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BOARD OF PUBLIC UTILITIES <br />SEPTEMBER 25, 2017 <br />ITEM NO. 9 <br />MEMORANDUM FROM THE CITY ATTORNEY CONCERNING A CLOSED SESSION <br />BEFORE THE BOARD OF PUBLIC UTILITIES OF THE CITY OF RIVERSIDE <br />TO: Honorable Chairperson and Board Members <br />FROM: Gary G. Geuss, City Attorney <br />SUBJECT: Closed Session - Anticipated Litigation [Govemment Code §54956.9(d)(4)] <br />[1] Case(s) Anticipated <br />A closed session will be held on September 25, 2017, for the purpose of conferring with <br />and/or receiving advice from your legal counsel concerning anticipated litigation. Based <br />upon existing facts and circumstances and the advice of its legal counsel, the Board of <br />Public Utilities is meeting only to decide whether to initiate litigation. [Gov't. Code <br />§54956.9(d)(4)] <br />If the Board authorizes the City Attorney to defend, or seek or refrain from seeking <br />appellate review or relief, this determination shall reported in open session at the public <br />meeting during which the closed session is held. If the Board authorizes initiation or <br />intervention, such authorization shall also be reported and the public advised that the <br />action, defendants and other particulars will be disclosed upon request after the action <br />is formally commenced. [Gov't. Code §54957.1(a)(2)] <br />If the Board accepts a settlement offer signed by the opposing party, the substance of <br />the settlement and its acceptance shall be reported at the public meeting during which <br />the closed session is held. (Gov't. Code §54957.1(a)(3)(A)] <br />Any disclosures shall include the vote or abstention of each member. <br />Dated: September 6, 2017 <br />Prepared By: Gary G. Geuss <br />City Attorney <br />06-2720 SDW 09/06/17 <br />\\rc-city lawp rod\Cyco m\W P Do cs\D006\P024\00357045. d ocx <br />