SENATE JOINT RESOLUTION J March 9, 1999, Introduced by Senators MC COTTER, BENNETT, SHUGARS, DINGELL, NORTH, MC MANUS, GOUGEON, GOSCHKA, HART, MILLER, YOUNG, JAYE, PETERS, SIKKEMA, DE BEAUSSAERT, LELAND, HAMMERSTROM, KOIVISTO, BYRUM, EMERSON, A. SMITH and VAN REGENMORTER and referred to the Committee on Government Operations. A joint resolution proposing an amendment to the state con- stitution of 1963, by adding sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, and 48 to article I, to provide access to certain public records of public bodies; to permit certain fees; to prescribe the powers and duties of certain public officers and public bodies; to require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meet- ings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; and to pro- vide remedies and penalties. Resolved by the Senate and House of Representatives of the state of Michigan, That the following amendment to the state constitution of 1963, to provide access to certain public records of public bodies; to permit certain fees; to prescribe the powers 02509'99 DMS 2 and duties of certain public officers and public bodies; to require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meet- ings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; and to pro- vide remedies and penalties, is proposed, agreed to, and submit- ted to the people of the state: 1 ARTICLE I 2 SEC. 25. IT IS THE PUBLIC POLICY OF THIS STATE THAT ALL 3 PERSONS, EXCEPT THOSE PERSONS INCARCERATED IN STATE OR LOCAL COR- 4 RECTIONAL FACILITIES, ARE ENTITLED TO FULL AND COMPLETE INFORMA- 5 TION REGARDING THE AFFAIRS OF GOVERNMENT AND THE OFFICIAL ACTS OF 6 THOSE WHO REPRESENT THEM AS PUBLIC OFFICIALS AND PUBLIC EMPLOY- 7 EES, CONSISTENT WITH THIS ARTICLE. THE PEOPLE SHALL BE INFORMED 8 SO THAT THEY MAY FULLY PARTICIPATE IN THE DEMOCRATIC PROCESS. 9 SEC. 26. AS USED IN SECTIONS 27 THROUGH 48: 10 (A) "CLOSED SESSION" MEANS A MEETING OR PART OF A MEETING OF 11 A PUBLIC BODY WHICH IS CLOSED TO THE PUBLIC. 12 (B) "DECISION" MEANS A DETERMINATION, ACTION, VOTE, OR DIS- 13 POSITION UPON A MOTION, PROPOSAL, RECOMMENDATION, RESOLUTION, 14 ORDER, ORDINANCE, BILL, OR MEASURE ON WHICH A VOTE BY MEMBERS OF 15 A PUBLIC BODY IS REQUIRED AND BY WHICH A PUBLIC BODY EFFECTUATES 16 OR FORMULATES PUBLIC POLICY. 17 (C) "FIELD NAME" MEANS THE LABEL OR IDENTIFICATION OF AN 18 ELEMENT OF A COMPUTER DATA BASE THAT CONTAINS A SPECIFIC ITEM OF 19 INFORMATION, AND INCLUDES BUT IS NOT LIMITED TO A SUBJECT HEADING 20 SUCH AS A COLUMN HEADER, DATA DICTIONARY, OR RECORD LAYOUT. 02509'99 3 1 (D) "FOIA COORDINATOR" MEANS A PERSON ACTING UNDER THE 2 FREEDOM OF INFORMATION PROVISIONS OF THIS ARTICLE AND WHO IS 3 EITHER OF THE FOLLOWING: 4 (i) AN INDIVIDUAL WHO IS A PUBLIC BODY. 5 (ii) AN INDIVIDUAL DESIGNATED BY A PUBLIC BODY IN ACCORDANCE 6 WITH SECTION 30 TO ACCEPT AND PROCESS REQUESTS FOR PUBLIC RECORDS 7 UNDER THIS ARTICLE. 8 (E) "MEETING" MEANS THE CONVENING OF A PUBLIC BODY AT WHICH 9 A QUORUM IS PRESENT FOR THE PURPOSE OF DELIBERATING TOWARD OR 10 RENDERING A DECISION ON A PUBLIC POLICY. 11 (F) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, LIMITED 12 LIABILITY COMPANY, PARTNERSHIP, FIRM, ORGANIZATION, ASSOCIATION, 13 GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY. PERSON DOES NOT 14 INCLUDE AN INDIVIDUAL SERVING A SENTENCE OF IMPRISONMENT IN A 15 STATE OR COUNTY CORRECTIONAL FACILITY IN THIS STATE OR ANY OTHER 16 STATE, OR IN A FEDERAL CORRECTIONAL FACILITY. 17 (G) "PUBLIC BODY" MEANS ANY OF THE FOLLOWING: 18 (i) A STATE OFFICER, EMPLOYEE, AGENCY, DEPARTMENT, DIVISION, 19 BUREAU, BOARD, COMMISSION, COUNCIL, AUTHORITY, OR OTHER BODY IN 20 THE EXECUTIVE BRANCH OF THE STATE GOVERNMENT, BUT DOES NOT 21 INCLUDE THE GOVERNOR OR LIEUTENANT GOVERNOR, THE EXECUTIVE OFFICE 22 OF THE GOVERNOR OR LIEUTENANT GOVERNOR, OR EMPLOYEES THEREOF. 23 (ii) AN AGENCY, BOARD, COMMISSION, OR COUNCIL IN THE LEGIS- 24 LATIVE BRANCH OF THE STATE GOVERNMENT. 25 (iii) A COUNTY, CITY, TOWNSHIP, VILLAGE, INTERCOUNTY, INTER- 26 CITY, OR REGIONAL GOVERNING BODY, COUNCIL, SCHOOL DISTRICT, 02509'99 4 1 SPECIAL DISTRICT, OR MUNICIPAL CORPORATION, OR A BOARD, 2 DEPARTMENT, COMMISSION, COUNCIL, OR AGENCY THEREOF. 3 (iv) ANY OTHER BODY WHICH IS CREATED BY STATE OR LOCAL 4 AUTHORITY OR WHICH IS PRIMARILY FUNDED BY OR THROUGH STATE OR 5 LOCAL AUTHORITY. 6 (v) THE JUDICIARY, INCLUDING THE OFFICE OF THE COUNTY CLERK 7 AND EMPLOYEES THEREOF WHEN ACTING IN THE CAPACITY OF CLERK TO THE 8 CIRCUIT COURT, IS NOT INCLUDED IN THE DEFINITION OF PUBLIC BODY. 9 (H) "PUBLIC RECORD" MEANS A WRITING PREPARED, OWNED, USED, 10 IN THE POSSESSION OF, OR RETAINED BY A PUBLIC BODY IN THE PER- 11 FORMANCE OF AN OFFICIAL FUNCTION, FROM THE TIME IT IS CREATED. 12 PUBLIC RECORD DOES NOT INCLUDE COMPUTER SOFTWARE. THIS ACT SEPA- 13 RATES PUBLIC RECORDS INTO THE FOLLOWING 2 CLASSES: 14 (i) THOSE THAT ARE EXEMPT FROM DISCLOSURE UNDER SECTION 33. 15 (ii) ALL PUBLIC RECORDS THAT ARE NOT EXEMPT FROM DISCLOSURE 16 UNDER SECTION 33 AND WHICH ARE SUBJECT TO DISCLOSURE UNDER THIS 17 ARTICLE. 18 (I) "SOFTWARE" MEANS A SET OF STATEMENTS OR INSTRUCTIONS 19 THAT WHEN INCORPORATED IN A MACHINE USABLE MEDIUM IS CAPABLE OF 20 CAUSING A MACHINE OR DEVICE HAVING INFORMATION PROCESSING CAPA- 21 BILITIES TO INDICATE, PERFORM, OR ACHIEVE A PARTICULAR FUNCTION, 22 TASK, OR RESULT. SOFTWARE DOES NOT INCLUDE COMPUTER-STORED 23 INFORMATION OR DATA, OR A FIELD NAME IF DISCLOSURE OF THAT FIELD 24 NAME DOES NOT VIOLATE A SOFTWARE LICENSE. 25 (J) "UNUSUAL CIRCUMSTANCES" MEANS ANY 1 OR A COMBINATION OF 26 THE FOLLOWING, BUT ONLY TO THE EXTENT NECESSARY FOR THE PROPER 27 PROCESSING OF A REQUEST: 02509'99 5 1 (i) THE NEED TO SEARCH FOR, COLLECT, OR APPROPRIATELY 2 EXAMINE OR REVIEW A VOLUMINOUS AMOUNT OF SEPARATE AND DISTINCT 3 PUBLIC RECORDS PURSUANT TO A SINGLE REQUEST. 4 (ii) THE NEED TO COLLECT THE REQUESTED PUBLIC RECORDS FROM 5 NUMEROUS FIELD OFFICES, FACILITIES, OR OTHER ESTABLISHMENTS WHICH 6 ARE LOCATED APART FROM THE PARTICULAR OFFICE RECEIVING OR PRO- 7 CESSING THE REQUEST. 8 (K) "WRITING" MEANS HANDWRITING, TYPEWRITING, PRINTING, PHO- 9 TOSTATING, PHOTOGRAPHING, PHOTOCOPYING, AND EVERY OTHER MEANS OF 10 RECORDING, AND INCLUDES LETTERS, WORDS, PICTURES, SOUNDS, OR SYM- 11 BOLS, OR COMBINATIONS THEREOF, AND PAPERS, MAPS, MAGNETIC OR 12 PAPER TAPES, PHOTOGRAPHIC FILMS OR PRINTS, MICROFILM, MICROFICHE, 13 MAGNETIC OR PUNCHED CARDS, DISCS, DRUMS, OR OTHER MEANS OF 14 RECORDING OR RETAINING MEANINGFUL CONTENT. 15 (l) "WRITTEN REQUEST" MEANS A WRITING THAT ASKS FOR INFORMA- 16 TION, AND INCLUDES A WRITING TRANSMITTED BY FACSIMILE, ELECTRONIC 17 MAIL, OR OTHER ELECTRONIC MEANS. 18 SEC. 27. (1) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 33, 19 UPON PROVIDING A PUBLIC BODY'S FOIA COORDINATOR WITH A WRITTEN 20 REQUEST THAT DESCRIBES A PUBLIC RECORD SUFFICIENTLY TO ENABLE THE 21 PUBLIC BODY TO FIND THE PUBLIC RECORD, A PERSON HAS A RIGHT TO 22 INSPECT, COPY, OR RECEIVE COPIES OF THE REQUESTED PUBLIC RECORD 23 OF THE PUBLIC BODY. A PERSON HAS A RIGHT TO SUBSCRIBE TO FUTURE 24 ISSUANCES OF PUBLIC RECORDS THAT ARE CREATED, ISSUED, OR DISSEMI- 25 NATED ON A REGULAR BASIS. A SUBSCRIPTION SHALL BE VALID FOR UP 26 TO 6 MONTHS, AT THE REQUEST OF THE SUBSCRIBER, AND SHALL BE 27 RENEWABLE. AN EMPLOYEE OF A PUBLIC BODY WHO RECEIVES A REQUEST 02509'99 6 1 FOR A PUBLIC RECORD SHALL PROMPTLY FORWARD THAT REQUEST TO THE 2 FOIA COORDINATOR. 