[Michlib-l] Stupid question

Fri Mar 12 18:44:51 EST 2021

Hi Carol,

If you saw a Michlib email from me earlier today about community calendars,
then this address works:
 Michlib-l at mcls.org
I think I've only received one response to my email, but I chalked it up to
Friday...

Colleen
Colleen Leddy, Director
Stair District Library
228 W. Main St.
Morenci, MI 49256
517.458.6510
stairlib.org

On Fri, Mar 12, 2021 at 5:25 PM Carol Dawe via Michlib-l <michlib-l at mcls.org>
wrote:

> i'm hoping you haven't signed off.  This is a stupid question but I'm
> trying to post to to MICHLib-l and it isn't giving me an error but it isn't
> posting a job listing  for Salem in Burnips, MI either.
>
> I'm using
>
> michlib-l at mail3.mcls.org
>
> I don't see it and neither does my colleague Sheryl VanderWagen.
>
> Thanks, Shannon. Such a pleasure speaking with you today.
>
> Carol Dawe
> Cooperative Director
> 616-559-5253 x2001
> 630-207-1205 (cell)
>
> www.llcoop.org <http://www.llcoop.org> <http://www.llcoop.org>
>
> Lakeland Library Cooperative | 4138 3 Mile Rd NW |
> <https://www.google.com/maps/search/4138+3+Mile+Rd+NW+%7C+Grand+Rapids,+MI+49534?entry=gmail&source=g>
>  Grand Rapids, MI
> <https://www.google.com/maps/search/4138+3+Mile+Rd+NW+%7C+Grand+Rapids,+MI+49534?entry=gmail&source=g>
> 49534
> <https://www.google.com/maps/search/4138+3+Mile+Rd+NW+%7C+Grand+Rapids,+MI+49534?entry=gmail&source=g>
> | 616-559-5253 x2001
> *Our mission is to strengthen our member libraries covering eight west
> Michigan counties by providing the means to share resources, services and
> expertise for the benefit of individuals and communities.*
>
> ------------------------------
> *From: *"Membiela, Clare (MDE) via Michlib-l" <michlib-l at mcls.org>
> *To: *michlib-l at mcls.org
> *Sent: *Friday, March 12, 2021 4:41:48 PM
> *Subject: *[Michlib-l] Virtual Board Meetings after March 31, 2021
>
> Hello!
>
>
>
> In the Director’s meeting today, a question came up with regards to
> information some libraries had received indicating that the ability to hold
> a virtual public meeting (like a board meeting) was dependent on only a
> LOCAL emergency, disaster or public health order.
>
>
>
> I reviewed the language of the statute, as well as the original house and
> senate analyses (which are often used as guidance by courts and attorneys
> to determine intent of statutory language), and the information I found
> suggests that the *legislature intends for public meetings to be able to
> hold virtual meetings after March 31, 2021 under the following
> circumstances:*
>
>
>
> *MCL 15.263a(1)(b <http://legislature.mi.gov/doc.aspx?mcl-15-263a>**)*
>
> *On and after March 31, 2021 through December 31, 2021, only those
> circumstances requiring accommodation of members absent for the reasons
> described in section 3(2). For the purpose of permitting an electronic
> meeting due to a local state of emergency or state of disaster, this
> subdivision applies only as follows:*
>
> *  (i) To permit the electronic attendance of a member of the public body
> who resides in the affected area.*
>
> *  (ii) To permit the electronic meeting of a public body that usually
> holds its meetings in the affected area.*
>
> *  (c) After December 31, 2021, only in the circumstances requiring
> accommodation of members absent due to military duty as described in
> section 3(2).*
>
>
>
> The YELLOW highlighted area permits virtual public meetings to occur
> under ANY of the circumstances listed in MCL 15.263(2):
>
>
>
> MCL 15.263 (2 <http://legislature.mi.gov/doc.aspx?mcl-15-263>):
>
> *All decisions of a public body must be made at a meeting open to the
> public. For purposes of any meeting subject to this section, except a
> meeting of any state legislative body at which a formal vote is taken, the
> public body shall, subject to section 3a, establish the following
> procedures to accommodate the absence of any member of the public body due
> to military duty, a medical condition, or a statewide or local state of
> emergency or state of disaster declared pursuant to law or charter or local
> ordinance by the governor or a local official, governing body, or chief
> administrative officer that would risk the personal health or safety of
> members of the public or the public body if the meeting were held in person*
>
> The GREEN highlighted area indicates that IF an order,disaster
> declaration , public health directive, etc.,  is issued by a LOCAL
