You may wonder why the big fuss over meeting minutes. In fact, according the Michigan Township Association, the importance of keeping accurate and complete minutes cannot be overstated. Minutes are the official record of the proceedings and are frequently referenced as the primary source of information and guidance regarding past actions of a governing body. In other words, if it isn't in the minutes, it didn't happen or, worse yet, if the approved minutes incorrectly state what happened, the incorrect version becomes the official record. Minutes may be referenced in the course of administering the ordinance, consulted in an effort to be consistent or in defense of litigation.

Minutes need not be verbatim, but should contain enough detail to reconstruct the meeting's events. Speakers should be identified, along with major issues raised during the discussion. Meeting may be taped to assist in developing minutes, but the tape is not a legal substitute for the written version. The Michigan Township Record Retention General Schedule number 10 requires audio and videotape recordings of a meeting of a public body to be retained until the writeen minutes of the meeting to which the tapes refer are approved.

Excerpts from "Taking Township Minutes"

by the Michigan Township Association

LINK: MTA Web site

Download: Taking Township Minutes (PDF)

Q. What information is required to be included in the minutes?

Minutes are basically a record of actions taken by the township board. They are not meant to be a word-for-word record of the meeting. The basic statutory requirements for minutes are outlined in the Open Meetings Act (OMA), Public Act 267 of 1976 (MCL 15.261, et seq.).

“Each public body shall keep minutes of each meeting showing the date, time, place, members present, members absent, any decisions made at a meeting open to the public, and the purpose or purposes for which a closed session is held. The minutes shall include all roll call votes taken at the meeting. The public body shall make any corrections in the minutes at the next meeting after the meeting to which the minutes refer. The public body shall make corrected minutes available at or before the next subsequent meeting after correction. The corrected minutes shall show both the original entry and the correction.” (MCL 15.269)

Information over and above the requirements of the OMA and other statutes may be added at the discretion of the township clerk and the township board when the board makes any additions or corrections to the minutes when they are adopted a the subsequent meeting. The clerk is responsible for the minutes and can determine the style he or she will follow. (MCL 41.66)

According to MTA Legal Counsel, “[Meeting] minutes must, at a minimum, indicate the body which is meeting (e.g. township board, zoning board of appeals, planning commission, etc.); the date, time and location of the meeting; motions and resolutions made, supported and results of the motion; and any action taken by the body which is not specifically indicated in motions or resolutions. When a public body conducts a public hearing (always within a public meeting), the minutes should include the comments and arguments of those promoting or opposing a particular matter which is the subject of the public hearing and the fact that an opportunity to be heard was given to those present.”

One example of this is a hearing held to confirm a special assessment roll. MCL 41.726 requires a person objecting to the roll to file his or her objection in writing with the township clerk , but it is also important for the township to record in the minutes who appeared to protest so the township can demonstrate at any State Tax Commission proceedings that it provided the person an opportunity to be heard. Another example is noting in the March Board of Review meeting minutes when a taxpayer has appeared to appeal his or her assessment.

Also according to MTA Legal Counsel, “Although the minutes do not have to include a verbatim recitation of all statements made at the meeting, a record of the topics or issues addressed during a meeting and any motions made (whether carried or not) provides a complete description of the proceedings of the meeting. We also note that if the township board has adopted a policy of following the provisions of Robert’s Rules of Order, it requires the recordation of all motions (whether passed or not) in the meeting minutes. Finally, we note that an accurate record of all motions offered, and their disposition, can avoid future disagreements or questions concerning those motions.”

Tip: Boards should adopt the habit of writing motions down before voting on them. This ensures that the board members all know what the motion says when they are voting, and it gives the clerk an accurate record of the motion for the minutes. The extra minute taken to clarify the motion will save hours of discussion on confusing votes later.

Q How should township board minutes be corrected?

All board members must have an opportunity to review minutes before voting to approve them--and each board member should take this responsibility to review and approve the minutes seriously.

Any board member may propose corrections to the minutes, but the township board must vote to approve them. The corrections can correct typographic errors and add omitted information, but they cannot change the results of, amend or “undo” actions taken by the township board.

The corrected minutes must show both the original language of the proposed minutes submitted to the township board for approval and the final, corrected language of those minutes as proposed by the township board.

The minutes may be corrected in handwriting by inserting new text in the original minutes with a “^” and drawing a line through deleted text, as long as it is still visible. If the minutes are produced on a computer or typewriter, the corrections should be shown using ALL CAPS for added text and strikethrough for deleted text.

Q As clerk, I tape record our board meetings. Do we have to keep all the tapes?

If the tape was made for the purpose of transcribing the official minutes of the meeting, the tape must be retained until the minutes of that meeting are approved. At that time, the tape may be erased, taped over or destroyed, unless a Freedom of Information Act (FOIA), Public Act 442 of 1976 (MCL 15.231, et seq.) request has been received for a copy of the tape. Recordings made for the purpose of transcribing the official minutes are subject to disclosure under the FOIA. Recordings made by board members or the public for a purpose other than transcribing the official minutes are not subject to FOIA disclosure. Once the FOIA request has been completed, the tape may be destroyed.

The exception to this rule is when a tape is made of a closed session held during a public meeting. Although it is questionable whether it is appropriate to make a tape of a closed session (since the minutes of a closed session are limited to the time closed session begins and ends, a list of who is present, and the purpose of the session), if a tape is made, it must be sealed with the minutes of the closed session and retained for one year and a day after the meeting at which the minutes are approved. After that it may be destroyed, along with the closed session minutes.

Excerpted from the Michigan Township Association Web site

http://www.michigantownships.org/minutes.asp

Download PDF: MTA publication "Taking Township Minutes" June 2006