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. 6800 May 11, 1994 OPEN MEETINGS ACT: Conviction for violating the Open Meetings Act and vacancy in office Conviction of a city council member for violating the Open Meetings Act does not result in a vacancy in office under state law. Honorable Joel Gougeon State Senator The Capitol Lansing, Michigan 48913 You have asked several questions relating to the status of two Vassar City Council members who have been convicted of violating the Open Meetings Act. Of primary concern is whether the convictions create vacancies in the convicted persons' council seats. Section 12 of the Open Meetings Act (Act), MCL 15.272; MSA 4.1800(22), provides: (1) A public official who intentionally violates this act is guilty of a misdemeanor punishable by a fine of not more than $1,000.00. (2) A public official who is convicted of intentionally violating a provision of this act for a second time within the same term shall be guilty of a misdemeanor and shall be fined not more than $2,000.00, or imprisoned for not more than 1 year, or both. [ Emphasis added.] A review of the legislative history of the Act is instructive. Senate Bill 920, which ultimately became the Open Meetings Act, at one point included a provision that a public official who violated the Act twice would automatically be removed from office. Specifically, SB 920 at that time provided: (1) A public official who intentionally violates this act is guilty of a misdemeanor punishable by a fine of not more than $1,000.00. (2) A public official who is convicted of intentionally violating a provision of this act for a second time within the same term shall be automatically removed from office. A vacancy caused by this subsection shall be filled in the manner prescribed by law, except that the public official removed pursuant to this subsection shall not be eligible for reelection or reappointment for the balance of the term. [ Emphasis added.] 1976 Journal of the House 4715-4716. Prior to its becoming law, SB 920 was changed to delete the required removal from office after a second conviction during the same term of office. Thus, the Legislature clearly rejected the automatic vacating of office as a penalty for those convicted of violating the Open Meetings Act twice. Given this history and the fact that the Legislature has specifically provided sanctions for a second violation committed within the same term, it is clear that the Legislature did not intend that a first violation be punishable by creating a vacancy in the public office. The Legislature may, of course, reconsider the issue of penalties for violating the Act and provide for an automatic vacancy in office upon either a first or second conviction in the same term of office. Frank J. Kelley Attorney General