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. 5218

September 13, 1977

PUBLIC BODY:

Right to address open meeting

OPEN MEETINGS ACT:

Right to address a meeting

BOARDS AND COMMISSIONS:

Right to address open meeting

SCHOOLS AND SCHOOL DISTRICTS:

Open meetings held by boards of education

A board of education of a school district is a public body subject to the provisions of the Open Meetings Act.

A board of education may not: (1) deny a person the right to address a meeting of the board on the sole ground that that person is a representative of an organization of board employees; (2) limit the subject and issues that certain persons may cover in the course of addressing the meeting; (3) require persons to exhaust administrative remedies before addressing issues at a public meeting; nor (4) prohibit a person from addressing it on grounds the matter to be addressed is or might be the subject of a closed meeting.

Honorable Mark Clodfelter

State Representative

The Capitol

Lansing, Michigan 48901

You have requested my opinion on the following questions:

1. 'May the board of education of a local school district deny a person the right to address a meeting of the board on the sole ground that that person is a representative of an organization of board employees?'

2. 'May the board limit the subjects and issues that may be addressed by certain categories of the public, such as students, employees and representatives of employee organizations to matters which shall have had administrative review?'

3. 'May the board require persons from the categories mentioned to exhaust administrative remedies before addressing issues at a public meeting?'

4. 'May the board prohibit a person from addressing it solely on grounds the matter to be addressed is or might possibly in the future be the subject of a closed meeting under Section 8 of the Open Meetings Act?'

It may first be noted that a board of education of a school district is a public body subject to the provisions of the Open Meetings Act, 1976 PA 267; MCLA 15.261 et seq; MSA 4.1800(11) et seq, pursuant to section 2 which provides in part:

'(a) 'Public body' means any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, which is empowered by state constitution, statute, charter, ordinance, resolution or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function, or a lessee thereof performing an essential public purpose and function pursuant to the lease agreement.'

1976 PA 267, supra, s 3(5) states:

'A person shall be permitted to address a meeting of a public body under rules established and recorded by the public body. . . .'

This section indicates that a Board of Education must permit persons to address each meeting of the board, but the board may establish reasonable procedures to regulate such use of the public forum. Although the act does not contain a provision regulating the subject matter which may be covered by the speaker, a logical assumption may be made that the subject must relate to business that is within the public body's jurisdiction. However, apart from this limitation, a public body may not prohibit a person from addressing the meeting because the person represents a particular organization, nor may a public body prohibit a person from addressing a meeting for failure to exhaust administrative remedies.

It is, therefore, my opinion that a board of education may not:

1. deny a person the right to address a meeting of the board on the sole ground that the person is a representative of an organization of board employees;

2. limit the subject and issues that certain persons may cover in the course of addressing the meeting;

3. require persons to exhaust administrative remedies before addressing issues at a public meeting; nor

4. prohibit a person from addressing it on grounds the matter to be addressed is or might be the subject of a closed meeting.

It should also be noted, however, that OAG, 1977-1978, No 5183, p ___ (March 8, 1977), discussed certain procedural matters which may be included in the rules of the public body to permit it to conduct its duties in a responsible manner. The procedural matters which may be established and limited by rule are: control over the length of time that a person may address a public meeting, designation of the time for public participation during a certain part of the agenda, and requirement that speaker identify himself or herself prior to speaking.

Frank J. Kelley

Attorney General