Tape record a closed session?

I understand that our HOA must comply with the Michigan Open Meetings Act. The Open Meetings Act states that "The right of a person to attend a meeting of a public body includes the right to tape-record, to videotape, to broadcast live on radio, and to telecast live on television the proceedings of a public body at a public meeting."

Against the strong wishes of some board members, I tape record the general and board meetings because it helps me type the minutes of a meeting. Some board members are trying to make the board meeting next week a closed meeting (<< a topic for a different thread). If the meeting next week turn out to be a closed meeting, may I tape record the meeting? I cannot find an Attorney General opinion or other opinion about this. I very much would like to tape record the meeting next week.

Thank you!

HOA Secretary

The excerpt below is from the Open Meetings Act, and does indicate that minutes must be taken in a closed session. I don't know the term, executive session, but I think it is synonymous with closed session.

"Explanation of Minutes of Closed Meeting:

Minutes of closed meetings must also be recorded although they are not available for public inspection and would only be
disclosed if required by a civil action. These minutes may be destroyed one year and one day after approval of the minutes of
the regular meeting at which the closed session was approved."

Crystal,

Which "Open Meetings Act" are you quoting from? I think that you may find that it applies only to public agencies and not a private association such as an HOA.

What regulates conduct in an executive session will be your governing documents and any state law that refers to non-profit corporations in general.

So the provision for taking minutes and destroying them after a year may not be relevant in your situation.

Crystal,

You have a very special situation that makes your association uniquely different than most HOAs.

However, my advice about not worrying about the contents of the closed session still stands. The "closed session" specified in the Michigan Open Meeting Act is only for discussing issues. All decisions must be made in open session. (See Michigan Attorney General Opinion No. 6817, p. 190, September 14, 1994.)

This means that there will be nothing significant to record in the closed session. Most minutes don't include details of discussions anyway, and usually focus just on the decisions that were made at the meeting.

When the board votes and makes decisions it will be in open session and can be tape recorded and included in public minutes.

I am not a lawyer and this site can never be relied upon for legal advice.

That being said...

The discussion in closed session could have people presenting evidence and speculating why you may have stolen $10. All that would be confidential and prohibited from disclosure. When they vote in open session for a censure, the censure motion would have to state a reason, such as "stealing $10", but would not have to divulge the deliberations that led people to believe that the charge was true. A censure shouldn't be for an unspecified act, since that would be libelous.

Rebecca -
I've been perusing these posts for the past 2 hours and just signed on as a new member. Yours are fast becoming my favorite posts to read.
A) Because you too are in Michigan (so I look for responses that might better suit Michigan laws)
B) Because you too are a board secretary (so we face many of the same issues)
C) Because it appears your board is as obstinate and as obsesses by the titles bestowed on them as mine. (need I say more) :-)

Besides who was there and the opening and closing times of the ES meeting WHAT would be in the minutes? That board cannot pass motions in ES.

Perhaps attachments of presented material (i.e. bids, letters) or a list of those who were invited to give 'testimony'

Any motions coming out of that meeting need to be done in open session, at a regular or special called meeting.