Downtown Detroit BIZ Board Meeting Materials August 12, 2014

Downtown Detroit Business Improvement Zone
Board of Directors
INITIAL MEETING
Tuesday, August 12, 2014
8:30 a.m.
Conference Room 3010
The Guardian Building
500 Griswold St.
Detroit, MI 48226
AGENDA
I. Call to Order
II. Roll Call
III. Approval of Agenda
IV. Approval of Minutes (none to approve)
V. Administrative Report (none)
VI. Audits (none)
VII. Committee Reports (none)
VIII. Old Business (none)
IX. New Business
a. Presentation on organization of business improvement zone
b. Resolution 2014-__-Adoption of bylaws
c. Resolution 2014-__-Election of chairperson
d. Resolution 2014-__-Election of officers
e. Resolution 2014-__-Retain legal counsel
f. Resolution 2014-__-Confirm tax-exempt status
g. Resolution 2014-__-Adopt ethics and conflict of interest policy
h. Presentation on Open Meetings Act compliance
i. Resolution 2014-__-Format for agenda, minutes, and resolutions
j. Resolution 2014-__-Adopt regular meeting schedule for 2014

Board of Directors
k. Resolution 2014-__-Authorize administrative services agreement with Detroit
Downtown, Inc.
l. Resolution 2014-__-Certification of 2014 assessment calculation
m. Presentation on budget
n. Resolution 2014-__-FY 2014 budget time schedule
o. Presentation of recommended budget FY 2014-2015 and general appropriations act
p. Resolution 2014-__- Publication of FY 2014-2015 budget notice
q. Resolution 2014-__-Designate financial institution
X. Public Comment (if any)
XI. Other Business
a. Executive Committee discussion
b. Resolution 2014-__Election of Executive Committee members
XII. Adjournment
A copy of the proposed minutes of the meeting will be available for public inspection at the principal
office of the Downtown Detroit Business Improvement Zone within 8 business days. A copy of the
approved minutes of the meeting, including any corrections, will be available for public inspection at the
principal office of the Downtown Detroit Business Improvement Zone within 5 business days after
approval by the board of directors.

Downtown Detroit
Business Improvement Zone
BIZ Board of Directors: August 12, 2014
OVERVIEW

Downtown Detroit BIZ is a special
assessment district formed by property
owners that provides cleaning, safety
and landscaping services to keep
Downtown Detroit clean, safe and
beautiful.

R e c o m m e n d e d S c o p e & B u d g e t
Anticipated Budget Allocations: $4 M

A n t i c i p a t e d B I Z S e r v i c e s
• Cleaning services
• Landscaping services
• Safety & hospitality ambassadors
• Marketing and streetscape
• Planning studies
• Parks & common space maintenance and
programming

Downtown Detroit
Partnership, Inc.
Nonprofit Directorship
Corporation
501(c)(3) - Charitable
Detroit Downtown,
Inc.
Nonprofit Directorship
Corporation
501(c)(4) – Civic
Downtown Detroit
Business
Improvement Zone
Public Body Corporate

R e s p o n s i b i l i t i e s
1. Execute BIZ Plan
2. Establish priority scope of services
3. Certify annual BIZ assessment calculations
4. Establish BIZ budget
5. Contract with DDI for service
6. Hold annual meeting of property owners
7. Amend budget as needed
BIZ board members covered by directors & officers insurance

R e s p o n s i b i l i t i e s
• Comprised of BIZ Officers and three other
members elected by majority of board members;
serve 1 year terms
• Board Chair resides over Executive Committee
• Functions in advisory capacity to the board
• Makes recommendations to full BIZ board
• Nominates individuals for appointment to board
of directors
• Complies with Open Meetings Act

G o v e r n a n c e & Vo t i n g
• Members serve 1, 2 or 3 year terms.
• Required board officers: chair, vice chair, secretary
and treasurer
• Appoint individuals to fill board member vacancies
• Establish additional committees

B o a r d O f f i c e r s
Chairperson oversees preparation of:
• Presides over board of director meetings
• Serves as chief administrative officer of the zone
• Serves as coordinator for Freedom of Information
Act for the zone

Vice-Chairperson
• Presides over board of directors meetings when
Chairperson not present

Secretary oversees preparation of
• Keep board of director meeting minutes
• Ensure BIZ complies with public notices detailed in
bylaws and Open Meetings Act.
• Maintains board of directors register for contact
information

Treasurer oversees preparation of:
• Custody over BIZ funds and securities
• Maintain BIZ financial records, including receipts
and disbursements.
• Deposit funds and securities

P u b l i c M e e t i n g s
• Comply with Freedom with Information Act (FOIA)
and Open Meetings Act (OMA)
• Required to hold public comment period at every
meeting

F i n a n c i a l
• Fiscal Year is from July 1 to June 30, mirrors
City of Detroit’s fiscal process.

C o m m u n i c a t i o n S t r a t e g i e s
• Committed to transparency and openness
• Communication strategies will support Open
Meetings Act
• Target outreach to property owners on BIZ
assessments
• General communications to on-street retailers,
downtown stakeholders and general public on BIZ
services: clean, safe and inviting.

P r o p e r t y O w n e r O u t r e a c h
Thank you note sent to 4,000
addresses in May
Property Owner BIZ Assessment FAQ
Dedicated BIZ Webpages

D o w n t o w n P e r c e p t i o n s
Goal: Establish benchmark to measure our progress
year over year
• Measure perceptions about safety, parks and public
space, cleanliness, activities, entertainment and
residential living
• Seek downtown employees, residents, businesses
and visitors to participate.
• Annual survey common place in downtowns

DOWNTOWN DETROIT BUSINESS IMPROVEMENT ZONE
BOARD OF DIRECTORS
______________
RESOLUTION 2014-__
Adoption of Bylaws
The board of directors of the Downtown Detroit Business Improvement Zone resolves that the
following administrative procedures are adopted as the initial bylaws of the Downtown Detroit Business
Improvement Zone:
Bylaws of the
ARTICLE 1
PURPOSE AND DEFINITIONS
1.1. Purpose. The Downtown Detroit Business Improvement Zone (“Zone”) is organized as a
Michigan business improvement zone under Chapter 2 of 1961 PA 120, MCL 125.990 to 125.990n
(“Act”). The purpose of the Zone is described in the Act and the Zone Plan developed and adopted for
the Zone.
1.2. Definitions. Unless otherwise stated, all of the terms used in these bylaws have the
meaning defined in the Act and the Zone Plan.
ARTICLE 2
OFFICES
2.1. Principal Office. The principal office of the Zone is 600 Renaissance Center, Suite 1740,
Detroit, Michigan 48243. The principal office shall be the registered office of the Zone and the registered
agent of the Zone shall be its secretary, unless another individual is designated as the resident agent of
the Zone by the board of directors.
2.2. Other Offices. The Zone may establish and maintain offices authorized by the board of
directors at such other places as the board of directors may designate or as the business of the Zone
may require.
ARTICLE 3
BOARD OF DIRECTORS
3.1. Terms. Members of the board of directors shall be appointed for terms as provided in
the Zone Plan. After the expiration of the initial terms, members of the board of directors shall be
appointed for terms of 3 years. Members of the board are eligible for reappointment. A member of the
board of directors may continue to serve after the expiration of the member’s term until a successor is
appointed and qualified.
3.2. Vacancies. A position on the board of directors becomes vacant upon any of the
following events occurring prior to the appointment of a successor by the appointing authority for the
member:
(1) the expiration of the member’s term;
(2) the death of the member;

2
(3) the resignation of the member;
(4) the removal of the member from office;
(5) the member ceasing to be an inhabitant of the state of Michigan;
(6) the member’s conviction of any infamous crime or of any offense involving a violation of the
member’s oath of office;
(7) the decision of a competent tribunal declaring the member’s appointment void; or
(8) the refusal or neglect of the member to take the oath of office.
3.3. Nominations. The executive committee created under section 5.5 may nominate
individuals for appointment to the board of directors in the event of a vacancy on the board of directors
other than the position nominated by the mayor of the city of Detroit. An individual need not be
nominated by the executive committee to be appointed by the board of directors to fill a vacancy on the
board of directors.
3.4. Filling Vacancies. A vacancy on the board of directors other than a vacancy in the
position nominated by the mayor of the city of Detroit shall be filled by the board of directors. A vacancy
on the board of directors in the position nominated by the mayor of the city of Detroit is subject to
confirmation as provided under MCL 125.990g. A vacancy arising before the expiration of a term shall be
filled for the remainder of the term in the same manner as the original appointment.
3.5. Resignation. A member of the board of directors may resign by providing written notice
to the secretary.
3.6. Removal. The board of directors, by an affirmative vote of the majority of the members
of the board of directors serving at the time of the vote, may remove a member of the board of
directors.
3.7. Contact Information. Each member of the board of directors shall register the
member’s mailing address, e-mail address, and telephone number with the secretary.
3.8. Functions and Responsibilities. (a) The board of directors shall exercise the functions
and responsibilities of the board of directors under the Act, other applicable law, the Zone Plan, and
these bylaws.
(b) Each year, the board of directors shall certify annual assessment calculations to the city of
Detroit.
3.9. Regular Meetings. The board of directors shall hold regular meetings not less than
quarterly at the times, dates, and places within the city of Detroit determined by the board.
3.10. Special Meetings. A special meeting of the board of directors may be called by the
chairperson or any seven members of the board of directors. The Chairperson or members of the board
of directors calling the special meeting shall fix the time, date, and place within the city of Detroit for the
special meeting.
3.11. Annual Meeting. Each calendar year, the board of directors shall schedule and hold an
annual meeting of Property Owners within the Zone Area. The annual meeting may be held at a regular
or special meeting of the board of directors

