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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. 6365 June 2, 1986 Open Meetings Act: Closed session of public body to approve minutes of a closed session A public body may meet in closed session to approve the minutes of a closed session of the public body. Honorable Margaret O'Connor State Representative The Capitol Lansing, Michigan You have requested my opinion on the following question: May a public body meet in a closed session under the Open Meetings Act, MCL 15.261 et seq; MSA 4.1800(11) et seq, to consider approving the minutes of a closed session in order to protect the confidentiality of the minutes of a closed session? The Open Meetings Act, MCL 15.268(h); MSA 4.1800(18)(h), provides that a public body may meet in a closed session for the purpose of considering 'material exempt from discussion or disclosure by state or federal statute.' The minutes of a closed session called under the Open Meetings Act 'shall not be available to the public, and shall only be disclosed if required by a civil action filed under section 10, 11, and 13 [MCL 15.270, 15.271, and 15.273; MSA 4.1800(20), 4.1800(21), and 4.1800(23)].' MCL 15.267(2); MSA 4.1800(17)(2); OAG, 1981-1982, No 6019, p 507, 510 (December 29, 1981). As the minutes of a closed session constitute material exempt from disclosure by state statute, they fall squarely within the category of materials which a public body may consider in closed session. It is noted that MCL 15.267; MSA 4.1800(17) requires that the decision of a public body to meet in closed session for the purpose of approving the minutes of a closed session must be made in an open session of the public body. It is my opinion, therefore, that a public body may meet in a closed session to consider approving the minutes of a closed session. Frank J. Kelley Attorney General
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