January 21, 2014 at 4:00 PM - Closed Session

I. Opening of the Meeting

I.A. Welcome

I.B. Roll Call

I.C. Pledge of Allegiance

I.D. Approval of Agenda

II. Communications, Petitions and Delegations

III. Move into Close Session

III.A. Appeal of Case#: CU12 J-047

III.B. Approval of Case#: C11 K-197

III.C. Litigation Update

Closed Meetings:
The law provides for closed meetings in a few specified circumstances. In order
for a public body to hold a closed meeting, two-thirds of its members must vote
affirmatively in a roll call. Also, the purpose for which the closed meeting is
being called has to be stated in the meeting when the roll call is taken.
Closed meetings may be called without a two-thirds vote for the following
reasons:
(1) considering the dismissal, suspension or disciplining of, or to hear
complaints or charges brought against a public officer, employee, staff member
or individual when the person requests a closed hearing;
(2) considering the dismissal, suspension or disciplining of a student of a
public school when the student or guardian requests a closed hearing;
(3) strategy and negotiation sessions necessary in reaching a collective
bargaining agreement when either party requests a closed hearing; and
(4) partisan caucuses of the State Legislature.
(5) for a compliance conference the department of commerce conducts under MCL
§333.16231, concerning an investigation of certain licensed medical
professionals.
(6) to conduct searches for a university president, until the board has
narrowed the search to 5 andidates.
Other reasons a public
body may hold a closed meeting are:
(1) to consider the
purchase or lease of real property;
(2) to consult with its
attorney about trial or settlement strategy in pending litigation, but only
when an open meeting
would have detrimental financial effect on the public
body’s position;
(3) to review the contents of an application for employment or appointment to a
public office when the candidate requests the application to remain
confidential. However, all interviews by a public body for employment or
appointment to a public office have to be conducted in an open meeting; and
(4) to consider material exempt from discussion or disclosure by state or
federal statute.
MCL § 15.268, Closed
sessions; permissible purposes, states as follows: A public
body may meet in a closed session only for the following purposes: (d) To
consider the purchase or lease of real property up to the time an option to
purchase or lease that real property is obtained.

The Michigan Attorney General (AG) has opined that generally a public body may
not hold a closed session for the purpose of discussing the disposition of real
property by sale or lease. Op Atty Gen, March 21, 1978, No. 5284. However, the

AG has also opined that a public body may meet in a closed session to direct
its agents as to their limits in negotiating for the purchase of real property.
Op Atty Gen, September 7, 1978, No. 5364. Since there are real estate matters
the District's broker needs guidance from the Board, viz-a-viz limits to guide
the District's agents in negotiations, a closed session is in order.

IV. Action Item

V. Board Comments and Announcements

VI. Adjournment

VII. No Items