3
3.12. Open Meetings. The board of directors shall comply with the Open Meetings Act, 1976
PA 267, MCL 15.261 to 15.273. Public notice of the time, date, and place of board of directors meetings
shall be given in the manner required by the Open Meetings Act.
3.13. Notice to Board. In addition to notice requirements under the Open Meetings Act,
notice of any meeting of the board of directors stating the time, date, place, and purpose of the meeting
shall be given to each member of the board of directors by: (1) mailing a written notice of the meeting
to the address designated by a member of the board of directors at least three days before the meeting;
(2) personally delivering written notice of the meeting to a member of the board of directors at least
two days before the meeting; (3) verbally notifying a member of the board of directors of meeting at
least two days before the meeting in person, by telephone, or by electronic means of verbal
communication; or (4) electronically transmitting notice of the meeting to a member at least two days
before the meeting by electronic mail or other form of electronic communication directed to the e-mail
address designated by the member of the board of directors. A member of the board of directors may
waive notice of any meeting by written or electronically-transmitted statement sent by the member of
the board of directors and signed before or after the meeting of the board of directors. The attendance
of a member of the board of directors at a board of directors meeting constitutes a waiver of notice of
the meeting.
3.14. Quorum. A majority of the members of the board of directors serving on the board of
directors constitutes a quorum for the transaction of the business of the board of directors.
3.15. Voting. The board of directors shall act by a majority vote of each of the members of the
board of directors serving at the time of the vote. Members of the board of directors may not engage in
proxy or weighted voting.
3.16. Participation by Electronic Communication. Members of the board of directors may
participate in meetings by electronic means of communication to the fullest extent permitted by law.
Subject to any guidelines and procedures adopted by the board of directors, members of the board of
directors not physically present at a meeting of the board of directors may participate in the meeting by
means of simultaneous electronic communication, be considered present in person for all relevant
purposes, and may vote at the meeting.
3.17. Public Comment Policy. (a) All members of the public will be afforded the opportunity
to address the board of directors at a meeting of the board of directors on matters related to the
business of the Zone during the public comment time on the agenda for the meeting.
(b) Members of the public wanting to address the board of directors must first state
their name and address.
(c) The comment time for each member of the public is limited to three minutes.
(d) Members of the public submitting written comments to the board of directors
must provide their name, address, and signature on a submitted document.
3.18. Rules of Order. Unless inconsistent with these bylaws, the rules contained in the current
edition of Robert’s Rules of Order Newly Revised shall govern the board of directors in all applicable
matters.

4
3.19. Expenses. Members of the board of directors may be reimbursed by the Zone for their
actual and necessary expenses incurred in the performance of their official duties as members of the
board of directors only pursuant to an expense policy adopted by the board of directors.
ARTICLE 4
OFFICERS
4.1. Officers. Selected members of the board of directors shall serve as officers in the
following positions: chairperson, vice-chairperson, secretary, and treasurer. The board of directors may
elect a member of the board of directors as an assistant secretary, assistant treasurer, or other officer of
the Zone. An officer elected under this article shall be elected to a one-year term as an officer and is
eligible for reelection after the expiration of a term. A vacancy in an officer position caused other than
by the expiration of a term shall be filled for the balance of the term.
4.2. Chairperson. (a) The board of directors shall elect from among the members of the
board of directors a chairperson. The chairperson shall hold office until the expiration of the
chairperson’s term, but may resign as chairperson by written notice to the secretary. The chairperson
shall preside over meetings of the board of directors. The chairperson shall serve as a member of the
executive committee created under section 5.5.
(b) The chairperson shall serve as the chief administrative officer of the Zone,
including for both of the following purposes:
(1) the Uniform Budgeting and Account Act, 1968 PA 2, MCL 141.421 to 141.440a;
(2) the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246 (“FOIA”), including as FOIA
coordinator for the Zone.
4.3. Vice-Chairperson. The board of directors shall elect from among the members of the
board of directors a vice-chairperson. The vice-chairperson shall hold office until the expiration of the
vice-chairperson’s term, but may resign as vice-chairperson by written notice to the secretary. If the
chairperson is absent, the vice-chairperson shall preside over meetings of the board of directors. If the
office of chairperson is vacant, the vice-chairperson shall be the acting chairperson of the board of
directors. The vice-chairperson shall serve as a member of the executive committee created under
section 5.5.
4.4. Secretary. The board of directors shall elect from among the members of the board of
directors a secretary. The chairperson shall hold office until the expiration of the chairperson’s term, but
may resign as chairperson by written notice to the chairperson. The secretary shall do all of the
following:
(1) keep the minutes of the meetings of the board of directors;
(2) see that all notices are given under these bylaws and applicable law;
(3) keep a register of the mailing address, phone number, and e-mail address of each member of
the board of directors;
(4) serve as a member of the executive committee created under section 5.5; and
(5) perform all other duties incident to the office of secretary and other duties assigned by the
board of directors.

5
4.5. Treasurer. The board of directors shall elect from among the members of the board of
directors a treasurer. The treasurer shall hold office while a member of the board of directors and until a
successor is appointed and qualified. The treasurer may resign as treasurer by written notice to the
secretary. The treasurer shall do all of the following:
(1) have charge and custody over the funds and any securities of the Zone;
(2) maintain the financial records of the Zone, including records of receipts and disbursements;
(3) deposit funds and securities received by the Zone in depositories authorized by the board of
directors;
(4) serve as a member of the executive committee created under section 5.5; and
(5) perform all other duties incident to the office of treasurer and other duties assigned by the
board of directors.
4.6. Assistance for Secretary and Treasurer. Zone personnel shall assist the secretary and
the treasurer in the performance of their duties. The board of directors may delegate a specific duty or
authority of the secretary or the treasurer to another officer of the Zone. The board of directors may
contract with another person or entity to assist the secretary and treasurer in performing the duties of
their offices.
ARTICLE 5
COMMITTEES
5.1. Establishment. In addition to the executive committee established under section 5.5,
the board of directors may by resolution establish other committees composed of members of the
board of directors.
5.2. Function. A committee established by the board of directors under section 5.1 shall
function in an advisory capacity to the board of directors and may consider matters referred by the
board of directors. While a committee may recommend action by the board of directors, the committee
shall not determine whether items will or will not be referred for action by the board of directors.
5.3. Meetings. Except as provided in section 5.5, each committee shall elect from among the
members of the committee a committee chairperson and a committee vice-chairperson. The committee
chairperson shall preside over meetings of the committee. If the committee chairperson is absent, the
vice-chairperson shall preside over meetings of the committee. A committee shall meet at the time,
date, and place within the city of Detroit determined by the committee chairperson. Notice of meetings
of a committee shall be provided to members of the committee in the same manner as notice for a
meeting of the board of directors under section 3.13.
5.4 Reports. Each committee established by the board of directors shall report on its
activities at each meeting of the board of directors.
5.5. Executive Committee. The board of directors may by resolution establish an executive
committee consisting of the chairperson, the vice-chairperson, the secretary, the treasurer, and three
other members of the board of directors elected by the board of directors to serve a 1-year term as a
member of the executive committee. A member of the executive committee elected by the board of
directors may resign as a member of the executive committee by written notice to the secretary. The
chairperson shall preside over meetings of the executive committee. If the chairperson is absent, the
vice-chairperson shall preside over meetings of the executive committee. The executive committee shall

6
function in an advisory capacity to the board of directors, may consider matters referred by the board of
directors, nominate individuals for appointment to the board of directors, and make other
recommendations to the board of directors relating to the functions and responsibilities of the Zone.
While the executive committee may recommend action by the board of directors, the executive
committee shall not determine whether items will or will not be referred for action by the board of
directors.
ARTICLE 6
CONTRACTS, FUNDS, AND GIFTS
6.1. Contracts. The board of directors may authorize any officer or agent to enter into any
contract, to execute and deliver any instrument, or to acknowledge any instrument required by law to
be acknowledged on behalf of the Zone, consistent with these bylaws and applicable law. When the
board of directors authorizes the execution of a contract or of any other instrument on behalf of the
Zone without specifying the executing officer or agent, the chairperson may execute the contract or
instrument.
6.2. Loans. No loans shall be contracted on behalf of the Zone and no evidences of
indebtedness shall be issued in the name of the Zone unless authorized by a resolution of the board of
directors.
6.3. Checks, Drafts, and Orders. All checks, drafts, or other orders for the payment of
money, notes, or other evidences of indebtedness issued in the name of the Zone shall be signed by the
treasurer or the chairperson.
6.4. Deposits. All funds of the Zone not otherwise employed shall be deposited to the credit
of the Zone in a bank, trust company, or other depository as authorized by the board of directors and
consistent with any investment policy adopted by the board of directors, if the bank, trust company, or
other depository is eligible to be a depository for public moneys under 1932 (1st Ex Sess) PA 48, MCL
129.11 to 129.15.
6.5. Investments. The Zone may deposit or invest any of its money in a manner consistent
with requirements applicable to a school district under Section 1223 of the Revised School Code, 1976
PA 451, MCL 380.1223.
6.6. Gifts. (a) For the purposes of the Zone or the Zone Plan, the chairperson is authorized,
on behalf of the Zone to do both of the following:
(1) accept gifts, grants, assistance funds, or other contributions to the Zone;
(2) apply for, execute documents on behalf of the Zone, and take other action necessary to obtain
grants, assistance funds, or other contributions payable to the Zone;
(b) The chairperson shall report gifts, grants, assistance funds, or contributions
accepted on behalf of the Zone to the board of directors.
6.7. Fiscal Year. The fiscal year of the Zone shall begin on July 1 of a calendar year and end
on June 30 of the next calendar year.

