HOUSE BILL No. 4678

 

 

May 30, 2017, Introduced by Reps. Howrylak and Chang and referred to the Committee on Law and Justice.

 

     A bill to amend 1976 PA 267, entitled

 

"Open meetings act,"

 

by amending section 8 (MCL 15.268), as amended by 1996 PA 464.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8. A public body may meet in a closed session only for

 

the following purposes:

 

     (a) To consider the dismissal, suspension, or disciplining of,

 

or to hear complaints or charges brought against, or to consider a

 

periodic personnel evaluation of, a public officer, employee, staff

 

member, or individual agent, if the named person requests a closed

 

hearing. A person requesting a closed hearing may rescind the

 

request at any time, in which case the matter at issue shall must

 

be considered after the rescission only in open sessions.

 

     (b) To consider the dismissal, suspension, or disciplining of

 


a student if the public body is part of the school district,

 

intermediate school district, or institution of higher education

 

that the student is attending, and if the student or the student's

 

parent or guardian requests a closed hearing.

 

     (c) For strategy and negotiation sessions connected with the

 

negotiation of a collective bargaining agreement if either

 

negotiating party requests a closed hearing.

 

     (d) To consider the purchase or lease of real property up to

 

the time an option to purchase or lease that real property is

 

obtained.

 

     (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.

 

     (f) To review and consider the contents of an application for

 

employment or appointment to a public office if the candidate

 

requests that the application remain confidential. However, except

 

as otherwise provided in this subdivision, all interviews by a

 

public body for employment or appointment to a public office shall

 

must be held in an open meeting pursuant to this act. This

 

subdivision does not apply to a public office described in

 

subdivision (j).

 

     (g) Partisan caucuses of members of the state legislature.

 

     (h) To consider material exempt from discussion or disclosure

 

by state or federal statute.

 

     (i) For a compliance conference conducted by the department of

 

commerce licensing and regulatory affairs under section 16231 of


the public health code, Act No. 368 of the Public Acts of 1978,

 

being section 333.16231 of the Michigan Compiled Laws, 1978 PA 368,

 

MCL 333.16231, before a complaint is issued.

 

     (j) In the process of searching for and selecting a president

 

of an institution of higher education established under section 4,

 

5, or 6 of article VIII of the state constitution of 1963, to

 

review the specific contents of an application, to conduct an

 

interview with a candidate, or to discuss the specific

 

qualifications of a candidate if the particular process of

 

searching for and selecting a president of an institution of higher

 

education meets all of the following requirements:

 

     (i) The search committee in the process, appointed by the

 

governing board, consists of at least 1 student of the institution,

 

1 faculty member of the institution, 1 administrator of the

 

institution, 1 alumnus of the institution, and 1 representative of

 

the general public. The search committee also may include 1 or more

 

members of the governing board of the institution, but the number

 

shall must not constitute a quorum of the governing board. However,

 

the search committee shall must not be constituted in such a way

 

that any 1 of the groups described in this subparagraph constitutes

 

a majority of the search committee.

 

     (ii) After the search committee recommends the 5 final

 

candidates, the governing board does not take a vote on a final

 

selection for the president until at least 30 days after the 5

 

final candidates have been publicly identified by the search

 

committee.

 

     (iii) The deliberations and vote of the governing board of the


institution on selecting the president take place in an open

 

session of the governing board.

 

     (k) To share or discuss confidential or private information

 

regarding an incarcerated person or his or her family at a meeting

 

of the family advisory board created in section 14a of the

 

corrections code of 1953, 1953 PA 232, MCL 791.214a. As used in

 

this subdivision, "confidential or private information" means

 

information regarding intimidation of or by a named prisoner,

 

formal and documented complaints of unprofessional or criminal

 

behavior by a named department employee or an individual working

 

under contract with the department, medical or psychological

 

information about a named prisoner or a named family member of a

 

prisoner, or any other similar sensitive and private information

 

regarding a specific prisoner that the board and department

 

reasonably determine should be kept confidential. Confidential or

 

private information does not include information that is currently

 

available to the public, or that is readily available to the public

 

from another source.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 4677 (request no.

 

01872'17) of the 99th Legislature is enacted into law.