Council holds closed session on McMaster v. Wayne County, later follows attorney recommendation

The Garden City City Council convened a closed session at 7:31 p.m. on Sept. 8 pursuant to Michigan statute MCL 15.268(h) to receive a written legal opinion regarding the case Jacqueline McMaster et al v. Wayne County et al. The motion to move into closed session was made by Council member Witt and supported by Council member Cara Fotis; the council voted by roll call to enter the closed session.

State statute cited: The motion cited MCL 15.268(h), the Michigan Freedom of Information Act provision that permits closed sessions to receive a written legal opinion that is exempt from public disclosure.

After the closed session the council returned to open session. Council member King moved, and Council member Witt supported, a motion "that we follow the attorney's recommendation." The motion passed by roll call with all members recorded as voting aye. The council did not disclose the contents of the written legal opinion during the public meeting.

Why it matters: The council used a statutory exemption to receive confidential legal advice about pending litigation; following the attorney's recommendation is the formal action recorded in open session. The transcript records the statute cited (MCL 15.268(h)), the case name and the council’s two public votes (to enter closed session and to follow the attorney recommendation), but the legal opinion’s substance was withheld from the public under the cited statute.

Public record: The meeting minutes note the closed session and the formal vote to follow counsel’s recommendation, but the written opinion itself and the details discussed in closed session were not read into the public record.

Next steps: The council recorded its decision to follow the attorney’s recommendation; no further public motions were recorded in the meeting minutes regarding the litigation during the open session.