Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-05-19
OPEN UP THE DOORS
The City Attorney Adds His
Studied Opinion
AGAINST SECRET SESSIONS
OF the Police and Fire Commissioners
He Cites the Law and Adds His Con-
elssions-No Defence sor II.

Bender on the "secret sessions" OF the
board OF police aud IRE commissioner
and published in yesterdays HERALD
have attracted vide and favorable CON-
ment. Everyone familiar with the
facts in the case aud interested ia the
conduct OF the police and IRE depart
nen:s espresso himself ~ IN hearty ac-
cord with Mr.. Bender's comments.
The members Of she board nov make
the claim that they are legally cmpow-
cred by the city charter to hold execu-
tive seasons as often ~ they please.
anu that they have been following out
only the provisions Of the charter by so
doing. One OF the best lawyers in this
city says "that the board has con-
founded the terms law and custom.
aud that IT 10 continually srrogating TO
itself powers which do not belong TO u.
and Is overriding the rights of the pub,
lsc IN holding executive sessions.
Opinten Of the City Asterpey.
City Attorney Taylor yesterday made
4 very thorough examination OF the
act. found on pages 20l-2il OF the re.
vised charter of the city Of Grand Rap
ids, entitled an act % establish board
Of police and fire commissioners in the
city of Grand Rapids and 10 prescribe
their powers and duties. as amended
June 3, 1885, and May 6, 1891. I'm no
section or provision OF this act" said
the city attorney. "can lind anything
which would in the rcmotest way init
mate that the right or authority to hold
secret or executive sessions is vested III
the board Of police and fire comnis-
sioners. CT anything that could in any
way be 90 construed. The act very
plainly defines the powers Of the board.
The fire: six sections of the act contain
the usual remarks on the formation OF
the board and its relation to the coun.
ell. Section Z esys that the board shall
organize by electng one OF their num-
Der to he president If said board and
appointing pereon "a be secretary.
and fixing his salary. The act gives
them no authority TO make rules as to
how their sessions shall be conducted.
The commissioners are to take the
usual oath Of Office prescribed by the
charter for city officers, after which,
says section Z. they shall have all the
powers and authority conferred upon
them by this act
10Stf FoWo6vsU&UOoos
Then the act goes on to define these
powers. The section also says: And
they shall holc such regular and spe-
clal meetings ~ they may from time to
time provide; and shall cause full and
accurate reports of the same, and of
all business transacted by the hoard, to
be kept by tho secretary. This is tho
only remark on meetings OF tho hoard
to be found in the act. Iii explicit.
and gives the board no authority to
hold secret sessions. In section IL. on
the police department, the act eAys.
The board shall have power, and it
shall bc their duty. to make all such
rules and regulations for the govern
mrnt and discipline of said police de-
partment ~ they may deem best calcn-
lated to secure thorougness and Ell
ciency.' But this does not delegate to
the board itself. arbitrary powers, or
any powers other than th0ee usually
governing ordinary municipal boards.
The board may make rules aud rcgula-
tons for the government OF the fire
and police departments but the hoard
itself must govern itself entirely Ivy
the act which gave 1t birth.
Abandoned FEARS Ago.
.The idea of these so-called execu.
tive sessions" said the city attorney,
"became practically obsolete in this
city many years ago. l think 1t was
fully ten years ago that tho conncil
neld its last secret session. That body
had been in the habit of closing its
doors when certain matters such as
the consideration OF bids. and the like,
were to come under consideration.
But the council had no legal right to
do this. and finally. in Difference TO
public opinion, which was strongly
against tho custom, and was thorough
~ aroused, the practice was discon-
tinued and has never heen resumed.
The business trapsacted by these boards
is of vital interest TO the public. and
they have the best moral and legal
right in the world to hear it. am
positive that .he board of police and
fire commissioners has no more right
TO perpetuate the practice of holding
executive sessions than bad the coun-
oil -