3 (2) A FOIA COORDINATOR SHALL KEEP A COPY OF ALL WRITTEN 4 REQUESTS FOR PUBLIC RECORDS ON FILE FOR NO LESS THAN 1 YEAR. 5 (3) A PUBLIC BODY SHALL FURNISH A REQUESTING PERSON A REA- 6 SONABLE OPPORTUNITY FOR INSPECTION AND EXAMINATION OF ITS PUBLIC 7 RECORDS, AND SHALL FURNISH REASONABLE FACILITIES FOR MAKING MEMO- 8 RANDA OR ABSTRACTS FROM ITS PUBLIC RECORDS DURING THE USUAL BUSI- 9 NESS HOURS. A PUBLIC BODY MAY MAKE REASONABLE RULES NECESSARY TO 10 PROTECT ITS PUBLIC RECORDS AND TO PREVENT EXCESSIVE AND UNREASON- 11 ABLE INTERFERENCE WITH THE DISCHARGE OF ITS FUNCTIONS. A PUBLIC 12 BODY SHALL PROTECT PUBLIC RECORDS FROM LOSS, UNAUTHORIZED ALTER- 13 ATION, MUTILATION, OR DESTRUCTION. 14 (4) THIS ARTICLE DOES NOT REQUIRE A PUBLIC BODY TO MAKE A 15 COMPILATION, SUMMARY, OR REPORT OF INFORMATION, EXCEPT AS 16 REQUIRED IN SECTION 32. 17 (5) THIS ARTICLE DOES NOT REQUIRE A PUBLIC BODY TO CREATE A 18 NEW PUBLIC RECORD, EXCEPT AS REQUIRED IN SECTION 32, AND TO THE 19 EXTENT REQUIRED BY THIS ARTICLE FOR THE FURNISHING OF COPIES, OR 20 EDITED COPIES PURSUANT TO SECTION 35(1), OF AN ALREADY EXISTING 21 PUBLIC RECORD. 22 (6) THE CUSTODIAN OF A PUBLIC RECORD SHALL, UPON WRITTEN 23 REQUEST, FURNISH A REQUESTING PERSON A CERTIFIED COPY OF A PUBLIC 24 RECORD. 25 SEC. 28. (1) A PUBLIC BODY MAY CHARGE A FEE FOR A PUBLIC 26 RECORD SEARCH, THE NECESSARY COPYING OF A PUBLIC RECORD FOR 27 INSPECTION, OR FOR PROVIDING A COPY OF A PUBLIC RECORD. SUBJECT 02509'99 7 1 TO SUBSECTIONS (3) AND (4), THE FEE SHALL BE LIMITED TO ACTUAL 2 MAILING COSTS, AND TO THE ACTUAL INCREMENTAL COST OF DUPLICATION 3 OR PUBLICATION INCLUDING LABOR, THE COST OF SEARCH, EXAMINATION, 4 REVIEW, AND THE DELETION AND SEPARATION OF EXEMPT FROM NONEXEMPT 5 INFORMATION AS PROVIDED IN SECTION 35. A SEARCH FOR A PUBLIC 6 RECORD MAY BE CONDUCTED OR COPIES OF PUBLIC RECORDS MAY BE FUR- 7 NISHED WITHOUT CHARGE OR AT A REDUCED CHARGE IF THE PUBLIC BODY 8 DETERMINES THAT A WAIVER OR REDUCTION OF THE FEE IS IN THE PUBLIC 9 INTEREST BECAUSE SEARCHING FOR OR FURNISHING COPIES OF THE PUBLIC 10 RECORD CAN BE CONSIDERED AS PRIMARILY BENEFITING THE GENERAL 11 PUBLIC. A PUBLIC RECORD SEARCH SHALL BE MADE AND A COPY OF A 12 PUBLIC RECORD SHALL BE FURNISHED WITHOUT CHARGE FOR THE FIRST 13 $20.00 OF THE FEE FOR EACH REQUEST TO AN INDIVIDUAL WHO IS ENTI- 14 TLED TO INFORMATION UNDER THIS ARTICLE AND WHO SUBMITS AN AFFIDA- 15 VIT STATING THAT THE INDIVIDUAL IS THEN RECEIVING PUBLIC ASSIST- 16 ANCE OR, IF NOT RECEIVING PUBLIC ASSISTANCE, STATING FACTS SHOW- 17 ING INABILITY TO PAY THE COST BECAUSE OF INDIGENCY. 18 (2) A PUBLIC BODY MAY REQUIRE AT THE TIME A REQUEST IS MADE 19 A GOOD FAITH DEPOSIT FROM THE PERSON REQUESTING THE PUBLIC RECORD 20 OR SERIES OF PUBLIC RECORDS, IF THE FEE AUTHORIZED UNDER THIS 21 SECTION EXCEEDS $50.00. THE DEPOSIT SHALL NOT EXCEED 1/2 OF THE 22 TOTAL FEE. 23 (3) IN CALCULATING THE COST OF LABOR INCURRED IN DUPLICATION 24 AND MAILING AND THE COST OF EXAMINATION, REVIEW, SEPARATION, AND 25 DELETION UNDER SUBSECTION (1), A PUBLIC BODY MAY NOT CHARGE MORE 26 THAN THE HOURLY WAGE OF THE LOWEST PAID PUBLIC BODY EMPLOYEE 27 CAPABLE OF RETRIEVING THE INFORMATION NECESSARY TO COMPLY WITH A 02509'99 8 1 REQUEST UNDER THIS ACT. FEES SHALL BE UNIFORM AND NOT DEPENDENT 2 UPON THE IDENTITY OF THE REQUESTING PERSON. A PUBLIC BODY SHALL 3 UTILIZE THE MOST ECONOMICAL MEANS AVAILABLE FOR MAKING COPIES OF 4 PUBLIC RECORDS. A FEE SHALL NOT BE CHARGED FOR THE COST OF 5 SEARCH, EXAMINATION, REVIEW, AND THE DELETION AND SEPARATION OF 6 EXEMPT FROM NONEXEMPT INFORMATION AS PROVIDED IN SECTION 35 7 UNLESS FAILURE TO CHARGE A FEE WOULD RESULT IN UNREASONABLY HIGH 8 COSTS TO THE PUBLIC BODY BECAUSE OF THE NATURE OF THE REQUEST IN 9 THE PARTICULAR INSTANCE, AND THE PUBLIC BODY SPECIFICALLY IDENTI- 10 FIES THE NATURE OF THESE UNREASONABLY HIGH COSTS. A PUBLIC BODY 11 SHALL ESTABLISH AND PUBLISH PROCEDURES AND GUIDELINES TO IMPLE- 12 MENT THIS SUBSECTION. 13 (4) THIS SECTION DOES NOT APPLY TO PUBLIC RECORDS PREPARED 14 UNDER AN ACT OR STATUTE SPECIFICALLY AUTHORIZING THE SALE OF 15 THOSE PUBLIC RECORDS TO THE PUBLIC, OR IF THE AMOUNT OF THE FEE 16 FOR PROVIDING A COPY OF THE PUBLIC RECORD IS OTHERWISE SPECIFI- 17 CALLY PROVIDED BY AN ACT OR STATUTE. 18 SEC. 29. (1) EXCEPT AS PROVIDED IN SECTION 27, A PERSON 19 DESIRING TO INSPECT OR RECEIVE A COPY OF A PUBLIC RECORD SHALL 20 MAKE A WRITTEN REQUEST FOR THE PUBLIC RECORD TO THE FOIA COORDI- 21 NATOR OF A PUBLIC BODY. A WRITTEN REQUEST MADE BY FACSIMILE, 22 ELECTRONIC MAIL, OR OTHER ELECTRONIC TRANSMISSION IS NOT RECEIVED 23 BY A PUBLIC BODY'S FOIA COORDINATOR UNTIL 1 BUSINESS DAY AFTER 24 THE ELECTRONIC TRANSMISSION IS MADE. 25 (2) UNLESS OTHERWISE AGREED TO IN WRITING BY THE PERSON 26 MAKING THE REQUEST, A PUBLIC BODY SHALL RESPOND TO A REQUEST FOR 02509'99 9 1 A PUBLIC RECORD WITHIN 5 BUSINESS DAYS AFTER THE PUBLIC BODY 2 RECEIVES THE REQUEST BY DOING 1 OF THE FOLLOWING: 3 (A) GRANTING THE REQUEST. 4 (B) ISSUING A WRITTEN NOTICE TO THE REQUESTING PERSON DENY- 5 ING THE REQUEST. 6 (C) GRANTING THE REQUEST IN PART AND ISSUING A WRITTEN 7 NOTICE TO THE REQUESTING PERSON DENYING THE REQUEST IN PART. 8 (D) ISSUING A NOTICE EXTENDING FOR NOT MORE THAN 10 BUSINESS 9 DAYS THE PERIOD DURING WHICH THE PUBLIC BODY SHALL RESPOND TO THE 10 REQUEST. A PUBLIC BODY SHALL NOT ISSUE MORE THAN 1 NOTICE OF 11 EXTENSION FOR A PARTICULAR REQUEST. 12 (3) FAILURE TO RESPOND TO A REQUEST PURSUANT TO SUBSECTION 13 (2) CONSTITUTES A PUBLIC BODY'S FINAL DETERMINATION TO DENY THE 14 REQUEST. IN A CIRCUIT COURT ACTION TO COMPEL A PUBLIC BODY'S 15 DISCLOSURE OF A PUBLIC RECORD UNDER SECTION 31, THE CIRCUIT COURT 16 SHALL ASSESS DAMAGES AGAINST THE PUBLIC BODY PURSUANT TO 17 SECTION 31(7) IF THE CIRCUIT COURT HAS DONE BOTH OF THE 18 FOLLOWING: 19 (A) DETERMINED THAT THE PUBLIC BODY HAS NOT COMPLIED WITH 20 SUBSECTION (2). 21 (B) ORDERED THE PUBLIC BODY TO DISCLOSE OR PROVIDE COPIES OF 22 ALL OR A PORTION OF THE PUBLIC RECORD. 23 (4) A WRITTEN NOTICE DENYING A REQUEST FOR A PUBLIC RECORD 24 IN WHOLE OR IN PART IS A PUBLIC BODY'S FINAL DETERMINATION TO 25 DENY THE REQUEST OR PORTION OF THAT REQUEST. THE WRITTEN NOTICE 26 SHALL CONTAIN: 02509'99 10 1 (A) AN EXPLANATION OF THE BASIS UNDER THIS ACT OR OTHER 2 STATUTE FOR THE DETERMINATION THAT THE PUBLIC RECORD, OR PORTION 3 OF THAT PUBLIC RECORD, IS EXEMPT FROM DISCLOSURE, IF THAT IS THE 4 REASON FOR DENYING ALL OR A PORTION OF THE REQUEST. 5 (B) A CERTIFICATE THAT THE PUBLIC RECORD DOES NOT EXIST 6 UNDER THE NAME GIVEN BY THE REQUESTER OR BY ANOTHER NAME REASON- 7 ABLY KNOWN TO THE PUBLIC BODY, IF THAT IS THE REASON FOR DENYING 8 THE REQUEST OR A PORTION OF THE REQUEST. 9 (C) A DESCRIPTION OF A PUBLIC RECORD OR INFORMATION ON A 10 PUBLIC RECORD THAT IS SEPARATED OR DELETED PURSUANT TO SECTION 11 35, IF A SEPARATION OR DELETION IS MADE. 12 (D) A FULL EXPLANATION OF THE REQUESTING PERSON'S RIGHT TO 13 DO EITHER OF THE FOLLOWING: 14 (i) SUBMIT TO THE HEAD OF THE PUBLIC BODY A WRITTEN APPEAL 15 THAT SPECIFICALLY STATES THE WORD "APPEAL" AND IDENTIFIES THE 16 REASON OR REASONS FOR REVERSAL OF THE DISCLOSURE DENIAL. 