Elizabeth Markel v. David MacKley
327617
| Mich. Ct. App. | Nov 1, 2016Background
- Oakland Township Parks and Recreation Commission (PRC) is a seven-member elected body; quorum = 4. Plaintiffs Markel, Rogers, and Schmidt were new commissioners elected in 2012; four defendants were long-time commissioners.
- Plaintiffs sued under Michigan’s Open Meetings Act (OMA), alleging defendants used email chains to deliberate and decide public-policy matters privately, then presented a united front at public meetings.
- Trial court granted defendants summary disposition under MCR 2.116(C)(10), finding deliberation but no quorum in the emails. Plaintiffs appealed; Court of Appeals reviewed de novo.
- The court examined whether (1) a quorum was present in the email threads, (2) the exchanges constituted "deliberating" or "decision" on public policy per MCL 15.262(b), and (3) any statutory exceptions or subcommittee rules applied.
- The court found at least three email exchanges (Land Preservation Fund, hiring the stewardship manager, Marshview Connector Parking Lot) involved a quorum and deliberation toward decisions, violating MCL 15.263(3). One email series (procedural guidelines) was a subcommittee matter and did not violate the OMA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether email chains constituted a "meeting" under OMA (quorum + deliberation + public-policy matter) | Emails included four commissioners and showed deliberation/decisions on public policy; therefore they were meetings in violation of OMA | Some emails lacked four recipients; where a quorum was included not all quorum members actively participated, so no deliberation by a quorum occurred | Court held emails concerning LPF, hiring, and MVC contained a quorum and deliberation; they were meetings violating OMA; trial court erred denying plaintiffs’ C(10) motion and plaintiffs entitled to relief on those counts |
| Whether a quorum must actively participate (i.e., each member must respond) for an email to be a meeting | A quorum present in emails may be deliberating even if some members did not reply; tacit agreement and later identical actions at public meetings show participation | Ryant requires active exchange among quorum members; silent recipients are mere observers, no meeting | Court rejected rigid requirement that every quorum member must actively respond; whether deliberation occurred is fact-specific; here evidence showed tacit participation and coordinated outcomes, so violation found |
| Whether deliberations concerned "public policy" or merely internal/administrative matters | The disputed topics (LPF control, personnel hiring, permitting MVC) are matters of public policy | Some exchanges were about internal procedure or interpretation of prior resolutions, not future public-policy decisions | Court found LPF, hiring, MVC were public-policy matters; procedural guidelines discussion was a subcommittee matter and not a violation |
| Whether subcommittee exception or constructive-quorum theory saves defendants | Plaintiffs argued constructive quorums and intentional sub-quorum groupings to subvert OMA | Defendants argued subcommittee exception applied and no intent to form constructive quorums | Court held subcommittee emails (procedural guidelines) were permissible; but evidence supported potential constructive-quorum questions and at minimum factual disputes existed—nonetheless several violations were found |
Key Cases Cited
- Booth Newspapers, Inc. v. Univ. of Mich. Bd. of Regents, 444 Mich 211 (1993) (OMA should be interpreted broadly to promote government accountability)
- Speicher v. Columbia Twp. Bd. of Trustees, 497 Mich 125 (2014) (public bodies must conduct deliberations and decisions at open meetings)
- Ryant v. Cleveland Twp., 239 Mich App 430 (2000) (deliberation requires exchange or discussion; silent dual-role attendees may be mere observers)
- Davis v. Detroit Fin. Review Team, 296 Mich App 568 (2012) (subcommittees that merely prepare recommendations are not public bodies for OMA purposes)