Detroit Water and Sewerage Department
File #: 20-0062    Version: 1 Name:
Type: Resolution, BOWC Status: Approved
In control: Office of the General Counsel
On agenda: 2/19/2020 Final action: 2/19/2020
Title: The Board of Water Commissioners for the City of Detroit approves the Resolution Requesting Aid from Michigan Municipal Legal Defense Fund, and also authorizes the Director to take such other action as may be necessary to accomplish the intent of this vote.
Indexes: Board of Water Commissioners

Title

The Board of Water Commissioners for the City of Detroit approves the Resolution Requesting Aid from Michigan Municipal Legal Defense Fund, and also authorizes the Director to take such other action as may be necessary to accomplish the intent of this vote.

 

Body

Agenda of February 19, 2020                     

Item No.   20-0062

 

TO:                                          The Honorable

                                          Board of Water Commissioners

                                          City of Detroit, Michigan

 

FROM:                           Gary Brown, Director

                                          Water and Sewerage Department

 

RE:                     Request for Michigan Municipal League Legal Defense Fund to Provide Litigation Support for DAART v. City of Detroit and Binns v. City of Detroit Michigan Supreme Court Appeal

 

MOTION

WHEREAS, the City of Detroit is currently involved in two class action lawsuits pending in the Michigan Supreme Court entitled DAART v. City of Detroit and Binns v. City of Detroit; and

 

WHEREAS, the City believes that the issues involved in such litigation are such that the Michigan Municipal Legal Defense Fund may wish to provide supportive aid in such litigation; and

 

WHEREAS, the City desires to receive the assistance of the Michigan Municipal League Legal Defense Fund;

 

NOW, THEREFORE, BE IT RESOLVED, that the City of Detroit Board of Water Commissioners hereby authorizes the Director and any other appropriate municipal offices to request supportive aid from the Michigan Municipal League Legal Defense Fund in the litigation described above.  It is agreed that acceptance of such support shall constitute an agreement by the requesting municipality to abide by any conditions placed upon the aid offered by the Fund. 

 

BACKGROUND AND JUSTIFICATION

The Background and Justification for this motion are contained in a confidential, attorney-client privileged communication provided under separate cover.   DWSD requested the Michigan Municipal League Legal Defense Fund to file an amicus curie brief in the above-captioned matters.  Their board requires the requesting municipality to pass a resolution as worded herein. 

 

BUDGET IMPACT 

There is no budget impact to DWSD for this aid.

 

 

BOARD REVIEW

This matter was individually reviewed by each member of the Board