Shiawassee Board Engages In Illegal Closed Sessions?

On January 17, 2007, The Health & Human Services Committee went into closed session. From the minutes:

It was moved by Commissioner Van Pelt, supported by Commissioner Stewart to go into a closed session to discuss a legal opinion regarding the proposed Shiawassee County Board of Health By-Laws. Motion carried with the following roll call vote of 3 Yeas and 0 Nays. Yeas: Commissioners Van Pelt, Stewart, and Johnson.

The Committee went into executive session at 4:37 p.m.

Chairman Johnson called the regular meeting back to order at 5:10 p.m.

Um … ok … but … according to 15.268 of the Open Meetings Act, this was not a permissible purpose for a closed session. The relevant section is as follows:

(e) To consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation, but only if an open meeting would have a detrimental financial effect on the litigating or settlement position of the public body.

According to Commissioner Johnson, “There was and is no pending litigation … No one has filed anything against anyone at this time.”

Commissioner Johnson has also stated that he did not knowingly violate the law. He did not realize that he didn’t have permission under the OMA to support the motion by Commissioner Van Pelt. Johnson also originally objected to the closed section and was overruled.

In my opinion, the people of Shiawassee can expect many more closed sessions … hopefully most of them will be legal. Why? Because the people of Shiawassee elected some commissioners who are committed to transparency in government. Commissioners are prohibited by law from discussing what happens in a closed session. In effect, the commissioners are gagged.

In other words, good people, they will do what they have to, to keep you out of the loop. That might mean breaking the law.