7
ARTICLE 7
LEGAL REPRESENTATION AND INSURANCE
7.1. Legal Representation. (a) If the validity of the Zone or an action or activity within the
scope of the Act or the Zone Plan is challenged in a legal proceeding where a member of the board of
directors or another officer of the Zone (“Protected Person”) is named as a defendant, to the fullest
extent permitted by law and from funds lawfully available to the Zone, the cost of legal representation
of the Protected Person is the responsibility of the Zone, not the Protected Person.
(b) The Zone, to the fullest extent permitted by law and from funds lawfully
available to the Zone, will reimburse a Protected Person for costs incurred by the Protected Person,
including attorney fees and settlement costs, resulting from any legal challenge or proceeding related to
the implementation of the Act or the Zone Plan.
(c) A Protected Person may request that the Zone defend the Protected Person in a
proceeding relating to the activities or omissions of the Protected Person under the Act or the Zone Plan
and the Zone will assume the defense of the Protected Person at the Zone’s own reasonable cost, to the
fullest extent permitted by law and from funds lawfully available to the Zone unless a conflict under
applicable law or rules prohibits the Zone from defending the Protected Person, in which case the
Protected Person may retain counsel and the Zone is responsible for the reasonable costs of
representing the Protected Person to the fullest extent permitted by law and from funds lawfully
available to the Zone.
(d) If a Protected Person retains counsel and the Zone is responsible for the
reasonable costs of representing the Protected Person in connection with a legal proceeding, the
Protected Person will be defended by counsel as each Protected Person determines and the Zone will
pay all reasonable and necessary costs of the defense, including reasonable counsel fees, to the fullest
extent permitted by law and from funds lawfully available to the Zone.
7.2. Insurance. (a) The board of directors may authorize the purchase and maintenance of
insurance on behalf of any individual who is, or was, a member of the board of directors, officers,
employee, or agent of the Zone, or is, or was, serving at the request of the Zone as a director, officer,
employee, or agent of another corporation, partnership, joint venture, trust, authority,
intergovernmental entity, or other enterprise against any liability asserted against the individual and
incurred by the individual, in any capacity or arising out of the individual’s status.
(b) The board of directors may authorize the purchase and maintenance of liability
insurance on behalf of the Zone.
ARTICLE 8
AMENDMENTS
8.1. Amendments. These Bylaws may be altered, amended, or repealed, and new bylaws
may be adopted by the affirmative vote of a majority of the board of directors at any regular meeting of
the board of directors. These Bylaws may be altered, amended, or repealed, and new bylaws may be
adopted by the affirmative vote of the board of directors at any special meeting of the board of

8
directors, if a notice setting forth the terms of the bylaws proposal has been given in accordance with
the notice requirements for special meetings.
Secretary’s Certification:
I certify that this resolution was duly adopted by the board of directors of the Downtown Detroit Business
Improvement Zone at a properly-noticed open meeting held with a quorum present on August 12, 2014.
By: ____________________________
[Secretary Name]
Secretary
LAN01351370.6

BOARD OF DIRECTORS
______________
RESOLUTION 2014-__
Election of Chairperson
The board of directors of the Downtown Detroit Business Improvement Zone resolves that
____________________________ is elected as its chairperson.
By: ____________________________
[Secretary Name]
Secretary
LAN01351371.2

BOARD OF DIRECTORS
______________
RESOLUTION 2014-__
Election of Officers
The board of directors of the Downtown Detroit Business Improvement Zone resolves that
following members of the board of directors are elected to the following offices of the Downtown
Detroit Business Improvement Zone:
Vice-Chairperson ____________________________;
[Name]
Secretary ____________________________; and
[Name]
Treasurer ____________________________.
[Name]
By: ____________________________
[Secretary Name]
Secretary
LAN01351380.3

BOARD OF DIRECTORS
_______________________
RESOLUTION 2014-__
Retain Legal Counsel
The Board of Directors of the Downtown Detroit Business Improvement Zone resolves that the
chairperson is authorized to sign an engagement letter retaining the law firm of Dykema Gossett PLLC as
initial legal counsel for the Downtown Detroit Business Improvement Zone.
By: ____________________________
[Secretary Name]
Secretary
LAN01351388.3

Dykema Gossett PLLC
400 Renaissance Center
Detroit, MI 48243
WWW.DYKEMA.COM
Tel: 313-568-6800
Fax: 313-568-5893
Steven C. Liedel
Direct Dial: 517-374-9184
Direct Fax: 855-259-3571
Email: SLiedel@dykema.com
DRAFT
California | Illinois | Michigan | Minnesota | North Carolina | Texas | Washington, D.C.
August __, 2014
[Chairperson Name],
Chairperson
Board of Directors
600 Renaissance Center, Suite 1740
Detroit, MI 48824
Re: Engagement Letter for Representation of Downtown Detroit Business Improvement Zone
Dear Chairperson ___________:
We are pleased to confirm your retention of Dykema Gossett PLLC (“Dykema”) to
provide legal services to the Downtown Detroit Business Improvement Zone (“Zone”) relating
to the startup of the Zone, implementation of the Zone Plan, and the Zone’s compliance with
Chapter 2 of 1961 PA 120, MCL 125.990 to 125.990n (the “Engagement”). This letter describes
the basis on which Dykema will provide services to the Zone and details the entire agreement for
the Engagement. Please let me know if you have any questions regarding this letter.
Client. For purposes of this Engagement, and for present and future conflicts of interest
purposes, our client is the Zone, and not any government entity of which it may be a part, or any
other government agency or department, or any individual personnel of any government entity.
Confidentiality. Dykema does not disclose nonpublic information about our clients or
former clients to anyone, except as permitted by law and applicable rules of professional
conduct. Dykema will preserve the confidentiality of any confidential information that the Zone
provides to us in the course of representing the Zone and will not disclose or use any such
information for the benefit of any other client. Conversely, we will not disclose to the Zone or
use on its behalf any information with respect to which we owe a duty of confidentiality to
another client or person, entity, or governmental body.
Consent to Conflicts. As we have informed you, our normal conflicts check has revealed
that our firm currently represents Downtown Detroit Partnership, Inc., which is affiliated with
and shares common directors with Detroit Downtown, Inc. (“DDI”), in other matters. We
understand that the Zone intends to enter into an administrative services agreement with DDI.

August __, 2014
Page 2
California | Illinois | Michigan | Minnesota | Texas | Washington, D.C.
However, both the Zone and DDI have agreed that we may proceed to represent the Zone in this
matter. If any other potential conflicts come to our attention, we will promptly consult with you.
As you know, we are a relatively large law firm, and we represent many other entities and
individuals. It is possible that some of our present or future clients will have disputes with the
Zone, on matters unrelated to this matter, during the time that we are representing the Zone. We
are sure that you can understand the conflicts of interest and other business problems that
situation could create for us, and why we must therefore condition our undertaking this
representation for the Zone on its agreement that our representation of the Zone will not prevent
this firm from continuing to represent, or in the future undertaking to represent, existing or new
clients in any matter that is not substantially related to our work for the Zone, even if the
interests of such clients in those other matters are directly adverse to the Zone. We agree,
however, that your confidences or secrets will never be used against you or disclosed to the
individual lawyers handling a matter against you. When appropriate, we will implement a
“screening wall” procedure to ensure this separation.
Responsible Professionals. I will have primary responsibility for coordinating all
assignments within our firm relating to this Engagement. I will utilize the assistance of other
lawyers or paralegals from time to time if the need arises, or for the efficient and cost-effective
provision of services. I encourage you to contact me at any time if you have any questions about
the work being performed or our statements for services.
Fees; Costs; Payment. Our fee for this Engagement will be $22,500.00 for startup costs
and other costs under the Engagement through August 31, 2014. After August 31, 2014, our fee
for this engagement will be $2,500.00 per month through December 31, 2015. In addition to this
monthly fee, we will bill the Zone for items incidental to the provision of services under this
Engagement. The financial terms of our representation are further described in the enclosure
entitled, How We Charge for Our Services and Expenses (“Enclosure”). The Zone will pay
Dykema’s statements for services and expenses on a monthly basis as they are received.
The general representation of the Zone under this Engagement does not include
representation of the Zone in the event litigation is initiated where the Zone is named as a party,
including litigation challenging the constitutionality of Chapter 2 of 1961 PA 120, MCL 125.990
to 125.990n, the formation of the Zone, the implementation of the Zone Plan, or the validity of
Zone assessments. If the Zone opts to engage Dykema to provide services in a litigation matter,
Dykema will provide those services to the Zone at standard hourly rates discounted by 10%.
In certain transactions in which we represent the Zone, you may request that a third party
pay the bill for our services. Nevertheless, as our client, the Zone, and not the third party, shall
be responsible for assuring that our fees and other charges are paid in a timely manner.

