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Berrien County Board enters closed session under attorney–client privilege to discuss Purdue Pharma case
Summary
The Board of Commissioners voted to hold a closed session to receive legal advice on a case involving Purdue Pharma; the board cited MCL 15.268 (attorney–client privilege) and said no action would follow the closed session other than approving prior closed-session minutes.
The Berrien County Board of Commissioners voted on Sept. 11 to go into a closed session to discuss a case involving Purdue Pharma and related matters under the attorney–client privilege exception to Michigan’s Open Meetings Act.
The motion to enter closed session was made by Commissioner Kerr and supported by Commissioner Pitcher. County corporate counsel stated the meeting was being closed under MCL 15.268 (attorney–client privileged communications). The board took a roll call and the chair said the body was entering closed session; no substantive action was scheduled to follow the closed meeting other than consideration of prior closed-session minutes.
Why it matters: Litigation involving pharmaceutical companies and local governments can involve settlement negotiations, potential financial exposure and confidentiality obligations; using the attorney–client privilege exception allows the board to seek legal advice in private.
Commission counsel Connie Baer attended for the legal briefing, and the board instructed the clerk to terminate the public Zoom link for the closed portion of the meeting. The transcript records the motion and roll call to enter the closed session but records no subsequent public action.
