Bill Text: MI HB5626 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Civil rights; open meetings; permissible purposes for closed sessions; expand. Amends sec. 8 of 1976 PA 267 (MCL 15.268).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-16 - Printed Bill Filed 05/16/2012 [HB5626 Detail]

Download: Michigan-2011-HB5626-Introduced.html

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HOUSE BILL No. 5626

 

May 15, 2012, Introduced by Rep. Jenkins and referred to the Committee on Oversight, Reform, and Ethics.

 

     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 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 sale, purchase, or lease of real property

 

up to the time a contract for sale or 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

 

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

 

search committee shall 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.