August __, 2014
Page 3
Client Responsibilities. We understand that you are to be our principal client contact for
this Engagement. You agree to cooperate fully with us and to provide promptly all information
known or available to you that is relevant to our representation. We will keep you informed of
significant developments on all assignments through routinely providing you with copies of
incoming and outgoing documents, as well as through having periodic discussions, and we will
consult with you in advance of taking any major actions.
Termination. Our representation of the Zone may be terminated by either of us at any
time by written notice. The written notice may be: (a) your notification to us of your termination
of our representation; (b) our confirmation to you of the completion of our representation; or (c)
our notification to you of our withdrawal. If permission for withdrawal is required by a court, we
will apply promptly for permission and termination will coincide with the court order for
withdrawal. Our representation also will end, regardless of whether or when written notice was
sent by or to you, upon the constructive completion of our work. When constructive completion
of our work occurs will depend on the particular facts of our representation. If our representation
of the Zone is terminated for any reason, the termination will be effective only to terminate our
services prospectively and all the terms of this letter agreement will survive the termination.
Upon cessation of our active involvement in a particular matter (even if we continue active
involvement in other matters on your behalf), we will have no further duty to inform you of
future developments or changes in law relevant to the matter. Additionally, unless you and we
mutually agree in writing to the contrary, we will have no obligation to monitor renewal or
notice dates or similar deadlines that may arise from the matters for which we had been retained.
Retention and Disposition of Documents. Following termination of this Engagement,
any otherwise non-public information that you have supplied relating to the Engagement retained
by Dykema will be kept confidential consistent with applicable rules of professional conduct.
Upon your written request, your papers and property will be returned to you promptly upon
receipt of payment for all outstanding fees and expenses. Our own files pertaining to the
Engagement will be retained by the Firm in accordance with our normal policies. These include,
for example, firm administrative records (such as time and expenses reports, personnel and
staffing materials, and credit and accounting records) as well as internal lawyers’ work product
(such as drafts, notes, internal memoranda and e-mail, legal and factual research and
investigative reports). All records and files will be retained and disposed of in compliance with
our policy in effect from time to time. Subject to future changes, it is our current policy generally
not to retain records relating to a matter for more than five years.
Governing Law. The laws of the state of Michigan, without giving effect to its principles
of conflicts of law, govern all adversarial proceedings arising out of this agreement.

August __, 2014
Page 4
Please be aware that you are encouraged to consult with other counsel on any of the terms
of this letter, including any waiver provisions.
For our records, I would appreciate it if you would acknowledge that this letter accurately
reflects the terms of this Engagement by signing and dating a copy of the letter and returning it to
me. We are delighted that you have chosen to refer this matter to us, and we look forward to
working with you.
Sincerely,
DYKEMA GOSSETT PLLC
Steven C. Liedel
Agreed to:
By: ___________________________ Date: ______________________
[Chairperson Name],
Chairperson
c: Cameron H. Piggott
scli
Enclosure
LAN01358771.2
IDSCLI - 0808690999

HOW WE CHARGE FOR OUR SERVICES AND EXPENSES
At Dykema we want each client relationship to be productive and satisfying for both parties. We believe one way to accomplish that goal
is to explain at the outset the basis and manner in which we charge for our services and expenses.
Unless some other arrangement has been agreed upon with you, our practice is to submit monthly invoices for services and expenses. This
ensures that you have a current understanding of charges and expenses incurred. The work we have performed on your behalf will be described in
the monthly invoice. Payment is due upon receipt.
SERVICES
You will have an attorney who is responsible for your engagement with our firm. In addition to serving as your primary contact and either
performing or overseeing all services provided for you, this attorney will review and approve each invoice you receive. The basis upon which we
will charge for our services is subject to agreement between you and the Firm. In the absence of a specific agreement to the contrary, the primary
factors in determining our fees include the time and effort required and the experience and skill of the person performing the work (reflected in
hourly rates).
EXPENSES
At Dykema we make every effort to pass through third-party expenses with no mark-up and no surcharge for the cost of carrying the charge
until payment is made by you. Filing fees, incorporation fees and similar expenses will appear on your bill at the amount actually disbursed by us on
your behalf. At times these types of expenses may appear on your bill well after the work has been completed. This is a result of the Firm not
receiving the invoices from the vendor in as timely a manner as the work was performed. You may be asked to pay directly certain larger expenses
that are invoiced by third-parties for your account.
You also will be invoiced for expenses incurred in the course of providing legal service to you as set forth below:
1. Copies and laser printing. We charge 20¢ per page for regular black & white and 50¢ per page for regular color printed pages.
We recognize that this rate may be more than per copy costs for routine jobs at some copy centers, but there are many benefits to you, such as
efficiency and confidentiality, when we do the copying for you in-house. At your request and where appropriate, we will send materials to you for
copying or send materials to outside vendors who will bill you directly.
2. Scanning. Each document scanned will be billed at a rate of 20¢ per page
3. Telephone Charges. The only telephone charges the firm bills are those for hosted conference calls. Hosted conference calls are
billed at the vendor’s rate.
4. Fax Charges. We charge one dollar per page for outgoing faxes, and do not charge for the fax telephone call. We do not charge
for incoming faxes.
5. Computerized Legal Research and Document Retrieval. We charge a discounted rate on all computerized legal research. For
document retrieval (SEC edgar files), we charge a fee equal to the service provider’s standard rate.
6. Couriers. The amount billed is the actual UPS, Federal Express, or other courier’s charge. Should an in-house courier be used,
the charge is comparable to that of the outside courier.
7. Postage. We do not charge for ordinary mailings under $2.50.
8. Litigation Support Services. We charge for processing/preparing electronic stored information (ESI). The amount of these charges is
dependent on the specific requirements of the matter. A schedule of these charges is available upon request. We charge $10/GB each month for ESI stored in
our document review platform (Relativity).
9. Word Processing Services. We do not charge for ordinary use of word processing. Special desktop publishing services will be
charged at $15.00 per page.
10. CD/DVD Requests. Data copied and stored on this media is charged at a rate of $5 per CD/DVD.
Dykema reserves the right to bill back annual fees and charges levied by 3rd
party e-billing providers if e-billing is required by the client.
In certain circumstances, we receive and retain discounts from our third-party contractors based on our volume use of their services.
Our responsibility is to make sure that you receive a complete, accurate and fair invoice. We strongly encourage you to raise promptly
with us any questions or comments you may have regarding any invoice. In return, we expect payment of our invoices promptly upon their receipt.
We reserve the right to charge interest on all past due accounts. If your account is not kept current, including attorney fees, we reserve the right to
terminate our representation, in accordance with applicable rules of professional conduct. If collection proceedings are necessary, you agree to pay
for our legal fees and expenses.
Dykema reserves the right to update how we charge for our services and expenses without notice.
Revised: 07/24/2013

BOARD OF DIRECTORS
_______________________
RESOLUTION 2014-__
Confirm Tax-Exempt Status
The Board of Directors of the Downtown Detroit Business Improvement Zone resolves that the
chairperson, with the assistance of legal counsel, is directed to take action necessary for the preparation
and submission of a request to the Internal Revenue Service for confirmation of the tax-exempt status of
the Downtown Detroit Business Improvement Zone as an instrumentality of government within the
meaning of Section 115 of the United States Internal Revenue Code.
By: ____________________________
[Secretary Name]
Secretary
LAN01351390.2

BOARD OF DIRECTORS
_______________________
RESOLUTION 2014-__
Adopt Ethics and Conflicts of Interest Policy
The board of directors of the Downtown Detroit Business Improvement Zone resolves that the
following Ethics and Conflicts of Interest Policy is adopted for members of the board of directors and any
employees of the Downtown Detroit Business Improvement Zone:
ETHICS AND CONFLICTS OF INTEREST POLICY
1. Nondisclosure of Confidential Information. A member of the board of directors or any
employee (“Covered Individual”) of the Downtown Detroit Business Improvement Zone (“Zone”) shall
not divulge to an unauthorized person confidential information acquired in the course of employment or
service in advance of the time prescribed for its authorized release to the public.
2. Personal Opinion. A Covered Individual shall not represent his or her personal opinion
as that of the Zone.
3. Appropriate Use of Personnel, Property, and Funds. A Covered Individual shall use
personnel resources, property, and funds under the Covered Individual’s official care and control
judiciously and solely in accordance with prescribed constitutional, statutory, and regulatory procedures
and not for personal gain or benefit.
4. Restricted Business Transactions. A Covered Individual shall not engage in a business
transaction in which the Covered Individual may profit from his or her official position or authority or
benefit financially from confidential information that the Covered Individual has obtained or may obtain
by reason of that position or authority. Instruction not done during regularly scheduled working hours
except for annual leave or vacation time shall not be considered a business transaction under this
paragraph if the instructor does not have any direct dealing with or influence on the employing or
contracting facility associated with his or her course of employment or service with the Zone.
6. Contract Restrictions. Except as provided in section 7, a Covered Individual shall not be
a party, directly or indirectly, to any contract between the Covered Individual and the Zone other than
an employment contract between the Covered Individual and the Zone.
5. Solicitation. (a) A Covered Individual shall not solicit or accept a gift or loan of money,
goods, services, or other thing of value for the benefit of a person or organization, other than the Zone,
which tends to influence the manner in which the Covered Individual performs official duties.
(b) Except as provided in section 7, a Covered Individual shall not directly or indirectly
solicit any contract between the Zone and any of the following:
(1) the Covered Individual, excluding an employment contract between the Covered Individual and
the Zone;

