February 28, 2018, Introduced by Senators KNEZEK, SHIRKEY, SCHMIDT, O'BRIEN, MACGREGOR, ZORN, EMMONS, BRANDENBURG, HANSEN, ROBERTSON, HORN, PAVLOV, HOPGOOD, WARREN, YOUNG, GREGORY, JOHNSON, HOOD and HUNE and referred to the Committee on Oversight.
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 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
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
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.
(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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.