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Podcast 83 Special on Open Meetings Act Jan. 22, 2025
A new special episode of Podcast 83 features an expert on the Michigan Open Meetings Act (OMA) and the mistakes that county boards so often make in trying to comply with it.
Matt Nordfjord, managing partner of the firm of CST Municipal Law, recently led briefings on the OMA at MAC’s New Commissioner School on the trends he has seen in county compliance.
“One of the big takeaways I got from that is that we seem to have some additional education that would be warranted here on what is a public body subject to the Open Meetings Act,” Nordfjord told host Stephan Currie. “There's been a couple of (court) cases within the last year that have to do with whether a committee, a subcommittee, a work group or even an individual meets the definition of a public body.”
Nor is this a new issue, Nordfjord said. “I was looking back through my notes since 1998 and there was a case that talked about this. And when a committee shifts from being purely advisory … there's a three-step process. Step 1: It doesn't matter what you're calling it. … question is, is it a public body? And what we look to there is, did the Board of Commissioners delegate a governmental function to that individual or entity that they otherwise would be responsible for?”
In the end, Nordfjord said, a county’s wisest course is, if necessary, repeat the actions of subcommittees in a full board meeting in order to comply with OMA.
“You know, that's one of the remedies for violations of the Open Meetings Act is re-enactment. So, it still may work functionally and be more efficient to have that entire discussion, even if you've had it behind closed doors first, again in the open session, so that you don't have to deal with a potential challenge from an aggrieved party.”
Additional detail on these topics will appear in the February 2025 edition of Michigan Counties, MAC’s bimonthly magazine. The magazine is mailed directly to all county commissioners across Michigan.
NOTE: MAC emphasizes that this discussion does not constitute legal advice. Any member seeking such guidance can contact Nordfjord through the firm’s offices at 517-372-9000.
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By DerekA new special episode of Podcast 83 features an expert on the Michigan Open Meetings Act (OMA) and the mistakes that county boards so often make in trying to comply with it.
Matt Nordfjord, managing partner of the firm of CST Municipal Law, recently led briefings on the OMA at MAC’s New Commissioner School on the trends he has seen in county compliance.
“One of the big takeaways I got from that is that we seem to have some additional education that would be warranted here on what is a public body subject to the Open Meetings Act,” Nordfjord told host Stephan Currie. “There's been a couple of (court) cases within the last year that have to do with whether a committee, a subcommittee, a work group or even an individual meets the definition of a public body.”
Nor is this a new issue, Nordfjord said. “I was looking back through my notes since 1998 and there was a case that talked about this. And when a committee shifts from being purely advisory … there's a three-step process. Step 1: It doesn't matter what you're calling it. … question is, is it a public body? And what we look to there is, did the Board of Commissioners delegate a governmental function to that individual or entity that they otherwise would be responsible for?”
In the end, Nordfjord said, a county’s wisest course is, if necessary, repeat the actions of subcommittees in a full board meeting in order to comply with OMA.
“You know, that's one of the remedies for violations of the Open Meetings Act is re-enactment. So, it still may work functionally and be more efficient to have that entire discussion, even if you've had it behind closed doors first, again in the open session, so that you don't have to deal with a potential challenge from an aggrieved party.”
Additional detail on these topics will appear in the February 2025 edition of Michigan Counties, MAC’s bimonthly magazine. The magazine is mailed directly to all county commissioners across Michigan.
NOTE: MAC emphasizes that this discussion does not constitute legal advice. Any member seeking such guidance can contact Nordfjord through the firm’s offices at 517-372-9000.