[Michlib-l] Virtual attendance at board meetings?

[Linda Lyshol]

Clare, having some policies to look at would be great! 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

On Thu, Feb 1, 2018 at 9:45 AM, Membiela, Clare (MDE) <
MembielaC at michigan.gov> wrote:

> 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
>
> 517-335-8132 <(517)%20335-8132>
>
>
>
> *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.*
>
>
>
>
>
> Visit the new Michigan Parent Dashboard for School Transparency
>
> *Your Window to Important School Information and Facts*
>
>
>
> Learn more at: http://www.MISchoolData.org/ParentDashboard
> <http://www.mischooldata.org/ParentDashboard>
>
>
>
>
>
>
>
>
>
>
>
>
>
> *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
> <https://maps.google.com/?q=10+E.+Chicago+St.,Coldwater+MI+49036&entry=gmail&source=g>
>
> http://www.BranchDistrictLibrary.org
>
> 517-278-2341, ext. 116 <(517)%20278-2341> | 517-278-2342
> <(517)%20278-2342> (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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