Please note that I’ve referred to the Local Historic Districts Act (MCL 399.201, et seq) as the LHDA, the Clarkston ordinance (152.01, et seq of the Clarkston Code of Ordinances) as the Clarkston Ordinance, and the HDC charter proposal as the Charter Proposal.
Discussion:
LHDA, MCL 399.205(8) – The HDC is required to keep copies of its resolutions, proceedings, and actions, and HDC records are subject to the Freedom of Information Act.
Clarkston Ordinance, 152.07(I) – Same as the LHDA.
Charter Proposal – This section adds to the requirements of the LHDA and the Clarkston Ordinance. It defines what HDC records must be preserved as all records of HDC business, including Certificates of Appropriateness, Notices to Proceed, Denials, minutes, draft minutes, notices of meetings, written communications to and from the commission or its members and agents regarding commission business (including electronic communications and social media postings), reports and proposals to the city council, records of commission action, papers filed by any person in an action in the State Historic Preservation Office (SHPO) and/or in court, and personal notes (but only if the notes concern commission matters and are taken in the performance of the commissioner’s official duties). Commission records must be provided to the city clerk who will maintain them at the city’s offices.
Notes:
Section 399.811 of the Michigan History Center Act and MCL 750.491 of the Michigan Penal Code govern record retention. This section was added to the Charter Proposal because Michael Moon (HDC Commissioner and Secretary) advised the city council that commissioners regularly destroy records after a decision. He also refused to provide copies of HDC records to the city, telling the city council if the city wants copies of final decisions for its files, it should contact the Clarkston Independence District Library (CIDL) because the HDC prefers to send our city records there. The CIDL is an independent government entity with no legal responsibility for storing or retaining city records under Michigan law.
Paid for by Susan Bisio, P.O. Box 1303, Clarkston, MI 48347 with regulated funds.)