UPDATE: On April 14, 2020, Governor Gretchen Whitmer signed Executive Order 2020-48, extending the duration of relief through May 12, 2020 for public bodies that are subject to the Open Meetings Act to use telephone or video conference methods to continue meeting and conduct business. With this new order, EO 2020-15 is rescinded.

With Executive Order 2020-48, public bodies that are subject to the Open Meetings Act can use telephone or video conferencing methods to continue meeting and conduct business. This will be allowed provided there is two-way communication for members and the public to hear and address each other.

This is a brief summary and does not constitute legal advice. We encourage you to review Executive Order 2020-48 as there are many terms which address how a public body meeting must be conducted.

March 19, 2020: Governor Whitmer through an executive order is temporarily allowing public bodies to meet electronically until April 15, as long as the method used facilitates public participation.

With Executive Order 2020-15, public bodies that are subject to the Open Meetings Act can now use telephone or video conferencing methods to continue meeting and conduct business. This will be allowed provided there is two-way communication for members and the public to hear and address each other.

This Order does not apply to nonprofit corporations that do not meet the definition of a “public body.” Nonprofit corporations that are not public bodies may conduct meetings by conference telephone or similar communications equipment provided all participants can communicate with each other, unless the articles or bylaws restrict such participation.

Edward J. Castellani is an attorney and CPA with Fraser Trebilcock and serves as Chair of the Firm’s Business and Tax Department. He may be contacted at ecast@fraserlawfirm.com or 517-377-0845.