17 (ii) SEEK JUDICIAL REVIEW OF THE DENIAL UNDER SECTION 31. 18 (E) NOTICE OF THE RIGHT TO RECEIVE ATTORNEYS' FEES AND DAM- 19 AGES AS PROVIDED IN SECTION 31 IF, AFTER JUDICIAL REVIEW, THE 20 CIRCUIT COURT DETERMINES THAT THE PUBLIC BODY HAS NOT COMPLIED 21 WITH THIS SECTION AND ORDERS DISCLOSURE OF ALL OR A PORTION OF A 22 PUBLIC RECORD. 23 (5) THE INDIVIDUAL DESIGNATED IN SECTION 30 AS RESPONSIBLE 24 FOR THE DENIAL OF THE REQUEST SHALL SIGN THE WRITTEN NOTICE OF 25 DENIAL. 26 (6) IF A PUBLIC BODY ISSUES A NOTICE EXTENDING THE PERIOD 27 FOR A RESPONSE TO THE REQUEST, THE NOTICE SHALL SPECIFY THE 02509'99 11 1 REASONS FOR THE EXTENSION AND THE DATE BY WHICH THE PUBLIC BODY 2 WILL DO 1 OF THE FOLLOWING: 3 (A) GRANT THE REQUEST. 4 (B) ISSUE A WRITTEN NOTICE TO THE REQUESTING PERSON DENYING 5 THE REQUEST. 6 (C) GRANT THE REQUEST IN PART AND ISSUE A WRITTEN NOTICE TO 7 THE REQUESTING PERSON DENYING THE REQUEST IN PART. 8 (7) IF A PUBLIC BODY MAKES A FINAL DETERMINATION TO DENY IN 9 WHOLE OR IN PART A REQUEST TO INSPECT OR RECEIVE A COPY OF A 10 PUBLIC RECORD OR PORTION OF THAT PUBLIC RECORD, THE REQUESTING 11 PERSON MAY DO EITHER OF THE FOLLOWING: 12 (A) APPEAL THE DENIAL TO THE HEAD OF THE PUBLIC BODY PURSU- 13 ANT TO SECTION 31. 14 (B) COMMENCE AN ACTION IN CIRCUIT COURT, PURSUANT TO SECTION 15 31. 16 SEC. 30. (1) A PUBLIC BODY THAT IS A CITY, VILLAGE, TOWN- 17 SHIP, COUNTY, OR STATE DEPARTMENT, OR UNDER THE CONTROL OF A 18 CITY, VILLAGE, TOWNSHIP, COUNTY, OR STATE DEPARTMENT, SHALL DES- 19 IGNATE AN INDIVIDUAL AS THE PUBLIC BODY'S FOIA COORDINATOR. THE 20 FOIA COORDINATOR SHALL BE RESPONSIBLE FOR ACCEPTING AND PROCESS- 21 ING REQUESTS FOR THE PUBLIC BODY'S PUBLIC RECORDS UNDER THIS 22 ARTICLE AND SHALL BE RESPONSIBLE FOR APPROVING A DENIAL UNDER 23 SECTION 29(4) AND (5). IN A COUNTY NOT HAVING AN EXECUTIVE FORM 24 OF GOVERNMENT, THE CHAIRPERSON OF THE COUNTY BOARD OF COMMISSION- 25 ERS IS DESIGNATED THE FOIA COORDINATOR FOR THAT COUNTY. 02509'99 12 1 (2) FOR ALL OTHER PUBLIC BODIES, THE CHIEF ADMINISTRATIVE 2 OFFICER OF THE RESPECTIVE PUBLIC BODY IS DESIGNATED THE PUBLIC 3 BODY'S FOIA COORDINATOR. 4 (3) AN FOIA COORDINATOR MAY DESIGNATE ANOTHER INDIVIDUAL TO 5 ACT ON HIS OR HER BEHALF IN ACCEPTING AND PROCESSING REQUESTS FOR 6 THE PUBLIC BODY'S PUBLIC RECORDS, AND IN APPROVING A DENIAL UNDER 7 SECTION 29(4) AND (5). 8 SEC. 31. (1) IF A PUBLIC BODY MAKES A FINAL DETERMINATION 9 TO DENY ALL OR A PORTION OF A REQUEST, THE REQUESTING PERSON MAY 10 DO 1 OF THE FOLLOWING AT HIS OR HER OPTION: 11 (A) SUBMIT TO THE HEAD OF THE PUBLIC BODY A WRITTEN APPEAL 12 THAT SPECIFICALLY STATES THE WORD "APPEAL" AND IDENTIFIES THE 13 REASON OR REASONS FOR REVERSAL OF THE DENIAL. 14 (B) COMMENCE AN ACTION IN THE CIRCUIT COURT TO COMPEL THE 15 PUBLIC BODY'S DISCLOSURE OF THE PUBLIC RECORDS WITHIN 180 DAYS 16 AFTER A PUBLIC BODY'S FINAL DETERMINATION TO DENY A REQUEST. 17 (2) WITHIN 10 DAYS AFTER RECEIVING A WRITTEN APPEAL PURSUANT 18 TO SUBSECTION (1)(A), THE HEAD OF A PUBLIC BODY SHALL DO 1 OF THE 19 FOLLOWING: 20 (A) REVERSE THE DISCLOSURE DENIAL. 21 (B) ISSUE A WRITTEN NOTICE TO THE REQUESTING PERSON UPHOLD- 22 ING THE DISCLOSURE DENIAL. 23 (C) REVERSE THE DISCLOSURE DENIAL IN PART AND ISSUE A WRIT- 24 TEN NOTICE TO THE REQUESTING PERSON UPHOLDING THE DISCLOSURE 25 DENIAL IN PART. 26 (D) UNDER UNUSUAL CIRCUMSTANCES, ISSUE A NOTICE EXTENDING 27 FOR NOT MORE THAN 10 BUSINESS DAYS THE PERIOD DURING WHICH THE 02509'99 13 1 HEAD OF THE PUBLIC BODY SHALL RESPOND TO THE WRITTEN APPEAL. THE 2 HEAD OF A PUBLIC BODY SHALL NOT ISSUE MORE THAN 1 NOTICE OF 3 EXTENSION FOR A PARTICULAR WRITTEN APPEAL. 4 (3) A BOARD OR COMMISSION THAT IS THE HEAD OF A PUBLIC BODY 5 IS NOT CONSIDERED TO HAVE RECEIVED A WRITTEN APPEAL UNDER SUBSEC- 6 TION (2) UNTIL THE FIRST REGULARLY SCHEDULED MEETING OF THAT 7 BOARD OR COMMISSION FOLLOWING SUBMISSION OF THE WRITTEN APPEAL 8 UNDER SUBSECTION (1)(A). IF THE HEAD OF THE PUBLIC BODY FAILS TO 9 RESPOND TO A WRITTEN APPEAL PURSUANT TO SUBSECTION (2), OR IF THE 10 HEAD OF THE PUBLIC BODY UPHOLDS ALL OR A PORTION OF THE DISCLO- 11 SURE DENIAL THAT IS THE SUBJECT OF THE WRITTEN APPEAL, THE 12 REQUESTING PERSON MAY SEEK JUDICIAL REVIEW OF THE NONDISCLOSURE 13 BY COMMENCING AN ACTION IN CIRCUIT COURT UNDER 14 SUBSECTION (1)(B). 15 (4) IN AN ACTION COMMENCED UNDER SUBSECTION (1)(B), A COURT 16 THAT DETERMINES A PUBLIC RECORD IS NOT EXEMPT FROM DISCLOSURE 17 SHALL ORDER THE PUBLIC BODY TO CEASE WITHHOLDING OR TO PRODUCE 18 ALL OR A PORTION OF A PUBLIC RECORD WRONGFULLY WITHHELD, REGARD- 19 LESS OF THE LOCATION OF THE PUBLIC RECORD. THE CIRCUIT COURT FOR 20 THE COUNTY IN WHICH THE COMPLAINANT RESIDES OR HAS HIS OR HER 21 PRINCIPAL PLACE OF BUSINESS, OR THE CIRCUIT COURT FOR THE COUNTY 22 IN WHICH THE PUBLIC RECORD OR AN OFFICE OF THE PUBLIC BODY IS 23 LOCATED HAS VENUE OVER THE ACTION. THE COURT SHALL DETERMINE THE 24 MATTER DE NOVO AND THE BURDEN IS ON THE PUBLIC BODY TO SUSTAIN 25 ITS DENIAL. THE COURT, ON ITS OWN MOTION, MAY VIEW THE PUBLIC 26 RECORD IN CONTROVERSY IN PRIVATE BEFORE REACHING A DECISION. 02509'99 14 1 FAILURE TO COMPLY WITH AN ORDER OF THE COURT MAY BE PUNISHED AS 2 CONTEMPT OF COURT. 3 (5) AN ACTION COMMENCED UNDER THIS SECTION AND AN APPEAL 4 FROM AN ACTION COMMENCED UNDER THIS SECTION SHALL BE ASSIGNED FOR 5 HEARING AND TRIAL OR FOR ARGUMENT AT THE EARLIEST PRACTICABLE 6 DATE AND EXPEDITED IN EVERY WAY. 7 (6) IF A PERSON ASSERTING THE RIGHT TO INSPECT, COPY, OR 8 RECEIVE A COPY OF ALL OR A PORTION OF A PUBLIC RECORD PREVAILS IN 9 AN ACTION COMMENCED UNDER THIS SECTION, THE COURT SHALL AWARD 10 REASONABLE ATTORNEYS' FEES, COSTS, AND DISBURSEMENTS. IF THE 11 PERSON OR PUBLIC BODY PREVAILS IN PART, THE COURT MAY, IN ITS 12 DISCRETION, AWARD ALL OR AN APPROPRIATE PORTION OF REASONABLE 13 ATTORNEYS' FEES, COSTS, AND DISBURSEMENTS. THE AWARD SHALL BE 14 ASSESSED AGAINST THE PUBLIC BODY LIABLE FOR DAMAGES UNDER SUBSEC- 15 TION (7). 16 (7) IF THE CIRCUIT COURT DETERMINES IN AN ACTION COMMENCED 17 UNDER THIS SECTION THAT THE PUBLIC BODY HAS ARBITRARILY AND 18 CAPRICIOUSLY VIOLATED THIS ARTICLE BY REFUSAL OR DELAY IN DIS- 19 CLOSING OR PROVIDING COPIES OF A PUBLIC RECORD, THE COURT SHALL 20 AWARD, IN ADDITION TO ANY ACTUAL OR COMPENSATORY DAMAGES, PUNI- 21 TIVE DAMAGES IN THE AMOUNT OF $500.00 TO THE PERSON SEEKING THE 22 RIGHT TO INSPECT OR RECEIVE A COPY OF A PUBLIC RECORD. THE DAM- 23 AGES SHALL NOT BE ASSESSED AGAINST AN INDIVIDUAL, BUT SHALL BE 24 ASSESSED AGAINST THE NEXT SUCCEEDING PUBLIC BODY THAT IS NOT AN 25 INDIVIDUAL AND THAT KEPT OR MAINTAINED THE PUBLIC RECORD AS PART 26 OF ITS PUBLIC FUNCTION. 02509'99 15 1 SEC. 32. (1) A STATE AGENCY SHALL PUBLISH AND MAKE 2 AVAILABLE TO THE PUBLIC ALL OF THE FOLLOWING: 3 (A) FINAL ORDERS OR DECISIONS IN CONTESTED CASES AND THE 4 RECORDS ON WHICH THEY WERE MADE. 5 (B) PROMULGATED RULES. 6 (C) OTHER WRITTEN STATEMENTS WHICH IMPLEMENT OR INTERPRET 7 LAWS, RULES, OR POLICY, INCLUDING BUT NOT LIMITED TO GUIDELINES, 8 MANUALS, AND FORMS WITH INSTRUCTIONS, ADOPTED OR USED BY THE 9 AGENCY IN THE DISCHARGE OF ITS FUNCTIONS. 