Title
Upon the request of Chief General Counsel Debra N. Pospiech, Esq., the Board of Water Commissioners votes to approve a meeting with General Counsel in closed session pursuant to Section 8(h) of the Michigan Open Meetings Act to discuss a confidential attorney communication.
Body
Agenda of August 26, 2021
Item No. 21-0577
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: Facilitation Award in Lupercio vs. City of Detroit, Wayne County Circuit Court Case No. 20-003854-NI
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 (DWSD), by an affirmative roll call vote of 2/3 of the Board Members appointed and serving, hereby resolves to meet with General Counsel in closed session pursuant to Section 8(h) of the Michigan Open Meetings Act to discuss a confidential attorney communication.
BACKGROUND
Section 8(h) of the Open Meetings Act (MCL 15.261 et seq) allows a public body to meet in closed session: “To consider material exempt from discussion or disclosure by state or federal statute.” The Freedom of Information Act (MCL 251.231 et. seq.) exempts from disclosure records subject to attorney-client privilege. (MCL 15.243(g))
Section 7 of the Open Meetings Act requires an affirmative roll call vote of 2/3 of the Board Members appointed and serving to approve a closed session. (MCL 15.267(1))
General Counsel provided a confidential memorandum to Commissioners regarding the above-captioned matter and respectfully requests a closed session to discuss the memorandum.
Respectfully Submitted,
Debra N. Pospiech
Debra N. Pospiech, Esq.
Chief General Counsel