Title
Closed Session Request- Trial and Settlement Strategy
Body
Agenda of: December 19, 2019
Item No.: 2019-457
Amount: N/A
TO: The Honorable
Board of Directors
Great Lakes Water Authority
Legal Committee
FROM: Randal M. Brown, General Counsel
DATE: December 16, 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 legal counsel, in closed session, pursuant to Section 8(e) of the Michigan Open Meetings Act to discuss pending litigation in the matters of:
a. GLWA v Daniels-Karim Investments, LLC; Storage Operations LLC; David Lanciault and Wayne County Treasurer
b. GLWA v Storage Operations LLC; David Lanciault; Darling & Company; State of Michigan, Department of Natural Resources; Wayne County Treasurer; City of Detroit; DTE Electric Company; and United States Department of Treasury, Internal Revenue Service
c. GLWA v Reliable Resource Automotive LLC; Joseph Letourneau or his unknown heir, devisees, legatees and assigns
d. GLWA v Red Cap Distribution Center, Inc.; Red Cap Transportation, Inc. and C2 Transport, Inc.
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(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.” The General Counsel believes a discussion of these pending litigation matters would have a detrimental financial effect on GLWA’s litigation and settlement position.
BUDGET IMPACT
This request for a Closed Session meeting does not impact the GLWA’s budget.
COMMITTEE REVIEW
N/A
SHARED SERVICES IMPACT
This request for a Closed Session meeting does not impact the Shared Services Agreement.