[Michlib-l] Library Law Shorts - Executive Orders you may not know of

[Membiela, Clare (MDE)]

Greetings!

There are a few Executive Orders that have been issued that are of interest and importance to the library community. This update will provide a summary of these EO's and links to additional information.

EO 2020-48 "Temporary authorization of remote participation in public meetings and hearings and temporary relief from monthly meeting." https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-525888--,00.html
This EO rescinds EO 2020-15, which temporarily amended the Open Meetings Act to specifically permit public bodies (including public library boards) to conduct their public board meetings remotely via teleconference or videoconference. EO 2020-48 extends these amendments to May 12, 2020.
Therefore, public library boards mat continue to have their public meetings remotely, via videoconference or via conference call, as long as certain requirements are met (including ensuring that the public can participate, and that proper noticing occurs).
An FAQ on this EO is available  https://www.michigan.gov/coronavirus/0,9753,7-406-98178_98455-525872--,00.html

EO 2020-38 Temporary extensions of certain FOIA deadlines to facilitate COVID-19 emergency response efforts https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-524359--,00.html
This Executive Order temporarily amends the  Michigan Freedom of Information Act (FOIA) to permit public entities that receive FOIA requests additional time for responding to FOIA requests that arrive via regular mail or fax. In addition, completion of any request (including via e-mail or text) may be extended until the expiration of the Executive Order, which is June 4, 2020. A good explanation of this EO is available from Foster Swift:
https://www.fosterswift.com/communications-whitmer-temporarily-suspends-foia-deadlines.html<https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fosterswift.com%2Fcommunications-whitmer-temporarily-suspends-foia-deadlines.html&data=02%7C01%7CMembielaC%40michigan.gov%7Cad1528d015ef4ef7c8b608d7da552451%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637217931525616157&sdata=U%2FhAvc1Mh7tDRr1y%2FySaxK7nUxNV5aWAZQ9SzNzliWs%3D&reserved=0>

These next two EOs are ones that have some applicability to libraries, but may have greater impact on library staff and the communities libraries serve.

EO 2020-47- Temporary extension of the validity of certain driver's licenses, state identification cards, and vehicle registrations. https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-525924--,00.html This EO grants an extension of time for operator and chauffeur licenses and vehicle registrations which would be due for renewal between February 1, 2020, and May 31,2020.  Drivers and owners must complete renewas online, if able https://www.michigan.gov/sos/ <https://www.michigan.gov/sos/%20> . If service cannot be completed online, and renewal occurs before June 30, 2020, there will be no late fees, and law enforcement will make no arrests or impoundments as a result of vehicle , operator, or chauffeur license expiration (which occurs between February 1, 2020 & May 31, 2020).

In other words, if your license, your car (or bookmobile) registration expires between February 1 2020 & May 31, 2020, you must renew online, if possible www.michigan.gov/sos/<http://www.michigan.gov/sos/> . If the service you need is not available online, or if you are unable to complete your service online, you  will have until June 30, 2020 to renew with no penalty. For full details and explanation, please see

https://www.michigan.gov/whitmer/0,9309,7-387-90499_90640-525673--,00.html (overview)

https://www.michigan.gov/documents/sos/COVID-19-OFFICE-CLOSURE-FAQ_684644_7.pdf (Secretary of State FAQ - very informative!)
EO 2020-19  https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-522509--,00.html Temporary prohibition against entry to premises for the purpose of removing or excluding a tenant or mobile home owner from their home. This Executive Order provides protections to rental property tenants, and residents in homes with "executory contracts" such as  some land contracts. Landlords and property managers and contract holders may not remove these residents from their homes unless the tenant or resident poses a "substantial risk to another person or an imminent and severe risk to property." This order expires 4/17/2020 at 11:59pm.
https://michiganlegalhelp.org/self-help-tools/housing/covid-19-coronavirus-and-eviction-cases Michgan Legal Help explanation and resources for assistance.
https://www.michigan.gov/ag/0,4534,7-359-82915_82919_82241---,00.html - Michigan Attorney General Landlord Tenant rights page.

Executive Orders are continuously issued and we at LM will do our best to provide information and resources. Please don't hesitate to contact us if we can be of service!
https://www.michigan.gov/libraryofmichigan/0,9327,7-381-88855_89053_89064---,00.html

Stay safe & well!
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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