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File #: 2017-411    Version: 1 Name:
Type: Resolution Status: Passed
File created: 10/5/2017 In control: Board of Directors
On agenda: 10/25/2017 Final action: 10/25/2017
Title: Closed Session Request - Attorney-Client Communication Collective Bargaining Strategy

Title

Closed Session Request - Attorney-Client Communication Collective Bargaining Strategy

 

Body

Agenda of:                      October 25, 2017

Item No.:                     2017-411

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 5, 2017

 

 

RE:                                          Closed Session Request  -Attorney-Client Communication

                                          Collective Bargaining Strategy

                                          

 

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 managememnt representatives and legal counsel, in closed session, pursuant to Section 8(c) which permits a public body to meet in closed session for strategy and negotiation sessions related to a collective bargaining agreement and 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.” 

 

In addition, Section 8(c) of the Open Meetings Act, MCL 15.268 (c), allows a public body to meet in closed session to; “For strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement if either negotiating party requests a closed hearing.”  Management requests a closed session to discuss pending collective bargaining agreement strategy and negotiations.

 

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 presented directly to the GLWA Board of Directors.