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File #: 2019-159    Version: 1 Name:
Type: Resolution Status: Passed
File created: 4/18/2019 In control: Legal Committee
On agenda: 4/24/2019 Final action: 4/24/2019
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:                      April 24, 2019

Item No.:                     2019-159

Amount:                     N/A                                                                                                                                                                                                                                       

 

TO:                                          The Honorable

Board of Directors

Great Lakes Water Authority

 

FROM:                     Randal M. Brown, General Counsel

                                          

DATE:                     April 18, 2019

 

RE:                     Closed Session Request -Trial 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 National Industrial Maintenance, Inc. v CoD and Great Lakes Water Authority and

 

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(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 Legal Committee.

SHARED SERVICES IMPACT

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