2
(2) a business entity, including a partnership, co-partnership, limited liability company, or
unincorporated association of which the Covered Individual is a partner, member, officer, or
employee;
(3) any corporation in which the Covered Individual is a stockholder owning more than 1% of the
total outstanding stock of any class if the stock is not listed on a stock exchange, or stock with a
present total market value in excess of $25,000.00 if the stock is listed on a stock exchange, or
of which the Covered Individual is a director, officer, or employee; or
(4) any trust of which the Covered Individual is a beneficiary or trustee.
¶(c) A Covered Individual shall not take any part in the negotiations for a contract
described in subsection (b), the renegotiation or amendment of the contract, or in the approval of the
contract, and shall not represent either party in the transaction.
7. Contract Exceptions. (a) The restrictions under sections 5 and 6 do not apply to any of
the following contracts:
(1) a contract between two or more public entities;
(2) a contract awarded by the Zone to the lowest qualified bidder, other than a Covered Individual,
upon receipt of sealed bids pursuant to a published notice. Except as authorized by law, the
notice shall not bar any qualified person, firm, corporation, trust, or other entity from bidding.
This subparagraph (2) does not apply to amendments or renegotiations of a contract or to
additional payments made under a contract that were not authorized by the contract at the
time of award by the Zone; or
(3) a contract for public utility services where the rates are regulated by the state or federal
government.
(b) The restrictions under sections 5 and 6 do not apply to a Covered Individual who is
paid for working an average of 25 hours per week or less for the Zone, but the Covered Individual shall
meet all of the following requirements:
(1) the Covered Individual shall promptly disclose any financial interest in a contract with the Zone
to the board of directors of and the disclosure shall be made a matter of record in the official
proceedings of the board of directors;
(2) unless the Covered Individual making the disclosure under subparagraph (1) will directly benefit
from the contract in an amount less than $250.00 and less than 5% of the public cost of the
contract and the Covered Individual files a sworn affidavit to that effect with the board of
directors, or unless the contract is for emergency repairs or services, the disclosure shall be
made in either of the following manners:
(A) the Covered Individual promptly discloses in writing to the chairperson, or if the
chairperson is the public servant who is a party to the contract, to the secretary,
the financial interest in the contract at least 7 days prior to the meeting at

3
which a vote on the contract will be taken. A disclosure under this subparagraph
(A) shall be made public in the same manner as a public meeting notice; or
(B) The Covered Individual discloses the financial interest at a public meeting of the
board of directors. The vote on the contract shall be taken at a meeting of the
board of directors held at least 7 days after the meeting at which the disclosure
is made. If the amount of the direct benefit to the Covered Individual is more
than $5,000.00, disclosure must be made as provided under this subparagraph;
(3) the contract is approved by a vote of not less than 2/3 of the full membership of the board of
directors in open session without the vote of the Covered Individual making the disclosure;
(4) the board of directors discloses all of the following summary information in its minutes:
(A) the name of each party involved in the contract;
(B). the terms of the contract, including duration, financial consideration between
parties, facilities or services of the Zone included in the contract, and the nature
and degree of assignment of employees of the Zone for fulfillment of the
contract; and
(C). the nature of any financial interest.
(c) If 2/3 of the members of the board of directors are not eligible under this policy to
vote on a contract or to constitute a quorum, a member of the board of directors may be counted for
purposes of a quorum and may vote on the contract if the member of the Board of Directors will directly
benefit from the contract in an amount less than $250.00 and less than 5% of the public cost of the
contract and the member files a sworn affidavit to that effect with the board of directors. The affidavit
shall be made a part of the public record of the official proceedings of the board of directors. As used in
this paragraph, “governmental decision” means a determination, action, vote, or disposition upon a
motion, proposal, recommendation, resolution, ordinance, order, or measure on which a vote by
members of the board of directors is required and by which the board of directors effectuates or
formulates public policy.
(d) Sections 5 and 6 do not prevent a Covered Individual from making or participating in
a governmental decision if the Covered Individual’s participation is required by law.
8. Employment Restrictions. Except as provided in Section 10, a Covered Individual shall
not engage in or accept employment or render services for a private or public interest when that
employment or service is incompatible or in conflict with the discharge of the Covered Individual’s
official duties for the Zone or when that employment may tend to impair the Covered Individual’s
independence of judgment or action in the performance of official duties for the Business Improvement
Zone.
9. Additional Restrictions. Except as provided in Section 10, a Covered Individual shall not
participate in the negotiation or execution of contracts, making of loans, granting of subsidies, fixing of
rates, issuance of permits or certificates, or other regulation or supervision relating to a business entity
in which the Covered Individual has a financial or personal interest.

4
10. Exceptions to Sections 8 and 9. (a) Sections 8 and 9 do not apply and a Covered
Individual shall be permitted to vote on, make, or participate in making a governmental decision if all of
the following occur:
(1) the requisite quorum necessary for official action on the governmental decision by the board of
directors is not available because the participation of the Covered Individual in the official action
would otherwise violate section 8 or section 9;
(2) the Covered Individual is not paid for working more than 25 hours per week for the Zone; and
(3) the Covered Individual promptly discloses any personal, contractual, financial, business, or
employment interest the Covered Individual may have in the governmental decision and the
disclosure is made part of the public record of the official action of the board of directors on the
governmental decision.
(b) If a governmental decision involves the awarding of a contract, Sections 8 and 9 do
not apply and a Covered Individual shall be permitted to vote on, make, or participate in making the
governmental decision if the Covered Individual will directly benefit from the contract in an amount less
than $250.00 or less than 5% of the public cost of the contract, whichever is less, and the Covered
Individual files a sworn affidavit containing that information with the board of directors. The affidavit
required by this paragraph shall be made a part of the public record of the official action on the
governmental decision.
(c) As used in this section 10, “governmental decision” means a determination, action,
vote, or disposition upon a motion, proposal, recommendation, resolution, ordinance, or measure on
which a vote by the members of the board of directors and by which the board of directors formulates
or effectuates public policy.
11. Violations. (a) A Covered Individual who has knowledge that another Covered Individual
other than the chairperson has violated this policy may report the existence of the violation to the
chairperson. A Covered Individual who has knowledge that the chairperson has violated this policy may
report the existence of the violation to the vice-chairperson.
(b) A Covered Individual who reports or is about to report a violation of this policy shall
not be subject to any of the following sanctions because they reported or were about to report a
violation of this policy:
(1) dismissal from employment or office;
(2) withholding of salary increases that are ordinarily forthcoming to the Covered Individual;
(3) withholding of promotions that are ordinarily forthcoming to the Covered Individual;
(4) demotion in employment status; or
(5) Transfer of employment location.

5
By: ____________________________
[Secretary Name]
Secretary
LAN01351501.3

“If you had to identify, in one
word, the reason why the human
race has not achieved, and never
will achieve, its full potential, that
word would be meetings.”
- Dave Barry

PURPOSE OF OPEN MEETINGS ACT
• To promote openness in government.

OPEN MEETINGS ACT REQUIREMENTS
1. Public notice of meeting provided.
2. Public bodies meet in public.
3. Decisions only made at public meeting.
4. Minutes of meetings available to public.

WHAT IS A “PUBLIC BODY”?
• Any state or local legislative or governing body, including
a board, commission, committee, subcommittee, authority,
or council, that is empowered by state constitution, statute,
charter, ordinance, resolution, or rule to exercise
governmental or proprietary authority or perform a
governmental or proprietary function; a lessee of such a
body performing an essential public purpose and function
pursuant to the lease agreement; or the board of a
nonprofit corporation formed by a city.
• The board of directors of the Detroit Downtown Business
Improvement Zone is a public body.
 A “public body corporate” and a governmental entity created by
state statute.

WHAT IS A “DECISION”?
• A determination, action, vote, or disposition upon a
motion, proposal, recommendation, resolution, order,
ordinance, bill, or measure on which a vote by members
of a public body is required and by which a public body
effectuates or formulates public policy.

WHAT IS A “MEETING”?
• The convening of a public body at which a quorum is
present for the purpose of deliberating toward or
rendering a decision on a public policy, or any meeting of
the board of a nonprofit corporation formed by a city.

DECISIONS ONLY IN PUBLIC
MEETINGS
• All decisions of a public body must be made at a
meeting open to the public; and
• All deliberations of a public body involving a quorum (at
least half) of its members must take place at a meeting
open to the public.
• Includes any consensus building process or discussion.

NOT PERMITTED
• Informal discussion of public policy outside of a public
meeting
• “Round-the-horn” decision making where board members
use telephone calls, e-mails, or subgroups to achieve
same communication meeting of full board.
• Round-robin voting by sign-off sheet.
• Proxy voting.
• Secret ballots.
• Use of e-mail, text messaging, or other electronic
communication among board members during an open
meeting.

PERMITTED
• Advisory committees only capable of making
recommendations
• Canvassing-Informal canvas by one member of board to
predict votes should a decision be made at a public
meeting without intent to avoid open meeting
requirement.
• Purely social or chance gathering without policy
discussions.
• Workshops, seminars, informational gathering or
conferences designed to convey information about areas
of professional interest without decisions, deliberations, or
input from officers or employees.

CLOSED SESSIONS
• Only allowed for limited purposes (2/3 vote may be required):
• Specified personnel matters, if requested;
• Collective bargaining strategy or negotiations, if requested;
• Consider purchase or lease of real property;
• Consult with attorney on trial or settlement in connection with pending
litigation, but only if open meeting would have a detrimental financial effect;
• Review application for employment or appointment if applicant requests
confidentiality; or
• Consider material exempt from discussion or disclosure, such as written legal
memo (but not oral advice from attorney).
• Closed session must occur at open meeting.
• No decision made during closed session.

THE PUBLIC
• Public may attend a meeting without registering or
providing name or identifying other information.
• A member of the public may not be excluded from a
meeting except for a breach of the peace committed at
the meeting.
• Board may adopt rules limiting public comment and
requiring individuals to identify themselves before
speaking.
• Meeting place should be accessible.
• Public may record meeting.

MINUTES
• Must include date, time, place, members present, members
absent, decisions made, purpose of any closed session,
and any roll call votes.
• Proposed minutes must be made available to public
within 8 days of meeting.
• Minutes must be approved at next meeting and made
available 5 days after approval.

NOTICE
• Annual schedule of regular meetings must be
posted within 10 days of first meeting of a
public body in each calendar or fiscal year.
• Changes to schedule of regular meeting must be
posted within 3 days of adoption.
• For rescheduled regular or special meeting,
notice must be posted and accessible to the
public for at least 18 hours.

