CITY OF MUSKEGON
PROCEDURES FOR ELECTRONIC MEETINGS AND
ATTENDANCE BY MEMBERS REMOTELY
Public Act 228 of 2020 (the Act) amended Section 3 of the Open Meetings Act (OMA)
and added Section 3a to the OMA to permit, in certain circumstances, public bodies to
meet electronically and to permit members of those public bodies to participate in, and
vote on, business before the public body remotely.
The Act requires the public body, as defined in Section 2(a) of the OMA, being the City
Commission, including all boards, commissions, committees, subcommittees, or
authorities of the City of Muskegon, to establish procedures to ensure compliance with
the requirements of the Act related to electronic meetings.
The City Commission establishes the following electronic meeting procedures for itself
and all of the public bodies of the City to comply with this statutory requirement.
Circumstances Permitting Electronic Meetings and/or Remote Participation by
Electronic meetings of City of Muskegon public bodies, in whole or in part, and/or
attendance by members of those public bodies remotely may be permitted under any of
the following circumstances:
a. Before January 1, 2021, for any circumstances.
b. On and after January 1, 2021 through December 31, 2021, only for one of
i. Military service.
ii. A medical condition.
(1) Medical condition means an illness, injury, disability, or other
health-related condition, including recommended quarantine.
iii. A statewide or local state of emergency or state of disaster
declared pursuant to law or charter by the governor or a local
official or local governing body that would risk the personal health
or safety of members of the public or the public body if the meeting
were held in person, but only to permit the following:
(1) To permit the electronic attendance of a member of the
public body who resides in the affected area.
(2) To permit the electronic meeting of a public body that usually
holds its meetings in the affected area.
c. After December 31, 2021 only in the circumstances requiring
accommodation of members absent due to military duty.
Meetings held Electronically
The City of Muskegon will utilize electronic video and/or audio services or
equipment that ensures 2-way communication so that during the electronic
meeting members of the public body can hear and be heard by other
members of the public body and so that participants in the electronic
meeting can hear members of the public body and can be heard by
members of the public body and other participants during the public
i. Members of the general public will not be excluded from a
meeting otherwise open to the public except for a breach of the
peace actually committed at the meeting.
ii. Members of the general public otherwise participating in a
meeting of a public body held electronically under this policy are
to be excluded from participation in a closed session of the public
body held electronically during that meeting if the closed session
is convened and held in compliance with the requirements of the
OMA applicable to a closed session.
i. Any meeting to be held electronically shall be preceded by a notice
posted at least 18 hours before the meeting on the City’s website
that is fully accessible to the public. The notice shall be posted on
the homepage of the website or on a separate webpage dedicated
to public notices for non-regularly scheduled or electronic public
ii. The notice of the electronic meeting shall include all of the
(1) Why the public body is meeting electronically.
(2) How members of the public may participate in the
meeting electronically, including the Internet address to
view the meeting along with instructions on how to
participate in public comment.
(3) How members of the public may contact members of the
public body to provide input or ask questions on any
business that will come before the public body at the
(4) How persons with disabilities may participate in the
If an agenda exists for an electronic meeting, the agenda for that meeting
shall be made available to the public at least twelve hours before the
electronic meeting begins by posting the agenda on the portion of the
City’s website that is fully accessible to the public. Posting of the agenda,
however, shall not prohibit subsequent amendment of the agenda at the
d. Identification of the Public
The City of Muskegon shall not, as a condition of participating in an
electronic meeting, require a person to register or otherwise provide
his or her name or other information or otherwise to fulfill a condition
precedent to attendance at the meeting. However, the City of
Muskegon may require a person to identify themselves as may be
necessary to permit the person to participate in the public comment
period of the meeting.
Remote Participation by Members of the Public Body
i. When a member of a public body is physically absent from a
meeting, but attends the meeting remotely as permitted by this
policy, the City of Muskegon shall utilize electronic video and/or
audio services or equipment that ensures 2-way communication so
that during the meeting the member can hear and be heard by
other members of the public body and so that participants in the
meeting can hear and be heard by the member.
ii. For each member of a public body attending the meeting remotely,
that member shall announce at the beginning of the meeting that
he or she is attending the meeting remotely and shall, except when
his or her absence is due to military duty, announce the member’s
physical location by stating the county, city, township, or village and
the state from which he or she is attending the meeting remotely.
These announcements must be included in the minutes of the
i. When a member of a public body will be physically absent from a
meeting, but will be attending the meeting remotely, the City of
Muskegon shall post at least 18 hours before the meeting on the
City’s homepage or website dedicated to public notices for non-
regularly scheduled or electronic public meetings a notice that the
member of the public body will be attending the meeting remotely.
ii. The notice shall include e-mail information about how to contact the
member of the public body who will be attending the meeting
remotely, so that all members of the public may contact the
member to provide input or ask questions on any business that will
come before the public body at the meeting.