Harlan Vermilya v. Delta College Board of Trustees
925 N.W.2d 897
Mich. Ct. App.2018Background
- Delta College Board voted on Jan 12, 2016 to enter closed session under MCL 15.268(e) "to consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation."
- Meeting minutes did not identify the name of the specific pending litigation the board intended to discuss.
- Plaintiffs (Vermilya and Anklam) sued under the Open Meetings Act (OMA), alleging the board failed to state the required purpose for the closed session.
- Defendant moved for summary disposition arguing MCL 15.268(e) does not require naming the specific case; plaintiffs sought judgment under MCR 2.116(I)(2).
- Trial court granted plaintiffs judgment in part, holding the board violated MCL 15.267(1) and MCL 15.269(1) by failing to identify the specific pending litigation; defendant appealed.
- Court of Appeals affirmed, interpreting the OMA to require identification of the specific litigation when invoking § 8(e).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether invoking MCL 15.268(e) requires naming the specific pending litigation before entering closed session | The minutes must state the purpose; naming the specific lawsuit is required to satisfy MCL 15.267(1) and 15.269(1) | MCL 15.268(e) does not itself require naming the specific case; saying there is "specific pending litigation" suffices | The OMA requires identification of the specific pending litigation when invoking § 8(e); failure to do so violated MCL 15.267(1) and 15.269(1) |
Key Cases Cited
- Whitman v. City of Burton, 493 Mich 303 (statutory interpretation principles)
- GC Timmis & Co v. Guardian Alarm Co, 468 Mich 416 (statutes read in context with whole act)
- Booth Newspapers, Inc. v. Univ. of Mich. Bd. of Regents, 444 Mich 211 (OMA interpreted broadly; exemptions strictly)
- Speicher v. Columbia Twp. Bd. of Trustees, 497 Mich 125 (OMA meeting/open government framework)
- Herald Co., Inc. v. Tax Tribunal, 258 Mich App 78 (public body must identify FOIA-exempt material and exemption before closed session)
- Kitchen v. Ferndale City Council, 253 Mich App 115 (OMA purpose: promote governmental accountability)
- Manning v. East Tawas, 234 Mich App 244 (purpose of § 8(e) to permit litigation preparation without broadcasting strategy)