Title
Closed Session Request- Attorney Client Communication and Settlement Strategy
Body
Agenda of: March 14, 2018
Item No.: 2018-672
Amount: N/A
TO: The Honorable
Board of Directors
Great Lakes Water Authority
FROM: Randal M. Brown, General Counsel
DATE: March 14, 2018
RE: Closed Session Request -Attorney Client Communication and Settlement Strategy
MOTION
Upon recommendation and opinion of Randal M. Brown, General Counsel, the Board of Directors (Board) for the Great Lakes Water Authority (GLWA):
1) Agrees to meet with the General Counsel, in closed session, pursuant to Section 8(h) of the Michigan Open Meetings Act to discuss to consider material exempt from discussion or disclosure by state or federal statute;
2) Agrees to meet with legal counsel, in closed session, pursuant to Section 8(e) of the Michigan Open Meetings Act to discuss pending litigation in the matter of Michigan Warehousing v City of Detroit; Michigan Warehousing v Great Lakes Water Authority; and Abbott, et al. v City of Detroit;
3) 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
4) 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(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." Further, 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 conn...
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