The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5532 August 7, 1979 OPEN MEETINGS ACT: Persons attending closed session When a public body convenes in a closed session in accordance with 1976 PA 267, Sec. 8, it may request its officers, employees or certain private citizens to meet with it in closed session to assist it in its consideration. Honorable Mary Keith Ballantine State Representative The Capitol Lansing, Michigan 48909 You have requested may opinion of the following question: May a public body, having properly convened in closed session under the provisions of the Open Meetings Act, 1976 PA 267, MCLA 15.261 et seq; MSA 4.1800(11) et seq, selectively exclude person from its closed meeting? Your letter states that in considering the suspension of a tenured teacher a board of education met in closed session and permitted a minister, the assistant superintendent of schools, the school principal and an education association official to be present but excluded a newspaper reporter. 1976 PA 267, Sec. 8, supra, permits a public body to meet in closed session in the following eight specific situations: '(a) To consider the dismissal, suspension, or discipling of, or to hear complaints or charges brought against, a public officer, employee, staff member, or individual agent, when the named person requests a closed hearing. '(b) To consider the dismissal, suspension, or disciplining of a student when the public body is part of the school district, intermediate school district, or institution of higher education which the student is attending, when the student or the student's parent or guardian requests a closed meeting. '(c) For strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement when either negotiating party requests a closed hearing. '(d) To consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained. '(e) To consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation, but only when an open meeting would have a detrimental financial effect on the litigating or settlement position of the public body. '(f) To review the specific contents of an application for employment or appointment to a public office when 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. '(g) Partisan caucuses of members of the state legislature. '(h) To consider material exempt from discussion or disclosure by state or federal statute.' A review of these eight situations as described in this section reveals that the Legislature anticipated that in many instances persons, other than the public body itself, would by necessity, be included in a closed session to assist the public body in considering the particular matter. A public body may rely upon its officers and employees to assist it in considering one of the matters enumerated in 1976 PA 267, Sec. 8, supra. In addition, it is not precluded from requesting private citizens to assist it in such consideration. The fact that public officers, employees and private citizens are requested to attend such deliberation does not thereby bar the public body from meeting in a closed session on such occasion. Therefore, it is my opinion that a public body may convene in closed session in accordance with 1976 PA 267, Sec. 8, supra, to consider the matter of suspension of a public employee and may request its officers, employees or private citizens to assist it in its consideration. Frank J. Kelley Attorney General