Title
The Board of Water Commissioners the City of Detroit Water and Sewerage Department 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 September 5, 2018
Item No. 18-0218
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: Jason Miller v. Detroit Water and Sewerage Department and Great Lakes
Water Authority
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 Jason Miller v. Detroit Water and Sewerage Department and Great Lakes Water Authority, 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 app...
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