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Governing board unanimously authorizes attorney to seek consent order pausing litigation pending public hearing
Summary
A governing board returned to open session and voted unanimously to authorize its attorney to execute a consent order to stay a pending hearing and pursue a contingent settlement agreement, contingent on a public hearing and formal board approval; if approved, the plaintiff would dismiss the case with prejudice.
A governing board returned to open session and unanimously adopted a resolution authorizing its attorney to execute a consent order to stay a pending hearing and enter a contingent settlement agreement to resolve ongoing litigation.
A staff member read the resolution to members, saying the measure would "authorize its attorney [to] execute a consent order to stay the hearing reference litigation pending the outcome of a public hearing on the material terms of the settlement proposal," and that approval would require an affirmative binding vote by the board. The staff member said the consent order, if approved later under the terms described, "ultimately would lead to the plaintiff dismissing the litigation with prejudice." The reading referenced the "Whispering Woods" case and applicable case law.
The clerk called the roll for the vote. The staff member noted six board members were qualified to vote that evening and that at least four votes would be needed for passage. Board members recorded in the transcript as present—Skeller; Mr. B.; Mr. Simmel; Mr. Walden; Mr. Zazarino; and Mr. Sassa—voted in favor. The clerk announced "that's 6 unanimous passage" and the chair moved the meeting back to the agenda.
The resolution authorizes the attorney to enter a consent order that would pause (stay) the proceedings while the board conducts a public hearing on the settlement's material terms and then, if the board gives the required affirmative approval and memorializes that approval in a resolution, the plaintiff would dismiss the litigation with prejudice. The motion and second are recorded in the transcript but the individuals who made the motion and second are not specified in the transcript.
Next steps recorded in the meeting: the public hearing on the material terms of the settlement will be scheduled (details not specified in the transcript), and any final settlement will require a separate, affirmative board vote to memorialize approval. The transcript does not specify a hearing date or the specific settlement terms to be presented at that hearing.
