Title
Approval of a meeting with legal counsel in closed session pursuant to Section 8(h) of the Michigan Open Meetings Act and Section 13(1)(g) of the Freedom of Information Act to consider material exempt from discussion or disclosure by state or federal statute, specifically a confidential attorney client communication.
Body
Agenda of November 7, 2018
Item No. 18-0257
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: Confidential Attorney Client Communication
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 on the Capital Improvement Committee, hereby resolves to (1) Meet with legal counsel in closed session pursuant to Section 8(h) of the Michigan Open Meetings Act to consider material exempt from discussion or disclosure by state or federal statute, specifically a confidential attorney-client communication which is exempt from public disclosure pursuant to Section 13(1)(g) of the Freedom of Information Act.
BACKGROUND
General Counsel has issued a confidential memorandum containing legal opinions to the Capital Improvement Committee and must be discussed with the Committee in a closed session. Such action is permitted under the Open Meetings Act and Freedom of Information Act. Section 7 of the Open Meetings Act requires an affirmative roll call vote of 2/3 of the Board Members appointed and serving on the Capital Improvement Committee to approve a closed session. Non-committee members may be invited to attend the closed session.
Respectfully Submitted,
Debra N. Pospiech
Debra N. Pospiech, Esq.
Chief General Counsel