Cass County commissioners vote to hold closed session on employee complaint after debate over union rep presence

The Cass County Board of Commissioners voted to meet in closed session to consider complaints brought against a county employee, after a contested amendment to exclude the union president failed and the board approved a motion to include the accused and union representation.

The board met in regular session and approved a revised agenda that removed a new-business item (M1132025) and moved it to after the closed session. Chair Jones moved the closed-session motion, saying, "I move to go into closed session pursuant to MCR 15.2681 to discuss complaints brought against the county employee who has already requested that this discussion take place in closed session. I further moved to include the accused, the entire Board of Commissioners, the Clerk, the Treasurer, HR Director Daley and the President of the Union for Cass County CCIEA. I so move." The motion was supported, and the board proceeded to debate whether to remove the union representative from the invited list.

Commissioner Grice moved to amend the motion to remove the union president from the closed session. That amendment was defeated in a roll call vote, with five commissioners voting no and three voting yes. After the failed amendment the board held a roll call vote and approved going into closed session.

County Prosecutor (unnamed) advised the board on the legal framework for closed sessions, citing the Open Meetings Act and warning of potential criminal liability for violations: "if a public official intentionally violates the Open Meetings Act, they can be found guilty of a misdemeanor, and be personally liable," and noting that the accused has the right to request that the discussion take place in closed session and typically has a right to be present. The prosecutor also referenced previous consultations with the attorney general on closed-session practice and the need to "conduct this properly."

Votes and motions recorded in the meeting included: the removal of new-business item M1132025 from the agenda (placed after the closed session as requested), approval of the revised agenda by voice vote, a roll-call defeat of the amendment to exclude the union president (5 no, 3 yes), and a roll-call approval to enter closed session with the invited participants as stated in the motion.

The board then recessed into closed session. The agenda item moved for consideration after the closed session (M1132025) was left on the revised docket and the clerk recorded the roll call and votes.

Why it matters: closed sessions about employee complaints are governed by state law and court rules; who is permitted to attend (including union representatives or the accused) affects procedural fairness, potential legal exposure under the Open Meetings Act, and subsequent personnel or disciplinary outcomes.

The board record shows the motion to include the accused and the union president carried; the amendment to exclude the union president failed. The meeting transcript does not record further public details of the complaint or any final personnel action in open session.