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. 5445

February 22, 1979

TOWNSHIPS:

Township board meetings

OPEN MEETINGS ACT:

Township board meetings fixing compensation of township officers

OFFICERS AND EMPLOYEES:

Township board meetings fixing compensation of township officers

A public body may not take final action on any matter during a closed meeting.

A township board at an open meeting may raise the salary of the township supervisor if the action is not taken within 60 days before an election; such action is subject to the possibility of alteration by a subsequent meeting by the township electors.

In lieu of these procedures for determining salaries for elected officials, the township board may, by ordinance, establish a local official's compensation commission to determine the salary of each township elected official.

The Honorable Edgar A. Geerlings

State Representative

The Capitol

Lansing, Michigan 48909

You have asked the following questions concerning the authority of a township board to act in executive sessions which are closed to the public:

1. Can a township board take final action on any matter at a closed meeting?

2. Can the township board set the salary for a township supervisor in excess of the amount established by the electors at the annual township meeting?

RS 1846, Ch 16, Sec. 72b as last amended by 1977 PA 159; MCLA 41.72b; MSA 5.64(2) provides:

'The business which the township board may perform shall be conducted at a public meeting of the board held in compliance with Act No. 267 of the Public Acts of 1976. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.'

The Open Meetings Act, 1976 PA 267; MCLA 15.261 et seq; MSA 4.1800(11) et seq, precludes public bodies from taking final action at closed sessions. Section 3 of the Open Meetings Act states, in part:

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

'(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 term 'decision' is defined in Sec. 2 of the Open Meetings Act to mean 'a determination, action, vote, or disposition upon a motion, proposal, recommendation, 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.' Thus, 1976 PA 267, Sec. 3(2) mandates that all decisions be made at an open meeting. In contrast, 1976 PA 267, Sec. 3(3) permits deliberations to be made at a closed session pursuant to sections 7 and 8.

Therefore, in answer to question 1, it is my opinion that the Open Meetings Act prohibits township boards from taking final action on any matter during a closed meeting.

Addressing your second question, elected township officials, such as the supervisor, are entitled to the salary set by the township electors at the annual township meeting or, if the electors fail or neglect to set a salary, to the salary that was paid for the office in the previous year. RS 1846, Ch 16, Sec. 95, as amended, MCLA 41.95; MSA 5.82. In addition, RS 1846, Ch 16, Sec. 95(3), supra, provides that a township board may determine the salaries of its members subject to review by the township electors as follows:

'The salary of township officials who are paid a salary may be determined by resolution adopted by the township board. The electors at a subsequent township meeting may alter the amount of salary fixed by the resolution. A salary shall not be raised within 60 days before an election.'

Thus, it is my opinion that a township board at an open meeting may raise the salary of the township supervisor if the action is not taken within 60 days before an election and subject to the possibility of alteration by a subsequent meeting of the township electors. Such action concerning the determination of the salary for the township supervisor could not, however, be taken at an executive or closed session of the township board.

It will be noted that, pursuant to RS 1846, Ch 16, Sec. 95(4), supra, a township board may, be ordinance, establish a local official compensation commission which shall determine the salary of each township elected official. This is an alternate procedure for establishing such salaries and may be used in place of that described in RS 1846, Ch 16, Sec. 95(1) and (2).

Frank J. Kelley

Attorney General