Title
The Board of Water Commissioners for the City of Detroit, Water and Sewerage Department: Agrees to meet with legal counsel, in closed session, pursuant to Section 8(e) and Section 8(h) of the Michigan Open Meetings Act to discuss both ongoing litigation and an attorney-client privileged memorandum prepared by the Office of the General Counsel to the Board of Water Commissioners
Body
City of Detroit Board Of Water Commissioners
Agenda of March 19, 2025
Item No. 2025-69
Closed Session Request
TO: The Honorable
Board of Water Commissioners
City of Detroit, Michigan
FROM: Scott MacGriff
General Counsel
Detroit Water and Sewerage Department
RE: Closed Session
MOTION
BE IT RESOLVED that upon recommendation and opinion of Scott MacGriff, General Counsel and Chief Compliance Officer, the Board of Water Commissioners for the City of Detroit Water and Sewerage Department vote to approve a meeting with General Counsel in closed session, pursuant to Section 8(h) of the Michigan Open Meetings Act to discuss an attorney-client privileged memorandum prepared by the Office of the General Counsel, and pursuant to Section 8(e) of the Michigan Open Meetings Act to discuss ongoing litigation strategy in the matters of:
• Ajax Metal Processing, Inc. v. City of Detroit, Wayne County Circuit Court, Case No.: 23-015314-CB
• Deonte Young et a. v. City of Detroit, Wayne County Circuit Court, Case No.: 24-011119-CZ
• Nicola Binns et al. v. City of Detroit et al., State of Michigan Supreme Court, Case No. 158856
• Detroit Alliance Against the Rain Tax (DAART) et al. v. City of Detroit et al., State of Michigan Supreme Court, Case No. 158852
JUSTIFICATION
A meeting in closed session is requested to discuss the above-mentioned matters as may be covered by the Attorney Client Privilege. Section 8(e) and Section 8(h) of the Michigan Open Meetings Act allows a public body to meet in closed session: “To consult with its attorney regarding trial or settlement strategy in connection with specific pending meeting” and “To consider material exempt from discussion or disclosure by state or federal statute.”. The Office of the General Counsel has prepared a confidential memorandum and per the Freedom of Information Act, MCL 15.243(1)(g), the information presented in this memorandum is exempt from disclosure, therefore pursuant to the provision of the Open Meetings Act quoted above, General Counsel requests an opportunity to meet with you in closed session.
Respectfully Submitted,
Scott MacGriff
General Counsel and Chief Compliance Officer
Detroit Water and Sewerage Department