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151520 - Shannon Bitterman v Cheryl D Bolf

Shannon Bitterman,
Philip L. Ellison
Robin Luce Hermann
(Appeal from Ct of Appeals)
(Saginaw – Kaczmarek, R.)
Cheryl D. Bolf,
Mary Massaron


Plaintiff Shannon Bitterman sued the Village of Oakley Clerk, Cheryl Bolf, under the Open Meetings Act.  Bitterman alleged that Bolf violated the Open Meeting Act when she altered the minutes of a village council meeting after the minutes had been approved by the village council.  Section 13(1) of the Open Meetings Act states that a “public official who intentionally violates this act shall be personally liable in the civil action.”  MCL 15.273(1).  Bolf argued that she was not a “public official” within the meaning of the Open Meetings Act.  The circuit court agreed, and ruled in Bolf’s favor.  The Court of Appeals affirmed in an unpublished per curiam opinion.  Bitterman filed an application for leave to appeal to the Supreme Court.  On November 25, 2015, the Supreme Court ordered oral argument on the application, to consider how the term “public official” is defined under Section 13(1) of the Open Meetings Act.