December 11, 2013, Introduced by Reps. McMillin and Hooker and referred to the Committee on Oversight.
A bill to amend 1976 PA 267, entitled
"Open meetings act,"
by amending section 10 (MCL 15.270).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) Decisions of a public body shall be presumed to
have been adopted in compliance with the requirements of this act.
The attorney general, the prosecuting attorney of the county in
which the public body serves, or any person may commence a civil
action in the circuit court to challenge the validity of a decision
of a public body made in violation of this act.
(2) A decision made by a public body may be invalidated if the
public body has not complied with the requirements of section 3(1),
(2), and (3) in making the decision or if failure to give notice in
accordance with section 5 has interfered with substantial
compliance with section 3(1), (2), and (3) and the court finds that
the noncompliance or failure has impaired the rights of the public
under this act.
(3) The circuit court shall not have jurisdiction to
invalidate a decision of a public body for a violation of this act
unless an action is commenced pursuant to this section within the
following specified period of time:
(a) Within 60 days after the approved minutes are made
available to the public by the public body except as otherwise
provided in subdivision (b).
(b) If the decision involves the approval of contracts, the
receipt or acceptance of bids, the making of assessments, the
procedures pertaining to the issuance of bonds or other evidences
of indebtedness, or the submission of a borrowing proposal to the
electors, within 30 days after the approved minutes are made
available to the public pursuant to that decision.
(4) Venue for an action under this section shall be any county
in which a local public body serves or, if the decision of a state
public body is at issue, in Ingham county.
(5) In any case where an action has been initiated to
invalidate a decision of a public body on the ground that it was
not taken in conformity with the requirements of this act, the
public body may, without being deemed to make any admission
contrary to its interest, reenact the disputed decision in
conformity with this act. A decision reenacted in this manner shall
be effective from the date of reenactment and shall not be declared
invalid by reason of a deficiency in the procedure used for its
initial enactment. Reenactment of a decision under this subsection
is not a defense to a criminal action under section 12 or to a
civil action under section 13.