Special Meeting of the Electors - Minutes and Attorney Involvement

Asked September 3, 2019, 4:29 PM EDT

Our Township Board was petitioned for a Special Meeting of the Electors under MCL 41.25.

The Township attorney was present and advised the Board to not answer any questions and even intervened when an elector asked a question of the Board. The clerk took minutes and the attorney advised they are not to be posted online for the electors, nor should any action be taken as the special meeting was not a board meeting (or theirs).

What options do the electors have in getting the draft minutes online for electors, and was this advise wrong and illegal by the attorney ? It would appear the that the spirit of 41.25 is to get the Township Board and the residents communicating and the attorney underminded this. This same attorney is responsible for 4 of 5 of another Township's Board being recalled so no one trusts his advice.

Cheboygan County Michigan

1 Response

Hello!

For a legal opinion, we advise you consult an attorney who is well-versed in municipal (township) law. To find an attorney, you can search through the State Bar of Michigan at https://www.zeekbeek.com/SBM

The Michigan Township Association https://www.michigantownships.org/ may also be able to provide comment on MCL 41.25 and you can read more about the requirements of the Open Meetings Act and meeting minutes at https://www.michigan.gov/documents/ag/OMA_handbook_287134_7.pdf

Good luck!