By Derrick Kozicki
Recently, I attended the Michigan Association of Municipal Clerks’ Master Academy with the help of an MME scholarship. Topics included performance appraisals, leveraging your network, and managing gossip in the workplace.
The focus of one of the sessions was a legal update (not legal advice) on sexual harassment, marijuana laws, and FOIA. The presenters, Jennifer Starlin and Frederic Heidemann from Thrun Law Firm P.C.,described their presentation as “Sex, Drugs and FOIA.”
They provided several key takeaways from their presentation materials on the following issues:
- Sexual Harassment: Both federal and state law prohibit sexual harassment in the workplace. Unlawful harassment can include instances of quid pro quo and hostile work environment. Additionally, sexual harassment can be verbal, visual, and/or physical. Courts have ruled that same-sex harassment is prohibited by Title VII of the Civil Rights Act of 1964.
- Marihuana in the Workplace: The Michigan Regulation and Taxation of Marihuana Act, which took effect Dec. 6, 2019, allows persons 21+ to use marihuana and permits the retail sale of marihuana. The Act does not prevent an employer from taking adverse employment action against a person for violating a workplace drug policy or working under the influence of marihuana. Finally, employee drug testing is permissible with reasonable suspicion if permitted by policy or contract.
- FOIA: Requests delivered by hand or mail are considered received on the business day they arrive, however requests received electronically are considered received one business day after. A business day is Monday through Friday, whether or not the public body is open, and does not include State of Michigan holidays. The law now includes a provision that if a deposit is not received from the requester within 45 days from receipt, given certain circumstances (read the law), the request shall be considered abandoned and the public body is no longer required to fulfill the request.
The MME Professional Development Committee offers generous scholarships throughout the year for MME conferences, state and national conferences, leadership training institutes, and educational programming. Eligible candidates are approved on a first-come basis. For more information, visit mme.org or contact Julius Suchy, professional development chair, at jsuchy@spartami.org.
Derrick Kozicki, City Clerk & Assistant City Manager
Grosse Pointe Farms
Derrick Kozicki has been the city clerk and assistant city manager for the city of Grosse Pointe Farms since 2013, Previously, he served as assistant to the city manager for the city of Rochester and management assistant for the city of Ypsilanti.