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File #: 17-0192    Version: 1 Name:
Type: Request, Closed Session Status: Approved
In control: Office of the General Counsel
On agenda: 12/6/2017 Final action: 12/6/2017
Title: Upon the request of Chief General Counsel Debra N. Pospiech, Esq., the Board of Water Commissioners vote to: 1) Approve a meeting with legal counsel in closed session pursuant to Sections 8(e) and (h) of the Michigan Open Meetings Act to discuss settlement strategy in pending litigation; and 2) Authorize the Director to take such other action as may be necessary to accomplish the intent of the Board's vote.
Indexes: Board of Water Commissioners

Title

Upon the request of Chief General Counsel Debra N. Pospiech, Esq., the Board of Water Commissioners vote to: 1) Approve a meeting with legal counsel in closed session pursuant to Sections 8(e) and (h) of the Michigan Open Meetings Act to discuss settlement strategy in pending litigation; and 2) Authorize the Director to take such other action as may be necessary to accomplish the intent of the Board’s vote. 

 

Body

Agenda of December 6, 2017

Item No. 17-0192

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:                                          Michigan Warehousing, LLC v. City of Detroit, et al

                                          

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: 1) Meet with legal counsel in closed session pursuant to Sections 8(e) and (h) of the Michigan Open Meetings Act to discuss settlement strategy in Michigan Warehousing, LLC v. City of Detroit, et al, and 2) Authorize the Director to take such other action as may be necessary to accomplish the intent of this vote. 

 

BACKGROUND

Section 8(e) of the Michigan Open Meetings Act allow 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.” Section 8(h) allows a public body to meet in closed session: “To consider material exempt from discussion or disclosure by state or federal statute.”   Section 7 of the Act 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