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. 5560 September 13, 1979 OPEN MEETINGS ACT: Place of meeting OPEN MEETINGS ACT: Joint meetings of two public bodies STATE BOARD OF EDUCATION: Open Meetings Act SCHOOLS AND SCHOOL DISTRICTS: Open Meetings Act If two public bodies wish to jointly consider public policy matters, each must follow the requirements of the Open Meetings Act. Although a public meeting of a public body need not be held within the boundaries of the governmental unit, such a meeting may not be held at a distance from the governmental unit which would make it difficult or inconvenient for citizens residing in the area served by the public body to attend. A quorum of a local board of education may meet with the State Board of Education to listen to the State Board's position on issues of concern to the local board without complying with the requirements of the Open Meetings Act as long as the local board does not, at such meeting, deliberate upon or decide matters of public policy. Honorable Joyce Symons State Representative The Capitol Lansing, Michigan 48909 You have stated that the Allen Park Board of Education wishes to convene in the Civic Hall which is located outside the boundaries of the school district and you have requested my opinion of the following questions: 1. When two governmental units, such as a local board of education and a city council, meet for the purpose of joint discussion of items of common interest, must both public bodies conduct meetings pursuant to the requirements of the Open Meetings Act? 2. Must a public body convene a meeting within the geographical limits of its jurisdiction? You have also asked: 3. If a quorum of a local board of education wishes to appear before the State Board of Education, must the local board comply with the requirements of the Open Meetings Act? 1976 PA 451, Sec. 1201, MCLA 380.1201; MSA 15.4201, provides that local school boards shall conduct business at a public meeting held pursuant to the requirements of the Open Meetings Act, 1976 PA 267, MCLA 15.261 et seq; MSA 4.1800(11) et seq. Section 2(b) of the Open Meetings Act, supra, defines a 'meeting' to mean: '. . . the convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering a decision on a public policy.' Consequently, in response to your first question, two public bodies wishing to jointly consider public policy matters must each follow the requirements of the Open Meetings Act, supra, which includes the duty to post public notice of the meeting, section 5, and the keeping of minutes, section 9. As to your second question, section 3(1) of the Open Meetings Act, supra, provides: '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 meetings except as otherwise provided in this act.' It will be noted that the statute only requires that a meeting be held in a place available to the general public; it does not dictate that the meeting be held within the geographical limits of the public body's jurisdiction. However, if a meeting is held so far from the public which it serves that it would be difficult or inconvenient for citizens residing in the area served by the public body to attend, the meeting could not be considered as being held at a place available to the general public. Wherever possible, the meeting should be held within the boundaries of the governmental unit served by the public body. Therefore, under the facts presented in your inquiry, it is my opinion that the Allen Park Board of Education may meet in the Civic Hall, which is a place available to the general public of the Allen Park School District, even though the hall is not within the Allen Park School Districts. In response to your third question, section 3(10) of the Open Meetings Act, supra, provides: 'This act shall not apply to a meeting which is a social or chance gathering or conference not designed to avoid this act.' In OAG, 1979-1980, No 5433 (January 31, 1979), it was stated that this exemption from the requirements of the Open Meetings Act permits a public body to listen to the concerns of members of the public or persons with special knowledge in the presence of other interested persons as long as the public body refrains from deliberating upon or deciding matters of public policy. Consistent with OAG 5433, supra, it is my opinion that a quorum of a local board of education may meet with the State Board of Education to listen to the State Board's position on issues of concern to the local board without complying with the requirements of the Open Meetings Act, supra, as long as the local board does not, at such meeting, deliberate upon or decide matters of public policy. However, it should be noted that the State Board of Education in deliberating on issues of concern to the local board, must comply with the requirements of the Open Meetings Act, supra. Thus, the public will have ample opportunity to observe the official performance of the public officials involved thereby carrying out the letter and spirit of the Open Meetings Act, supra. Frank J. Kelley Attorney General