Is a local ordinance valid if it...
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
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Yes. The Michigan Open Meetings Act provides in MCL 15.263(5) that a person shall be permitted to address a public body “under rules established and recorded by the public body.” Significantly, the rules must be “established” and “recorded” by the public body. It is recommended that Townships adopt their public comment rules through official action, such as adoption of a resolution or a motion vote on a written public comment policy. Those rules, however, cannot require a person to register, provide his or her name, or other information as a condition to attend the meeting. MCL 15.263(4). The Township may also “establish” reasonable rules and regulations to minimize disruption during the meeting (in addition to those rules applicable to public comment periods). MCL 15.263(3).
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
Read MoreThe First Amendment limits how Michigan municipalities and townships may regulate private speech, but it does not limit their own speech. Th...
Read MoreIn the private sector, the First Amendment does not apply. However, in the public sector, employees have First Amendment rights that may pro...
Read MoreAt 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.