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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. 6152 May 17, 1983 BUDGET: Availability of proposed budget to public before public hearing The proposed budget of a local unit of government must be completed and be available for public inspection for a minimum period of at least six days prior to the date of the public hearing to be held on the proposed budget. Honorable Phil Arthurhultz State Senator The Capitol Lansing, Michigan You have requested my opinion on the following question: Must a proposed budget for a local unit of government be completed and available for public inspection at least six days prior to the public hearing on the budget, or is it sufficient that the budget be available at the time of the public hearing? 1963 2nd Ex Sess PA 43; MCLA 141.411 et seq; MSA 5.3228(1) et seq, Sec. 2, provides: 'Every local unit shall provide for a public hearing to be held on its proposed budget, notice of such hearing to be given by publication in a newspaper of general circulation within such unit at least six days prior to such hearing. Such notice shall include the time and place of such hearing and shall state the place where a copy of such budget is available for public inspection.' [Emphasis added.] 1963 2nd Ex Sess PA 43, supra, was enacted to implement the provisions of Const 1963, art 7, Sec. 32, which provides: 'Any county, township, city, village, authority or school district empowered by the legislature or by this constitution to prepare budgets of estimated expenditures and revenues shall adopt such budgets only after a public hearing in a manner prescribed by law.' The language contained in 1963 Ex Sess PA 43, Sec. 2, supra, is plain, certain and unambiguous on its face. There is no room for further construction. Sam v Balardo, 411 Mich 405; 308 NW2d 142 (1982). It must be enforced as it was enacted by the Legislature. Oakland County Prosecutor v 46th District Judge, 76 Mich App 318; 256 NW2d 776 (1977). 1963 Ex Sess PA 43, Sec. 2, supra, requires that each local unit develop a proposed budget, set a date for a hearing to be held on the proposed budget, and order publication of a notice in a newspaper of general circulation within such unit at least six days before the date of the hearing, stating the time and place of the hearing and the public place where a copy of the proposed budget is available for inspection. Under the explicit command of the Legislature, the proposed budget must be available in the designated public place for purposes of inspection by the public for a minimum of six days before the date of the public hearing on the proposed budget. In OAG, 1965-1966, No. 4392, p 42 (March 23, 1965), it was concluded: 'Article VII, Section 32 of the Michigan Constitution of 1963 requires a township to hold a public hearing before it adopts its budget. 'The intent of this part of the Constitution is clear. The budget is to be presented to the residents at a public hearing prior to its adoption. I believe we may safely surmise that the purpose of this provision is to afford the residents an opportunity to state their views prior to the budget's actual adoption.' [Emphasis added.] The constitutional and statutory requirement for a public hearing on a proposed budget prior to its adoption by the local unit is to permit affected citizens a meaningful opportunity to be heard on the proposed budget prior to its final adoption. In order to permit such input on an informed and intelligent basis, access to the proposed budget document for the minimum statutory period of six days is mandatory. If the budget were not available until the time of the hearing, it would violate the plain command of the Legislature, 1963 Ex Sess PA 43, Sec. 2, supra. It should be noted that the local unit is required to hold a 'public hearing' on the budget rather than a 'public meeting.' This distinction was discussed in Haven v City of Troy, 39 Mich App 219, 224; 197 NW2d 496 (1972): 'A public body might hold a hearing coincidently with one of its meetings, but a meeting is not necessarily a hearing. The right to a hearing imports an opportunity to be heard. Implicit in that right is the companion right to reasonable notice not only of the time and place of a meeting of the public body required to conduct the hearing but also notice that a particular meeting of that body a particular question will be considered and those interested in that question will be given an opportunity to be heard.' [Emphasis added.] It is my opinion, therefore, that 1963 2nd Ex Sess PA 43, supra, requires that the proposed budget must be completed and be available for public inspection for a minimum period of at least six days prior to the date of the public hearing to be held on the proposed budget. Frank J. Kelley Attorney General
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