|Case Forum:||Michigan Supreme Court|
|Keywords:||Open Meetings Act (OMA), public body, committee, Freedom of Information Act (FOIA)|
Don M Schmidt (P20005) | 444 West Michigan Avenue |
The Court of Appeals’ holding that Defendants-Appellants violated the Open Meetings Act (OMA) was based upon the Court’s legal conclusion that the Bay City City Commission
The Michigan Supreme Court held that an individual executive such as a city manager acting in an executive capacity is not a public body for purposes of the OMA, nor was the committee that the manager formed. The Court also found that, in this particular situation, the city commission had not delegated the city manager the responsibility to make a recommendation since that authority was given directly to the city manager by the charter. (The Court also held that disclosure of the
|MSC requested LDF amicus brief?||No|
Bay City’s charter provided that the city commission shall appoint a fire chief upon the recommendation of the city manager. When the fire chief position became vacant, the city manager appointed a five-person committee to assist him in making his recommendation to the commission. The committee screened the candidates and narrowed the pool to nine. Two withdrew and the committee interviewed seven and recommended three for second interviews with the city manager. The city manager interviewed the three final candidates and made a recommendation of one to the commission.