10 (2) PUBLICATIONS MAY BE IN PAMPHLET, LOOSE-LEAF, OR OTHER 11 APPROPRIATE FORM IN PRINTED, MIMEOGRAPHED, OR OTHER WRITTEN 12 MATTER. 13 (3) EXCEPT TO THE EXTENT THAT A PERSON HAS ACTUAL AND TIMELY 14 NOTICE OF THE TERMS THEREOF, A PERSON SHALL NOT IN ANY MANNER BE 15 REQUIRED TO RESORT TO, OR BE ADVERSELY AFFECTED BY, A MATTER 16 REQUIRED TO BE PUBLISHED AND MADE AVAILABLE, IF THE MATTER IS NOT 17 SO PUBLISHED AND MADE AVAILABLE. 18 (4) THIS SECTION DOES NOT APPLY TO PUBLIC RECORDS WHICH ARE 19 EXEMPT FROM DISCLOSURE UNDER SECTION 33. 20 (5) A PERSON MAY COMMENCE AN ACTION IN THE CIRCUIT COURT TO 21 COMPEL A STATE AGENCY TO COMPLY WITH THIS SECTION. IF THE COURT 22 DETERMINES THAT THE STATE AGENCY HAS FAILED TO COMPLY, THE COURT 23 SHALL ORDER THE STATE AGENCY TO COMPLY AND SHALL AWARD REASONABLE 24 ATTORNEYS' FEES, COSTS, AND DISBURSEMENTS TO THE PERSON COMMENC- 25 ING THE ACTION. THE CIRCUIT COURT FOR THE COUNTY IN WHICH THE 26 STATE AGENCY IS LOCATED SHALL HAVE JURISDICTION TO ISSUE THE 27 ORDER. 02509'99 16 1 (6) AS USED IN THIS SECTION, "STATE AGENCY", "CONTESTED 2 CASE", AND "RULES" HAVE THE SAME MEANINGS AS ASCRIBED TO THOSE 3 TERMS IN THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, 4 MCL 24.201 TO 24.328. 5 SEC. 33. (1) A PUBLIC BODY MAY EXEMPT FROM DISCLOSURE AS A 6 PUBLIC RECORD UNDER THIS ARTICLE: 7 (A) INFORMATION OF A PERSONAL NATURE WHERE THE PUBLIC DIS- 8 CLOSURE OF THE INFORMATION WOULD CONSTITUTE A CLEARLY UNWARRANTED 9 INVASION OF AN INDIVIDUAL'S PRIVACY. 10 (B) INVESTIGATING RECORDS COMPILED FOR LAW ENFORCEMENT PUR- 11 POSES, BUT ONLY TO THE EXTENT THAT DISCLOSURE AS A PUBLIC RECORD 12 WOULD DO ANY OF THE FOLLOWING: 13 (i) INTERFERE WITH LAW ENFORCEMENT PROCEEDINGS. 14 (ii) DEPRIVE A PERSON OF THE RIGHT TO A FAIR TRIAL OR IMPAR- 15 TIAL ADMINISTRATIVE ADJUDICATION. 16 (iii) CONSTITUTE AN UNWARRANTED INVASION OF PERSONAL 17 PRIVACY. 18 (iv) DISCLOSE THE IDENTITY OF A CONFIDENTIAL SOURCE, OR IF 19 THE RECORD IS COMPILED BY A LAW ENFORCEMENT AGENCY IN THE COURSE 20 OF A CRIMINAL INVESTIGATION, DISCLOSE CONFIDENTIAL INFORMATION 21 FURNISHED ONLY BY A CONFIDENTIAL SOURCE. 22 (v) DISCLOSE LAW ENFORCEMENT INVESTIGATIVE TECHNIQUES OR 23 PROCEDURES. 24 (vi) ENDANGER THE LIFE OR PHYSICAL SAFETY OF LAW ENFORCEMENT 25 PERSONNEL. 26 (C) A PUBLIC RECORD THAT IF DISCLOSED WOULD PREJUDICE A 27 PUBLIC BODY'S ABILITY TO MAINTAIN THE PHYSICAL SECURITY OF 02509'99 17 1 CUSTODIAL OR PENAL INSTITUTIONS OCCUPIED BY PERSONS ARRESTED OR 2 CONVICTED OF A CRIME OR ADMITTED BECAUSE OF A MENTAL DISABILITY, 3 UNLESS THE PUBLIC INTEREST IN DISCLOSURE UNDER THIS ACT OUTWEIGHS 4 THE PUBLIC INTEREST IN NONDISCLOSURE. 5 (D) RECORDS OR INFORMATION SPECIFICALLY DESCRIBED AND 6 EXEMPTED FROM DISCLOSURE BY STATUTE. 7 (E) INFORMATION THE RELEASE OF WHICH WOULD PREVENT THE 8 PUBLIC BODY FROM COMPLYING WITH SECTION 444 OF SUBPART 4 OF PART 9 C OF THE GENERAL EDUCATION PROVISIONS ACT, TITLE IV OF PUBLIC LAW 10 90-247, 20 U.S.C. 1232G, COMMONLY REFERRED TO AS THE FAMILY EDU- 11 CATIONAL RIGHTS AND PRIVACY ACT OF 1974. 12 (F) A PUBLIC RECORD OR INFORMATION DESCRIBED IN THIS SECTION 13 THAT IS FURNISHED BY THE PUBLIC BODY ORIGINALLY COMPILING, PRE- 14 PARING, OR RECEIVING THE RECORD OR INFORMATION TO A PUBLIC OFFI- 15 CER OR PUBLIC BODY IN CONNECTION WITH THE PERFORMANCE OF THE 16 DUTIES OF THAT PUBLIC OFFICER OR PUBLIC BODY, IF THE CONSIDERA- 17 TIONS ORIGINALLY GIVING RISE TO THE EXEMPT NATURE OF THE PUBLIC 18 RECORD REMAIN APPLICABLE. 19 (G) TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION 20 VOLUNTARILY PROVIDED TO AN AGENCY FOR USE IN DEVELOPING GOVERN- 21 MENTAL POLICY IF: 22 (i) THE INFORMATION IS SUBMITTED UPON A PROMISE OF CONFIDEN- 23 TIALITY BY THE PUBLIC BODY. 24 (ii) THE PROMISE OF CONFIDENTIALITY IS AUTHORIZED BY THE 25 CHIEF ADMINISTRATIVE OFFICER OF THE PUBLIC BODY OR BY AN ELECTED 26 OFFICIAL AT THE TIME THE PROMISE IS MADE. 02509'99 18 1 (iii) A DESCRIPTION OF THE INFORMATION IS RECORDED BY THE 2 PUBLIC BODY WITHIN A REASONABLE TIME AFTER IT HAS BEEN SUBMITTED, 3 MAINTAINED IN A CENTRAL PLACE WITHIN THE PUBLIC BODY, AND MADE 4 AVAILABLE TO A PERSON UPON REQUEST. THIS SUBDIVISION DOES NOT 5 APPLY TO INFORMATION SUBMITTED AS REQUIRED BY LAW OR AS A CONDI- 6 TION OF RECEIVING A GOVERNMENTAL CONTRACT, LICENSE, OR OTHER 7 BENEFIT. 8 (H) INFORMATION OR RECORDS SUBJECT TO THE ATTORNEY-CLIENT 9 PRIVILEGE. 10 (I) INFORMATION OR RECORDS SUBJECT TO THE PHYSICIAN-PATIENT 11 PRIVILEGE, THE PSYCHOLOGIST-PATIENT PRIVILEGE, THE MINISTER, 12 PRIEST, OR CHRISTIAN SCIENCE PRACTITIONER PRIVILEGE, OR OTHER 13 PRIVILEGE RECOGNIZED BY STATUTE OR COURT RULE. 14 (J) A BID OR PROPOSAL BY A PERSON TO ENTER INTO A CONTRACT 15 OR AGREEMENT, UNTIL THE TIME FOR THE PUBLIC OPENING OF BIDS OR 16 PROPOSALS, OR IF A PUBLIC OPENING IS NOT TO BE CONDUCTED, UNTIL 17 THE DEADLINE FOR SUBMISSION OF BIDS OR PROPOSALS HAS EXPIRED. 18 (K) APPRAISALS OF REAL PROPERTY TO BE ACQUIRED BY THE PUBLIC 19 BODY UNTIL EITHER OF THE FOLLOWING OCCURS: 20 (i) AN AGREEMENT IS ENTERED INTO. 21 (ii) THREE YEARS HAVE ELAPSED SINCE THE MAKING OF THE 22 APPRAISAL, UNLESS LITIGATION RELATIVE TO THE ACQUISITION HAS NOT 23 YET TERMINATED. 24 (l) TEST QUESTIONS AND ANSWERS, SCORING KEYS, AND OTHER 25 EXAMINATION INSTRUMENTS OR DATA USED TO ADMINISTER A LICENSE, 26 PUBLIC EMPLOYMENT, OR ACADEMIC EXAMINATION, UNLESS THE PUBLIC 02509'99 19 1 INTEREST IN DISCLOSURE UNDER THIS ARTICLE OUTWEIGHS THE PUBLIC 2 INTEREST IN NONDISCLOSURE. 3 (M) MEDICAL, COUNSELING, OR PSYCHOLOGICAL FACTS OR EVALU- 4 ATIONS CONCERNING AN INDIVIDUAL IF THE INDIVIDUAL'S IDENTITY 5 WOULD BE REVEALED BY A DISCLOSURE OF THOSE FACTS OR EVALUATION. 6 (N) COMMUNICATIONS AND NOTES WITHIN A PUBLIC BODY OR BETWEEN 7 PUBLIC BODIES OF AN ADVISORY NATURE TO THE EXTENT THAT THEY COVER 8 OTHER THAN PURELY FACTUAL MATERIALS AND ARE PRELIMINARY TO A 9 FINAL AGENCY DETERMINATION OF POLICY OR ACTION. THIS EXEMPTION 10 DOES NOT APPLY UNLESS THE PUBLIC BODY SHOWS THAT IN THE PARTICU- 11 LAR INSTANCE THE PUBLIC INTEREST IN ENCOURAGING FRANK COMMUNICA- 12 TIONS BETWEEN OFFICIALS AND EMPLOYEES OF PUBLIC BODIES CLEARLY 13 OUTWEIGHS THE PUBLIC INTEREST IN DISCLOSURE. THIS EXEMPTION DOES 14 NOT CONSTITUTE AN EXEMPTION FOR PURPOSES OF SECTION 42(H). AS 15 USED IN THIS SUBDIVISION, "DETERMINATION OF POLICY OR ACTION" 16 INCLUDES A DETERMINATION RELATING TO COLLECTIVE BARGAINING, 17 UNLESS THE PUBLIC RECORD IS OTHERWISE REQUIRED TO BE MADE AVAIL- 18 ABLE UNDER 1947 PA 336, MCL 423.201 TO 423.217. 19 (O) RECORDS OF LAW ENFORCEMENT COMMUNICATION CODES, OR PLANS 20 FOR DEPLOYMENT OF LAW ENFORCEMENT PERSONNEL, THAT IF DISCLOSED 21 WOULD PREJUDICE A PUBLIC BODY'S ABILITY TO PROTECT THE PUBLIC 22 SAFETY UNLESS THE PUBLIC INTEREST IN DISCLOSURE UNDER THIS ACT 23 OUTWEIGHS THE PUBLIC INTEREST IN NONDISCLOSURE IN THE PARTICULAR 24 INSTANCE. 25 (P) INFORMATION THAT WOULD REVEAL THE EXACT LOCATION OF 26 ARCHAEOLOGICAL SITES. THE SECRETARY OF STATE MAY PROMULGATE 27 RULES PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 02509'99 20 1 PA 306, MCL 24.201 TO 24.328, TO PROVIDE FOR THE DISCLOSURE OF 2 THE LOCATION OF ARCHAEOLOGICAL SITES FOR PURPOSES RELATING TO THE 3 PRESERVATION OR SCIENTIFIC EXAMINATION OF SITES. 