OPEN MEETINGS ACT; RETIREMENT SYSTEM H.B. 5427:
SUMMARY OF HOUSE-PASSED BILL
IN COMMITTEE
House Bill 5427 (as passed by the House)
Sponsor: Representative Gary Howell
House Committee: Local Government and Municipal Finance
Senate Committee: Local Government
CONTENT
The bill would amend the Open Meetings Act to allow a public body that is responsible for the investment, administration, or management of a municipal public retirement system to hold a public meeting electronically or telephonically under any circumstances.
The Open Meetings Act requires all meetings of a public body to be open to the public and to be held in a place available to the general public. All decision of a public body must be made at a meeting open to the public. After December 31, 2021, the Act allows a meeting of a public body to be held, in whole or in part, electronically by telephonic or video conferencing as prescribed by the Act only under circumstances requiring accommodation of members absent because of military duty.
Under the bill, on or after its effective date, a public body that was responsible for the investment, administration, or management of a municipal retirement system could hold a meeting, in whole or in part, electronically by telephonic or video conferencing under any circumstances, including any of the circumstances requiring accommodation of a member absent because of military duty. The bill would not prohibit a public body of this type from requiring in-person participation of its members at any meeting subject to the Act.
"Municipal public employee retirement system" would mean a retirement system as defined in Section 3 of the Protecting Local Government Retirement and Benefits Act: a retirement system, trust, plan, or reserve fund that a local unit of government establishes, maintains, or participates in and that, by its express terms or as a result of surrounding circumstances, provides retirement pension benefits or retirement health benefits or both.
MCL 15.263a Legislative Analyst: Olivia Ponte
FISCAL IMPACT
The bill would have little to no fiscal impact on the State or local units of government. To the extent the bill would have any impact, it likely would reduce expenditures by a negligible amount, especially in circumstances in which members of a public body were eligible for mileage reimbursements or other travel reimbursements. Similarly, the bill also could reduce expenditures in circumstances in which building utilization could be reduced or eliminated, such as if the bill allowed all members to meet remotely.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.