Open Meetings Act violation in Houghton County

Here’s the recording of the Jan. 29 meeting of the Houghton County Board with Senator Ed McBroom and Representative Greg Markkanen. (The transcript is automatically generated and FAR from 100% correct, but serves as a way of finding what you want to listen to more easily, like an index for the recording.)

In attendance were Al Koskela, Tom Tikkanen, Gretchen Jannsen, Glenn Anderson, and Roy Britz, all five commissioners.

While no quorum was called, it doesn’t need to be for this to have been considered a public meeting.

Page one of the Open Meetings Act. A quorum was present, according to the recording, in which each of the commissioners introduces themselves.

Robert’s Rules of Order, which many legislative bodies use to conduct business in an orderly manner—despite potential controversy among the members—is not part of Michigan law. Those rules are adopted voluntarily by the legislative body. Not calling a quorum under Robert’s Rules doesn’t mean one doesn’t exist under law, or exempt the body from following the Open Meetings Act.

While the county commissioners did not make any decision, they certainly spoke on matters of recent resolutions. The meeting lasted an hour and fifteen minutes and the agenda covered items from DNR funding for the trail system to reopening ice rinks and bars.

Page two. And the county board is not listed in the exceptions in sections 7 and 8.

The Open Meetings Act requires public comment be allowed under these circumstances, but there was none asked for.

Senator McBroom and Representative Markkanen said they had other appointments, and the Zoom video call was ended.

But those in attendance probably saw that coming, based on the agenda-

McBroom and Markkanen, not being part of the public body in question, were free to reach their next appointments. But under the Open Meetings Act, the commissioners should have stayed to take comment.

And none of this even gets into the problematic way that public notice of Friday’s meeting was given.

Violating the Open Meetings act is a misdemeanor, punishable by a fine up to $1,000.

Page seven. If members of the board of commissioners want to avoid those fines, they should become more familiar with the Open Meetings Act now.