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Thu February 2, 2012
Clarification: Judge indicates no closed meetings for EMs and financial reviews
Update 1:32 p.m.
Another update from MPRN's Rick Pluta. In this morning's status conference, Ingham County Circuit Court Judge William Collette told the attorney for State Treasurer Andy Dillon that he would rather the state not hold any financial review meetings until he rules whether these meetings have to adhere to the state's Open Meetings Act.
The judge said he's inclined to rule that closed door state financial review meetings violate the Open Meetings Act, but he's waiting to hear the state's argument. State attorneys have not filed their paperwork yet.
The state agreed to the judge's wishes saying they weren't planning to hold any financial review meetings prior to next week's hearing anyway.
MPRN's Rick Pluta followed up on this story for more clarification.
He spoke with Judge William Collette's assistant this morning, and with Andrew Patterson, the lawyer representing the plaintiff.
There was no official ruling from Judge Collette, as WXYZ in Detroit had reported.
Judge Collette only held an informal meeting with the two sides arguing the case this morning (Andrew Patterson and a lawyer representing State Treasurer Andy Dillon).
The plaintiff is Robert Davis, the board secretary of the Highland Park School District.
Davis said the state's financial review team violated Michigan's Open Meetings Act by holding private meetings, failing to post public notices for the meetings, and for failing to keep minutes of the meetings.
Davis wants the judge to void the recommendations of the state's financial review team that led to the appointment of an emergency manager for Highland Park schools.
The state maintains that closed door meetings are allowable for the financial review teams and for emergency managers.
Judge Colette informed the parties this morning of his inclination in the case.
He said, in his initial judgement, it appears the Michigan Open Meetings Act applies to emergency manager meetings and meetings held by the state's financial review teams.
Judge Colette directed those arguing the case to prepare their arguments for a hearing he is expected to hold next Wednesday morning. It's also possible that the parties will reach an agreement prior to a hearing.
The Chief Judge of Ingham Circuit Court
has ruled indicated that Governor Snyder and State Treasurer Andy Dillon cannot hold closed meetings with regard to emergency mangers and financial review teams, according to WXYZ in Detroit:
Treasurer Dillon had previously announced that the Emergency Manager process was not subject to the state's "Open Meetings Act."
The ruling means that the state financial team can no longer meet in private. The public must be allowed to be a part of these meetings.
We'll have more on this story as it develops.
*Correction - an earlier version of this story stated that Chief Judge Collette issued a ruling. He only held an informal meeting with the parties this morning. We put strike-throughs on the incorrect text above. A ruling, or an agreement is expected sometime next week.