4 (Q) TESTING DATA DEVELOPED BY A PUBLIC BODY IN DETERMINING 5 WHETHER BIDDERS' PRODUCTS MEET THE SPECIFICATIONS FOR PURCHASE OF 6 THOSE PRODUCTS BY THE PUBLIC BODY, IF DISCLOSURE OF THE DATA 7 WOULD REVEAL THAT ONLY 1 BIDDER HAS MET THE SPECIFICATIONS. THIS 8 SUBDIVISION DOES NOT APPLY AFTER 1 YEAR HAS ELAPSED FROM THE TIME 9 THE PUBLIC BODY COMPLETES THE TESTING. 10 (R) ACADEMIC TRANSCRIPTS OF AN INSTITUTION OF HIGHER EDUCA- 11 TION ESTABLISHED UNDER SECTION 5, 6, OR 7 OF ARTICLE VIII, IF THE 12 TRANSCRIPT PERTAINS TO A STUDENT WHO IS DELINQUENT IN THE PAYMENT 13 OF FINANCIAL OBLIGATIONS TO THE INSTITUTION. 14 (S) RECORDS OF ANY CAMPAIGN COMMITTEE INCLUDING ANY COMMIT- 15 TEE THAT RECEIVES MONEY FROM A STATE CAMPAIGN FUND. 16 (T) UNLESS THE PUBLIC INTEREST IN DISCLOSURE OUTWEIGHS THE 17 PUBLIC INTEREST IN NONDISCLOSURE IN THE PARTICULAR INSTANCE, 18 PUBLIC RECORDS OF A LAW ENFORCEMENT AGENCY, THE RELEASE OF WHICH 19 WOULD DO ANY OF THE FOLLOWING: 20 (i) IDENTIFY OR PROVIDE A MEANS OF IDENTIFYING AN INFORMER. 21 (ii) IDENTIFY OR PROVIDE A MEANS OF IDENTIFYING A LAW 22 ENFORCEMENT UNDERCOVER OFFICER OR AGENT OR A PLAIN CLOTHES OFFI- 23 CER AS A LAW ENFORCEMENT OFFICER OR AGENT. 24 (iii) DISCLOSE THE PERSONAL ADDRESS OR TELEPHONE NUMBER OF 25 LAW ENFORCEMENT OFFICERS OR AGENTS OR ANY SPECIAL SKILLS THAT 26 THEY MAY HAVE. 02509'99 21 1 (iv) DISCLOSE THE NAME, ADDRESS, OR TELEPHONE NUMBERS OF 2 FAMILY MEMBERS, RELATIVES, CHILDREN, OR PARENTS OF LAW 3 ENFORCEMENT OFFICERS OR AGENTS. 4 (v) DISCLOSE OPERATIONAL INSTRUCTIONS FOR LAW ENFORCEMENT 5 OFFICERS OR AGENTS. 6 (vi) REVEAL THE CONTENTS OF STAFF MANUALS PROVIDED FOR LAW 7 ENFORCEMENT OFFICERS OR AGENTS. 8 (vii) ENDANGER THE LIFE OR SAFETY OF LAW ENFORCEMENT OFFI- 9 CERS OR AGENTS OR THEIR FAMILIES, RELATIVES, CHILDREN, PARENTS, 10 OR THOSE WHO FURNISH INFORMATION TO LAW ENFORCEMENT DEPARTMENTS 11 OR AGENCIES. 12 (viii) IDENTIFY OR PROVIDE A MEANS OF IDENTIFYING A PERSON 13 AS A LAW ENFORCEMENT OFFICER, AGENT, OR INFORMER. 14 (ix) DISCLOSE PERSONNEL RECORDS OF LAW ENFORCEMENT 15 AGENCIES. 16 (x) IDENTIFY OR PROVIDE A MEANS OF IDENTIFYING RESIDENCES 17 THAT LAW ENFORCEMENT AGENCIES ARE REQUESTED TO CHECK IN THE 18 ABSENCE OF THEIR OWNERS OR TENANTS. 19 (U) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, 20 RECORDS AND INFORMATION PERTAINING TO AN INVESTIGATION OR A COM- 21 PLIANCE CONFERENCE CONDUCTED BY THE DEPARTMENT OF CONSUMER AND 22 INDUSTRY SERVICES UNDER ARTICLE 15 OF THE PUBLIC HEALTH CODE, 23 1978 PA 368, MCL 333.16101 TO 333.18838, BEFORE A COMPLAINT IS 24 ISSUED. THIS SUBDIVISION DOES NOT APPLY TO RECORDS AND INFORMA- 25 TION PERTAINING TO 1 OR MORE OF THE FOLLOWING: 02509'99 22 1 (i) THE FACT THAT AN ALLEGATION HAS BEEN RECEIVED AND AN 2 INVESTIGATION IS BEING CONDUCTED, AND THE DATE THE ALLEGATION WAS 3 RECEIVED. 4 (ii) THE FACT THAT AN ALLEGATION WAS RECEIVED BY THE DEPART- 5 MENT OF CONSUMER AND INDUSTRY SERVICES; THE FACT THAT THE DEPART- 6 MENT OF CONSUMER AND INDUSTRY SERVICES DID NOT ISSUE A COMPLAINT 7 FOR THE ALLEGATION; AND THE FACT THAT THE ALLEGATION WAS 8 DISMISSED. 9 (V) RECORDS OF A PUBLIC BODY'S SECURITY MEASURES, INCLUDING 10 SECURITY PLANS, SECURITY CODES AND COMBINATIONS, PASSWORDS, 11 PASSES, KEYS, AND SECURITY PROCEDURES, TO THE EXTENT THAT THE 12 RECORDS RELATE TO THE ONGOING SECURITY OF THE PUBLIC BODY. 13 (W) RECORDS OR INFORMATION RELATING TO A CIVIL ACTION IN 14 WHICH THE REQUESTING PARTY AND THE PUBLIC BODY ARE PARTIES. 15 (X) INFORMATION OR RECORDS THAT WOULD DISCLOSE THE SOCIAL 16 SECURITY NUMBER OF ANY INDIVIDUAL. 17 (Y) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, AN 18 APPLICATION FOR THE POSITION OF PRESIDENT OF AN INSTITUTION OF 19 HIGHER EDUCATION ESTABLISHED UNDER SECTION 4, 5, OR 6 OF ARTICLE 20 VIII, MATERIALS SUBMITTED WITH SUCH AN APPLICATION, LETTERS OF 21 RECOMMENDATION OR REFERENCES CONCERNING AN APPLICANT, AND RECORDS 22 OR INFORMATION RELATING TO THE PROCESS OF SEARCHING FOR AND 23 SELECTING AN INDIVIDUAL FOR A POSITION DESCRIBED IN THIS SUBDIVI- 24 SION, IF THE RECORDS OR INFORMATION COULD BE USED TO IDENTIFY A 25 CANDIDATE FOR THE POSITION. HOWEVER, AFTER 1 OR MORE INDIVIDUALS 26 HAVE BEEN IDENTIFIED AS FINALISTS FOR A POSITION DESCRIBED IN 27 THIS SUBDIVISION, THIS SUBDIVISION DOES NOT APPLY TO A PUBLIC 02509'99 23 1 RECORD DESCRIBED IN THIS SUBDIVISION, EXCEPT A LETTER OF 2 RECOMMENDATION OR REFERENCE, TO THE EXTENT THAT THE PUBLIC RECORD 3 RELATES TO AN INDIVIDUAL IDENTIFIED AS A FINALIST FOR THE 4 POSITION. 5 (2) THIS ARTICLE DOES NOT AUTHORIZE THE WITHHOLDING OF 6 INFORMATION OTHERWISE REQUIRED BY LAW TO BE MADE AVAILABLE TO THE 7 PUBLIC OR TO A PARTY IN A CONTESTED CASE UNDER THE ADMINISTRATIVE 8 PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328. 9 (3) EXCEPT AS OTHERWISE EXEMPT UNDER SUBSECTION (1), THIS 10 ARTICLE DOES NOT AUTHORIZE THE WITHHOLDING OF A PUBLIC RECORD IN 11 THE POSSESSION OF THE EXECUTIVE OFFICE OF THE GOVERNOR OR LIEU- 12 TENANT GOVERNOR, OR AN EMPLOYEE OF EITHER EXECUTIVE OFFICE, IF 13 THE PUBLIC RECORD IS TRANSFERRED TO THE EXECUTIVE OFFICE OF THE 14 GOVERNOR OR LIEUTENANT GOVERNOR, OR AN EMPLOYEE OF EITHER EXECU- 15 TIVE OFFICE, AFTER A REQUEST FOR THE PUBLIC RECORD HAS BEEN 16 RECEIVED BY A STATE OFFICER, EMPLOYEE, AGENCY, DEPARTMENT, DIVI- 17 SION, BUREAU, BOARD, COMMISSION, COUNCIL, AUTHORITY, OR OTHER 18 BODY IN THE EXECUTIVE BRANCH OF GOVERNMENT THAT IS SUBJECT TO 19 THIS ARTICLE. 20 SEC. 34. NOTWITHSTANDING SECTION 33, AN INSTITUTION OF 21 HIGHER EDUCATION ESTABLISHED UNDER SECTION 5, 6, OR 7 OF ARTICLE 22 VIII; A SCHOOL DISTRICT AS DEFINED IN SECTION 6 OF THE REVISED 23 SCHOOL CODE, 1976 PA 451, MCL 380.6; AN INTERMEDIATE SCHOOL DIS- 24 TRICT AS DEFINED IN SECTION 4 OF THE REVISED SCHOOL CODE, 1976 PA 25 451, MCL 380.4; OR A COMMUNITY COLLEGE ESTABLISHED UNDER THE COM- 26 MUNITY COLLEGE ACT OF 1966, 1966 PA 331, MCL 389.1 TO 389.195, 27 SHALL UPON REQUEST MAKE AVAILABLE TO THE PUBLIC THE SALARY 02509'99 24 1 RECORDS OF AN EMPLOYEE OR OTHER OFFICIAL OF THE INSTITUTION OF 2 HIGHER EDUCATION, SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, 3 OR COMMUNITY COLLEGE. 4 SEC. 35. (1) IF A PUBLIC RECORD CONTAINS MATERIAL WHICH IS 5 NOT EXEMPT UNDER SECTION 33, AS WELL AS MATERIAL WHICH IS EXEMPT 6 FROM DISCLOSURE UNDER SECTION 33, THE PUBLIC BODY SHALL SEPARATE 7 THE EXEMPT AND NONEXEMPT MATERIAL AND MAKE THE NONEXEMPT MATERIAL 8 AVAILABLE FOR EXAMINATION AND COPYING. 9 (2) WHEN DESIGNING A PUBLIC RECORD, A PUBLIC BODY SHALL, TO 10 THE EXTENT PRACTICABLE, FACILITATE A SEPARATION OF EXEMPT FROM 11 NONEXEMPT INFORMATION. IF THE SEPARATION IS READILY APPARENT TO 12 A PERSON REQUESTING TO INSPECT OR RECEIVE COPIES OF THE FORM, THE 13 PUBLIC BODY SHALL GENERALLY DESCRIBE THE MATERIAL EXEMPTED UNLESS 14 THAT DESCRIPTION WOULD REVEAL THE CONTENTS OF THE EXEMPT INFORMA- 15 TION AND THUS DEFEAT THE PURPOSE OF THE EXEMPTION. 16 SEC. 36. THIS ARTICLE DOES NOT PROHIBIT A PUBLIC BODY FROM 17 ADOPTING AN ORDINANCE, RESOLUTION, RULE, OR CHARTER PROVISION 18 WHICH WOULD REQUIRE A GREATER DEGREE OF OPENNESS RELATIVE TO 19 MEETINGS OF PUBLIC BODIES THAN THE STANDARDS PROVIDED FOR IN THIS 20 ARTICLE. 