Benzie County authorizes pre-suit mediation in Wenkel claim after closed session

The Benzie County Board of Commissioners voted April 1 to authorize the county administrator, undersheriff and the board chair to participate in pre-suit mediation over MMRMA Claim No. 2302757, which concerns David Wenkel and the Benzie County Sheriff’s Office. The board also authorized the county’s assigned counsel, Cummings McClorey Davis & Acho, to respond to a pre-suit settlement demand up to the amount discussed during a closed-session meeting.

The board first voted at 10:00 a.m. to enter a closed session under Michigan’s open meetings law (MCL 15.268(1)(h)) to receive attorney-client privileged communication regarding the claim. That motion to enter closed session was made by Chair Art Jeannot and seconded by Commissioner Nye. After the closed session, at 11:23 a.m. the board re-entered open session and passed the motion authorizing mediation and counsel’s response (motion by Commissioner Sauer, seconded by Commissioner Nye). The minutes record a unanimous roll-call vote of members present (Jeannot, Markey, Nye, Sauer and Trigg); Commissioners Roelofs and Warsecke were excused.

The board’s action authorizes staff to engage in mediation and to have counsel answer a settlement demand up to an amount discussed privately; the open minutes do not disclose the dollar figure. The motion directs the County Administrator, Undersheriff and Chair to participate in the mediation process and leaves further negotiation and any final settlement amount to later action and counsel guidance.

The action follows the board’s review of the privileged materials in closed session; the minutes do not include details of the underlying claim or monetary figures discussed during the closed portion of the meeting. No testimony from witnesses or third parties about the merits of the claim was included in the open minutes.