Clay County commissioners schedule private attorney session ahead of mediation in Fitzgerald case

Clay County commissioners on the record approved a private attorney–client meeting to prepare for a court-ordered mediation in the consolidated case Fitzgerald v. Fitzgerald v. Clay County and set the meeting for Feb. 10 at 2:45 p.m.

Mike Lindell, identified in the meeting as the attorney of record representing the county, told commissioners, "I am requesting a private meeting with the, board to discuss, legal matters, in preparation for the mediation." He said the court has set a trial week for May 18 and that mediation is likely to be scheduled in late February.

Unidentified Speaker 2 cited the governing statute aloud, saying "286.011 for statute subsection 8," and outlined its requirements. The speaker told the board the statute allows a public body and its chief executive to meet privately with the entity's attorney to discuss pending litigation "subject to several conditions," including an on-the-record announcement during the public meeting that lists attendees, states the subject matter, estimates the recess length and notes a court reporter will prepare a transcript that becomes public after the litigation concludes.

Commissioners confirmed the meeting time after brief scheduling discussion. Unidentified Speaker 4 moved "that, on February 10 at approximately 02:45, we conduct a, a meeting in accordance with the state statute as briefed by the county attorney to conduct the, the discussion on this particular case." The motion was seconded and the board voted in favor; the motion passed 4–0.

Board members and staff clarified the scope of the private session: discussion will be confined to settlement negotiations, strategy sessions and litigation expenditures, and any direction given to the county attorney during the private meeting would not constitute a final county decision without subsequent board action. A board member asked whether commissioners would still have all options after the private session and asked about potential county costs; officials said Lindell could provide an estimate of litigation expenditures during the private meeting, but no dollar amounts were provided during the public discussion.

The vote formalized the steps the board must take at the public meeting to invoke the statute (a recess announcement, attendee listing and purpose statement) and confirmed a court reporter will attend the private session so a transcript exists for the public record once allowed. The meeting then returned briefly to commissioner comments before adjournment.

The most recent procedural step is the board-approved private meeting on Feb. 10 at 2:45 p.m.; mediation and any settlement would be reported back to the board for formal approval.