Isabella County approves settlement and inter-county agreement in Thomas Fox case after closed session

Following a closed session called under MCL 15.268(e) and MCL 15.268(h), the Isabella County Board of Commissioners on Aug. 5 unanimously approved a proposed settlement and inter-county agreement in Thomas Fox, et al. v. Saginaw County, et al. (Case No. 1:19-cv-11887).

The board voted to enter closed session at 6:03 p.m. to discuss trial and settlement strategy and attorney-client privileged material. The motion to enter the closed session was made by Commissioner Steve Swaney and supported by Commissioner Jerry Jaloszynski. The board reconvened at 6:42 p.m., accepted the closed-session minutes for the matter, and then approved the proposed settlement and inter-county agreement by a unanimous vote (Yeas: Commissioners Hope, Moreno, Swaney, Engler, Campbell, Weber and Jaloszynski).

Nut graf: The minutes record that the board used the statutory authority to hold a closed session because open discussion would have "a detrimental financial effect on the litigation or settlement position of Isabella County"; however, the public minutes do not include the settlement's terms, financial amounts, or other specifics.

What the record shows: motions to enter the closed session, accept closed-session minutes and approve the settlement were all carried by unanimous recorded votes. The case number cited in the minutes is 1:19-cv-11887. The minutes do not provide details of the settlement, the financial terms, or implementation steps beyond authorizing the agreement.

What remains unclear: The transcript and public minutes do not disclose the settlement amount, payment schedule (if any), or whether additional approvals by other jurisdictions are required. Because discussion occurred in closed session, the minutes appropriately limit public disclosure; the record available to the public lists only the motion language and vote outcomes.

The board adjourned at 6:45 p.m.