STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6365

June 2, 1986

Open Meetings Act:

Closed session of public body to approve minutes of a closed session

A public body may meet in closed session to approve the minutes of a closed session of the public body.

Honorable Margaret O'Connor

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion on the following question:

The Open Meetings Act, MCL 15.268(h); MSA 4.1800(18)(h), provides that a public body may meet in a closed session for the purpose of considering 'material exempt from discussion or disclosure by state or federal statute.'

The minutes of a closed session called under the Open Meetings Act 'shall not be available to the public, and shall only be disclosed if required by a civil action filed under section 10, 11, and 13 [MCL 15.270, 15.271, and 15.273; MSA 4.1800(20), 4.1800(21), and 4.1800(23)].' MCL 15.267(2); MSA 4.1800(17)(2); OAG, 1981-1982, No 6019, p 507, 510 (December 29, 1981). As the minutes of a closed session constitute material exempt from disclosure by state statute, they fall squarely within the category of materials which a public body may consider in closed session.

It is noted that MCL 15.267; MSA 4.1800(17) requires that the decision of a public body to meet in closed session for the purpose of approving the minutes of a closed session must be made in an open session of the public body.

It is my opinion, therefore, that a public body may meet in a closed session to consider approving the minutes of a closed session.

Frank J. Kelley

Attorney General