As promised, we're keeping an eye on Mayor Heartwell's reorganization of the City Commission committee structure. We now find, to no great surprise, that this reorganization is being used by the mayor and the commissioners to decide matters in secret. That is a violation of the state's Open Meetings Act, which requires the deliberations and decisions of public bodies to be conducted in the open. The purpose of this sunshine law is to prevent our politicians from striking backroom deals and then presenting them to the public as a fiat accompli (while hiding all the secret bargains that had been made).
Before Heartwell's reorganization, the City Commission met every Tuesday morning before the public and on t.v. as the Committee of the Whole where they would deliberate and decide upon that week's agenda. Occasionally this session would then be closed to the public to discuss an pre-announced topic (such as lawsuits, employee reviews, and a few other matters specifically exempt from the Open Meetings Act). Then the City Commission would meet again later in the day to conduct hearings, formally approve the agenda sorted out by the Committee of the Whole, and solicit comments from the public.
Now Heartwell has broken up the City Commission into three-member standing committees on various topics. The limit of three members is crucial to circumventing the Open Meetings Act, which applies whenever a quorum of a public body is together. In the case of the City Commission, the magic number is four. (However, it remains an open question with these standing committees are themselves distinct public bodies subject to the Open Meetings Act.)
Since Heartwell's standing committees have taken on behind closed doors the deliberation and decision-making that the Committee of the Whole had previously done publicly, the rationale for that committee is rapidly disappearing. In fact, there was no telecast of the Committee of the Whole this Tuesday, because all decisions for the week had already been made. Citizens have started complaining about the new secrecy.
Heartwell stands firm behind the new arrangement. He is adamant that decision-making burden of the Committee of the Whole had to be lightened. How this "burden" on the commissioners is any different whether meeting as the Committee of the Whole in public or as standing committees behind closed doors is unclear, except that latter has more opportunities for mischief than the former.
And that is what Commissioner Rick Tormala claims. He says the commissioners have been discussing a lot things in these standing committees behind closed doors that they shouldn't be. He also revealed to the Grand Rapids Press that Heartwell is now convening a separate series of "secret" meetings with other commissioners and the city manager.
People, it's simple. Corruption can't stand the light. It is very difficult for it to take root when our government must conduct its business in the open. Mayor Heartwell has put in place a mechanism that will put more and more of that business behind closed doors. Tell Heartwell and your commissioners, "NO!" Get rid of the standing committees and the secret meetings. Meet in the open or not at all.
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