> authority (as oppose to a State wide order), then the board can only meet
> virtually if they normally have their meetings within the geographic area
> covered by that local order. Same if an order covers a geographic area
> where a board member lives-  only that board member can attend virtually.
>
>
>
> The intent of this language is to PERMIT statewide virtual meetings if
> there is a statewide order, BUT if there is not a state wide order, and
> there is a LOCAL order (maybe as a result of a local health outbreak, or a
> local natural disaster), ONLY the public boards and/or public
> officials/board members in that geographic area can meet or attend
> virtually.
>
>
>
> The House
> <https://www.legislature.mi.gov/documents/2019-2020/billanalysis/House/pdf/2019-HLA-1246-A043CA80.pdf>
> and Senate
> <https://www.legislature.mi.gov/documents/2019-2020/billanalysis/Senate/pdf/2019-SFA-1246-G.pdf>
> analyses of this legislation as it was in the legislature further supports
> this:
>
>
>
> The House Analysis
> <https://www.legislature.mi.gov/documents/2019-2020/billanalysis/House/pdf/2019-HLA-1246-A043CA80.pdf>:
> (Senate Bill 1246 is the most recent amendment that added the March date)
>
>
>
> *Under the act, a meeting of a public body may be held electronically, in
> whole or in part, only under the following circumstances: *
>
> *• Through December 31, 2020, any circumstances.*
>
> *• Beginning January 1, 2021, through December 31, 2021, only those
> circumstances requiring accommodation of members absent due to military
> duty, a medical condition, or a statewide or local state of emergency or
> state of disaster. Also, for an electronic meeting due to a local state of
> emergency or of disaster, these provisions would apply only to allow the
> electronic attendance of a member of the public body who lives in the
> affected area or to allow the electronic meeting of a public body that
> usually holds its meetings in the affected area. *
>
> *• Beginning January 1, 2022, only circumstances requiring accommodation
> of members absent due to military duty. *
>
>
>
> *Senate Bill 1246 would revise the above time frames, so that the first
> provision would apply through March 30, 2021, and the second provision
> would apply beginning March 31, 2021. The other dates would not be changed.*
>
>
>
>
>
> The Senate Analysis
> <https://www.legislature.mi.gov/documents/2019-2020/billanalysis/Senate/pdf/2019-SFA-1246-G.pdf>
> :
>
>
>
>
>
> *Under Section 3a, a meeting of a public body held, in whole or in part,
> electronically by telephonic or video conferencing in compliance with
> Section 3a and, except as otherwise required in Section 3a, all of the
> provisions of the Act applicable to a nonelectronic meeting, is permitted
> by the Act in the following circumstances: *
>
> *--Before January 1, 2021, and retroactive to March 18, 2020, any
> circumstances, including any of the circumstances requiring accommodation
> of members absent because of military duty, a medical condition, or a
> statewide or local state of emergency or state of disaster.*
>
> *-- On and after January 1, 2021, through December 31, 2021, only those
> circumstances requiring accommodation of members absent because of military
> duty, a medical condition, or a statewide or local state of emergency or
> state of disaster, and only under the conditions specified in the Act.*
>
> *-- After December 31, 2021, only in the circumstances requiring
> accommodation of members absent because of military duty. *
>
>
>
> *Under the bill, where Act refers to January 1, 2021, the bill would refer
> to March 31, 2021*.
>
>
>
> Therefore, if a statewide MDHHS order restricting gatherings, etc. is in
> place on March 31,2021, it would seem that libraries CAN hold virtual
> meetings as long as that order is in place until December 31, 2021.
>
> AND
>
> If a local order is in place (and NOT a statewide order), then ONLY that
> local library board and/or members can attend virtually.
>
>
>
> I hope this is helpful! I encourage libraries to review this language with
> their attorneys if they have questions regarding whether they can convene a
> virtual meeting after March 31, 2021.
>
>
>
> Thanks!
>
> Clare
>
>
>
> Clare D. Membiela, MLS, J.D.
>
> Library Law Consultant
>
> Library of Michigan
>
> 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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