The Oversight & Ethics Committee is considering a joint resolution to put an initiative on the ballot that would amend the constitution to clarify that the state university boards are subject to the Open Meetings Act and the Freedom of Information Act.

“The current language in the constitution reads “Formal session of governing boards of such institutions shall be open to the public”

The Michigan Supreme Court, in a decision in the case of Federated Publications v. Michigan State University, decided that it was up to the Boards to decide what was a “formal session” and that in the case of MSU’s presidential search committee; the legislature had no authority to enforce the OMA. Even though the Supreme Court took into consideration that the meetings of the presidential search committee did not constitute meetings of the full board (only four of the trustees were members of the committee and their selection had to be approved by a vote of the full board), the lower courts have generally found that the Universities are immune to the OMA.

The Oversight & Ethics Committee are considering whether or not to put forth the following language for a public vote;

“Meeting of governing boards of such these educational institutions shall be open to the public, as provided by law. Records of these institutions are public records and open to inspection, as provided by law.”

The University Of Michigan Board Of Regents has been fighting to keep their deliberations secret for a very long time. Up until the 1950’s the University of Michigan’s Board of Regents would meet in secret and only make public announcements of the Boards decisions. In 1950, the Michigan Press Association, under the presidency of Ink White, formed a committee to work for the right of the public to attend meetings of the Board. In 1954, the Board made an agreement with the MPA to allow the press to attend their meetings but reserved the right to conduct their deliberations in private. In the constitutional convention that wrote the 1963 Michigan Constitution, it was Ink White who added the language to Section VIII article 4 that required formal sessions of the boards to be open to the public. Mr. White’s correspondence with the MPA committee [1] makes it clear that their aim was to make the board’s deliberations public but that goal has still not been achieved and given the Michigan Supreme Court’s rulings it cannot be achieved without a constitutional amendment.

The legislature has the opportunity to give the voters a chance to decide this issue. Please call the committee members and let them know that you would like them to give you that opportunity.


Oversight and Ethics Committee Contact Information

Ed McBroom (R) Committee Chair, 108th District

·         Phone: 517-373-0156 Toll Free: (855) 347-8108
·         Email: EdMcBroom@house.mi.gov

Martin Howrylak (R) Majority Vice-Chair, 41st District

·         Phone: 517-373-1783 Toll Free: 1-877-248-0001
·         Email: MartinHowrylak@house.mi.gov

Joseph Graves (R) 51st District

·         Phone: 517-373-1780 Toll Free: 866-989-5151
·         Email: JosephGraves@house.mi.gov

Lana Theis (R) 42nd District

·         Phone: (517) 373-1784
·         Email: LanaTheis@house.mi.gov

Rose Mary Robinson (D) Minority Vice-Chair, 4th District

·         Phone: 517-373-1098 Toll Free: 855-654-0404
·         Email: rosemaryrobinson@house.mi.gov

Kristy Pagan (D) 21st District

·         Phone: (517) 373-2575 Toll-Free: (888) 347-8021
·         Email: kristypagan@house.mi.gov



[1] Available in the Bentley Historical Library