if the named
person<br>
requests a closed hearing. A person requesting a closed hearing may rescind the
request<br>
at any time, in which case the matter at issue shall be considered after the
rescission<br>
only in open sessions.<br>
(b) To consider the dismissal, suspension, or disciplining of a student if the
public<br>
body is part of the school district, intermediate school district, or
institution<br>
of higher education that the student is attending, and if the student or the
student's<br>
parent or guardian requests a closed hearing.<br>
(c) For strategy and negotiation sessions connected with the negotiation of a
collective<br>
bargaining agreement if either negotiating party requests a closed hearing.<br>
(d) To consider the purchase or lease of real property up to the time an option
to<br>
purchase or lease that real property is obtained.<br>
(e) To consult with its attorney regarding trial or settlement strategy in
connection<br>
with specific pending litigation, but only if an open meeting would have a
detrimental<br>
financial effect on the litigating or settlement position of the public body.<br>
(f) To review and consider the contents of an application for employment or
appointment<br>
to a public office if the candidate requests that the application remain
confidential.<br>
However, except as otherwise provided in this subdivision, all interviews by a
public<br>
body for employment or appointment to a public office shall be held in an open
meeting<br>
pursuant to this act. This subdivision does not apply to a public office
described<br>
in subdivision (j).<br>
(g) Partisan caucuses of members of the state legislature.<br>
(h) To consider material exempt from discussion or disclosure by state or
federal<br>
statute.<br>
(i) For a compliance conference conducted by the department of commerce under
section<br>
16231 of the public health code, Act No. 368 of the Public Acts of 1978, being
section<br>
333.16231 of the Michigan Compiled Laws, before a complaint is issued.<br>
(j) In the process of searching for and selecting a president of an institution
of<br>
higher education established under section 4, 5, or 6 of article VIII of the
state<br>
constitution of 1963, to review the specific contents of an application, to
conduct<br>
an interview with a candidate, or to discuss the specific qualifications of a
candidate<br>
if the particular process of searching for and selecting a president of an
institution<br>
of higher education meets all of the following requirements:<br>
(i) The search committee in the process, appointed by the governing board,
consists<br>
of at least 1 student of the institution, 1 faculty member of the institution,
1<br>
administrator of the institution, 1 alumnus of the institution, and 1 representative<br>
of the general public. The search committee also may include 1 or more members
of<br>
the governing board of the institution, but the number shall not constitute a
quorum<br>
of the governing board. However, the search committee shall not be constituted
in<br>
such a way that any 1 of the groups described in this subparagraph constitutes
a<br>
majority of the search committee.<br>
(ii) After the search committee recommends the 5 final candidates, the
governing<br>
board does not take a vote on a final selection for the president until at
least<br>
30 days after the 5 final candidates have been publicly identified by the
search<br>
committee.<br>
(iii) The deliberations and vote of the governing board of the institution on
selecting<br>
the president take place in an open session of the governing board.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1984, Act 202, Imd. Eff.
July<br>
3, 1984 ;-- Am. 1993, Act 81, Eff. Apr. 1, 1994 ;-- Am. 1996, Act 464, Imd.
Eff.<br>
Dec. 26, 1996<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.269 Minutes.<br>
**Sec. 9.<br>
(1) Each public body shall keep minutes of each meeting showing the date, time,
place,<br>
members present, members absent, any decisions made at a meeting open to the
public,<br>
and the purpose or purposes for which a closed session is held. The minutes shall<br>
include all roll call votes taken at the meeting. The public body shall make
any<br>
corrections in the minutes at the next meeting after the meeting to which the
minutes<br>
refer. The public body shall make corrected minutes available at or before the
next<br>
subsequent meeting after correction. The corrected minutes shall show both the
original<br>
entry and the correction.<br>
(2) Minutes are public records open to public inspection, and a public body
shall<br>
make the minutes available at the address designated on posted public notices
pursuant<br>
to section 4. The public body shall make copies of the minutes available to the
public<br>
at the reasonable estimated cost for printing and copying.<br>
(3) A public body shall make proposed minutes available for public inspection
within<br>
8 business days after the meeting to which the minutes refer. The public body
shall<br>
make approved minutes available for public inspection within 5 business days
after<br>
the meeting at which the minutes are approved by the public body.<br>
(4) A public body shall not include in or with its minutes any personally
identifiable<br>
information that, if released, would prevent the public body from complying
with<br>
section 444 of subpart 4 of part C of the general education provisions act, 20
USC<br>
1232g, commonly referred to as the family educational rights and privacy act of
1974.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 1982, Act 130, Imd. Eff.
