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File #: 2017-397    Version: 1 Name:
Type: Resolution Status: Passed
File created: 9/23/2017 In control: Board of Directors
On agenda: 9/27/2017 Final action: 9/27/2017
Title: Closed Session Request - Attorney-Client Communication

Title

Closed Session Request - Attorney-Client Communication

 

Body

Agenda of:                      September 27, 2017

Item No.:                     2017-397

Amount:                     N/A                                                                                                                                                                                             

 

 

TO:                                          The Honorable

Board of Directors

Great Lakes Water Authority

 

FROM:                     Randal Brown

General Counsel

                                          Great Lakes Water Authority

 

DATE:                     September 23, 2017

 

 

RE:                                          Closed Session Request - Attorney-Client Communication

                                          

                                          

MOTION

 

Upon recommendation and opinion of Randal Brown, General Counsel, The Board of Directors (Board) of the Great Lakes Water Authority (GLWA):

 

                     1)                     Agrees to meet with legal counsel, in closed session, pursuant to Section 8(h) of the Michigan Open Meetings Act which permits a Public Body to meet in Closed Session to “consider material exempt from discussion or disclosure by state or federal statute;"

 

                     2)                     Notes that an affirmative roll call vote of 2/3 of the Board Members appointed and serving is required for approval of this Motion; and

 

                      3)                     Authorizes the CEO to take such other action as may be necessary to accomplish the intent of this vote. 

 

BACKGROUND

 

Section 8(h) of the Michigan Open Meetings Act, MCL 15.268(h) allows a public body to meet in closed session: to "consider material exempt from discussion or disclosure by state or federal statute." Section 13(1)(g) of the Michigan Freedom of Information Act (MCL 15.243(1)(g) exempts from disclosure, “information or records subject to the attorney-client privilege.” 

 

Pursuant to this provision of the Open Meetings Act and the Freedom of Information Act quoted above, General Counsel requests an opportunity to meet with you in closed session.

 

 

JUSTIFICATION

 

Pursuant to provision of the Open Meetings Act and the Freedom of Information Act quoted above, General Counsel requests an opportunity to meet with you in closed session to discuss an attorney-client privileged communication.

 

BUDGET IMPACT

 

The proposed Closed Session does not impact the budget.

COMMITTEE REVIEW

 

This matter is being presented directly to the GLWA Board of Directors.