St. Clair County health advisory meeting adjourns for lack of quorum as residents raise Open Meetings Act concerns

The St. Clair County Health Advisory Board adjourned its formal session after the chair said the panel lacked a quorum and continued the gathering informally to hear public comment, during which residents raised potential violations of the Michigan Open Meetings Act and urged action on clinic closures.

The chair announced, "At this time, we do not, as you can see, have a quorum, and so we will be adjourning the meeting," then said the group would continue informally and could not take formal action. The informal session allowed public comment but, as several speakers noted, precluded motions or votes.

Carol Miller, a resident who addressed the board during the informal session, said she observed board member Mr. Watkins take a notepad belonging to long-serving board member Ms. Mueller and write on it while discussion was underway. Miller said Ms. Mueller later showed her the note, which Miller described as saying, "Time may run out" with three exclamation points.

Miller cited state law in urging the board to consider the legal implications. "All decisions of a public body must be made openly," she said, referencing the Michigan Open Meetings Act and warning that secret notes and private communications about matters under discussion can amount to prohibited secret deliberations. Miller also said the notepad "qualifies as a public record" under the state Freedom of Information Act and said she intends to seek it.

Miller detailed statutory citations during her remarks, naming MCL 15.262 and noting the attorney general opinion she said prohibits secret deliberations; she also referenced MCL 15.272 and MCL 15.273, which she said provide civil fines and misdemeanor penalties for intentional violations.

Board members and others debated whether writing brief notes during a session without a quorum constitutes prohibited deliberation. Adam Sherman, who identified himself as having served as a township supervisor and as a county commissioner, warned the group to be cautious: "Once you do not have a quorum, you better be very limited in what you talk about," he said, arguing that extended discussion without a quorum risks violating the Open Meetings Act.

Ms. Mueller — identified during the meeting as a board member of 27 years — responded that writing notes to track items for later response is common practice. "You can write notes," she said, and said she had shown the short message to Miller after the meeting. Another board member said making bullet points at the dais is appropriate to respond to public comments during the round table.

Other public commenters focused on board absenteeism and public-health impacts. Multiple speakers said absent members prevented official business from being transacted and raised concerns about clinic closures affecting children, including an unconfirmed report mentioned in public comment that the Port Huron health clinic might close. One commenter urged greater accountability in appointments and reappointments for board members who do not attend meetings.

Commissioner Rushton told one commenter that filing a complaint is an available option and criticized remarks delivered in the informal session as inappropriate. At points, speakers argued about whether the remarks themselves — including strong language about "character assassination" used by one commenter — were productive in the absence of a full board.

Meeting materials included a packet staff said contains a fluoride FAQ; a staff member told the group the FAQ went through multiple drafts and that "Doctor Nevin has, I believe, signed off on approval of that at this point." Several members raised points of order during the session and some presenters said they would defer formal updates until a future meeting with a quorum.

No formal votes or actions on agenda items were taken because the meeting lacked a quorum. The group adjourned the formal session and continued for informal public comment only; the chair and staff indicated outstanding items would be carried to a future meeting when a quorum is present.

The public commenter who raised the note and legal concerns said she will pursue the notepad under the Freedom of Information Act. The date for the next formal meeting was not determined during the session; staff said only that there "might be a meeting next month."