STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6305

July 18, 1985

OPEN MEETINGS ACT:

Furnishing copy of posted notice of meeting of public body to requesting newspapers or television or radio stations at expense of public body

A public body must furnish a copy of the posted notice of a meeting of the public body upon the written request of a newspaper published in Michigan, or a television or radio station located in Michigan, by first class mail, postage prepaid, free of charge.

Honorable Dan DeGrow

State Senator

The Capitol

Lansing, Michigan

You have requested my opinion on the following question:

The Open Meetings Act, MCL 15.261 et seq; MSA 4.1800(11) et seq, requires meetings of public bodies to be open to the public.

MCL 15.264; MSA 4.1800(14), provides that public notice of meetings be provided by posting at the principal office of the public body and at any other locations deemed appropriate by the public body.

In MCL 15.266; MSA 4.1800(16), the Legislature has provided:

Under these provisions, any individual, organization, firm or corporation, including newspapers published in the state and radio and television stations located in the state, may request in writing that a copy of every notice of a meeting posted by a public body for the ensuing year be provided. A duty is imposed upon the public body to mail a copy of the notice by first class mail to the requesting party. Every individual, organization, firm or corporation, except a newspaper published in Michigan, television station located in Michigan, or radio station located in Michigan, must pay a fee to cover the cost of printing and postage of such notice. The Legislature has expressly provided that a copy of the posted notice must be furnished to the eligible requesting newspaper, television station or radio station 'free of charge.' (Emphasis added.)

While the word 'free' is susceptible of different meanings, in the context of MCL 15.266; MSA 4.1800(16), it clearly means without cost or charge since all other. requestors of the copy of the posted notice of a meeting of a public body, except such newspapers, television stations, or radio stations, must pay the cost of printing and postage in order to receive a copy of the posted notice of the meeting. See, Bond v Ann Arbor School Dist, 383 Mich 693, 700; 178 NW2d 484; 41 ALR3d 742 (1970).

Since the request for a copy of the posted notices of meetings must be in writing, it is demonstrable that a public body may only comply with the statutory duty of providing a copy of the notice of a meeting to such requesting newspaper, television station or radio station 'at the same time a public notice of a meeting is posted,' (emphasis added) MCL 15.266(2); MSA 4.1800(16)(2), by mailing a copy of the notice first class postage prepaid to the requesting newspaper, television station, or radio station.

The legislative intent is manifest and must be given effect. Guitar v Bieniek, 402 Mich 152, 158; 262 NW2d 9 (1978).

It is my opinion, therefore, a public body must furnish a copy of the posted notice of a meeting of the public body, upon the written request of a newspaper published in Michigan, or a television or radio station located in Michigan, by first class mail, postage prepaid, free of charge.

Frank J. Kelley

Attorney General