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. 5300

May 22, 1978

OPEN MEETINGS:

Meetings of legislative joint conference committees

Meetings of legislative joint conference committees are subject to the Open Meetings Act.

Honorable Harry A. DeMaso

State Senator

The Capitol

Lansing, Michigan 48909

You have requested my opinion as to whether deliberations of a legislative joint conference committee are subject to the Open Meetings Act, 1976 PA 267; MCLA 15.261 et seq; MSA 4.1800(11) et seq.

Joint committees of the Legislature are recognized by the provisions of Const 1963, art 4, Sec. 17, which provides that the Legislature may establish committees and joint committees for the efficient conduct of business.

OAG, 1977-1978, No 5222, p. ___ (September 1, 1977), which discussed whether 'round-robining' of bills by legislative committees is a violation of the Open Meetings Act, supra, stated:

'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 provisions 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. . . .'

The same considerations apply to the question of whether joint committees are subject to the Open Meetings Act. A joint committee is established for the purpose of resolving differences between the houses on a proposed law. This activity is one which effectuates or formulates public policy and therefore is undeniably a decision-making forum. Since a joint legislative committee is a 'public body' within the meaning of 1976 PA 267, supra, Sec. 2(a) its meetings are subject to the requirements of the Open Meetings Act.

It is further my opinion that, since the only exceptions to the notice requirements provided in 1976 PA 267, supra, Sec. 5(4) are those which apply to special meetings of subcommittees, all of the notice provisions, which include time and place of the meetings, do apply to meetings of joint committees of the Legislature.

Frank J. Kelley

Attorney General