Apr.<br>
20, 1982 ;-- Am. 2004, Act 305, Imd. Eff. Aug. 11, 2004<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.270 Decisions of public body; presumption; civil action to invalidate;
jurisdiction;<br>
venue; reenactment of disputed decision.<br>
**Sec. 10.<br>
(1) Decisions of a public body shall be presumed to have been adopted in
compliance<br>
with the requirements of this act. The attorney general, the prosecuting
attorney<br>
of the county in which the public body serves, or any person may commence a
civil<br>
action in the circuit court to challenge the validity of a decision of a public
body<br>
made in violation of this act.<br>
(2) A decision made by a public body may be invalidated if the public body has
not<br>
complied with the requirements of section 3(1), (2), and (3) in making the
decision<br>
or if failure to give notice in accordance with section 5 has interfered with
substantial<br>
compliance with section 3(1), (2), and (3) and the court finds that the
noncompliance<br>
or failure has impaired the rights of the public under this act.<br>
(3) The circuit court shall not have jurisdiction to invalidate a decision of a
public<br>
body for a violation of this act unless an action is commenced pursuant to this
section<br>
within the following specified period of time:<br>
(a) Within 60 days after the approved minutes are made available to the public
by<br>
the public body except as otherwise provided in subdivision (b).<br>
(b) If the decision involves the approval of contracts, the receipt or
acceptance<br>
of bids, the making of assessments, the procedures pertaining to the issuance
of<br>
bonds or other evidences of indebtedness, or the submission of a borrowing
proposal<br>
to the electors, within 30 days after the approved minutes are made available
to<br>
the public pursuant to that decision.<br>
(4) Venue for an action under this section shall be any county in which a local
public<br>
body serves or, if the decision of a state public body is at issue, in Ingham
county.<br>
(5) In any case where an action has been initiated to invalidate a decision of
a<br>
public body on the ground that it was not taken in conformity with the
requirements<br>
of this act, the public body may, without being deemed to make any admission
contrary<br>
to its interest, reenact the disputed decision in conformity with this act. A
decision<br>
reenacted in this manner shall be effective from the date of reenactment and
shall<br>
not be declared invalid by reason of a deficiency in the procedure used for its
initial<br>
enactment.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.271 Civil action to compel compliance or enjoin noncompliance; commencement;
venue;<br>
security not required; commencement of action for mandamus; court costs and
attorney<br>
fees.<br>
**Sec. 11.<br>
(1) If a public body is not complying with this act, the attorney general,
prosecuting<br>
attorney of the county in which the public body serves, or a person may
commence<br>
a civil action to compel compliance or to enjoin further noncompliance with
this<br>
act.<br>
(2) An action for injunctive relief against a local public body shall be
commenced<br>
in the circuit court, and venue is proper in any county in which the public
body<br>
serves. An action for an injunction against a state public body shall be
commenced<br>
in the circuit court and venue is proper in any county in which the public body
has<br>
its principal office, or in Ingham county. If a person commences an action for
injunctive<br>
relief, that person shall not be required to post security as a condition for
obtaining<br>
a preliminary injunction or a temporary restraining order.<br>
(3) An action for mandamus against a public body under this act shall be
commenced<br>
in the court of appeals.<br>
(4) If a public body is not complying with this act, and a person commences a
civil<br>
action against the public body for injunctive relief to compel compliance or to
enjoin<br>
further noncompliance with the act and succeeds in obtaining relief in the
action,<br>
the person shall recover court costs and actual attorney fees for the action.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.272 Violation as misdemeanor; penalty.<br>
Sec. 12.<br>
(1) A public official who intentionally violates this act is guilty of a
misdemeanor<br>
punishable by a fine of not more than $1,000.00.<br>
(2) A public official who is convicted of intentionally violating a provision
of<br>
this act for a second time within the same term shall be guilty of a
misdemeanor<br>
and shall be fined not more than $2,000.00, or imprisoned for not more than 1
year,<br>
or both.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.273 Violation; liability.<br>
**Sec. 13.<br>
(1) A public official who intentionally violates this act shall be personally
liable<br>
in a civil action for actual and exemplary damages of not more than $500.00
total,<br>
plus court costs and actual attorney fees to a person or group of persons
bringing<br>
the action.<br>
(2) Not more than 1 action under this section shall be brought against a public
official<br>
for a single meeting. An action under this section shall be commenced within
180<br>
days after the date of the violation which gives rise to the cause of action.<br>
(3) An action for damages under this section may be joined with an action for
injunctive<br>
or exemplary relief under section 11.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.273a Selection of president by governing board of higher education
institution;<br>
violation; civil fine.<br>
Sec. 13a.<br>
If the governing board of an institution of higher education established under
section<br>
4, 5, or 6 of article VIII of the state constitution of 1963 violates this act
with<br>
respect to the process of selecting a president of the institution at any time
after<br>
the recommendation of final candidates to the governing board, as described in
section<br>
8(j), the institution is responsible for the payment of a civil fine of not
more<br>
than $500,000.00. This civil fine is in addition to any other remedy or penalty
under<br>
this act. To the extent possible, any payment of fines imposed under this
section<br>
shall be paid from funds allocated by the institution of higher education to
pay<br>
for the travel and expenses of the members of the governing board.<br>
History: Add. 1996, Act 464, Imd. Eff. Dec. 26, 1996<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.274 Repeal of MCL 15.251 to 15.253.<br>
Sec. 14.<br>
Act No. 261 of the Public Acts of 1968, being sections 15.251 to 15.253 of the
Compiled<br>
Laws of 1970, is repealed.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
15.275 Effective date.<br>
Sec. 15.<br>
This act shall take effect January 1, 1977.<br>
History: 1976, Act 267, Eff. Mar. 31, 1977<br>
© 2009 Legislative Council, State of <st1:State w:st="on"><st1:place w:st="on">Michigan</st1:place></st1:State><br>
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