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File #: 2018-531    Version: 1 Name:
Type: Resolution Status: Passed
File created: 1/5/2018 In control: Board of Directors
On agenda: 1/10/2018 Final action: 1/10/2018
Title: Closed Session Discussion of Security and Integrity Operations
Sponsors: Randal Brown, W. Barnett Jones

 

Title

Closed Session Discussion of Security and Integrity Operations

 

Body

Agenda of:                      January 10, 2018

Item No.:                     2018- 531

Amount:                     N/A                                                                                                                                                                                                                                       

 

 

TO:                                          The Honorable

Board of Directors

Great Lakes Water Authority

 

FROM:                     Randal M. Brown, General Counsel

                                          W. Barnett Jones, Chief Security and Integrity Officer

                                          Great Lakes Water Authority

 

 

DATE:                     January 10, 2018

 

 

RE:                     Closed Session Request -Discussion of Security and Integrity Operations

 

                                          

MOTION

 

Upon recommendation and opinion of Randal M. Brown, General Counsel and W. Barnett Jones, Chief Security and Integrity Officer, the Board of Directors (Board) for the Great Lakes Water Authority (GLWA):

 

1)                     Agrees to meet with the General Counsel and the Chief Security and Integrity Officer, 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, 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(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.”

 

Pursuant to Section (1)(y) of Michigan Freedom of Information Act, MCL 15.243(1)(y), it is the opinion of the General Counsel and the Chief Security and Integrity Officer that a public discussion of “records or information of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act, chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z, emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies,” would impair a GLWA's ability to protect the security or safety of persons or property and the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance.  Pursuant to this provision of the Open Meetings Act and the Freedom of Information Act quoted above, the General Counsel and Chief Security and Integrity Officer request an opportunity to meet with you in closed session to discuss the Security and Integrity Operations.

 

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.

SHARED SERVICES IMPACT

This request for a Closed Session meeting does not impact the Shared Services Agreement.