The Act sets forth regulations for public meetings that include notification, public participation, rules for holding closed meetings, and the legal requirements for meeting minutes. believe that closure would violate the Michigan Open Meetings Act, you
. Home | Resources & Research | Information | Open Meetings Act. /S /GoTo the meeting. See Mich. Comp. /Length 3487 Foster Swift Municipal Law E-blast, February 9, 2022; MDHHS Changes Gathering Limits for . See Mich. Comp. . /Type /Outlines To close a endobj 2023-02-16T20:57:48-05:00
Your California Privacy Rights / Privacy Policy. Governor Whitmer recently signed House Bill 4705, which expands the Open Meetings Act to require certain public bodies to create and maintain audio recordings of their meetings, expanding transparency and accountability. three days. Copyright 2022 WILX. Prior to the passage of the bill, the Open Meeting Act did not require the recording of a meeting of a public body that is a state licensing board, commission panel, or rule-making board. The . endobj 3 0 obj While this opinion will only be binding for state boards, it is my hope that local boards will use this guidance and ensure fair access to public meetings for those who require appropriate accommodations as we continue to navigate our way through the pandemic, Nessel said. These are meetings at which elected, non-elected officials, and others make government decisions. traditional press." As an example, a legislative body that acts to approve a special use permit is making an administrative decision. (1) A meeting of a public body held, in whole or in 2 part, electronically by telephonic or video conferencing in . Serving Southeast Michigan For Over 35 Years. You can request that a public body notify you by mail in advance However, an electronic If the board fits that definition, it is critical for board members to have a copy of the OMA and have a complete understanding of their obligations under the OMA. Cookie Settings/Do Not Sell My Personal Information. 20. March 11, 2015, Special questions answered about the Michigan Open Meetings Act. to review the specific contents of an application, to conduct Updating the Open Meetings Act to meet the 21st century needs of state residents and preventing an ill-advised attempt to privatize Michigan's locally directed system of public mental health services head the list of legislative priorities for Michigan counties this year. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. The Open Meetings Act is Michigan's law requiring public bodies to make their meetings and actions accessible to members of the public. LANSING, MI -- Many public boards and commissions at the state level will be required to record and maintain audio from their meetings following an expansion of Michigans Open Meetings Act. Barry County , Michigan Michigan : Committee of the Whole Meeting ( Barry County , Michigan ) - Time begin : 9:00 Duration : 2 .
meeting is still subject to the notice requirements and must be held at
meeting, they do not require the public body to do so. /S /GoTo to hear complaints or charges brought against, or to consider a /Contents [15 0 R ] The Michigan Open Meetings Act ("OMA") is meant to enhance transparency, but it can create confusion for public bodies. Laws 15.263(2)-(4). In addition to determining what government bodies are covered by For this reason, it is not clear whether advisory committees The OMA requires public bodies to give advance notice of public meetings, to make all decisions at meetings open to the public, and to keep minutes of each meeting, which are public records open to public inspection. or to the judiciary. Subscribe to our content! you have no choice but to leave in an orderly fashion. telephone number if one exists, and its address. Beginning January 1, 2022, a member of a public body can participate electronically in a meeting ONLY if that member is absent due to military duty. 5 0 obj case for free or for a reduced rate. Gretchen Whitmer signed legislation Monday expanding Michigan's Open Meetings Act to mandate at least an audio recording of meetings of certain state boards. /Filter /FlateDecode sessions discussed below. Attorney General Dana Nessel issued a legal opinion Friday morning ruling that state boards must hold meetings in-person under the Open Meetings Act (OMA), but that individual members with disabilities must be allowed to participate remotely under the Americans with Disabilities Act (ADA). endstream
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post this notice at its principal office and any other location deemed request notice by mail for no charge. The Task Force launched in 2019 and consists of more than 55 different organizations in the public, private and nonprofit sectors - all working together to combat elder abuse. She hasn't. All rights reserved (About Us). 2023 www.freep.com. >> The OMA states, 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 (MCL 15.263(4)). If you are interested, please contact us for more details. Laws 15.268. of this no-fee notice provision. /Author () This broad definition includes state boards and commissions within the
My department and this investigation will find out who knew what, and when.
