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Commission rejects removing discussion of vacancy from closed session

May 17, 2024 | Mount Clemens, Macomb County, Michigan


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Commission rejects removing discussion of vacancy from closed session
A motion to remove item 13a — a planned executive-session discussion about the charter process to fill the vacancy left by Commissioner Gary Blasch — and hear it in public failed after debate over whether attorney–client privilege justified a closed session.

During the agenda-adoption debate, a commissioner asked why the item required executive session and whether the subject could be discussed openly. The city attorney argued the correspondence related to the vacancy is attorney–client privileged and that the Open Meetings Act provides an exemption for such consultations. The commissioner pressing for public discussion said, “Why do we have to go behind closed doors to discuss that?” and argued the matter did not obviously fall under the usual executive-session categories (sale/purchase of property, personnel review, labor negotiations or litigation).

Supporters of the attorney’s recommendation said an executive session would allow the attorney to fully explain legal and procedural options before the commission publicly decides next steps. After discussion, a motion to remove the item from executive session was put to a roll call and the commission recorded that the motion failed; the item remained scheduled for executive session.

The exchange highlighted differing views on transparency and legal precaution: some commissioners pressed for open public discussion, while others deferred to the attorney’s advice that private legal consultation was appropriate before any public action. The meeting then proceeded with the previously adopted agenda.

The commission later recessed to go into executive session as scheduled to discuss attorney–client privileged correspondence related to the vacancy and to conduct the city manager’s annual evaluation.

What’s next: Item 13a remained on the agenda for executive session and may be announced or revisited at the next public meeting after legal counsel offers advice and the commission determines a public course of action.

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