[Michlib-l] Amendment to MDHHS Emergency Order

[Membiela, Clare (MDE)]

Hi:


The Director of the Michigan Department of Health and Human Services (MDHHS), Elizabeth Hertel, issued an amendment to the MDHHS Gathering and Face Mask order issued March 19.

The amendment specifically addresses the OMA issue which arose because of the March 31, 2021 expiration of the ability to hold public meetings virtually for any reason.

Public libraries in municipalities which have not issued a state of emergency declaration can not meet virtually since there is currently no declared "State of Emergency" by the Governor.

The problem with this situation was that a 25 person limit (including board members and director) may not be a large enough limit to hold an in-person meeting without having to turn members of the public away, which is prohibited under the OMA.

The new amendment, available on the Michigan Coronavirus site at https://www.michigan.gov/coronavirus/0,9753,7-406-98178_98455-533660--,00.html adds public meetings held by public bodies under the OMA  to the list of circumstances that are exempt from the 25 person non-residential gathering limit.

This means that public library boards can hold in-person board meetings and not worry if they have more than 25 persons.

HOWEVER:


  *   The occupancy limit that corresponds to the venue used for the meeting is still in effect - so, if a meeting is held in a public library, the attendees in that meeting are counted towards 50% occupancy limit of the library (and if that occupancy limit is small, such as 25 people or under, the board may still have an OMA issue).
  *   This ONLY APPLIES TO PUBLIC MEETINGS HELD UNDER THE OPEN MEETINGS ACT - so, for libraries that's board meetings - not staff meetings, not programs, etc.
  *   Masking and social distancing are still required!   A library having an in-person public meeting must be able to place everyone (including the board members) 6 ft apart- and enforce mask wearing for public attendees, staff, and board.

Libraries with questions or concerns about how this new amendment may affect their public meeting, should contact their library attorney for advice.

Take care!
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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