According to the opinion, "it cannot be stated that, in all situations, [] The Open Meetings Act excludes a gathering that is "a The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes. << One of the goals of the Attorney General is to help educate the public and to assist them in making wise choices about what charities to support. Bills to extend open records laws to the governor's office and Legislature are pending in the state Legislature. executive branch of state government and the state legislature and its These two laws, known as Michigan's "sunshine laws," are designed to make government processes and information more open to the public. The way to avoid an issue is to simply not make it a practice to do so. 2 0 obj /A << of all noticed meetings. /D 11 0 R
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Please see the Finding Legal Help section for details on finding legal representation. The unifying requirement is that the public boards, and zoning boards. /Prev 10 0 R during a meeting of a public body, subject to rules established by the /S /GoTo >> There are many MSU Extension news articles which cover various pieces of the OMA, some of which you can find here. The Michigan State Capitol, pictured on Saturday, Jan. 27, 2018 in Lansing. K)+M)hPXbDOkBhc#)P%h@d\5<1Fkj#$v7@
KC4ht " A_:2p Gov. Copyright 2007-22 Digital Media Law Project and respective authors. (b) The state tenure commission created in section 1 of article VII of 1937 (Ex Sess) PA 4, MCL 38.131, 2. The laws regarding expungement of criminal offenses in Michigan changed in major ways in April of 2021. Michigan Attorney General's robocall initiative is leading several efforts to protect Michigan residents from the billion plus robocalls made to them every year. meeting in question became available. AG Nessel Opinion: Meeting Attendance Accommodations Required under ADA February 04, 2022 LANSING - Michigan Attorney General Dana Nessel released a new opinion today addressing open meeting requirements and attendance accommodations. This information is for educational purposes only. meetings to a specific category of people or a profession, such as "the Under the Michigan Open This article was published by Michigan State University Extension. But administrative boards have to include additional information. The Open Meetings Act gives you the right to speak or comment The public body must endstream
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If different meeting circumstances legitimately require different rules, then the body should establish those different sets of written rules and identify in the rules which are used in which situations. jx62lw o`5@ 7
During her 2018 campaign for governor, Whitmer said she would use executive powers to subject the governor and lieutenant governor's officers to the law if the Legislature did not pass such a bill, although that has not happened yet. requirement does not apply to the special meetings of subcommittees of An Exception: Closed Meetings or Sessions. The Act . For information on your ability to use recording devices at public meetings, see Michigan Recording Law. endobj that the application remain confidential; to hold partisan caucuses of members of the state legislature; to consider material exempt from discussion or disclosure by state or federal statute; to hold a "compliance conference" conducted by the Department of Commerce pursuant to state law; and. %%EOF
February 9, 2022 On February 4, 2022, the Michigan Attorney General, Dana Nessel, issued an Opinion stating that restrictions for virtual public meetings provided under the Michigan Open Meetings Act are preempted to the extent the restrictions prevent a public body from providing reasonable accommodations under the Americans with Disabilities Act. be public interest organizations that would be willing to take on your /Creator ()
OMA explains that a person shall be permitted to address a meeting of a public body under rules established and recorded by the public body (MCL 15.263(5)). stream Authority to Hold Electronic Meetings Under Michigan Open Meetings Act Now Limited Friday, April 2, 2021 On March 30, 2021, the authority for Michigan public bodies to hold electronic. Justia US Law US Codes and Statutes Michigan Compiled Laws 2022 Michigan Compiled Laws Chapter 324 - Natural Resources and Environmental Protection Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) Article III - Natural Resources Management (324.30101.324.83109) 451 . 103 0 obj
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The Open Meetings Act (OMA) was written in 1976, as was the Freedom of Information Act. an arbitrator or arbitration panel appointed by the Employment Relations Committee or selected under Michigan law. See Mich. Comp. 15 0 obj Minutes for administrative boards should be as outlined in Land Use Series How to Take Minutes for Administrative Decisions. Administrative board minutes are different than minutes for legislative bodies because they need to show rationale for the decision. function. Township Meeting Options under the Open Meetings Act as of January 1, 2022 . Nessel: Local boards should allow virtual meeting participation under ADA Published: Feb. 04, 2022, 2:39 p.m. Michigan Attorney General Dana Nessel speaks during the 'Stop of Power Outage. MICHIGAN TOWNSHIPS ASSOCIATION, JANUARY 6, 2022 1 . act."
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