Title
Closed Session Request - Security Issues
Body
Agenda of: October 25, 2017
Item No.: 2017- 427
Amount: N/A
TO: The Honorable
Board of Directors
Great Lakes Water Authority
FROM: William M. Wolfson
Chief Administrative and Compliance Officer
Great Lakes Water Authority
DATE: October 19, 2017
RE: Closed Session Request - Security Issues
MOTION
Upon recommendation and opinion of William M. Wolfson, Chief Administrative and Compliance Officer, the Board of Directors (Board) of the Great Lakes Water Authority (GLWA):
1) Agrees to meet with GLWA staff representatives and legal counsel, in closed session, pursuant to Section 8(c) 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)(y) exempts from disclosure, “Records or information of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act, chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z, emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance.”
Pursuant to this provisions of the Open Meetings Act and the Freedom of Information Act quoted above and in order to preserve GLWA’s ability to protect the security and safety of persons or property, staff 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 presented directly to the GLWA Board of Directors.