PART 2 SUBPART 2-2 BYLAWS

Sec. 2-226. Applicability of this Subpart; Miscellaneous.

The foregoing provisions of this subpart shall apply exclusively to formal sessions of the Board. Final decisions that are binding on the University shall be made only at formal sessions of the Board. Nothing in this subpart shall prevent the Board from meeting informally or conducting informal sessions of the Board at any time or in any place, including during recesses in formal sessions of the Board.

Constitutional References:

Mich Const 1963, art 8, §4
Mich Const 1963, art 8, §4 provides, inter alia, that formal sessions of governing boards of state institutions of higher education shall be open to the public.

Statutory References:

MCL 15.261 et seq. (1976 PA 267, as amended by 1978 PA 256, 1981 PA 161, 1982 PA 130, 1982 PA 134, 1984 PA 87, 1984 PA 167, 1986 PA 269, 1988 PA 158, 1988 PA 278, 1993 PA 81, 1996 PA 464

1976 PA 267, as amended, is the Open Meetings Act. The Open Meetings Act by its terms would apply to the Board and to committees of the Board. However, the Michigan Supreme Court held in Federated Publications, Inc. v Michigan State University Board of Trustees, 460 Mich 75 (1999) that the Open Meetings Act has no legally binding effect with regard to the Michigan State University Board of Trustees, a constitutional body corporate akin to the Board, because of the status of the Board as a constitutional body corporate pursuant to Mich Const 1963, art 8, §§4 and 6. With regard to the formal sessions of the Board, the Board has generally used the Open Meetings Act as a guide in implementing the constitutional requirement that formal sessions of the Board be open to the public.

Cross Reference:

Sec. 2-108. Formal sessions of the Board.

Case References:

Goode v Dep't of Social Services, 143 Mich App 756 (1985), lv den 424 Mich 882 (1986). Use of teleconference equipment with speaker phones.

Federated Publications, Inc. v Michigan State University Board of Trustees, 460 Mich 75 (1999). Formal sessions of the Board; Open Meetings Act.

Gault v City of Battle Creek, 73 F. Supp. 2d 811 (W.D. Mich., 1999). Public comment at meetings.

Opinions of the Attorney General:

Opinion No. 6835 (February 13, 1995). Attendance at a meeting of a public body by interactive television.

Opinion No. 5218 (September 13, 1977). Public comment at meetings.

Opinion No. 5183 (March 3, 1977). Telephone conference meetings.

Opinion No. 5332 (July 13, 1978). Public comment at meetings.

Prior Board Actions:

October 28, 1950; April 15, 1953; July 16, 1966; November 19, 1968; August 23, 1971; March 4, 1972; March 26, 1977. Bylaws.

Entire Subpart 2-2 included in October 19, 2001 Codification, Phase I.

Entire Subpart 2-2 included in October 22, 2004 Codification, Phase II.

July 11, 2012.