Bill Text: MI SB0010 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Records: veterans; veteran services boards; allow to hold closed sessions when interviewing veterans' applications for benefits. Amends sec. 8 of 1976 PA 267 (MCL 15.268).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-06-24 - Assigned Pa 0031'21 With Immediate Effect [SB0010 Detail]
Download: Michigan-2021-SB0010-Engrossed.html
Substitute For
SENATE BILL NO. 10
A bill to amend 1976 PA 267, entitled
"Open meetings act,"
by amending section 8 (MCL 15.268), as amended by 2018 PA 467.
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 individual requests a closed hearing. A person An
individual 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 under section 16231
of the public health code, 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 does 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) For a school board
to consider security planning to address existing threats or prevent potential
threats to the safety of the students and staff. As used in this subdivision,
"school board" means any of the following:
(i) That term as defined in section 3 of the revised school
code, 1976 PA 451, MCL 380.3.
(ii) An intermediate school board as that
term is defined in section 4 of the revised school code, 1976 PA 451,
MCL 380.4.
(iii) A board of directors of a public school academy as
described in section 502 of the revised school code, 1976 PA 451, MCL 380.502.
(iv) The local governing board of a public community or junior
college as described in section 7 of article VIII of the state constitution of
1963.
(l) For a county
veteran services board to interview a veteran or a veteran's spouse or
dependent regarding that individual's application for benefits and discuss that
individual's application for benefits, if the applicant requests a closed
hearing. This subdivision does not apply to a county veteran services board
voting on whether to grant or deny an individual's application for benefits. As
used in this subdivision, "county veteran services board" means a
committee created by a county board of commissioners under section 1 of 1953 PA
192, MCL 35.621.
