[Michlib-l] Virtual attendance at board meetings?

[Membiela, Clare (MDE)]

Hello Linda:

Currently it is legal to have a board member remotely participate via telephone, Skype, etc. However, there have been ,in the last few legislative sessions, bills introduced that would prohibit remote attendees from voting. The current bill on this issue is HB 4184<http://legislature.mi.gov/doc.aspx?2017-HB-4184>  The bills tend to get stalled in the process and not pass, however, it is likely that at some point this idea may become law.

The Open Meetings Act currently permits attendance and voting remotely, but is clear on the following caveats:


  *   Members attending remotely must be able to be CLEARLY seen and/or heard (depending on the method of attendance) by ALL participants – particularly members of the public.
  *   Members attending remotely should repeat their names or employ some other method when speaking in order to ensure that participants in the meeting (especially members of the public) fully understand who is speaking.
  *   All voting must be roll call votes in order to ensure that the public knows how each member votes.

Additionally, although there are no express prohibitions on this, it is generally thought that a quorum should not be attained via remote participation, and this practice is strongly discouraged.

If your board anticipates frequent remote participation, your board may wish to codify  policies within the bylaws and stipulate a limit to the number of members that can attend remotely at any one time. Some library board require prior notice to the board President of members willing to remote in. However, this is in the discretion of the board.

Here is a link to an article by the Clark Hill Law Firm on this topic that explains this well.
http://www.clarkhill.com/alerts/open-meetings-act-update-informal-meetings-remote-participation

Please don’t hesitate to contact me if I can be of any assistance! I have also compiled an assortment of different Board policies on this issue and would be happy to send t to you if it would be helpful.

Thanks!
Clare

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.


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From: michlib-l-bounces at mcls.org [mailto:michlib-l-bounces at mcls.org] On Behalf Of Linda Lyshol via Michlib-l
Sent: Wednesday, January 31, 2018 4:23 PM
To: michlib-l at mail.mcls.org
Subject: [Michlib-l] Virtual attendance at board meetings?

Hi, recently a trustee asked if it is legal to have board members attend virtually instead of physically. Obviously, this would not excuse physical presence at board meetings all the time, but simply for the times that the board member might be ill but not ill enough to have read the packet and be able to vote; it would be nice for them to leave their germs at home. There would, of course, be other reasons they might not be able to attend physically but, if possible, to attend virtually. Does anyone have an legal opinion on this or have a policy that I can look at? Thanks!

Linda Lyshol, MLIS, MPA
Library Director, Branch District Library
10 E. Chicago St.,Coldwater MI 49036
http://www.BranchDistrictLibrary.org
517-278-2341, ext. 116 | 517-278-2342 (fax)
To fear change is to fear being challenged.
To fear being challenged is to fear growth and new possibilities.~Ty Howard
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