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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. 6057 April 20, 1982 OPEN MEETINGS ACT: Committee of a public body composed of less than a quorum of the members holding the meeting at which a quorum of the public body are present A committee of a board of education composed of less than a quorum of the members of the board must conform to the notice provisions of the Open Meetings Act when it conducts a meeting at which a quorum of the board of education is present. Honorable Harry A. DeMaso State Senator State Capitol Lansing, Michigan 48909 You have requested my opinion on the following question: Is the Open Meetings Act violated when a committee formed by a board of education of a school district composed of three board members, holds a meeting without notice to the public and two additional board members attend to so that a quorum of the board is present? The Open Meetings Act, 1976 PA 267, Sec. 2; MCLA 15.262; MSA 4.1800(12) defines a 'public body' as: '(a) . . . 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. . . .' It is noted that all meetings of a 'public body' must be open to the general public, Open Meetings Act, supra, Sec. 3, after due notice to the public, Open Meetings Act, supra, Sec. 5. Closed sessions of a 'public body' may only be conducted as permitted by the Legislature in the Open Meetings Act, supra, Secs. 7 and 8. The board members who audited the meeting of the committee presumably knew that the board members serving on the committee would be present and that, therefore, a quorum of the school board would be present. It also is to be presumed that they knew that public policy issues would be discussed at the meeting An advisory committee to a public body incapable of rendering a 'final decision' is not required to comply with the notice and public meeting provisions of the Open Meetings Act, supra. OAG, 1977-1978, No 5183, p 21, 40 (March 8, 1977). However, the Opinion noted that if all the members of the public body were present at the meeting of the advisory committee, it would be a violation of the Open Meetings Act, supra, for the meeting to be closed to the public. There is no sound reason for a different rule to apply if a quorum of the public body is present. A committee or subcommittee or a public body consisting of less than a quorum of a public body may not meet with other members of the public body so as to constitute a quorum of the public body without complying with notice requirements of the Open Meetings Act, supra. The presence of a quorum at such meetings effectively constitutes the committee or subcommittee of a public body with the power to decide public policy. It is my opinion, therefore, that a committee of a board of education, composed of less than a quorum of the board, may not meet to discuss public policy issues when a quorum of the board to which it reports is actually present without notice to the public and an opportunity for the public to attend as required by the Open Meetings Act, supra. Frank J. Kelley Attorney General
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