OPEN MEETINGS ACT
Act 267 of 1976
15.262 Definitions.
Sec. 2.
As used in this act:
(a) "Public body" means any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, that is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and function pursuant to the lease agreement; or the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117.4o.
(b) "Meeting" means the convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering a decision on a public policy, or any meeting of the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117.4o.
(c) "Closed session" means a meeting or part of a meeting of a public body that is closed to the public.
(d) "Decision" means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy.
History: 1976, Act 267, Eff. Mar. 31, 1977 ;-- Am. 2001, Act 38, Imd. Eff. July 11, 2001
Notes of Decisions
Booth Newspapers, Inc v. Univ. of Michigan Bd. of Regents, 507 N.W.2d 422 (Mich. 1993).
· cites it 12× “] [15] MCL 15.262(a); MSA 4.1800(12)(a). [16] Michigan courts have repeatedly held that our state-financed universities are public institutions that come within the confines of state laws, despite constitutional provisions granting them some degree of autonomy regarding…”
Herald Co. v. City of Bay City, 614 N.W.2d 873 (Mich. 2000).
· cites it 8× “[MCL 15.262(a); MSA 4.1800(12)(a).] *882 The definition of "public body" in the OMA contains two requirements: First, the entity at issue must be a "state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council.”
Federated Publications, Inc v. Michigan State Univ. Bd. of Trs., 594 N.W.2d 491 (Mich. 1999).
· cites it 4× “[MCL 15.262(a); MSA 4.1800(12)(a).] The defendant Board of Trustees empowered the presidential search committee by resolution to exercise portions of the governmental authority of the board to select the university's president.”
Booth Newspapers, Inc v. Univ. of Michigan Bd. of Regents, 481 N.W.2d 778 (Mich. Ct. App. 1992).
· cites it 6× “MCL 15.262(a); MSA 4.1800(12)(a). Defendant contends, however, that it did not violate the OMA because the subquorum activities of its various committees did not constitute a constructive quorum, and therefore, its meetings did not have to be open to the public.”
Nicholas v. Meridian Charter Twp. Bd., 609 N.W.2d 574 (Mich. Ct. App. 2000).
· cites it 3× “MCL 15.262; MSA 4.1800(12) defines certain terms with regard to application of the oma and states, in pertinent part: (a) “Public body” means any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, which is…”
People v. Whitney, 578 N.W.2d 329 (Mich. Ct. App. 1998).
· cites it 3× “MCL 15.262(a); MSA 4.1800(12)(a). Thus, “a key determination of the OMA’s applicability is whether the body in question exercises governmental or proprietary authority.”
Harlan Vermilya v. Delta Coll. Bd. of Trs., 925 N.W.2d 897 (Mich. Ct. App. 2018).
“" MCL 15.262(c). 2 Given our resolution of this issue, we decline to examine the caselaw from sister states identified by the parties addressing similar, but distinct, statutory exceptions to holding open meetings.”
Federated Publications, Inc. v. Bd. of Trs., 561 N.W.2d 433 (Mich. Ct. App. 1997).
· cites it 4× “1800(12)(a) contains the following definition: "Public body" means any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, which is empowered by state constitution, statute, charter, ordinance, resolution,…”
In Re Parole of Glover, 575 N.W.2d 772 (Mich. Ct. App. 1998).
· cites it 4× “§ 15.262(a); M.S.A. § 4.1800(12)(a) (emphasis added).”
Schmiedicke v. Clare Sch. Bd., 577 N.W.2d 706 (Mich. Ct. App. 1998).
· cites it 3× “public bodies Here, the trial court held that the PPC was a public body as defined in MCL 15.262(a); MSA 4.1800(12)(a). Therefore, there being no challenge to this finding, we assume for purposes of this opinion that the ppc was a public body.”
— Mich. Comp. Laws § 15.262(a) — 48 cases
Booth Newspapers, Inc v. Univ. of Michigan Bd. of Regents, 507 N.W.2d 422 (Mich. 1993).
“] [15] MCL 15.262(a); MSA 4.1800(12)(a). [16] Michigan courts have repeatedly held that our state-financed universities are public institutions that come within the confines of state laws, despite constitutional provisions granting them some degree of autonomy regarding…”
Herald Co. v. City of Bay City, 614 N.W.2d 873 (Mich. 2000).
“[MCL 15.262(a); MSA 4.1800(12)(a).] *882 The definition of "public body" in the OMA contains two requirements: First, the entity at issue must be a "state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council.”
Federated Publications, Inc v. Michigan State Univ. Bd. of Trs., 594 N.W.2d 491 (Mich. 1999).
“[MCL 15.262(a); MSA 4.1800(12)(a).] The defendant Board of Trustees empowered the presidential search committee by resolution to exercise portions of the governmental authority of the board to select the university's president.”
— Mich. Comp. Laws § 15.262(b) — 19 cases
Herald Co. v. City of Bay City, 614 N.W.2d 873 (Mich. 2000).
“[MCL 15.262(a); MSA 4.1800(12)(a).] *882 The definition of "public body" in the OMA contains two requirements: First, the entity at issue must be a "state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council.”
Booth Newspapers, Inc v. Univ. of Michigan Bd. of Regents, 481 N.W.2d 778 (Mich. Ct. App. 1992).
“MCL 15.262(a); MSA 4.1800(12)(a). Defendant contends, however, that it did not violate the OMA because the subquorum activities of its various committees did not constitute a constructive quorum, and therefore, its meetings did not have to be open to the public.”
People v. Whitney, 578 N.W.2d 329 (Mich. Ct. App. 1998).
“MCL 15.262(a); MSA 4.1800(12)(a). Thus, “a key determination of the OMA’s applicability is whether the body in question exercises governmental or proprietary authority.”
— Mich. Comp. Laws § 15.262(c) — 13 cases
Harlan Vermilya v. Delta Coll. Bd. of Trs., 925 N.W.2d 897 (Mich. Ct. App. 2018).
“" MCL 15.262(c). 2 Given our resolution of this issue, we decline to examine the caselaw from sister states identified by the parties addressing similar, but distinct, statutory exceptions to holding open meetings.”
— Mich. Comp. Laws § 15.262(d) — 28 cases
Booth Newspapers, Inc v. Univ. of Michigan Bd. of Regents, 507 N.W.2d 422 (Mich. 1993).
“] [15] MCL 15.262(a); MSA 4.1800(12)(a). [16] Michigan courts have repeatedly held that our state-financed universities are public institutions that come within the confines of state laws, despite constitutional provisions granting them some degree of autonomy regarding…”
Herald Co. v. City of Bay City, 614 N.W.2d 873 (Mich. 2000).
“[MCL 15.262(a); MSA 4.1800(12)(a).] *882 The definition of "public body" in the OMA contains two requirements: First, the entity at issue must be a "state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council.”
Federated Publications, Inc v. Michigan State Univ. Bd. of Trs., 594 N.W.2d 491 (Mich. 1999).
“[MCL 15.262(a); MSA 4.1800(12)(a).] The defendant Board of Trustees empowered the presidential search committee by resolution to exercise portions of the governmental authority of the board to select the university's president.”
Booth Newspapers, Inc v. Univ. of Michigan Bd. of Regents, 481 N.W.2d 778 (Mich. Ct. App. 1992).
“MCL 15.262(a); MSA 4.1800(12)(a). Defendant contends, however, that it did not violate the OMA because the subquorum activities of its various committees did not constitute a constructive quorum, and therefore, its meetings did not have to be open to the public.”
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