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 Sections 8(d) and (h) of the Michigan Open Meetings Act to discuss an offer to purchase real property and a confidential attorney communication.
Body
Agenda of June 16, 2021
Item No. 21-0522
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: Offer to Purchase Detroit Water and Sewerage Department Properties
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 Sections 8(d) and (h) of the Michigan Open Meetings Act to discuss an offer to purchase DWSD properties and matters discussed in a confidential attorney communication.
BACKGROUND
Section 8(d) of the Michigan Open Meetings Act (MCL 15.261 et. seq.), allows a public body to meet in closed session: "To consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained." Section 8(h) also 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 an offer to purchase c...
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