Board to discuss legal strategies in closed meeting

By Jodi S. Cohen
Daily Staff Reporter

Members of the Board of Regents will meet in a closed session today, but they won't be sitting in their usual chairs.

Instead, the regents will dial-in to the Fleming Building on a conference call to discuss "trial or settlement strategy in connection with specific pending litigation."

A news release about the 4:30 p.m. meeting also explains that it will be closed to discuss material exempt from the Open Meetings Act, which can include meetings with the University's attorneys.

"It's to consider advice of counsel," said Lisa Baker, associate vice president for University relations. "We are not required to disclose content."

The University is constantly involved in various litigation, including a case connected to the presidential search process.

A judge's decision, along with state laws, recently forced the board to use an open search process to select Lee Bollinger as the next University president.

The lawsuit - brought by The Ann Arbor News, The Detroit News and the Detroit Free Press - claimed that the University would have violated the Open Meetings Act and Freedom of Information Act if there were closed meetings between the presidential candidates and individual regents.

Circuit Court Judge Melinda Morris ruled against the University and issued an injunction barring all private interactions between the regents and candidates. The ruling also ordered that all meetings between the regents and the Presidential Search Advisory Committee be made public.

In addition to this ongoing case, the University also is currently involved in other litigation, but it is unclear what the board will discuss today.

Regent Deane Baker (R-Ann Arbor) said it's not uncommon for the regents to meet by telephone.

"We do that from time to time if people are spread around the country," Baker said.

Baker, who has served as regent for 24 years and recently lost a re-election bid, would not comment on the meeting's content.

"It is a closed meeting because there are matters important to the University and we can discuss them under the Open Meetings Act without disclosing them," Baker said.

11-22-96

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