21 SEC. 37. (1) ALL MEETINGS OF A PUBLIC BODY SHALL BE OPEN TO 22 THE PUBLIC AND SHALL BE HELD IN A PLACE AVAILABLE TO THE GENERAL 23 PUBLIC. ALL PERSONS SHALL BE PERMITTED TO ATTEND ANY MEETING 24 EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE. THE RIGHT OF A 25 PERSON TO ATTEND A MEETING OF A PUBLIC BODY INCLUDES THE RIGHT TO 26 TAPE-RECORD, TO VIDEOTAPE, TO BROADCAST LIVE ON RADIO, AND TO 27 TELECAST LIVE ON TELEVISION THE PROCEEDINGS OF A PUBLIC BODY AT A 02509'99 25 1 PUBLIC MEETING. THE EXERCISE OF THIS RIGHT SHALL NOT BE 2 DEPENDENT UPON THE PRIOR APPROVAL OF THE PUBLIC BODY. HOWEVER, A 3 PUBLIC BODY MAY ESTABLISH REASONABLE RULES AND REGULATIONS IN 4 ORDER TO MINIMIZE THE POSSIBILITY OF DISRUPTING THE MEETING. 5 (2) ALL DECISIONS OF A PUBLIC BODY SHALL BE MADE AT A MEET- 6 ING OPEN TO THE PUBLIC. 7 (3) ALL DELIBERATIONS OF A PUBLIC BODY CONSTITUTING A QUORUM 8 OF ITS MEMBERS SHALL TAKE PLACE AT A MEETING OPEN TO THE PUBLIC 9 EXCEPT AS PROVIDED IN THIS SECTION AND SECTIONS 41 AND 42. 10 (4) A PERSON SHALL NOT BE REQUIRED AS A CONDITION OF 11 ATTENDANCE AT A MEETING OF A PUBLIC BODY TO REGISTER OR OTHERWISE 12 PROVIDE HIS OR HER NAME OR OTHER INFORMATION OR OTHERWISE TO FUL- 13 FILL A CONDITION PRECEDENT TO ATTENDANCE. 14 (5) A PERSON SHALL BE PERMITTED TO ADDRESS A MEETING OF A 15 PUBLIC BODY UNDER RULES ESTABLISHED AND RECORDED BY THE PUBLIC 16 BODY. THE LEGISLATURE OR A HOUSE OF THE LEGISLATURE MAY PROVIDE 17 BY RULE THAT THE RIGHT TO ADDRESS MAY BE LIMITED TO PRESCRIBED 18 TIMES AT HEARINGS AND COMMITTEE MEETINGS ONLY. 19 (6) A PERSON SHALL NOT BE EXCLUDED FROM A MEETING OTHERWISE 20 OPEN TO THE PUBLIC EXCEPT FOR A BREACH OF THE PEACE ACTUALLY COM- 21 MITTED AT THE MEETING. 22 (7) THIS SECTION AND SECTIONS 38 THROUGH 48 DO NOT APPLY TO 23 THE FOLLOWING PUBLIC BODIES ONLY WHEN DELIBERATING THE MERITS OF 24 A CASE: 25 (A) THE WORKER'S COMPENSATION APPEAL BOARD CREATED UNDER THE 26 WORKER'S DISABILITY COMPENSATION ACT OF 1969, 1969 PA 317, MCL 27 418.101 TO 418.941. 02509'99 26 1 (B) THE EMPLOYMENT SECURITY BOARD OF REVIEW CREATED UNDER 2 THE MICHIGAN EMPLOYMENT SECURITY ACT, 1936 (EX SESS) PA 1, MCL 3 421.1 TO 421.75. 4 (C) THE STATE TENURE COMMISSION CREATED UNDER 1937 (EX SESS) 5 PA 4, MCL 38.71 TO 38.191, WHEN ACTING AS A BOARD OF REVIEW FROM 6 THE DECISION OF A CONTROLLING BOARD. 7 (D) AN ARBITRATOR OR ARBITRATION PANEL APPOINTED BY THE 8 EMPLOYMENT RELATIONS COMMISSION UNDER THE AUTHORITY GIVEN THE 9 COMMISSION BY 1939 PA 176, MCL 423.1 TO 423.30. 10 (E) AN ARBITRATION PANEL SELECTED IN ACCORDANCE WITH THE 11 REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.101 TO 12 600.9948. 13 (F) THE MICHIGAN PUBLIC SERVICE COMMISSION CREATED UNDER 14 1939 PA 3, MCL 460.1 TO 460.8. 15 (8) THIS SECTION AND SECTIONS 38 THROUGH 48 DO NOT APPLY TO 16 AN ASSOCIATION OF INSURERS CREATED UNDER THE INSURANCE CODE OF 17 1956, 1956 PA 218, MCL 500.100 TO 500.8302, OR TO ANY OTHER ASSO- 18 CIATION OR FACILITY FORMED UNDER THE INSURANCE CODE OF 1956, 1956 19 PA 218, MCL 500.100 TO 500.8302, AS A NONPROFIT ORGANIZATION OF 20 INSURER MEMBERS. 21 (9) THIS SECTION AND SECTIONS 38 THROUGH 48 DO NOT APPLY TO 22 A COMMITTEE OF A PUBLIC BODY THAT ADOPTS A NONPOLICYMAKING RESO- 23 LUTION OF TRIBUTE OR MEMORIAL, WHICH RESOLUTION IS NOT ADOPTED AT 24 A MEETING. 25 (10) THIS SECTION AND SECTIONS 38 THROUGH 48 DO NOT APPLY TO 26 A MEETING THAT IS A SOCIAL OR CHANCE GATHERING OR CONFERENCE NOT 27 DESIGNED TO AVOID THIS ARTICLE. 02509'99 27 1 (11) THIS SECTION AND SECTIONS 38 THROUGH 48 DO NOT APPLY TO 2 THE MICHIGAN VETERANS' TRUST FUND BOARD OF TRUSTEES OR A COUNTY 3 OR DISTRICT COMMITTEE CREATED UNDER 1946 (1ST EX SESS) PA 9, MCL 4 35.601 TO 35.610, WHEN THE BOARD OF TRUSTEES OR COUNTY OR DIS- 5 TRICT COMMITTEE IS DELIBERATING THE MERITS OF AN EMERGENT NEED. 6 A DECISION OF THE BOARD OF TRUSTEES OR COUNTY OR DISTRICT COMMIT- 7 TEE MADE UNDER THIS SUBSECTION SHALL BE RECONSIDERED BY THE BOARD 8 OR COMMITTEE AT ITS NEXT REGULAR OR SPECIAL MEETING CONSISTENT 9 WITH THE REQUIREMENTS OF THIS ARTICLE. "EMERGENT NEED" MEANS A 10 SITUATION WHICH THE BOARD OF TRUSTEES, BY RULES PROMULGATED UNDER 11 THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 12 24.201 TO 24.328, DETERMINES REQUIRES IMMEDIATE ACTION. 13 SEC. 38. THE FOLLOWING PROVISIONS APPLY WITH RESPECT TO 14 PUBLIC NOTICE OF MEETINGS: 15 (A) A PUBLIC NOTICE SHALL ALWAYS CONTAIN THE NAME OF THE 16 PUBLIC BODY TO WHICH THE NOTICE APPLIES, ITS TELEPHONE NUMBER IF 17 ONE EXISTS, AND ITS ADDRESS. 18 (B) A PUBLIC NOTICE FOR A PUBLIC BODY SHALL ALWAYS BE POSTED 19 AT ITS PRINCIPAL OFFICE AND ANY OTHER LOCATIONS CONSIDERED APPRO- 20 PRIATE BY THE PUBLIC BODY. CABLE TELEVISION MAY ALSO BE UTILIZED 21 FOR PURPOSES OF POSTING PUBLIC NOTICE. 22 (C) IF A PUBLIC BODY IS A PART OF A STATE DEPARTMENT, PART 23 OF THE LEGISLATIVE OR JUDICIAL BRANCH OF STATE GOVERNMENT, PART 24 OF AN INSTITUTION OF HIGHER EDUCATION, OR PART OF A POLITICAL 25 SUBDIVISION OR SCHOOL DISTRICT, A PUBLIC NOTICE SHALL ALSO BE 26 POSTED IN THE RESPECTIVE PRINCIPAL OFFICE OF THE STATE 27 DEPARTMENT, THE INSTITUTION OF HIGHER EDUCATION, CLERK OF THE 02509'99 28 1 HOUSE OF REPRESENTATIVES, SECRETARY OF THE STATE SENATE, CLERK OF 2 THE SUPREME COURT, OR POLITICAL SUBDIVISION OR SCHOOL DISTRICT. 3 (D) IF A PUBLIC BODY DOES NOT HAVE A PRINCIPAL OFFICE, THE 4 REQUIRED PUBLIC NOTICE FOR A LOCAL PUBLIC BODY SHALL BE POSTED IN 5 THE OFFICE OF THE COUNTY CLERK IN WHICH THE PUBLIC BODY SERVES 6 AND THE REQUIRED PUBLIC NOTICE FOR A STATE PUBLIC BODY SHALL BE 7 POSTED IN THE OFFICE OF THE SECRETARY OF STATE. 8 SEC. 39. (1) A MEETING OF A PUBLIC BODY SHALL NOT BE HELD 9 UNLESS PUBLIC NOTICE IS GIVEN AS PROVIDED IN THIS SECTION BY A 10 PERSON DESIGNATED BY THE PUBLIC BODY. 11 (2) FOR REGULAR MEETINGS OF A PUBLIC BODY, THERE SHALL BE 12 POSTED WITHIN 10 DAYS AFTER THE FIRST MEETING OF THE PUBLIC BODY 13 IN EACH CALENDAR OR FISCAL YEAR A PUBLIC NOTICE STATING THE 14 DATES, TIMES, AND PLACES OF ITS REGULAR MEETINGS. 15 (3) IF THERE IS A CHANGE IN THE SCHEDULE OF REGULAR MEETINGS 16 OF A PUBLIC BODY, THERE SHALL BE POSTED WITHIN 3 DAYS AFTER THE 17 MEETING AT WHICH THE CHANGE IS MADE, A PUBLIC NOTICE STATING THE 18 NEW DATES, TIMES, AND PLACES OF ITS REGULAR MEETINGS. 19 (4) EXCEPT AS PROVIDED IN THIS SUBSECTION OR IN 20 SUBSECTION (6), FOR A RESCHEDULED REGULAR OR A SPECIAL MEETING OF 21 A PUBLIC BODY, A PUBLIC NOTICE STATING THE DATE, TIME, AND PLACE 22 OF THE MEETING SHALL BE POSTED AT LEAST 18 HOURS BEFORE THE 23 MEETING. THE REQUIREMENT OF 18-HOUR NOTICE SHALL NOT APPLY TO 24 SPECIAL MEETINGS OF SUBCOMMITTEES OF A PUBLIC BODY OR CONFERENCE 25 COMMITTEES OF THE STATE LEGISLATURE. A CONFERENCE COMMITTEE 26 SHALL GIVE A 6-HOUR NOTICE. A SECOND CONFERENCE COMMITTEE SHALL 27 GIVE A 1-HOUR NOTICE. NOTICE OF A CONFERENCE COMMITTEE MEETING 02509'99 29 1 SHALL INCLUDE WRITTEN NOTICE TO EACH MEMBER OF THE CONFERENCE 2 COMMITTEE AND THE MAJORITY AND MINORITY LEADER OF EACH HOUSE 3 INDICATING TIME AND PLACE OF THE MEETING. 