Board discusses Dispute Review Board transparency, moves to executive session on potential claims

General counsel John Shockley updated the Metro Flood Diversion Authority on dispute resolution procedures and an Attorney General opinion that the authority’s alternative dispute resolution (ADR) process is subject to open‑meetings law. The board then voted to move into executive session to discuss potential claims and obtain attorney‑client guidance.

Shockley said staff assembled notices, minutes and agendas for the technical dispute review board meetings that were the subject of a media request and published those materials on the authority website after consulting independent counsel. “The Attorney General found that the ADR process was subject to the open meetings law,” he said, and staff are working through how that ruling applies to the dispute‑resolution process.

Commissioner Peppcorn urged full transparency, stating that meetings, including planning committee meetings, should be public and that executive sessions should be used only when legally appropriate. “From now on all of our meetings including the planning committee they should all be public meetings period,” he said.

Following the briefing, the board approved a motion to go into executive session for attorney‑client consultation and pending litigation related to potential claims before the Technical Dispute Review Board and a possible amendment to the project agreement. The motion was moved and seconded and passed on a voice vote; the board then recessed into executive session.

The board indicated it would reconvene after the executive session to complete any remaining business.