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Commission split over closed session and attorney privilege for investigation memo
Summary
Commissioners debated whether to receive counsel's written opinion in closed session and how much of the investigation to redact; disagreements over process and timing delayed a move to closed session before commissioners agreed to provide a redacted copy and proceed with a leave/hearing arrangement.
Lapeer commissioners spent considerable time debating whether to move into closed session to receive an attorney opinion and how to handle an independent investigator's memorandum. Several commissioners argued closed session was needed to protect employee identities and attorney-client privilege; others objected to the late delivery of the memo and to process concerns about who had seen the report.
Labor attorney Aaron Graves advised the commission on employer obligations, telling commissioners, "Your obligation as an employer is to do an investigation of that complaint, which has been done, and then to take prompt and appropriate remedial action." City attorney Francis explained which Open Meetings Act (OMA) subparts trigger a 0.667 threshold for closed session; the commission ultimately negotiated redaction language that limits redactions to legal analysis and conclusions while providing factual allegations and witness statements to the manager.
