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File #: 2022-264    Version: 1 Name:
Type: Resolution Status: Passed
File created: 6/17/2022 In control: Board of Directors
On agenda: 6/22/2022 Final action: 6/22/2022
Title: Closed Session Request - Trial and Settlement Strategy
Sponsors: Randal Brown
Indexes: General Counsel

Title

Closed Session Request - Trial and Settlement Strategy

 

Body

Agenda of:                      June 22, 2022

Item No.:                     2022-264

Amount:                     N/A                                                                                                                                                                                             

 

TO:                                          The Honorable

Board of Directors

Great Lakes Water Authority

 

FROM:                     Randal M. Brown

General Counsel

 

DATE:                     June 17, 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 General Mill v GLWA; 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.