Title
The Board of Water Commissioners vote to approve a meeting in closed session pursuant to Section 8(h) of the Michigan Open Meetings Act and Section 13(y) of the Freedom of Information Act.
Body
Agenda of September 21, 2022
Item No. 22-0927
Closed Session Request
TO: The Honorable
Board of Water Commissioners
City of Detroit, Michigan
FROM: Debra N. Pospiech, Esq., Chief General Counsel,
Detroit Water and Sewerage Department
RE: Request for Closed Session Pursuant to Section 8(h) of the Open Meetings Act and Section 13(y) of the Freedom of Information Act
MOTION
Upon the request of Chief General Counsel Debra N. Pospiech, Esq., the Board of Water Commissioners for the City of Detroit Water and Sewerage Department, by an affirmative roll call vote of 2/3 of the Board Members appointed and serving, hereby resolves to meet in closed session pursuant to Section 8(h) of the Michigan Open Meetings Act and Section 13(y) of the Freedom of Information Act, to hear information of measures designed to protect the security or safety of persons.
BACKGROUND
Section 8(h) of the Michigan Open Meetings Act (OMA) allows a public body to meet in closed session: “(h) To consider material exempt from discussion or disclosure by state or federal statute.” Under Michigan’s Freedom of Information Act (MCL 15.231 et seq.) certain matters and documents are exempt from disclosure; specifically, under Section 13(y), which states:
(y) Records or information of measures designed to protect the security or safety of persons or property, or the confidentiality, integrity, or availability of information systems, 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 . . . unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance.
The Board of Water Commissioners requested refresher Active Shooter training since it has returned to in-person meetings now that pandemic-related restrictions on public meetings have been lifted. This type of training falls within the parameters of Section 13 of the Freedom of Information Act and Section 8 of the Open Meetings Act.
Section 7 of the OMA requires an affirmative roll call vote of 2/3 of the Board Members appointed and serving to approve a closed session.
Respectfully Submitted,
Debra N. Pospiech
Debra N. Pospiech, Esq.
Chief General Counsel
Detroit Water and Sewerage Department