BERRIEN COUNTY OFFICIALS COULD DECLARE A STATE OF EMERGENCY IF THE STATE DOESN’T EXTEND AMENDMENT TO OPEN MEETINGS ACT

By DEBRA HAIGHT
BCR Correspondent

ST. JOSEPH – Berrien County officials might take matters in their own hands if state leaders don’t act to allow virtual remote meetings past March 31. A bill to amend the Open Meetings Act to allow virtual remote meetings until June 30 has been introduced in the Michigan State Senate but has not advanced.

Last week, Berrien County Commissioners announced their intention to declare a State of Emergency in the county to allow local boards and commissions to hold virtual remote meetings through the end of June.

A resolution to do just that is expected to be taken up at the board’s March 25 meeting. The county board meetings begin at 10:30 a.m. Thursdays and can be seen on the county’s YouTube channel.

“The Board recognizes that the current Michigan Department of Health and Human Services orders limit the number of attendees in a meeting to 25, while maintaining social distancing of 6 feet,” a county press release stated.

“The current amendment to the Open Meetings Act (OMA) that allows for virtual meetings will expire March 31, 2021.  Given the number of people allowed in a meeting, the twelve members of the Board of Commissioners recognize that they cannot limit the public and yet the order restricts the number of attendees to 25.”

County Board Chairman Mac Elliott and other commissioners said they recognize that many boards, councils, and organizations are facing the same challenge that the county board itself faces.

In declaring a local state of emergency to maintain continuity of government by the County, it will include the ability for all public bodies within Berrien County to meet virtually, consistent with the OMA provisions, without further action on their part. The resolution will authorize the state of emergency through June 30, 2021.

At any time that state legislators take action at the state level to create allowances for public bodies to meet and / or if the number of allowed people in a room expands to an adequate level, the Berrien County Board of Commissioners will rescind the state of emergency, the release concluded.

Earlier this month, commissioners approved a resolution in support of the senate bill allowing local boards to still hold virtual remote meetings under the Open Meeting Act to June 30, but County Administrator Brian Dissette said he hasn’t seen any response come back to the county.

“I did follow up with Sen. Kim LaSata’s office,” he reported. “The bill does not appear to have momentum to be taken up and approved before the end of the month.”

“We’re quickly approaching a problem,” he said. “If the Open Meetings Act is not amended, today’s style of virtual meeting becomes invalidated. The problem is if we meet in person and more than 25 people are in attendance, we’re in violation of state orders.”

“It’s a problem for the county, for local boards and for school boards,” he added. “There is no good way for them to host a meeting and have complete assurance that they are not violating the Open Meetings Act or the MDHHS order.”

Elliott noted that besides the state only allowing gatherings of 25 people, there’s also the problem of having six feet social distancing between people.  “If do open up, we have to come up with some sort of a technological audio bridge that works in two directions between the public and board members,” he said.

“The inability of government to function as it is envisioned under the law would constitute a state of emergency in my opinion such that if legislators and the governor can’t get together and make peace, we will declare state of emergency for Berrien County,” he added. “Everything would be covered by it so they can continue virtually.”

“It’s really unfortunate that we are put in the position that we have to invoke emergency powers so we can meet, but that’s where we are now,” he added. “We want to make sure that all these boards and bodies can continue to meet un-interrupted. We will do a county state of emergency to continue full operation of bodies. not because of a flood or tornado or anything else.”

While Commissioner Julie Wuerfel suggested having the state of emergency last 60 rather than 90 days and suggested the county board could meet outdoors, other commissioners disagreed. They said it’s not just about the county board but all local boards in the county. They added that the state of emergency can be canceled if it is no longer needed.

Also last week, commissioners passed a resolution opposing a Biden administration proposed rule change that could have detrimental effects on the county and the region. The federal Office of Management and Budget wants to redefine what constitutes a metropolitan statistical area.

Currently, the Benton Harbor-Niles area is considered to be one and meets the rule of an area with at least 50,000 people. The proposed new rule would change the threshold to be considered a MSA to a 100,000 population in 2023.

Berrien County Community Development Director Dan Fette and Al Pscholka of Kinexus told commissioners that the change would have a detrimental effect on the county and the region with a loss of federal funds and the hindering of economic development opportunities. The move is also be opposed by U.S. Rep. Fred Upton.

Pscholka, who is a former state representative, said the OMB’s move is “a slap in the face to rural communities and small towns.” “There’s not a good reason for the federal government to do this and it’s one of those things that is hard to undo after it’s done,” he said.

“This is a money grab by larger metropolitan areas,” he added. “We have top companies in our area that rely on data from the federal government for employee retention and attraction, it doesn’t make sense.”

He and Fette said the biggest loss will be in the loss of up to date statistical data that area community and economic development leaders use when they’re applying for grants and working to attract new companies. The OMB is proposing eliminating six of 12 MSAs in Michigan

Also last week, commissioners approved hiring the Abonmarche engineering firm to help run the road department through late June. The county parted ways with former road department director Jason Latham earlier this month and hired retired Niles Public Works director Neil Coulston to head the department on an interim basis.

Commissioner Jim Curran said Coulston doesn’t plan to stay on too long and that Chris Cook of Abonmarche will take the lead in running the department. The county will pay Abonmarche $19,360 a month through June 25.