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AI- 3611   17.    
BOC Regular
Meeting Date: 06/17/2021  
Closed Session to Discuss Pending Litigation
FROM: Jim Dyer, Corporation Counsel, Corporation Counsel
Department: Corporation Counsel  

Information
RESOLUTION:
Resolved, that the Calhoun County Board of Commission will meet in closed session as permitted by Section 8 (e) and (h), of the Michigan Open Meetings Act to consult with its attorneys regarding trial and settlement strategy in connection with Gunthorpe v. Calhoun County, case number 20-cv-00382, currently pending in the US District Court for the Western District of Michigan, and to consider related material exempt from disclosure by the Michigan Freedom of Information Act, since an open meeting would have a detrimental financial effect on the County's litigating or settlement position.
RECOMMENDATION:
It is recommended that the resolution be approved by a roll call vote, as provided by Section 7 of the Open Meeting Act.
BACKGROUND:
The County is currently participating in a facilitation hearing, which was adjourned so the attorney's could have consultations with their clients. We are expected to resume this facilitation, before the end of June.  If it is not resolved by facilitation, we will also be required to proceed to a judicial settlement conference, which is currently scheduled for June 23, 2021, but most likely be adjourned until August.

The Defendants are represented by Andrew Brege, by assignment through the MMRMA. Mr. Brege will be present at the closed session to discuss our litigation and settlement strategy.
ALTERNATIVES:
None. Direction from the County Commission is necessary to effectively participate in the facilatiation and settlement conferences. 
SUMMARY:
It is recommedned that the County Commission enter into closed session to discuss settelment strategy in Gunthorpe v. Calhoun County.

Fiscal Impact
BUDGETARY IMPACT:
There is no impact on the County's general fund budget.
Attachments
No file(s) attached.

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