PENALTIES
• Intentional violation is a misdemeanor. Public official
may be personally liable for damages.
• Decisions made in violation of the Open Meetings Act
may be invalidated by a court.
• Lawsuits may be brought to compel compliance.
• Attorney fees may be awarded if challenge successful.

QUESTIONS?
Steven Liedel
sliedel@dykema.com
(517) 374-9184

OOPPEENN MMEEEETTIINNGGSS AACCTT
HHAANNDDBBOOOOKK
Attorney General Bill Schuette

2
The Handbook is intended to be a quick reference guide. It is not intended to be
encyclopedic on every subject or resolve every situation that may be encountered.
TABLE OF CONTENTS
THE BASICS
The Act.............................................................................................................................................4
What bodies are covered? ..............................................................................................................4
Public notice requirements .............................................................................................................4
Agendas and the OMA ...................................................................................................................6
Penalties for OMA violations ........................................................................................................6
Lawsuits to compel compliance .....................................................................................................6
Correcting non-conforming decisions ............................................................................................6
DECISIONS MUST BE MADE IN PUBLIC MEETINGS
All decisions must be made at a meeting open to the public .........................................................7
Meeting "informally" to discuss matters ........................................................................................7
Canvassing board members on how they might vote ....................................................................7
May a quorum of a board gather outside an open meeting without violating the OMA? .............8
Advisory committees and the OMA ..............................................................................................8
Use of e-mail or other electronic communications during an open meeting .................................9
CLOSED SESSIONS
Meeting in closed session ............................................................................................................10
A closed session must be conducted during the course of an open meeting ...............................10
Going into closed session .............................................................................................................11
Leaving a closed session ..............................................................................................................11
Decisions must be made at an open meeting, not the closed session ..........................................12
Avoid using the terms "closed session" and "executive session" interchangeably ......................12
Staff and others may join the board in a closed session ..............................................................12
Forcibly removing a person from a closed session ......................................................................12
PUBLIC ATTENDING OPEN MEETINGS
Excluding individuals ..................................................................................................................13
Identifying public attendees .........................................................................................................13
Limiting public comment .............................................................................................................13
Meeting location ..........................................................................................................................14
Timing of public comment ...........................................................................................................14

3
Taping and broadcasting ..............................................................................................................14
MINUTES
What must be in the minutes ........................................................................................................15
When must the minutes be available ...........................................................................................15
When must the minutes be approved ...........................................................................................15
Closed session minutes ................................................................................................................15
Inadvertent omissions from the minutes ......................................................................................16
PARLIAMENTARY PROCEDURES
Core principle ...............................................................................................................................17
QUORUM
Quorum ........................................................................................................................................17
What is the quorum? ....................................................................................................................17
Disqualified members ..................................................................................................................17
Losing a quorum ..........................................................................................................................18
Resigned members .......................................................................................................................18
VOTING
Abstain .........................................................................................................................................19
Adjourning the meeting ..............................................................................................................19
Chairperson voting .......................................................................................................................19
Expired-term members .................................................................................................................19
Imposing a greater voting requirement ........................................................................................19
Majority ........................................................................................................................................19
Proxy voting .................................................................................................................................20
Roll call vote ................................................................................................................................20
Round-robin voting ......................................................................................................................20
Rule of necessity ..........................................................................................................................20
Secret ballot .................................................................................................................................21
Tie vote ........................................................................................................................................21

4
OPEN MEETINGS ACT
THE BASICS
The Act – the Open Meetings Act (OMA) is 1976 PA 267, MCL 15.261 through 15.275. The
OMA took effect January 1, 1977. In enacting the OMA, the Legislature promoted a new era in
governmental accountability and fostered openness in government to enhance responsible
decision making.1
Nothing in the OMA prohibits a public body from adopting an ordinance, resolution, rule, or
charter provision that requires a greater degree of openness relative to public body meetings than
the standards provided for in the OMA.2
What bodies are covered? – the OMA applies to all meetings of a public body.3
A "public
body" is broadly defined as:
[A]ny state or local legislative or governing body, including a board, commission,
committee, subcommittee, authority, or council, that is empowered by state
constitution, statute, charter, ordinance, resolution, or rule to exercise
governmental or proprietary authority or perform a governmental or proprietary
function; a lessee of such a body performing an essential public purpose and
function pursuant to the lease agreement.4
[Emphasis added.]
As used in the OMA, the term "public body" connotes a collective entity and does not include an
individual government official.5
The OMA does not apply to private, nonprofit corporations.6
Public notice requirements – a meeting of a public body cannot be held unless public notice is
given consistent with the OMA.7
A public notice must contain the public body's name,
telephone number, and address, and must be posted at its principal office and any other locations
1
Booth Newspapers, Inc v Univ of Michigan Bd of Regents, 444 Mich 211, 222-223; 507 NW2d 422 (1993).
2
MCL 15.261.
3
MCL 15.263. When the Handbook refers to a "board," the term encompasses all boards, commissions, councils,
authorities, committees, subcommittees, panels, and any other public body.
4
MCL 15.262(a). The provision in the OMA that includes a lessee of a public body performing an essential public
purpose is unconstitutional because the title of the act does not refer to organizations other than "public bodies."
OAG, 1977-1978, No 5207, p 157 (June 24, 1977). Certain boards are excluded "when deliberating the merits of a
case." MCL 15.263(7). See also MCL 15.263(8) and (10).
5
Herald Co v Bay City, 463 Mich 111, 129-133; 614 NW2d 873 (2000) – a city manager is not subject to the OMA.
Craig v Detroit Public Schools Chief Executive Officer, 265 Mich App 572, 579; 697 NW2d 529 (2005). OAG,
1977-1978, No 5183A, p 97 (April 18, 1977).
6
OAG, 1985-1986, No 6352, p 252 (April 8, 1986) – the Michigan High School Athletic Association is not subject
to the OMA. See also Perlongo v Iron River Cooperative TV Antenna Corp, 122 Mich App 433; 332 NW2d 502
(1983).
7
MCL 15.265(1). Nicholas v Meridian Charter Twp, 239 Mich App 525, 531; 609 NW2d 574 (2000).

5
the public body considers appropriate.8
If a public body is a part of a state department, a public
notice must also be posted in the principal office of the state department.9
Public notice requirements are specific to the type of meeting:
(1) For regular meetings of a public body, there shall be posted within 10 days
after the first meeting of the public body in each calendar or fiscal year a public
notice stating the dates, times, and places of its regular meetings.
(2) For a change in schedule of regular meetings of a public body, there shall be
posted within three days after the meeting at which the change is made, a public
notice stating the new dates, times, and places of its regular meetings.
(3) For a rescheduled regular or a special meeting of a public body, a public
notice stating the date, time, and place of the meeting shall be posted at least 18
hours before the meeting.
(4) A meeting of a public body which is recessed for more than 36 hours shall be
reconvened only after public notice has been posted at least 18 hours before the
reconvened meeting.10
At their first meeting of the calendar or fiscal year, each board must set the dates, times, and
places of the board's regular meetings for the coming year. The OMA does not require any
particular number of meetings. The board's schedule of regular meetings is not, of course, set in
stone. The board is free to cancel or reschedule its meetings.
The minimum 18-hour notice requirement is not fulfilled if the public is denied access to the
notice of the meeting for any part of the 18 hours.11
The requirement may be met by posting at
least 18 hours in advance of the meeting using a method designed to assure access to the notice.
For example, the public body can post the notice at the main entrance visible on the outside of
the building that houses the principal office of the public body.12
A public body must send copies of the public notices by first class mail to a requesting party,
upon the party's payment of a yearly fee of not more than the reasonable estimated cost of
printing and postage. Upon written request, a public body, at the same time a public notice of a
meeting is posted, must provide a copy of the public notice to any newspaper published in the
state or any radio or television station located in the state, free of charge.13
8
MCL 15.264(a)-(c).
9
MCL 15.264(c).
10
MCL 15.265(2)-(5).
11
OAG, 1979-1980, No 5724, p 840 (June 20, 1980).
12
OAG No 5724.
13
MCL 15.266.

6
Agendas and the OMA – while the OMA requires a public body to give public notice when it
meets, it has no requirement that the public notice include an agenda or a specific statement as to
the purpose of a meeting.14
No agenda format is required by the OMA.15
Penalties for OMA violations – a public official who "intentionally violates" the OMA may be
found guilty of a misdemeanor16
and may be personally liable for actual and exemplary damages
of not more than $500 for a single meeting.17
The exemptions in the OMA must be strictly
construed. The "rule of lenity" (i.e., courts should mitigate punishment when the punishment in
the criminal statute is unclear) does not apply to construction of the OMA's exemptions.18
A decision made by a public body may be invalidated by a court, if the public body has not
complied with the requirements of MCL 15.263(1), (2), and (3) [i.e., making decisions at a
public meeting] or if failure to give notice in accordance with section 5 has interfered with
substantial compliance with MCL 15.263(1), (2), and (3) and the court finds that the
noncompliance has impaired the rights of the public under the OMA.
Lawsuits to compel compliance – actions must be brought within 60 days after the public
body's approved minutes involving the challenged decision are made publicly available.19
If the
decision involves the approval of contracts, the receipt or acceptance of bids, or the procedures
pertaining to the issuance of bonds or other evidences of indebtedness, the action must be
brought within 30 days after the approved minutes are made publicly available.20
If the decision
of a state public body is challenged, venue is in Ingham County.21
Correcting non-conforming decisions – in any case where a lawsuit has been initiated to
invalidate a public body's decision on the ground that it was not made in conformity with the
OMA, the public body may, without being deemed to make any admission contrary to its
interest, reenact the disputed decision in conformity with the OMA. A decision reenacted in this
manner shall be effective from the date of reenactment and is not rendered invalid by any
deficiency in its initial enactment.22
If the board acts quickly, the reenactment may defeat a
claim for attorney's fees, since plaintiffs would not be successful in "obtaining relief in the
action" within the meaning of the OMA.23
14
OAG, 1993-1994, No 6821, p 199 (October 18, 1994). But, as discussed in OAG No 6821, other statutes may
require a public body to state in its notice the business to be transacted at the meeting.
15
Lysogorski v Bridgeport Charter Twp, 256 Mich App 297, 299; 662 NW2d 108 (2003).
16
MCL 15.272.
17
MCL 15.273.
18
People v Whitney, 228 Mich App 230, 244; 578 NW2d 329 (1998).
19
MCL 15.270(3)(a).
20
MCL 15.270(3)(b).
21
MCL 15.270(4).
22
MCL 15.270(5).
23
Leemreis v Sherman Twp, 273 Mich App 691, 700; 731 NW2d 787 (2007). Felice v Cheboygan County Zoning
Comm, 103 Mich App 742, 746; 304 NW2d 1 (1981).

