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<DIV><FONT size=2 face=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.</FONT></DIV>
<DIV><FONT size=2 face=Arial></FONT> </DIV>
<DIV><FONT size=2 face=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.</FONT></DIV>
<DIV><FONT size=2 face=Arial></FONT> </DIV>
<DIV><FONT size=2 face=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.</FONT></DIV>
<DIV><FONT size=2 face=Arial></FONT> </DIV>
<DIV><FONT size=2 face=Arial>Joe Sontag</FONT></DIV>
<DIV><FONT size=2 face=Arial></FONT> </DIV>
<DIV><FONT size=2 face=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 Michigan<BR>The People of the State of Michigan
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 Michigan<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
Michigan<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 Michigan 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 Michigan<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 Michigan Compiled
Laws.<BR>(f) The Michigan 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 Michigan 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 Michigan 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 Michigan Administrative
Code.<BR>© 2009 Legislative Council, State of Michigan<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 Michigan<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 Michigan'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 Michigan<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 Michigan<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 Michigan<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 Michigan<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 Michigan<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 Michigan<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 Michigan<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 Michigan<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 Michigan<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
Michigan<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 Michigan<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 Michigan<BR>Rendered
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