Public Meeting Notices

All public bodies must comply with the Open Meetings Act.

A "public body" is any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, which is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function, or a lessee thereof performing an essential public purpose and function pursuant to the lease agreement.

In addition to the Open Meetings Act's requirements, certain public meetings, and hearings held or actions taken at public meetings, must have additional notice posted or published in a newspaper.

The following information is just a sampling of the statutory requirements to post or publish notice for different types of public meetings and hearings. Refer to the authorizing statute for specific notice and publication requirements.

All Township Meetings:
All public bodies must post a notice of the time, date and place of all regular (scheduled) meetings within 10 days of the beginning of the township calendar or fiscal year.

Changes in regularly scheduled meetings must be posted within three days after the meeting at which the change is made.

Special meetings must be posted 18 hours prior to the meeting at a location that is publicly accessible. Recessed meetings that are not reconvened within 36 hours must be posted in the same manner as a special meeting.

Calling Special Meetings:
In a general law township, the township board, the supervisor or a majority of the board may call a special meeting. The clerk shall give notice of the time and place to each board member, either in person or at the member's address.

In a charter township, a special meeting of the township board shall be called by the township clerk on the written request of the supervisor or of 2 members of the township board.

No business shall be transacted at a special meeting of a general law or charter township board unless such business has been stated in the special meeting notice, or unless all board members are present (MCLs 41.72a and 42.7).

Annual Meeting of the Electors:
The meeting is posted in accordance with the notice requirements in the Open Meetings Act for either a regular or special meeting, depending on when it is scheduled.

Board of Review:
March: Notices of assessment increases are mailed to the taxpayer at least 10 days prior to the first meeting of the board of review in March(MCL 211.24c). Notice of the date, time and place of the board of review is published in a generally circulated newspaper at least one week prior to the first meeting and shall appear in three successive issues. If no newspaper is available, then the notice is posted in five conspicuous places in the township (MCL 211.29).

July and December: The meeting is posted in accordance with the notice requirements in the Open Meetings Act for either a regular or special meeting, depending on when it is scheduled.

Budget Public Hearing:
In a general law township, notice of the budget hearing stating the time and place of the hearing and the place where a copy of the budget is available for public inspection must be printed in a newspaper of general circulation at least six days prior to the hearing (MCL 141.412).

A charter township must publish this notice at least seven days prior to the hearing (MCL 42.26).

The budget hearing notice shall state in 11-point boldface type: "The property tax millage rate proposed to be levied to support the proposed budget will be a subject of this hearing."

Elections:
Two notices of the days and hours the clerk will be available to receive registrations must be published in a newspaper. The first notice must be published not less than 10 days prior to the last day to receive registrations (MCL 168.498).

Two notices of elections must be published in a newspaper. The first notice must be published not less than 10 days prior to the election. Statutory language for this notice is contained in MCL 168.653a.

Special Assessments:
Regardless of the statute authorizing the special assessment district, all property owners must receive notice of all special assessment public hearings, sent by first class mail, at least 10 days prior to the hearing (MCL 211.741).

Special assessment hearings are an agenda item at either a regular or special township board meeting, and therefore the meeting must comply with the Open Meetings Act notice requirements for either a regular or special meeting.

A special assessment district created pursuant to the Public Improvements Act, Public Act 188 of 1954 (MCL 41.721, et seq.) requires two notices be published prior to a public hearing. The first notice must be published at least 10 days before the hearing. Railroads to be specially assessed must also be notified. Notices should indicate the date, time and location of the hearing, advise that plans and cost estimates are on file and available for public inspection and contain a description of the district (MCL 41.72a).

All notices for any public hearing held in the special assessment process must now also include a statement notifying the property owner of the right to appeal a special assessment levy to the Michigan Tax Tribunal. The notice must indicate that a property owner may appeal the assessment levy only if an appearance is made at the hearing at which the roll is confirmed. An appearance can be made in person or by mail and can be made by an agent for the property owner (MCL 211.741).

Within 30 days after the confirmation hearing, a notice must be mailed indicating the amount of the assessment and the right to appeal. While this state law as it currently stands is somewhat ambiguous, it is MTA's opinion that this notice must be mailed only to those individuals who have preserved their right to appeal by protesting their assessment at the roll confirmation hearing (MCL 211.746).

Zoning Notices:
Refer to the Michigan Zoning Enabling Act (MCL 125.3101, et seq.) and MTA's resource packets, The 2006 Michigan Zoning Enabling Act for General Law or Charter Townships, for notice requirements for zoning actions.

General Ordinance Adoption:
All ordinances and ordinance amendments must be published in a newspaper within 30 days after adoption. The ordinance must be published in its entirety or may be published in a summary form. If a summary form is used, each section shall be preceded by a catch line, and the notice shall indicate a township location where a true copy can be inspected or obtained (MCL 41.184; MCL 42.22).

Within one week after publication, the ordinance shall be recorded in a book of ordinances, indicating how each board member voted and including a certificate stating the publication date(s) and name of newspaper where published (MCL 41.18).