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. 5222

September 1, 1977

OPEN MEETINGS ACT:

Round-robining by legislative committees.

CONSTITUTION OF MICHIGAN:

Art 4, Sec. 17.

LEGISLATURE:

Round-robining by committees.

WORDS AND PHRASES:

'Round-robining'.

A legislative committee is included within the purview of the Open Meetings Act and may not engage in the practice of 'round-robining' by which votes on a measure are obtained by a member of the committee going to other members and obtaining their signatures on a tally sheet.

Honorable Harry A. DeMaso

State Senator

The Capitol

Lansing, Michigan

You have requested my opinion on a question which may be stated as follows:

Does the Open Meetings Act, 1976 PA 267; MCLA 15.261 et seq; MSA 4.1800(11) et seq, prohibits the practice of 'round-robining of bills' in committees of the state legislature?

You have indicated that 'round-robining' is the term given to the practice of having members of a legislative committee vote to report out a bill without holding a meeting to consider the bill. The vote is obtained by a member of the committee going to individual committee members and obtaining member signatures on a vote tally sheet attached to the bill.

In the Open Meetings Act, 1976 PA 267, supra, Sec. 2(a), the legislature defined 'public body' in the following manner:

"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 . . .' [Emphasis added.]

Other pertinent provisions of the Open Meetings Act, supra, are sections 2(d) and 3(1), (2) and (3), which state:

'Sec. 2(d) 'Decision' means a determination, action, vote, or disposition upon a motion, proposal, recommendations, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy.

'Sec. 3(1) All meetings of a public body shall be open to the public and shall be held in a place available to the general public. All persons shall be permitted to attend any meeting except as otherwise provided in this act.

'Sec. 3(2) All decisions of a public body shall be made at a meeting open to the public.

'Sec. 3(3) All deliberations of a public body constituting a quorum of its members shall take place at a meeting open to the public except as otherwise provided in sections 7 and 8.' [Emphasis added.]

The establishment of legislative committees is provided for by Const 1963, art 4, Sec. 17, which states:

'Each house of the legislature may establish the committees necessary for the efficient conduct of its business and the legislature may create joint committees. On all actions on bills and resolutions in each committee, names and votes of members shall be recorded. Such votes shall be available for public inspection. Notice of all committee hearings and a clear statement of all subjects to be considered at each hearing shall be published in the journal in advance of the hearing.'

The address to the people referring to this section states:

'This is a new section designed to eliminate secrecy in legislative committee meetings. Such committees must keep a recorded roll call vote of all action on bills and resolutions taken in committee and the vote must be available for public inspection.

'Notice of all committee hearings and a clear statement of all subjects to be considered at each hearing shall be published in the journal prior to the hearing.' 2 Official Record, Constitutional Convention 1961, p 3373.

It is clear from the language of the Open Meetings Act, Sec. 2(a), supra, that the legislature intended to include legislative committees within the provision of the Act. This in no way conflicts with the provisions of Const 1963, art 4, Sec. 17 and, on the contrary, reinforces the intent of that section that the activities of legislative committees be subject to public scrutiny. Furthermore, it should be noted that a committee of the Michigan legislature has the power, subject to a discharge motion, to deprive the legislature itself of the opportunity to vote on proposed legislation. Thus, a decision on whether to report out a bill is an exercise of governmental authority which effectuates public policy, and comes within the definition of 'decision', as defined in section 2(d), supra.

It is therefore my opinion that a legislative committee is a 'public body' whose meetings are subject to the provisions of the Open Meetings Act.

In my opinion, the practice of 'round-robining' will defeat the public's right to be present and to observe the manner in which the decisions of legislative committees are made, [see Haven v City of Troy, 39 Mich App 219; 197 NW2d 496 (1947)], and violates the letter and the spirit of the act. OAG 1976-1977, No 5183 (March 8, 1977) Part II, No. 8.

Frank J. Kelley

Attorney General