Nicholas v. MERIDIAN TP. BD.
| Decision Date | 19 April 2000 |
| Docket Number | Docket No. 211956. |
| Parties | Jean A. NICHOLAS, Dianne K. Holman, Donn L. Story, James H. Ramey, and Polly Kent, Plaintiffs-Appellants/Cross-Appellees, v. MERIDIAN CHARTER TOWNSHIP BOARD, Bruce A. Little, and Kirk K. Squiers, Defendants-Appellees/Cross-Appellants. |
| Court | Court of Appeal of Michigan — District of US |
Brookover & Fleischmann, P.C. (by George M. Brookover and Diane S. Carr), East Lansing, for the plaintiffs.
Plunkett & Cooney, P.C. (by Mary Massaron Ross and David K. Otis), Detroit, for the defendants.
Before: SAWYER, P.J., and HOOD and FITZGERALD, JJ.
Plaintiffs appeal by right from an order granting summary disposition in favor of defendants pursuant to MCR 2.116(C)(10) on the basis of a determination that, although defendants had violated the Open Meetings Act (OMA), M.C.L. § 15.261 et seq.; MSA 4.1800(11) et seq., plaintiffs failed to create any genuine issue of material fact establishing (1) that they were entitled to invalidation of the disputed decisions, (2) that they were entitled to injunctive relief, or (3) that defendants intentionally violated the OMA. We affirm in part, reverse in part, and remand.
Defendants have made several pertinent factual admissions in this case. The following facts are undisputed. Pursuant to M.C.L. § 42.7(5); MSA 5.46(7)(5), four members of the township board constitute a quorum for purposes of conducting township business. On December 6, 1996, the planning and development committee met with prior public notice. A quorum of township board members was present at this meeting. Township board member Bruce A. Little participated in the discussion at this meeting even though he was not a member of the planning and development committee.
On January 13, 1997, the personnel committee met with prior public notice. A quorum of township board members was present at this meeting where matters of public policy were discussed. Although not a member of this committee, Little joined in the discussion but did not vote on any business before the committee.
The public safety committee met on January 15, 1997, with a quorum of the township board being present. Prior notice of this meeting was provided to the public. Township business and matters of public policy were discussed at this meeting with Little, who was not a committee member, participating in the discussions.
On January 31, 1997, a meeting of the planning and development committee was held with a quorum of township board members being present; prior public notice of this meeting had been provided. Matters of public policy were discussed. At this meeting, Little again participated in the discussions before this committee even though not a committee member.
A meeting of the personnel committee was held on February 18, 1997, with a quorum of the township board being present. Although not members of the committee, Little and Kirk K. Squiers, another member of the township board, participated in the discussion of township business.
Defendants have admitted that all the subject committee meetings constituted meetings of a "public body at which public policy was discussed and in which deliberations were made." Defendants also admitted that none of the notices regarding these meetings indicated that a quorum of the township board would be present.
Plaintiffs first argue that the trial court's grant of summary disposition for defendants was in contradiction to its ruling that defendants violated the OMA and that plaintiffs were therefore entitled to relief under the statute. We disagree.
MCL 15.262; MSA 4.1800(12) defines certain terms with regard to application of the OMA and states, in pertinent part:
* * *
(d) "Decision" means a determination, action, vote or disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy.
MCL 15.263; MSA 4.1800(13) provides, in pertinent part:
Decisions of a public body shall be presumed to have been adopted in compliance with the requirements of the OMA. M.C.L. § 15.270(1); MSA 4.1800(20)(1).
MCL 15.265; MSA 4.1800(15) provides, in pertinent part:
(1) A meeting of a public body shall not be held unless public notice is given as provided in this section by a person designated by the public body.
The primary goal of judicial interpretation of statutes is to ascertain and give effect to the intent of the Legislature. Frankenmuth Mut. Ins. Co. v. Marlette Homes, Inc., 456 Mich. 511, 515, 573 N.W.2d 611 (1998). The first criterion in determining intent is the specific language of the statute. In re MCI Telecommunications Complaint, 460 Mich. 396, 411, 596 N.W.2d 164 (1999). The Legislature is presumed to have intended the meaning it plainly expressed. Nation v. W. D. E. Electric Co., 454 Mich. 489, 494, 563 N.W.2d 233 (1997). Where the language of a statute is clear and unambiguous, judicial construction is generally neither necessary nor permitted. Lorencz v. Ford Motor Co., 439 Mich. 370, 376, 483 N.W.2d 844 (1992). Courts may not speculate concerning the probable intent of the Legislature beyond the words expressed in the statute. In re Schnell, 214 Mich.App. 304, 310, 543 N.W.2d 11 (1995). Statutory interpretation is a question of law that we review de novo. Oakland Co. Bd. of Co. Rd. Comm'rs v. Michigan Property & Casualty Guaranty Ass'n, 456 Mich. 590, 610, 575 N.W.2d 751 (1998).
When a quorum of the members of a public body meet to consider and discuss public business, it is a "meeting" under M.C.L. § 15.262(b); MSA 4.1800(12)(b). See OAG, 1989-90, No. 6636, p. 253. Meetings with a quorum present held to deliberate a public question must be held at a public meeting. Thus, if members of a public body gather, a quorum being present, for the purpose of deliberating, the meeting is subject to the provisions of the OMA even if there is no intention that the deliberations will lead to the rendering of a decision on that occasion. Id.
In the present case, the parties do not dispute that each of the subject committee meetings at which a quorum of the township board was present was a meeting of a "public body" and involved deliberations regarding public policy.2 These meetings were therefore subject to the OMA. M.C.L. § 15.262; MSA 4.1800(12). It was incumbent that proper notice be provided with regard to each of these meetings. MCL 15.263; MSA 4.1800(13), M.C.L. § 15.265; MSA 4.1800(15).
OAG, No. 6636, supra at 878, concerned a meeting of a county planning commission committee that consisted of more than fifty members, two of whom were members of the county board of commissioners. The question presented was whether, if additional members of the board attended a public meeting of the planning commission committee so as to constitute a quorum of the board, must the meeting be posted as a meeting of the board. Id. The Attorney General opined that as long as the nonmember commissioners did not engage in deliberations or render decisions, the meeting need not be posted as a meeting of the board of commissioners. Id.
While OAG, No. 6636, supra, is not controlling, we are persuaded by its reasoning. We, therefore, conclude that defendants were obliged to inform the public that the business to be undertaken would actually be considered by the township board rather than the particular committee actually specified on the notice. Because the notices failed to do so, the trial court properly found that defendants had violated the OMA. However, our review of the record shows that, despite defendants' failure to provide proper notice, there was substantial compliance with the OMA notice requirements. Everything that was the subject of plaintiffs' complaint occurred during the course of a meeting properly noticed and open to the public. Nothing that took place was secreted or otherwise unknown to the public. Thus, the purpose of the OMA was essentially and realistically fulfilled. Arnold Transit Co. v. City of Mackinac Island, 99 Mich.App. 266, 275, 297 N.W.2d 904 (1980).
A party seeking an invalidation of a decision by a public body pursuant to M.C.L. § 15.270(2); MSA 4.1800(20)(2) must allege both a violation of the act and that this violation impaired the rights of the public. Esperance v. Chesterfield Twp., 89 Mich.App. 456, 464, 280 N.W.2d 559 (1979). The mere recital of the language that the rights of the public were impaired is insufficient to support a request for invalidation. Cape v. Howell Bd. of Ed., 145 Mich.App. 459, 467, 378 N.W.2d 506 (1985). We review a trial court's decision whether to invalidate a decision made in...
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