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Nessel defends violation
of the Open Meetings Act
April 17, 2023
This story was submitted by T. Hughes, an East
Lansing public advocate.
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On April 14, 2023, Michigan’s Attorney General hosted a
town hall
on the Open Meetings Act (the OMA) and the Freedom of Information Act (FOIA).
Yet Nessel’s office uses taxpayer funds to fight citizens seeking
transparency from the state, under those exact laws. Nessel’s office is
currently fighting against transparency in our courts, on the taxpayers’
dime. One current case, in the Ingham Circuit Court has been dragging on
since July of 2022. The case involves violations of the OMA and FOIA by
the Michigan Economic Development Corporation (MEDC) and/or
Michigan
Arts and Culture Council (MACC). The OMA requires public notice of
meetings, public posting of proposed and approved meeting
minutes (with explicit timing requirements), and the holding of
public meetings for government action and decisions.
The Attorney General’s office and legal client MACC have gone so far as
to make
changes to website postings based on one such legal case against them.
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Attorney General Dana Nessel |
while they still use taxpayer funding to deny the plaintiff
relief or even a settlement for the case. The complaint shows, among
other examples of violations, that MACC publicly acknowledged needing to
hold a special meeting to decide how to spend federal funding under the
CARES and ARP Acts. Neither meeting ever took place. MACC decided fund
recipients behind closed doors, knowingly in violation of the
OMA.
When she believes nobody is watching, Nessel uses the power of her
office to legally bully those seeking transparency. Publicly, Nessel
decries Michigan’s dead last positioning on transparency by the Center
of Public Integrity. However, MACC and Nessel’s office are currently
dodging accountability for violations of the OMA, etc. Interestingly,
when political opponents violate the OMA or the FOIA, Nessel’s
office seeks accountability,
but when political allies violate the OMA or the FOIA, Nessel’s office
protects them from legal accountability, using taxpayer money (see
email exchange).
Examples from legal filings in current and open case
No. 22-000428-CZ in Ingham County
Circuit Court:
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“On April
16, 2020, at the second of four regular annual MACC meetings [minutes], (MACC
Director) Alison Watson stated MACC would need a special meeting in May
2020 to discuss a funding plan for National Endowment of the Arts (NEA)
Coronavirus Aid, Relief, and Economic Security (CARES) Act funds. On
July 17, at the following regular MACC annual meeting [minutes], Alison Watson
stated that $567,064 worth of CARES Act funds had been distributed.
There are no minutes of any meeting, “special” or otherwise, nor was
there ever public notice of the special meeting that occurred sometime
between April 2020 and July 2020, in intentional violation of the OMA
MCL 15.263 and MCL 15.265(1). Special meetings require notice,
public meetings, and minutes under MCL 15.265.
In April of 2021, in a regular MACC meeting [minutes], Watson stated that American
Rescue Plan (ARP) funding amounts were still being determined by the
NEA. According to MACC’s budget, $892,400 of NEA ARP funds were
distributed with no evidence of this in any meeting minutes, nor was
there any public notice or a public meeting for the ARP grant
decisions. The
October 2021 meeting minutes only discuss the funding
plan as it relates to regular funding that does not include the ARP
funds.”
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A complete list of MACC meeting minutes is
here.
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stevenrharry@gmail.com or call or text me at 517-730-2638. If
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