Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

Do fire board members violate the Open Meetings Act by continuing to discuss how and what they should do after the public meeting has been adjourned?

The Michigan Open Meetings Act requires that all “deliberations” of a public body constituting a quorum of its members take place in a public meeting and that all “decisions” of the public body must take place in an open meeting. There are limited exceptions, such as a social or chance gathering or conference.

The Michigan Court of Appeals addressed a similar situation where members of a public body engaged in a post-meeting discussion. During the post-meeting discussion, the members reviewed financial matters and discussed an upcoming speaker. The Court determined that while these discussions had occurred, there had been no deliberation and no decision by the board members after the meeting. Solom v. Dickinson County Library Board, Michigan Court of Appeals, 2002. 

Since it appears that no exception applies, as long as the Fire Board did not deliberate on an issue, such as careful consideration prior to rendering a decision, or render a decision, it did not violate the Open Meetings Act. 

Recent Articles & Announcements

  1. As an elected township official,...

    No. The Michigan Election Law creates a “safe harbor” period for newly elected officials and those whose term is set to end that year. T...

    Read More
  2. The Campaign Against Recall: A G...

    It was just an ordinary day at township hall. You were going about your duties as township official when suddenly the new deputy clerk hands...

    Read More
  3. Do Township Board Meetings need ...

    Generally, the answer is no. You may notice the Michigan Open Meetings Act contains no requirement for a township board meeting to have an a...

    Read More
Talk to an Attorney
Request a Consultation

At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.