[nfbmi-talk] anyone see problems with this?

[joe harcz Comcast]

PROPOSED – OPEN SESSION

 

 

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

LANSING, MI  48933

 

SPECIAL MEETING MINUTES
OPEN SESSION

 

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

Mr. Michael Geno, Vice Chair                  Ms. Margaret Wolfe

Mr. John Scott (via telephone)

                                                                   

 

COMMISSIONERS ABSENT

None

 

Michigan Commission for the Blind (MCB) STAFF PRESENT

Mr. Patrick Cannon                                   Ms. Carrie Martin

 

GUESTS/ATTENDEES 

Ms. Barbara Schmidt, Assistant Attorney General 

Mr. Terry Eagle                                         Mr. Mark Eagle             

Mr. Fred Wurtzel                                       Mr. Joe Sontag

Ms. Grace Menzel                                     

 

CALL TO ORDER, ROLL CALL AND DETERMINATION OF QUORUM
 

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

 

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

 

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

          

Ms. Wolfe moved to go into closed session.

Ms. taeckens seconded the motion.

decision to go into closed session supported. 

 

Roll Call vote 

Aye:  Geri Taeckens, Margaret Wolfe, Michael Geno

Nay:  none

Abstention:  none

 

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

 

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

 

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

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

 

 

Public Comment

 

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

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

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

 

Adjournment

 

Ms. Taeckens moved to adjourn, 

Ms. Wolfe supported. The motion passed unanimously.

 

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

 

_______________________________

Chair Jo Ann Pilarski

 

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