Update
The discussion mentioned below took place with assurances that Councilmember Spivey would be making an appointment in time to have at least four members in place before the deadline to produce and approve a list of persons for the positions of Senior Issues Representative an Youth Member. We also learned that the deadline of January 31st moves to February 1st since the 31st is on a Sunday. Please attend our January 27th meeting for more details.
Tonight’s call (original post mentioned bellow) will not be subject to the Michigan Open Meetings Act.
This is based on a reading of the Michigan Attorney General’s publication “Open Meetings Act Handbook” where it says, “May a quorum of a board gather outside an open meeting without violating the OMA?” Here I am acting on the assumption that this conversation will “not involve discussions of public policy among the members of the board…” but will instead be for the purpose of listening to our Council Representative, his staff, and the Legislative Policy Division. We will not “deliberate toward, or make, a decision” on any matters discussed therein without fully disclosing and discussing it at Wednesday’s scheduled public meeting of the District 4 Community Advisory Council.
Finally, it is the Chair’s understanding that this meeting is not “designed to receive input from officers or employees of the public body.”
Notice: Detroit District 4 Council Representative Andre’ Spivey has called a meeting of the entire District #4 Community Advisory Council along with other officials. It is scheduled for 8:00 PM tonight Tuesday January 26th 2021.
One issue of dispute is what constitutes a quorum. The only mention of quorum in the Detroit Charter is a “majority of members.” There are three members so that would mean two members would be a quorum.
The City Council’s definition of quorum (Which they have published as an ordinance) is four members. As Chair of the District 4 Community Council, I reject the validity of quorum that exceeds 100% of the members, since this would make it impossible for processes mandated in the Charter to be fulfilled, and the City council and it’s ordinances are subordinate to the Charter.
The Michigan Open Meetings Act defines any meeting of a quorum of a bodies members as being subject to the open meetings act. This includes advanced posting of the meeting. Thus I am posting notice here to ensure compliance.
If our Council Representative fulfills his Charter mandated duty and fills the two vacancies on our CAC, this conundrum goes away. We look forward to that happening.
If the appointments take place, I will remove this post. Otherwise I will be be posting the Zoom link here shortly before the meeting.
Sincerely,
Scotty Boman, Chair
District 4 Community Advisory Council
District 4 Community Advisory Council 