Bill Text: MI HB4678 | 2017-2018 | 99th Legislature | Introduced
Bill Title: State agencies (existing); corrections; permissible purposes for closing open meeting to include discussion of certain information by family advisory board; establish. Amends sec. 8 of 1976 PA 267 (MCL 15.268). TIE BAR WITH: HB 4677'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-11-28 - Referred To Second Reading [HB4678 Detail]
Download: Michigan-2017-HB4678-Introduced.html
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.