4 (5) A MEETING OF A PUBLIC BODY WHICH IS RECESSED FOR MORE 5 THAN 36 HOURS SHALL BE RECONVENED ONLY AFTER PUBLIC NOTICE, WHICH 6 IS EQUIVALENT TO THAT REQUIRED UNDER SUBSECTION (4), HAS BEEN 7 POSTED. IF EITHER HOUSE OF THE STATE LEGISLATURE IS ADJOURNED OR 8 RECESSED FOR LESS THAN 18 HOURS, THE NOTICE PROVISIONS OF 9 SUBSECTION (4) ARE NOT APPLICABLE. NOTHING IN THIS SECTION SHALL 10 BAR A PUBLIC BODY FROM MEETING IN EMERGENCY SESSION IN THE EVENT 11 OF A SEVERE AND IMMINENT THREAT TO THE HEALTH, SAFETY, OR WELFARE 12 OF THE PUBLIC WHEN 2/3 OF THE MEMBERS SERVING ON THE BODY DECIDE 13 THAT DELAY WOULD BE DETRIMENTAL TO EFFORTS TO LESSEN OR RESPOND 14 TO THE THREAT. 15 (6) A MEETING OF A PUBLIC BODY MAY ONLY TAKE PLACE IN A RES- 16 IDENTIAL DWELLING IF A NONRESIDENTIAL BUILDING WITHIN THE BOUND- 17 ARY OF THE LOCAL GOVERNMENTAL UNIT OR SCHOOL SYSTEM IS NOT AVAIL- 18 ABLE WITHOUT COST TO THE PUBLIC BODY. FOR A MEETING OF A PUBLIC 19 BODY WHICH IS HELD IN A RESIDENTIAL DWELLING, NOTICE OF THE MEET- 20 ING SHALL BE PUBLISHED AS A DISPLAY ADVERTISEMENT IN A NEWSPAPER 21 OF GENERAL CIRCULATION IN THE CITY OR TOWNSHIP IN WHICH THE MEET- 22 ING IS TO BE HELD. THE NOTICE SHALL BE PUBLISHED NOT LESS THAN 23 2 DAYS BEFORE THE DAY ON WHICH THE MEETING IS HELD, AND SHALL 24 STATE THE DATE, TIME, AND PLACE OF THE MEETING. THE NOTICE, 25 WHICH SHALL BE AT THE BOTTOM OF THE DISPLAY ADVERTISEMENT AND 26 WHICH SHALL BE SET OFF IN A CONSPICUOUS MANNER, SHALL INCLUDE THE 27 FOLLOWING LANGUAGE: "THIS MEETING IS OPEN TO ALL MEMBERS OF THE 02509'99 30 1 PUBLIC UNDER MICHIGAN'S CONSTITUTIONAL OPEN MEETINGS 2 REQUIREMENTS". 3 SEC. 40. (1) UPON THE WRITTEN REQUEST OF AN INDIVIDUAL, 4 ORGANIZATION, FIRM, OR CORPORATION, AND UPON THE REQUESTING 5 PARTY'S PAYMENT OF A YEARLY FEE OF NOT MORE THAN THE REASONABLE 6 ESTIMATED COST FOR PRINTING AND POSTAGE OF SUCH NOTICES, A PUBLIC 7 BODY SHALL SEND TO THE REQUESTING PARTY BY FIRST-CLASS MAIL A 8 COPY OF ANY NOTICE REQUIRED TO BE POSTED PURSUANT TO SECTION 9 39(2) TO (5). 10 (2) UPON WRITTEN REQUEST, A PUBLIC BODY, AT THE SAME TIME A 11 PUBLIC NOTICE OF A MEETING IS POSTED PURSUANT TO SECTION 39, 12 SHALL PROVIDE A COPY OF THE PUBLIC NOTICE OF THAT MEETING TO ANY 13 NEWSPAPER PUBLISHED IN THE STATE AND TO ANY RADIO AND TELEVISION 14 STATION LOCATED IN THE STATE, FREE OF CHARGE. 15 SEC. 41. (1) A 2/3 ROLL CALL VOTE OF MEMBERS ELECTED OR 16 APPOINTED AND SERVING IS REQUIRED TO CALL A CLOSED SESSION, 17 EXCEPT FOR THE CLOSED SESSIONS PERMITTED UNDER SECTION 42(A), 18 (B), (C), (G), (I), AND (J). THE ROLL CALL VOTE AND THE PURPOSE 19 OR PURPOSES FOR CALLING THE CLOSED SESSION SHALL BE ENTERED INTO 20 THE MINUTES OF THE MEETING AT WHICH THE VOTE IS TAKEN. 21 (2) A SEPARATE SET OF MINUTES SHALL BE TAKEN BY THE CLERK OR 22 THE DESIGNATED SECRETARY OF THE PUBLIC BODY AT THE CLOSED 23 SESSION. THESE MINUTES SHALL BE RETAINED BY THE CLERK OF THE 24 PUBLIC BODY, ARE NOT AVAILABLE TO THE PUBLIC, AND SHALL ONLY BE 25 DISCLOSED IF REQUIRED BY A CIVIL ACTION FILED UNDER SECTION 44, 26 45, OR 47. THESE MINUTES MAY BE DESTROYED 1 YEAR AND 1 DAY AFTER 02509'99 31 1 APPROVAL OF THE MINUTES OF THE REGULAR MEETING AT WHICH THE 2 CLOSED SESSION WAS APPROVED. 3 SEC. 42. A PUBLIC BODY MAY MEET IN A CLOSED SESSION ONLY 4 FOR THE FOLLOWING PURPOSES: 5 (A) TO CONSIDER THE DISMISSAL, SUSPENSION, OR DISCIPLINING 6 OF, OR TO HEAR COMPLAINTS OR CHARGES BROUGHT AGAINST, OR TO CON- 7 SIDER A PERIODIC PERSONNEL EVALUATION OF, A PUBLIC OFFICER, 8 EMPLOYEE, STAFF MEMBER, OR INDIVIDUAL AGENT, IF THE NAMED PERSON 9 REQUESTS A CLOSED HEARING. A PERSON REQUESTING A CLOSED HEARING 10 MAY RESCIND THE REQUEST AT ANY TIME, IN WHICH CASE THE MATTER AT 11 ISSUE SHALL BE CONSIDERED AFTER THE RESCISSION ONLY IN OPEN 12 SESSIONS. 13 (B) TO CONSIDER THE DISMISSAL, SUSPENSION, OR DISCIPLINING 14 OF A STUDENT IF THE PUBLIC BODY IS PART OF THE SCHOOL DISTRICT, 15 INTERMEDIATE SCHOOL DISTRICT, OR INSTITUTION OF HIGHER EDUCATION 16 THAT THE STUDENT IS ATTENDING, AND IF THE STUDENT OR THE 17 STUDENT'S PARENT OR GUARDIAN REQUESTS A CLOSED HEARING. 18 (C) FOR STRATEGY AND NEGOTIATION SESSIONS CONNECTED WITH THE 19 NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT IF EITHER NEGO- 20 TIATING PARTY REQUESTS A CLOSED HEARING. 21 (D) TO CONSIDER THE PURCHASE OR LEASE OF REAL PROPERTY UP TO 22 THE TIME AN OPTION TO PURCHASE OR LEASE THAT REAL PROPERTY IS 23 OBTAINED. 24 (E) TO CONSULT WITH ITS ATTORNEY REGARDING TRIAL OR SETTLE- 25 MENT STRATEGY IN CONNECTION WITH SPECIFIC PENDING LITIGATION, BUT 26 ONLY IF AN OPEN MEETING WOULD HAVE A DETRIMENTAL FINANCIAL EFFECT 27 ON THE LITIGATING OR SETTLEMENT POSITION OF THE PUBLIC BODY. 02509'99 32 1 (F) TO REVIEW AND CONSIDER THE CONTENTS OF AN APPLICATION 2 FOR EMPLOYMENT OR APPOINTMENT TO A PUBLIC OFFICE IF THE CANDIDATE 3 REQUESTS THAT THE APPLICATION REMAIN CONFIDENTIAL. HOWEVER, 4 EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, ALL INTERVIEWS 5 BY A PUBLIC BODY FOR EMPLOYMENT OR APPOINTMENT TO A PUBLIC OFFICE 6 SHALL BE HELD IN AN OPEN MEETING PURSUANT TO SECTIONS 36 THROUGH 7 48. THIS SUBDIVISION DOES NOT APPLY TO A PUBLIC OFFICE DESCRIBED 8 IN SUBDIVISION (J). 9 (G) PARTISAN CAUCUSES OF MEMBERS OF THE STATE LEGISLATURE. 10 (H) TO CONSIDER MATERIAL EXEMPT FROM DISCUSSION OR DISCLO- 11 SURE BY STATE OR FEDERAL STATUTE. 12 (I) FOR A COMPLIANCE CONFERENCE CONDUCTED BY THE DEPARTMENT 13 OF CONSUMER AND INDUSTRY SERVICES UNDER SECTION 16231 OF THE 14 PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.16231, BEFORE A COM- 15 PLAINT IS ISSUED. 16 (J) IN THE PROCESS OF SEARCHING FOR AND SELECTING A PRESI- 17 DENT OF AN INSTITUTION OF HIGHER EDUCATION ESTABLISHED UNDER SEC- 18 TION 4, 5, OR 6 OF ARTICLE VIII, TO REVIEW THE SPECIFIC CONTENTS 19 OF AN APPLICATION, TO CONDUCT AN INTERVIEW WITH A CANDIDATE, OR 20 TO DISCUSS THE SPECIFIC QUALIFICATIONS OF A CANDIDATE IF THE PAR- 21 TICULAR PROCESS OF SEARCHING FOR AND SELECTING A PRESIDENT OF AN 22 INSTITUTION OF HIGHER EDUCATION MEETS ALL OF THE FOLLOWING 23 REQUIREMENTS: 24 (i) THE SEARCH COMMITTEE IN THE PROCESS, APPOINTED BY THE 25 GOVERNING BOARD, CONSISTS OF AT LEAST 1 STUDENT OF THE INSTITU- 26 TION, 1 FACULTY MEMBER OF THE INSTITUTION, 1 ADMINISTRATOR OF THE 27 INSTITUTION, 1 ALUMNUS OF THE INSTITUTION, AND 1 REPRESENTATIVE 02509'99 33 1 OF THE GENERAL PUBLIC. THE SEARCH COMMITTEE ALSO MAY INCLUDE 1 2 OR MORE MEMBERS OF THE GOVERNING BOARD OF THE INSTITUTION, BUT 3 THE NUMBER SHALL NOT CONSTITUTE A QUORUM OF THE GOVERNING BOARD. 4 HOWEVER, THE SEARCH COMMITTEE SHALL NOT BE CONSTITUTED IN SUCH A 5 WAY THAT ANY 1 OF THE GROUPS DESCRIBED IN THIS SUBPARAGRAPH CON- 6 STITUTES A MAJORITY OF THE SEARCH COMMITTEE. 7 (ii) AFTER THE SEARCH COMMITTEE RECOMMENDS THE 5 FINAL CAN- 8 DIDATES, THE GOVERNING BOARD DOES NOT TAKE A VOTE ON A FINAL 9 SELECTION FOR THE PRESIDENT UNTIL AT LEAST 30 DAYS AFTER THE 5 10 FINAL CANDIDATES HAVE BEEN PUBLICLY IDENTIFIED BY THE SEARCH 11 COMMITTEE. 12 (iii) THE DELIBERATIONS AND VOTE OF THE GOVERNING BOARD OF 13 THE INSTITUTION ON SELECTING THE PRESIDENT TAKE PLACE IN AN OPEN 14 SESSION OF THE GOVERNING BOARD. 15 SEC. 43. (1) EACH PUBLIC BODY SHALL KEEP MINUTES OF EACH 16 MEETING SHOWING THE DATE, TIME, PLACE, MEMBERS PRESENT, MEMBERS 17 ABSENT, ANY DECISIONS MADE AT A MEETING OPEN TO THE PUBLIC, AND 18 THE PURPOSE OR PURPOSES FOR WHICH A CLOSED SESSION IS HELD. THE 19 MINUTES SHALL INCLUDE ALL ROLL CALL VOTES TAKEN AT THE MEETING. 