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The Michigan Supreme Court has left intact an appeals court ruling that said a former library executive director could proceed on her claim under the Whistleblowers’ Protection Act and amend her complaint to include allegations that her former employer violated the Open Meetings Act.

In Green v. Pontiac Pub. Library (MiLW 07-107766), Judge Michael F. Gadola reversed a grant of summary disposition in favor of the library and its board of trustees, pointing out that Devan Brie Green reported a suspected violation that had happened — and that was continuing.

“The statutory construction of the WPA urged by defendants and applied by the trial court would require a plaintiff to defer reporting a violation or suspected violation of law until the act is complete,” he wrote in the March 2024 published opinion. “Because plaintiff reported existing and ongoing conduct, the trial court erred by granting defendants summary disposition of plaintiff’s claim under the WPA.”

Employment terminated

Green was hired by the Pontiac Public Library in July 2009 and served as its executive director from January 2014 until June 2021.

In January 2021, representatives of Community Cuisine approached the library’s board of directors with a proposal to lease the library’s kitchen, outdoor pavilion and 10 parking spaces for a private venture to use the space for the sale of food to the public.

The board agreed to the deal and authorized the expenditure of $30,000 to purchase...

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