Legislative Advocacy
Governor Signs Open Meetings Update: On Friday, October 16, Governor Whitmer signed into law Senate Bill 1108 (Theis), which addresses the ongoing question of remote participation in public meetings. Under the new law, now Public Act 228 of 2020, the following rules hold for public meetings:
- The act makes clear that it covers hybrid meetings where participation may be both online and in person, as well as totally virtual meetings.
- The allowance for virtual meetings is retroactive to March 18, 2020 and continues through the end of this calendar year.
- Beginning January 1, 2021, a board may only make virtual accommodations for a board member who cannot attend due to military service or medical condition or may hold a virtual meeting if there is a declared state or local state of emergency where holding the meeting in person would risk the health or safety of board members.
- Beginning January 1, 2022, the act only allows military members of a board to participate remotely.
- For each member of the public body attending a meeting remotely, a public announcement that the member is attending the meeting remotely. If the remote attending is for a purpose other than for military duty, the member's announcement must identify the member's physical location from which he or she is attending the meeting remotely.
Agreement Reached on COVID-19 Liability Protection Bills: Also this week, the Legislature and Governor reached agreement on a package of bills that would provide limited liability protection from lawsuits arising from COVID-19. House Bills 6030 – 6032 state that anyone who is following all federal or state laws, local rules or regulations, executive orders, or public health guidance would not be liable for an employee's exposure to COVID-19. This protection would be retroactive to March 1, 2020.
Additionally, the legislation creates new procedures for workers. Under the proposed law, employees who have tested positive for COVID-19, or those who have been exposed to the virus, are prohibited from returning to work until certain conditions are met. Employers are also prohibited from retaliating against workers who miss time due to COVID-19. This package of bills was pushed strongly by the business community, but the extended protections would apply to school districts and their employees as well. The bills are now headed to the Governor's desk.
MIOSHA Issues Emergency Rules: On Wednesday, October 14, the Michigan Occupational Safety and Health Administration (MIOSHA) issued a comprehensive set of Emergency Rules which clarify the safety requirements employers must follow to protect their employees, customers, and communities from COVID-19. For more information about MIOSHA’s safety and health guidelines, visit Michigan.gov/COVIDWorkplaceSafety. Employers and employees with questions regarding workplace safety and health may contact MIOSHA using the new hotline at 855-SAFE-C19 (855-723-3219).
HELPFUL LINKS
Michigan Legislature’s website (bill tracking and committee meetings)
Michigan House of Representatives
Community College Legal Authority (Michigan Constitution)
For the map of the community college districts, click here.