Schuette: Local Audit Not Subject to OMA

capitol3According to the Attorney General Bill Schuette’s opinion 7288, issued March 4, audits done of local governments to check for minimum assessing requirements are not subject to the state’s Open Meetings Act (OMA). The audits are held under the supervision of the State Tax Commission, and state law requires that all local assessing officials comply with and assist the commission in reviewing efforts to assess and levy property taxes.

The Attorney General, in his decision, stated that the auditor does not fall under the definition of a public body under the OMA, and the information gathered by the auditor does not constitute either a recommendation or a final decision on the local government’s assessing practices. In addition, the Court of Appeals has held that financial review teams, which the auditors could be considered, did not fall under the definition of a public body.

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