CLOSED SESSION; GROUNDS FOR ATTORNEY        S.B. 288:

        SUMMARY OF INTRODUCED BILL

        IN COMMITTEE

 

 

 

 

 

 

Senate Bill 288 (as introduced 5-7-25)

Sponsor: Senator Veronica Klinefelt

Committee: Local Government

 

Date Completed: 6-2-25

 

 

CONTENT

 

The bill would amend the Open Meetings Act to expand the reasons that a public body could hold a closed session to include specific attorney consultation and the consideration of a claim, lawsuit, or criminal investigation concerning the body.

 

Generally, the Act requires certain meetings of public bodies to be open to the public; however, a public body may meet in a closed session for certain purposes. One allowed purpose is to consult with an 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. Instead, under the bill, a public body could meet in a closed session to consult with its attorney regarding the following:

 

--       Pending or notice of potential litigation in which the public body or a member of the public body was a party or a potential party.

--       The attorney's oral or written legal opinion, regardless of the attorney's presence.

 

In addition, a public body could meet in a closed session for the following purposes:

 

--       To consider a demand or offer made to or by the public body to settle a claim against the public body or a member of the public body.

--       To consider a lawsuit the public body was contemplating filing.

--       To consult regarding a criminal investigation against a public body member or employee.

 

MCL 15.268        

 

PREVIOUS LEGISLATION

 

The bill is a reintroduction of Senate Bill 1023 from the 2023-2024 Legislative Session. Senate Bill 1023 passed the Senate and was referred to the House Committee on Government Operations but received no further action.

 

        Legislative Analyst: Alex Krabill

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State or local government.

 

        Fiscal Analysts: Bobby Canell

        Joe Carrasco, Jr.

SAS\S2526\s288sa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. 

 

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