ESA Committees
Moderator: Gillespie
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ESA Committees
I believe the decision reported in the latest Northern Islander by ESA to eliminate open meetings of their committees may result in meetings that violate the Open Meetings Act. I am not a lawyer, and this is not legal advice, so check your attorney and ask him/her to explain this excerpt from the book, â??Michigan Municipal Law.â? Section 5.8 (on-line version)
â??Subquorum committees of a public body having been delegated authority to make recommendations regarding public policy are also required to comply with the OMAâ??s public meeting requirement. Schmiedicke v Clare Sch Bd, 228 Mich App 259, 577 NW2d 706 (1998). In Schmiedicke, the seven-member school board established a personnel and policy committee consisting of three of its members. The school board delegated to the committee the tasks of reviewing current methods of evaluating school administrators as well as the length of the administratorâ??s employment contracts. Although the committee ultimately recommended no changes from the existing practices, its meetings were not open to the public. The court recognized that the primary purpose of the OMA is to ensure that public bodies conduct their decision-making activities in open meetings and not simply hold open meetings at which they rubber-stamp decisions previously made behind closed doors. Id. at 264. The court concluded that the school boardâ??s referral to the committee for a recommendation on the current practices was a delegation of authority and that the committee failed to openly deliberate the issues. Id.â?
The act intends to have all discussion and deliberation in public, not just final votes. This is the only way to avoid or least make it harder to have â??backroom dealsâ?.
Bob Yager
â??Subquorum committees of a public body having been delegated authority to make recommendations regarding public policy are also required to comply with the OMAâ??s public meeting requirement. Schmiedicke v Clare Sch Bd, 228 Mich App 259, 577 NW2d 706 (1998). In Schmiedicke, the seven-member school board established a personnel and policy committee consisting of three of its members. The school board delegated to the committee the tasks of reviewing current methods of evaluating school administrators as well as the length of the administratorâ??s employment contracts. Although the committee ultimately recommended no changes from the existing practices, its meetings were not open to the public. The court recognized that the primary purpose of the OMA is to ensure that public bodies conduct their decision-making activities in open meetings and not simply hold open meetings at which they rubber-stamp decisions previously made behind closed doors. Id. at 264. The court concluded that the school boardâ??s referral to the committee for a recommendation on the current practices was a delegation of authority and that the committee failed to openly deliberate the issues. Id.â?
The act intends to have all discussion and deliberation in public, not just final votes. This is the only way to avoid or least make it harder to have â??backroom dealsâ?.
Bob Yager
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- Posts: 526
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- Location: Beaver Island, Michigan
Unless they have changed there bylaws they show that they are subject to the Open Meetings Act.
http://www.peainetwp.org/BIESA%20-%20Bylaws.pdf
http://www.peainetwp.org/BIESA%20-%20Bylaws.pdf
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- Posts: 526
- Joined: Sat Nov 21, 2015 9:10 am
- Location: Beaver Island, Michigan
I think EC has a valid concern there is a tremendous amount of Interlocking Directorate when it comes to Beaver Island Boards in general. The last Peaine appointment increased the Interlocking Directorate score of that board, when you look at the health center/ESA boards combined now you have three spousal units on those boards.
Just a fact that's all
He does not understand that the leaders of the ESA board is not a
proponent of Consolidation and if anything has made it clear to be against the Consolidation folks.
Two different camps as they say.
Just a fact that's all
He does not understand that the leaders of the ESA board is not a
proponent of Consolidation and if anything has made it clear to be against the Consolidation folks.
Two different camps as they say.
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- Posts: 526
- Joined: Sat Nov 21, 2015 9:10 am
- Location: Beaver Island, Michigan
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- Posts: 526
- Joined: Sat Nov 21, 2015 9:10 am
- Location: Beaver Island, Michigan
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- Posts: 526
- Joined: Sat Nov 21, 2015 9:10 am
- Location: Beaver Island, Michigan
Ok Ed, if standing up for what I believe in and trying to get people to follow through with their promises on actions they have taken and decisions they have made which will greatly effect the Island on which I have lived my whole life is mean and harassing then I can except that. I do not think it is mean I am just fighting hard for what I believe in. I believe the consolidation attempt was not done correctly and it is good to see a great majority of voters agree that it was done wrong. Thanks for your observations on your readings on the forum. I donâ??t think anyone is mean only fighting for what they believe.
John McCafferty
John McCafferty