Title
Closed Session Request - Trial and Settlement Strategy
 
Body
Agenda of:                      May 25, 2022
Item No.:                     2022-195
Amount:                     N/A                                                                                                                                                                                             
 
TO:                                          The Honorable 
Board of Directors
Great Lakes Water Authority
 
FROM:                     Randal M. Brown
General Counsel
 
DATE:                     May 20, 2022
 
RE:                     Closed Session Request -Trial and Settlement Strategy
                                          
MOTION
 
Upon recommendation and opinion of Randal M. Brown, General Counsel, the Board of Directors for the Great Lakes Water Authority (GLWA):
 
1)                     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 GLWA v Highland Park; 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 Interim 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.”  
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 Board of Directors.
SHARED SERVICES IMPACT
This request for a Closed Session meeting does not impact the Shared Services Agreement.