Governor Whitmer signs executive order temporarily authorizing remote public meetings

On March 18, 2020, Governor Gretchen Whitmer signed Executive Order 2020-15 to order a temporary change to the Open Meetings Act to allow public bodies to conduct their meetings electronically, while also facilitating public participation, until April 15, 2020 at 11:59PM.

Under Executive Order 2020-15, public bodies that are subject to the Open Meetings Act, including boards, commissions, committees, subcommittees, authorities, councils, and nonprofit boards, can use telephone- or video- conferencing methods to continue meeting and conducting business during the coronavirus (COVID-19) public health crisis, so long as they follow certain procedures to ensure meaningful access and participation by members of the public body and the general public.

In order to maintain the level of transparency that Governor Whitmer has sought under previous executive actions taken during her first month in office, public bodies must meet the following criteria when holding a public meeting electronically:

• Ensure two-way communication for members and the public to hear and address each other.
• Provide adequate notice to the public of the meeting.
• Post a public meeting notice on their website.
• Permit participants to record or broadcast the public meeting.
• Allow participants to address the public body during a public comment period.

The order also temporarily authorizes public bodies, departments, and agencies to use technology to enable remote participation in public comment and hearings, and temporarily excuses school boards from monthly meeting requirements.