Title
Closed Session Request - Pending Litigation - DWSD v HIGHLAND PARK, WCCC No. 14-001974-CK; GLWA V HIGHLAND PARK, WCCC No. 20-011589-CB
Body
Agenda of: January 25, 2023
Item No.: 2023-029
Amount: N/A
TO: The Honorable
Board of Directors
Great Lakes Water Authority
FROM: Suzanne R. Coffey, P.E.
Chief Executive Officer
Great Lakes Water Authority
DATE: January 23, 2023
RE: Closed Session Request - Pending Litigation - DWSD v HIGHLAND PARK, WCCC No. 14-001974-CK; GLWA V HIGHLAND PARK, WCCC No. 20-011589-CB
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) and (h) of the Michigan Open Meetings Act to discuss pending litigation in the matters of:
DWSD v HIGHLAND PARK, WCCC No. 14-001974-CK;
GLWA V HIGHLAND PARK, WCCC No. 20-011589-CB; 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(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." It is my opinion as GLWA counsel that a public discussion of this pending litigation would have a detrimental financial effect on the litigating or settlement position of the GLWA. Pursuant to this provision of the Open Meetings Act quoted above and this opinion, General Counsel requests ...
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