STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5412

December 20, 1978

OPEN MEETINGS ACT:

Election of members of an intermediate school board by secret ballot

SCHOOLS AND SCHOOL DISTRICT:

Election of members of an intermediate school board by secret ballot

The designated electors of constituent school districts may elect members of an intermediate school board by secret ballot.

Honorable Perry Bullard

State Representative

The Capitol

Lansing, Michigan 48909

You have asked my opinion on a matter which may be stated as follows:

The School Code of 1976, 1976 PA 461, Sec. 601 et seq, MCLA 380.601 et seq; MSA 15.4601 et seq, sets forth provisions governing intermediate school districts and includes the method by which the intermediate school board members are to be elected.

1976 PA 461, Sec. 614(1); MCLA 380.614; MSA 15.4614 provides that, except for intermediate school districts which choose to elect their board members by popular elections as permitted by Sec. 615 of the Act, members of the intermediate school board shall be elected biennially by a body composed of one member of the board of each constituent district, who shall be designated by the board of which that person is a member.

OAG, 1977-1978, No. 5262, p. ___ (January 31, 1978) held that the Open Meetings Act, 1976 PA 267; MCLA 15.261 et seq; MSA 4.1800(11) et seq, prohibits a voting procedure at a public meeting which prevents citizens from knowing how members of the public body have voted. However, with respect to the election of the office of member of an intermediate school board, subsections 614(1), (4), and (5) of the School Code of 1976, supra, indicate a legislative intent that this body vote by secret ballot. It will be noted that this statutory method of electing members of an intermediate school district board is an alternative to a popular election by secret ballot of intermediate school board members, Sec. 614(1). Nominations are made by petition signed by not less than 50 registered school electors and the election is conducted by ballot, Sec. 614. Finally, a board of canvassers is appointed to canvas the vote following balloting, Sec. 614(5).

These provisions which are complete and do not confuse, are controlling. Advisory Opinion re Constitutionality of 1972 PA 294, 389 Mich 441; 208 NW2d 469 (1973). It is therefore my opinion that the designated electors of constituent school districts may elect members of the intermediate school board by secret ballot.

Frank J. Kelley