7
DECISIONS MUST BE MADE IN PUBLIC MEETINGS
All decisions must be made at a meeting open to the public – the OMA defines "decision" to
mean "a determination, action, vote, or disposition upon a motion, proposal, recommendation,
resolution, order, ordinance, bill, or measure on which a vote by members of a public body is
required and by which a public body effectuates or formulates public policy."24
The OMA
provides that "[a]ll decisions of a public body shall be made at a meeting open to the public," and
that, with limited exceptions, "[a]ll deliberations of a public body constituting a quorum of its
members shall take place at a meeting open to the public."25
The OMA does not contain a "voting requirement" or any form of "formal voting requirement."
A "consensus building process" that equates to decision-making would fall under the act.26
For
example, where board members use telephone calls or sub-quorum meetings to achieve the same
intercommunication that could have been achieved in a full board or commission meeting, the
members' conduct is susceptible to "round-the-horn" decision-making, which achieves the same
effect as if the entire board had met publicly and formally cast its votes. A "round-the-horn"
process violates the OMA.27
Meeting "informally" to discuss matters – while the OMA "does not apply to a meeting which
is a social or chance gathering or conference not designed to avoid this act,"28
a meeting of a
public body must be open to the public. The OMA does not define the terms "social or chance
gathering" or "conference," and provides little direct guidance as to the precise scope of this
exemption.29
To promote openness in government, however, the OMA is entitled to a broad
interpretation and exceptions to conduct closed sessions must be construed strictly.30
Thus, the
closed session exception does not apply to a quorum of a public body that meets to discuss
matters of public policy, even if there is no intention that the deliberations will lead to a decision
on that occasion.31
Canvassing board members on how they might vote – an informal canvas by one member of a
public body to find out where the votes would be on a particular issue does not violate the OMA,
24
MCL 15.262(d).
25
MCL 15.263(2) and (3).
26
Booth Newspapers, Inc v Univ of Michigan Bd of Regents, 444 Mich at 229.
27
Booth Newspapers, Inc, 444 Mich at 229 – "any alleged distinction between the [public body's] consensus
building and a determination or action, as advanced in the OMA's definition of 'decision,' is a distinction without a
difference."
28
MCL 15.263(10).
29
OAG, 1981-1982, No 6074, p 662, 663 (June 11, 1982).
30
Wexford County Prosecutor v Pranger, 83 Mich App 197, 201, 204; 268 NW2d 344 (1978).
31
OAG, 1977-1978, No 5298, p 434, 435 (May 2, 1978). See also OAG, 1979-1980, No 5444, p 55, 56 (February
21, 1979) – anytime a quorum of a public body meets and considers a matter of public policy, the meeting must
comply with the OMA's requirements. Compare OAG, 1979-1980, No 5437, p 36, 37 (February 2, 1979), where
members of a public body constituting a quorum come together by chance, the gathering is exempt from the OMA;
however, even at a chance meeting, matters of public policy may not be discussed by the members with each other.

8
so long as no decisions are made during the discussions and the discussions are not a deliberate
attempt to the avoid the OMA.32
May a quorum of a board gather outside an open meeting without violating the OMA? –
yes, in some instances. In addition to a purely social gathering or chance gathering33
that does
not involve discussions of public policy among the members of the board, a quorum may accept
an invitation to address a civic organization,34
listen to the concerns of a neighborhood
organization, or observe demonstrations, if the board doesn't deliberate toward, or make, a
decision.35
A board quorum also may meet for a workshop, seminar, informational gathering, or
professional conference designed to convey, to the conference participants, information about
areas of professional interest common to all conference participants.36
These kinds of meetings
involve a conference designed primarily to provide training or background information and
involve a relatively broad focus upon issues of general concern, rather than a more limited focus
on matters or issues of particular interest to a single public body.37
However, when gatherings
are designed to receive input from officers or employees of the public body, the OMA requires
that the gathering be held at a public meeting.38
The OMA was not violated when several members of the board of county commissioners
attended a public meeting of the county planning committee (which had more than fifty
members, two who were county commissioners), which resulted in a quorum of the board being
present at the meeting (without the meeting also being noticed as a county commission meeting),
so long as the nonmember commissioners did not engage in deliberations or render decisions.39
Advisory committees and the OMA – the OMA does not apply to committees and
subcommittees composed of less than a quorum of the full public body if they "are merely
advisory or only capable of making 'recommendations concerning the exercise of governmental
authority.'"40
Where, on the other hand, a committee or subcommittee is empowered to act on matters in such
a fashion as to deprive the full public body of the opportunity to consider a matter, a decision of
the committee or subcommittee "is an exercise of governmental authority which effectuates
32
St Aubin v Ishpeming City Council, 197 Mich App 100, 103; 494 NW2d 803 (1992).
33
OAG, 1979-1980, No 5437, p 36 (February 2, 1979).
34
OAG, 1977-1978, No 5183, p 21, 35 (March 8, 1977).
35
OAG, 1977-1978, No 5364, p 606, 607 (September 7, 1978).
36
OAG, 1979-1980, No 5433, p 29, 31 (January 31, 1979).
37
OAG, 1981-1982, No 6074, at p 664.
38
OAG No 5433 at p 31.
39
OAG, 1989-1990, No 6636, p 253 (October 23, 1989), cited with approval in Ryant v Cleveland Twp, 239 Mich
App 430, 434-435; 608 NW2d 101 (2000) and Nicholas v Meridian Charter Twp, 239 Mich App at 531-532. If,
however, the noncommittee board members participate in committee deliberations, the OMA would be violated.
Nicholas, 239 Mich App at 532.
40
OAG, 1997-1998, No 6935, p 18 (April 2, 1997); OAG No 5183 at p 40.

9
public policy" and the committee or subcommittee proceedings are, therefore, subject to the
OMA.41
If a joint meeting of two committees of a board (each with less than a quorum of the board)
results in the presence of a quorum of the board, the board must comply in all respects with the
OMA and notice of the joint meeting must include the fact that a quorum of the board will be
present.42
Use of e-mail or other electronic communications among board members during an open
meeting – e-mail, texting, or other forms of electronic communications among members of a
board or commission during the course of an open meeting that constitutes deliberations toward
decision-making or actual decisions violates the OMA, since it is in effect a "closed" session.
While the OMA does not require that all votes by a public body must be by roll call, voting
requirements under the act are met when a vote is taken by roll call, show of hands, or other
method that informs the public of the public official's decision rendered by his or her vote. Thus,
the OMA bars the use of e-mail or other electronic communications to conduct a secret ballot at
a public meeting, since it would prevent citizens from knowing how members of the public body
have voted.43
Moreover, the use of electronic communications for discussions or deliberations, which are not,
at a minimum, able to be heard by the public in attendance at an open meeting are contrary to the
OMA's core purpose – the promotion of openness in government.44
Using e-mail to distribute handouts, agenda items, statistical information, or other such material
during an open meeting should be permissible under the OMA, particularly when copies of that
information are also made available to the public before or during the meeting.
41
Schmiedicke v Clare School Bd, 228 Mich App 259, 261, 263-264; 577 NW2d 706 (1998); Morrison v East
Lansing, 255 Mich App 505; 660 NW2d 395 (2003); and OAG, 1997-1998, No 7000, p 197 (December 1, 1998) – a
committee composed of less than a quorum of a full board is subject to the OMA, if the committee is effectively
authorized to determine whether items will or will not be referred for action by the full board, citing OAG, 1977-
1978, No 5222, p 216 (September 1, 1977).
42
OAG, 1989-1990, No 6636, at p 254.
43
See Esperance v Chesterfield Twp, 89 Mich App 456, 464; 280 NW2d 559 (1979) and OAG, 1977-1978, No
5262, p 338 (January 31, 1978).
44
See Booth Newspapers, Inc, 444 Mich at 229; Schmiedicke, 228 Mich App at 263, 264; and Wexford County
Prosecutor, 83 Mich App at 204.

