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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. 6343

February 14, 1986

COUNTIES:

County clerk--duty to record minutes of county board of commissioners convened in open or closed session as a committee of the board

It is the duty of the county clerk, or in the clerk's absence, the deputy clerk, to record the proceedings of the county board of commissioners either in open or closed session when the majority of the members are convened as a committee of the county board of commissioners.

Honorable Margaret O'Connor

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion on the following questions:

1. Is it the duty of the county clerk or, in the clerk's absence, the deputy clerk, to record the proceedings of the members of the county board of commissioners when a majority of the members of the board are convened as a committee of the board of commissioners?

2. Is it the duty of the county clerk or, in the clerk's absence, the deputy clerk, to record the proceedings of the members of the county board of commissioners when a majority of the members of the board are convened as a committee of the board in closed session?

The office of the county clerk is a constitutional office with duties and powers provided by law. Const 1963, art 7, Sec. 4.

MCL 46.4; MSA 5.324, provides:

'The county clerk of each county, or in his absence his deputy, shall be the clerk of the board of supervisors [board of county commissioners] of such county. It shall be the duty of such clerk:

'First, To record all the proceedings of such board in a book provided for that purpose;

'Second, To make regular entries of all their resolutions and decisions upon all questions;

'Third, To record the vote of each supervisor on any question submitted to the board, if required by any member present;

'Fourth, To preserve and file all accounts acted upon by the board, and on no account to allow such accounts to be taken from his office;

'Fifth, To certify, under the seal of the circuit court of his county, without charge, copies of any and all resolutions or decisions on any of the proceedings of such board, when required by such board or any member thereof, or when required by any other person upon payment of 6 cents per folio therefor, and such certificate shall be prima facie evidence of the matters therein set forth;

'Sixth, To perform such other and further duties as such board may, by resolution, require.'

MCL 46.3a; MSA 5.323(1) provides, in part:

'The names and votes of members shall be recorded on an action which is taken by the board of county commissioners or by a committee of the board of county commissioners if the action is on an ordinance, resolution, or appointment or election of an officer . . .. A record which is made pursuant to this section shall be available for public inspection.' [Emphasis added.]

This statutory section provides, among other things, that certain matters at a meeting of a committee of the county board of commissioners must be recorded, and that the record shall be available for public inspection.

Also, the Michigan Court of Appeals, in Crain v Gibson, 73 Mich App 192, 200; 250 NW2d 792, lv den, 400 Mich 828 (1977), stated: '[T]he powers of the board [county board of commissioners] are exercised through its official resolutions and proceedings, recorded in its official minutes.' A footnote to the quoted sentence refers to MCL 46.4; MSA 5.324, quoted above, among other references.

Therefore, official actions, even if exercised by a committee of the board, must be recorded in its official record. Pursuant to MCL 46.4; MSA 5.324, it falls within the duties of the county clerk or, in the clerk's absence, the deputy clerk, to record and preserve this record.

Additionally, in regard to closed sessions, MCL 46.1(3); MSA 5.321(3), provides:

'The county board of commissioners may hold closed sessions as authorized by section 8 of Act No. 267 of the Public Acts of 1976, [the Open Meetings Act] being section 15.268 of the Michigan Compiled Laws.'

MCL 15.267(2); MSA 4.1800(17)(2) [section 7(2) of the Open Meetings Act], states:

'A separate set of minutes shall be taken by the clerk or the designated secretary of the public body at the closed session. These minutes shall be retained by the clerk of the public body, shall not be available to the public, and shall only be disclosed if required by a civil action filed under section 10, 11, or 13. These minutes may be destroyed 1 year and 1 day after approval of the minutes of the regular meeting at which the closed session was approved.'

The county clerk is designated as the clerk of the county board of commissioners and the county clerk or, in the clerk's absence, the deputy clerk, is mandated to record the proceedings of said board and preserve said records. MCL 46.4; MSA 5.324.

It is my opinion, therefore, that it falls within the duties of the county clerk or, in the clerk's absence, the deputy clerk, to record the proceedings of the members of the county board of commissioners either in open or closed session when a majority of the members of the board are convened as a committee of the board of commissioners.

Frank J. Kelley

Attorney General


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