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File #: 2024-115    Version: 1 Name:
Type: Resolution Status: Passed
File created: 3/13/2024 In control: Board of Directors
On agenda: 3/21/2024 Final action: 3/21/2024
Title: Closed Session Request - Pending Litigation DWSD v HIGHLAND PARK, WCCC No. 14-001974-CK; GLWA V HIGHLAND PARK, WCCC No. 20-011589-CB
Sponsors: William Wolfson, David W. Jones
Indexes: General Counsel

Title

Closed Session Request - Pending Litigation

DWSD v HIGHLAND PARK, WCCC No. 14-001974-CK;

GLWA V HIGHLAND PARK, WCCC No. 20-011589-CB

 

Body

Agenda of:                      March 21, 2024

Item No.:                     2024-115

Amount:                     N/A                                                                                                                                                                        

 

TO:                                          The Honorable

Board of Directors

Great Lakes Water Authority

 

FROM:                     Suzanne R. Coffey, P.E.

                                          Chief Executive Officer

                                          Great Lakes Water Authority

 

DATE:                     March 13, 2024

 

RE:                     Closed Session Request - Pending Litigation

                     DWSD v HIGHLAND PARK, WCCC No. 14-001974-CK;

                     GLWA V HIGHLAND PARK, WCCC No. 20-011589-CB                     

                     

MOTION

 

Upon recommendation and opinion of William M. Wolfson, Chief Administrative and Compliance Officer, and David W. Jones, General Counsel, the Board of Directors (Board) for the Great Lakes Water Authority (GLWA):

 

1)                     Agrees to meet with legal counsel, in closed session, pursuant to Section 8(e) and (h) of the Michigan Open Meetings Act to discuss pending litigation in the matters of:

DWSD v HIGHLAND PARK, WCCC No. 14-001974-CK;

GLWA V HIGHLAND PARK, WCCC No. 20-011589-CB; and

 

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 Chief Executive Officer to take such other action as may be necessary to accomplish the intent of this vote. 

 

 

JUSTIFICATION

A meeting in closed session is requested to discuss the above referenced matter.   Section 8(e) of the Michigan Open Meetings Act, MCL 15.268(e) allows a public body to meet in closed session: “To consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation, but only if an open meeting would have a detrimental financial effect on the litigating or settlement position of the public body.”  It is my opinion as GLWA counsel that a public discussion of this pending litigation would have a detrimental financial effect on the litigating or settlement position of the GLWA.  Pursuant to this provision of the Open Meetings Act quoted above and this opinion, General Counsel requests an opportunity to meet with you in closed session.

 

BUDGET IMPACT

This request for a Closed Session meeting does not impact the GLWA’s budget.

COMMITTEE REVIEW

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

SHARED SERVICES IMPACT

This request for a Closed Session meeting does not impact the Shared Services Agreement between GLWA and DWSD.