10
CLOSED SESSIONS
Meeting in closed session – a public body may meet in a closed session only for one or more of
the permitted purposes specified in section 8 of the OMA.45
The limited purposes for which
closed sessions are permitted include, among others46
:
(1) 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.47
(2) For strategy and negotiation sessions connected with the negotiation of a collective
bargaining agreement if either negotiating party requests a closed hearing.48
(3) To consider the purchase or lease of real property up to the time an option to
purchase or lease that real property is obtained.49
(4) 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.50
(5) 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, 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.51
(6) To consider material exempt from discussion or disclosure by state or federal
statute.52
But note – a board is not permitted to go into closed session to discuss an
attorney's oral opinion, as opposed to a written legal memorandum.53
A closed session must be conducted during the course of an open meeting – section 2(c) of
the OMA defines "closed session" as "a meeting or part of a meeting of a public body that is
45
MCL 15.268. OAG, 1977-1978, No 5183, at p 37.
46
The other permissible purposes deal with public primary, secondary, and post-secondary student disciplinary
hearings – section 8(b); state legislature party caucuses – section 8(g); compliance conferences conducted by the
Michigan Department of Community Health – section 8(i); and public university presidential search committee
discussions – section 8(j).
47
MCL 15.268(a) (Emphasis added.)
48
MCL 15.268(c) (Emphasis added.)
49
MCL 15.268(d).
50
MCL 15.268(e) (Emphasis added.)
51
MCL 15.268(f) (Emphasis added.)
52
MCL 15.268(h).
53
Booth Newspapers, Inc v Wyoming City Council, 168 Mich App 459, 467, 469-470; 425 NW2d 695 (1988).

11
closed to the public."54
Section 9(1) of the OMA provides that the minutes of an open meeting
must include "the purpose or purposes for which a closed session is held."55
Going into closed session – section 7(1) of the OMA56
sets out the procedure for calling a
closed session:
A 2/3 roll call vote of members elected or appointed and serving is required to
call a closed session, except for the closed sessions permitted under section 8(a),
(b), (c), (g), (i), and (j). The roll call vote and the purpose or purposes for calling
the closed session shall be entered into the minutes of the meeting at which the
vote is taken.
Thus, a public body may go into closed session only upon a motion duly made, seconded, and
adopted by a 2/3 roll call vote of the members appointed and serving57
during an open meeting
for the purpose of (1) considering the purchase or lease of real property, (2) consulting with their
attorney, (3) considering an employment application, or (4) considering material exempt from
disclosure under state or federal law. A majority vote is sufficient for going into closed session
for the other OMA permitted purposes.
We suggest that every motion to go into closed session should cite one or more of the
permissible purposes listed in section 8 of the OMA.58
An example of a motion to go into closed
session is:
I move that the Board meet in closed session under section 8(e) of the Open
Meetings Act, to consult with our attorney regarding trial or settlement strategy in
connection with [the name of the specific lawsuit].
Another example is the need to privately discuss with the public body's attorney a memorandum
of advice as permitted under section 8(h) of the OMA – "to consider material exempt from
discussion or disclosure by state or federal statute."59
The motion should cite section 8(h) of the
OMA and the statutory basis for the closed session, such as section 13(1)(g) of the Freedom of
Information Act, which exempts from public disclosure "[i]nformation or records subject to the
attorney-client privilege."60
Leaving a closed session – the OMA is silent as to how to leave a closed session. We suggest
that you recommend a motion be made to end the closed session with a majority vote needed for
54
MCL 15.262(c).
55
MCL 15.269(1).
56
MCL 15.267(1).
57
And not just those attending the meeting. OAG No 5183 at p 37.
58
MCL 15.268.
59
MCL 15.268(h). Proper discussion of a written legal opinion at a closed meeting is, with regard to the attorney-
client privilege exemption to the OMA, limited to the meaning of any strictly legal advice presented in the written
opinion. People v Whitney, 228 Mich App at 245-248.
60
MCL 15.243(1)(g).

12
approval. Admittedly, this is a decision made in a closed session, but it certainly isn't a decision
that "effectuates or formulates public policy."
When the public body has concluded its closed session, the open meeting minutes should state
the time the public body reconvened in open session and, of course, any votes on matters
discussed in the closed session must occur in an open meeting.
Decisions must be made during an open meeting, not the closed session – section 3(2) of the
OMA requires that "[a]ll decisions of a public body shall be made at a meeting open to the
public."61
Section 2(d) of the OMA defines "decision" to mean "a determination, action, vote, or
disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or
measure on which a vote by members of a public body is required and by which a public body
effectuates or formulates public policy."62
Avoid using the terms "closed session" and "executive session" interchangeably – we
suggest that a public body not use the term "executive session" to refer to a "closed session."
The term "executive session" does not appear in the OMA, but "closed session" does.
"Executive session" is more of a private sector term and is often used to describe a private
session of a board of directors, which is not limited as to purpose, where actions can be taken,
and no minutes are recorded.
Staff and others may join the board in a closed session – a public body may rely upon its
officers and employees for assistance when considering matters in a closed session. A public
body may also request private citizens to assist, as appropriate, in its considerations.63
Forcibly excluding persons from a closed session – a public body may, if necessary, exclude
an unauthorized individual who intrudes upon a closed session by either (1) having the individual
forcibly removed by a law enforcement officer, or (2) by recessing and removing the closed
session to a new location.64
61
MCL 15.263(2). St Aubin v Ishpeming City Council, 197 Mich App at 103. See also, OAG, 1977-1978, No 5262,
at p 338-339 – the OMA prohibits a voting procedure at a public meeting which prevents citizens from knowing
how members of the public body have voted and OAG, 1979-1980, No 5445, p 57 (February 22, 1979) – a public
body may not take final action on any matter during a closed meeting.
62
MCL 15.262(d).
63
OAG, 1979-1980, No 5532, p 324 (August 7, 1979).
64
OAG, 1985-1986, No 6358, p 268 (April 29, 1986), citing Regents of the Univ of Michigan v Washtenaw County
Coalition Against Apartheid, 97 Mich App 532; 296 NW2d 94 (1980).

13
PUBLIC ATTENDING OPEN MEETINGS
Excluding individuals – no one may be excluded from a meeting otherwise open to the public
except for a breach of the peace actually committed at the meeting.65
Identifying public attendees – no one may be required to register or otherwise provide his or
her name or other information or otherwise to fulfill a condition precedent to attend a public
meeting.66
Building security at the meeting site may cause issues. Members of the public might object,
based on the OMA, to signing in to gain access to the building where a public meeting is being
held.67
We, therefore, recommend that public bodies meet in facilities or areas not subject to
public access restrictions.
If the public body wishes the members of the public to identify themselves at the meeting, we
suggest the board chair announce something like this:
The Board would appreciate having the members of the public attending the
meeting today identify themselves and mention if they would like the opportunity
to speak during the public comment period. However, you do not need to give
your name to attend this meeting. When the time comes to introduce yourself and
you do not want to do so, just say pass.
Since speaking at the meeting is a step beyond "attending" the public meeting and the
OMA provides that a person may address the public body "under rules established and
recorded by the public body," the board may establish a rule requiring individuals to
identify themselves if they wish to speak at a meeting.68
Limiting public comment – a public body may adopt a rule imposing individual time limits for
members of the public addressing the public body.69
In order to carry out its responsibilities, the
board can also consider establishing rules allowing the chairperson to encourage groups to
designate one or more individuals to speak on their behalf to avoid cumulative comments. But a
rule limiting the period of public comment may not be applied in a manner that denies a person
the right to address the public body, such as by limiting all public comment to a half-hour
period.70
65
MCL 15.263(6).
66
MCL 15.263(4).
67
In addition, "[a]ll meetings of a public body . . . shall be held in a place available to the general public." MCL
15.263(1).
68
MCL 15.263(5). OAG, 1977-1978, No 5183, at p 34.
69
OAG, 1977-1978, No 5332, p 536 (July 13, 1978). The rule must be duly adopted and recorded. OAG, 1977-
1978. No 5183, at p 34.
70
OAG No 5332 at p 538.

14
Meeting location – the OMA only requires that a meeting be held "in a place available to the
general public;" it does not dictate that the meeting be held within the geographical limits of the
public body's jurisdiction.71
However, if a meeting is held so far from the public which it serves
that it would be difficult or inconvenient for its citizens to attend, the meeting may not be
considered as being held at a place available to the general public. Whenever possible, the
meeting should be held within the public body's geographical boundaries.
Timing of public comment – a public body has discretion under the OMA when to schedule
public comment during the meeting.72
Thus, scheduling public comment at the beginning73
or
the end74
of the meeting agenda does not violate the OMA. The public has no right to address
the commission during its deliberations on a particular matter.75
Taping and broadcasting – the right to attend a public meeting includes the right to tape-record,
videotape, broadcast live on radio, and telecast live on television the proceedings of a public
body at the public meeting.76
A board may establish reasonable regulations governing the
televising or filming by the electronic media of a hearing open to the public in order to minimize
any disruption to the hearing, but it may not prohibit such coverage.77
And the exercise of the
right to tape-record, videotape, and broadcast public meetings may not be dependent upon the
prior approval of the public body.78
71
OAG, 1979-1980, No 5560, p 386 (September 13, 1979). Of course, local charter provisions or ordinances may
impose geographical limits on public body meetings.
72
MCL 15.263(5).
73
Lysogorski v. Bridgeport Charter Twp, 256 Mich App at 302.
74
OAG, 1979-1980, No 5716, p 812 (June 4, 1980).
75
OAG, 1977-1978, No 5310, p 465, 468 (June 7, 1978).
76
MCL 15.263(1).
77
OAG, 1987-1988, No 6499, p 280 (February 24, 1988).
78
MCL 15.263(1).

Downtown Detroit BIZ Board Meeting Materials August 12, 2014

Downtown Detroit BIZ Board Meeting Materials August 12, 2014

Recommended

Recommended

More Related Content

Viewers also liked

Viewers also liked (6)

Similar to Downtown Detroit BIZ Board Meeting Materials August 12, 2014

Similar to Downtown Detroit BIZ Board Meeting Materials August 12, 2014 (20)

More from Downtown Detroit Partnership

More from Downtown Detroit Partnership (10)

Recently uploaded

Recently uploaded (20)

Downtown Detroit BIZ Board Meeting Materials August 12, 2014