20 CORRECTIONS IN THE MINUTES SHALL BE MADE NOT LATER THAN THE NEXT 21 MEETING AFTER THE MEETING TO WHICH THE MINUTES REFER. CORRECTED 22 MINUTES SHALL BE AVAILABLE NO LATER THAN THE NEXT SUBSEQUENT 23 MEETING AFTER CORRECTION. THE CORRECTED MINUTES SHALL SHOW BOTH 24 THE ORIGINAL ENTRY AND THE CORRECTION. 25 (2) MINUTES SHALL BE PUBLIC RECORDS OPEN TO PUBLIC INSPEC- 26 TION AND SHALL BE AVAILABLE AT THE ADDRESS DESIGNATED ON POSTED 27 PUBLIC NOTICES PURSUANT TO SECTION 38. COPIES OF THE MINUTES 02509'99 34 1 SHALL BE AVAILABLE TO THE PUBLIC AT THE REASONABLE ESTIMATED COST 2 FOR PRINTING AND COPYING. 3 (3) PROPOSED MINUTES SHALL BE AVAILABLE FOR PUBLIC INSPEC- 4 TION NOT MORE THAN 8 BUSINESS DAYS AFTER THE MEETING TO WHICH THE 5 MINUTES REFER. APPROVED MINUTES SHALL BE AVAILABLE FOR PUBLIC 6 INSPECTION NOT LATER THAN 5 BUSINESS DAYS AFTER THE MEETING AT 7 WHICH THE MINUTES ARE APPROVED BY THE PUBLIC BODY. 8 SEC. 44. (1) DECISIONS OF A PUBLIC BODY SHALL BE PRESUMED 9 TO HAVE BEEN ADOPTED IN COMPLIANCE WITH THE REQUIREMENTS OF SEC- 10 TIONS 36 THROUGH 48. THE ATTORNEY GENERAL, THE PROSECUTING 11 ATTORNEY OF THE COUNTY IN WHICH THE PUBLIC BODY SERVES, OR ANY 12 PERSON MAY COMMENCE A CIVIL ACTION IN THE CIRCUIT COURT TO CHAL- 13 LENGE THE VALIDITY OF A DECISION OF A PUBLIC BODY MADE IN VIOLA- 14 TION OF SECTIONS 36 THROUGH 48. 15 (2) A DECISION MADE BY A PUBLIC BODY MAY BE INVALIDATED IF 16 THE PUBLIC BODY HAS NOT COMPLIED WITH THE REQUIREMENTS OF SECTION 17 37(1), (2), AND (3) IN MAKING THE DECISION OR IF FAILURE TO GIVE 18 NOTICE IN ACCORDANCE WITH SECTION 39 HAS INTERFERED WITH SUBSTAN- 19 TIAL COMPLIANCE WITH SECTION 37(1), (2), AND (3) AND THE COURT 20 FINDS THAT THE NONCOMPLIANCE OR FAILURE HAS IMPAIRED THE RIGHTS 21 OF THE PUBLIC UNDER THIS ARTICLE. 22 (3) THE CIRCUIT COURT SHALL NOT HAVE JURISDICTION TO INVALI- 23 DATE A DECISION OF A PUBLIC BODY FOR A VIOLATION OF ANY PROVISION 24 OF SECTIONS 37 THROUGH 48 UNLESS AN ACTION IS COMMENCED PURSUANT 25 TO THIS SECTION WITHIN THE FOLLOWING SPECIFIED PERIOD OF TIME: 02509'99 35 1 (A) WITHIN 60 DAYS AFTER THE APPROVED MINUTES ARE MADE 2 AVAILABLE TO THE PUBLIC BY THE PUBLIC BODY EXCEPT AS OTHERWISE 3 PROVIDED IN SUBDIVISION (B). 4 (B) IF THE DECISION INVOLVES THE APPROVAL OF CONTRACTS, THE 5 RECEIPT OR ACCEPTANCE OF BIDS, THE MAKING OF ASSESSMENTS, THE 6 PROCEDURES PERTAINING TO THE ISSUANCE OF BONDS OR OTHER EVIDENCES 7 OF INDEBTEDNESS, OR THE SUBMISSION OF A BORROWING PROPOSAL TO THE 8 ELECTORS, WITHIN 30 DAYS AFTER THE APPROVED MINUTES ARE MADE 9 AVAILABLE TO THE PUBLIC PURSUANT TO THAT DECISION. 10 (4) VENUE FOR AN ACTION UNDER THIS SECTION SHALL BE ANY 11 COUNTY IN WHICH A LOCAL PUBLIC BODY SERVES OR, IF THE DECISION OF 12 A STATE PUBLIC BODY IS AT ISSUE, IN INGHAM COUNTY. 13 (5) IN ANY CASE WHERE AN ACTION HAS BEEN INITIATED TO INVAL- 14 IDATE A DECISION OF A PUBLIC BODY ON THE GROUND THAT IT WAS NOT 15 TAKEN IN CONFORMITY WITH THE REQUIREMENTS OF ANY PROVISION OF 16 SECTIONS 36 THROUGH 48, THE PUBLIC BODY MAY, WITHOUT BEING DEEMED 17 TO MAKE ANY ADMISSION CONTRARY TO ITS INTEREST, REENACT THE DIS- 18 PUTED DECISION IN CONFORMITY WITH SECTIONS 36 THROUGH 48. A 19 DECISION REENACTED IN THIS MANNER SHALL BE EFFECTIVE FROM THE 20 DATE OF REENACTMENT AND SHALL NOT BE DECLARED INVALID BY REASON 21 OF A DEFICIENCY IN THE PROCEDURE USED FOR ITS INITIAL ENACTMENT. 22 SEC. 45. (1) IF A PUBLIC BODY IS NOT COMPLYING WITH ANY 23 PROVISION OF SECTIONS 36 THROUGH 48, THE ATTORNEY GENERAL, PROSE- 24 CUTING ATTORNEY OF THE COUNTY IN WHICH THE PUBLIC BODY SERVES, OR 25 A PERSON MAY COMMENCE A CIVIL ACTION TO COMPEL COMPLIANCE OR TO 26 ENJOIN FURTHER NONCOMPLIANCE WITH SECTIONS 36 THROUGH 48. 02509'99 36 1 (2) AN ACTION FOR INJUNCTIVE RELIEF AGAINST A LOCAL PUBLIC 2 BODY SHALL BE COMMENCED IN THE CIRCUIT COURT, AND VENUE IS PROPER 3 IN ANY COUNTY IN WHICH THE PUBLIC BODY SERVES. AN ACTION FOR AN 4 INJUNCTION AGAINST A STATE PUBLIC BODY SHALL BE COMMENCED IN THE 5 CIRCUIT COURT AND VENUE IS PROPER IN ANY COUNTY IN WHICH THE 6 PUBLIC BODY HAS ITS PRINCIPAL OFFICE, OR IN INGHAM COUNTY. IF A 7 PERSON COMMENCES AN ACTION FOR INJUNCTIVE RELIEF, THAT PERSON 8 SHALL NOT BE REQUIRED TO POST SECURITY AS A CONDITION FOR OBTAIN- 9 ING A PRELIMINARY INJUNCTION OR A TEMPORARY RESTRAINING ORDER. 10 (3) AN ACTION FOR MANDAMUS AGAINST A PUBLIC BODY UNDER ANY 11 PROVISION OF SECTIONS 36 THROUGH 48 SHALL BE COMMENCED IN THE 12 COURT OF APPEALS. 13 (4) IF A PUBLIC BODY IS NOT COMPLYING WITH ANY PROVISION OF 14 SECTIONS 36 THROUGH 48, AND A PERSON COMMENCES A CIVIL ACTION 15 AGAINST THE PUBLIC BODY FOR INJUNCTIVE RELIEF TO COMPEL COMPLI- 16 ANCE OR TO ENJOIN FURTHER NONCOMPLIANCE WITH ANY PROVISION OF 17 SECTIONS 36 THROUGH 48 AND SUCCEEDS IN OBTAINING RELIEF IN THE 18 ACTION, THE PERSON SHALL RECOVER COURT COSTS AND ACTUAL ATTORNEY 19 FEES FOR THE ACTION. 20 SEC. 46. (1) A PUBLIC OFFICIAL WHO INTENTIONALLY VIOLATES 21 ANY PROVISION OF SECTIONS 36 THROUGH 48 IS GUILTY OF A MISDE- 22 MEANOR PUNISHABLE BY A FINE OF NOT MORE THAN $1,000.00. 23 (2) A PUBLIC OFFICIAL WHO IS CONVICTED OF INTENTIONALLY VIO- 24 LATING ANY PROVISION OF SECTIONS 36 THROUGH 48 FOR A SECOND TIME 25 WITHIN THE SAME TERM IS GUILTY OF A MISDEMEANOR AND SHALL BE 26 FINED NOT MORE THAN $2,000.00, OR IMPRISONED FOR NOT MORE THAN 1 27 YEAR, OR BOTH. 02509'99 37 1 SEC. 47. (1) A PUBLIC OFFICIAL WHO INTENTIONALLY VIOLATES 2 ANY PROVISION OF SECTIONS 36 THROUGH 48 SHALL BE PERSONALLY 3 LIABLE IN A CIVIL ACTION FOR ACTUAL AND EXEMPLARY DAMAGES OF NOT 4 MORE THAN $500.00 TOTAL, PLUS COURT COSTS AND ACTUAL ATTORNEY 5 FEES TO A PERSON OR GROUP OF PERSONS BRINGING THE ACTION. 6 (2) NOT MORE THAN 1 ACTION UNDER THIS SECTION SHALL BE 7 BROUGHT AGAINST A PUBLIC OFFICIAL FOR A SINGLE MEETING. AN 8 ACTION UNDER THIS SECTION SHALL BE COMMENCED WITHIN 180 DAYS 9 AFTER THE DATE OF THE VIOLATION WHICH GIVES RISE TO THE CAUSE OF 10 ACTION. 11 (3) AN ACTION FOR DAMAGES UNDER THIS SECTION MAY BE JOINED 12 WITH AN ACTION FOR INJUNCTIVE OR EXEMPLARY RELIEF UNDER SECTION 13 45. 14 SEC. 48. IF THE GOVERNING BOARD OF AN INSTITUTION OF HIGHER 15 EDUCATION ESTABLISHED UNDER SECTION 4, 5, OR 6 OF ARTICLE VIII 16 VIOLATES ANY PROVISION OF SECTIONS 37 THROUGH 47 WITH RESPECT TO 17 THE PROCESS OF SELECTING A PRESIDENT OF THE INSTITUTION AT ANY 18 TIME AFTER THE RECOMMENDATION OF FINAL CANDIDATES TO THE GOVERN- 19 ING BOARD, AS DESCRIBED IN SECTION 42(J), THE INSTITUTION IS 20 RESPONSIBLE FOR THE PAYMENT OF A CIVIL FINE OF NOT MORE THAN 21 $500,000.00. THIS CIVIL FINE IS IN ADDITION TO ANY OTHER REMEDY 22 OR PENALTY UNDER ANY PROVISION OF SECTIONS 36 THROUGH THIS 23 SECTION. TO THE EXTENT POSSIBLE, ANY PAYMENT OF FINES IMPOSED 24 UNDER THIS SECTION SHALL BE PAID FROM FUNDS ALLOCATED BY THE 25 INSTITUTION OF HIGHER EDUCATION TO PAY FOR THE TRAVEL AND 26 EXPENSES OF THE MEMBERS OF THE GOVERNING BOARD. 02509'99 38 1 Resolved further, That the foregoing amendment shall be 2 submitted to the people of the state at the next general election 3 in the manner provided by law. 02509'99 Final page. DMS