Special Alert
Supreme Court says no delay on Executive Orders ruling
Issuing orders Monday afternoon, the Michigan Supreme Court said its opinion that Gov. Gretchen Whitmer’s Executive Orders based on a 1945 state law are invalid goes into effect without further delay.

This means that the state’s Open Meetings Act returns to its pre-pandemic standards barring remote participation in local board meetings in almost all circumstances. Under OMA, counties can use a hybrid method with a quorum of the commissioners physically present but others participating remotely.

Local meetings, however, would be governed also, apparently, by public health orders issued by the Michigan Department of Health and Human Services setting rules on the size of gatherings, spacing and use of masks. Local public health officers also may have orders in place that would affect a local board session.

MAC continues to pursue passage of Senate Bill 1108, which would insert into state law provisions to allow for expanded remote participation in board meetings in such situations as pandemics and retroactively allows for remote participation back to March 18, 2020. That bill cleared the Senate last week and is expected to be considered by the House this week. MAC expects swift action by the House and Gov. Whitmer on the legislation.

To send a message of support to the House on SB 1108, click here.