Westlake to offer settlement

Published 7:47 am Thursday, August 28, 2014

Westlake city officials will meet in executive session today to discuss potential litigation between two city employees.

City attorney John Van Norman said Tuesday that the meeting concerns a “threatened lawsuit” between an employee and supervisor. He said he would not disclose the names of the parties involved because of the “very sensitive” nature of the matter.

“I’m not so sure I am in the position to tell you names of the parties,” Van Norman said. “I think part of that is going to be privileged as to both attorney-client on the side of the part of the plaintiff and with regard to the defendant.”

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State law says public notice of a meeting must disclose whether the public body plans to hold an executive session and what it plans to discuss — including “a statement identifying the court, case number, and the parties relative to any pending litigation to be considered at the meeting.”

Additionally, the law says, the notice must feature “a statement identifying the parties involved and reasonably identifying the subject matter of any prospective litigation for which formal written demand has been made that is to be considered at the meeting.”

But Van Norman said the state Attorney General’s Office recognized the existence of privileged information in a 2012 opinion.

“Something could be privileged under Louisiana Code of Evidence Article 506 and that as such it has to be handled more discreetly,” he said. “This situation is of such a sensitive nature that it could very well be privileged communication between an attorney and his client and as such it is an exception to what would be your open-meetings law.”

City Clerk Andrea Mahfouz on Monday emailed an announcement about the special meeting, which will be at 5:30 p.m. today, Aug. 27, in City Hall.

The American Press emailed Mahfouz to ask about the potential litigation. In an emailed reply she said she “was not sure” of the parties or subject matter involved and that she “was just told to call the meeting.” She referred the Press to Mayor Dan Cupit and Van Norman.

Van Norman said he was instructed to continue negotiations with “the opposing attorney.” He said he would have told Mahfouz not to include the names of the parties in her notice.

Cupit said Tuesday that he had no information on the potential litigation.

“I really don’t know anything about it,” he said. “I have no idea what the meeting is going to be totally about, none at all. We have not had the opportunity to sit down and talk about it.”

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Online: www.legis.la.gov; www.parlouisiana.com.(American Press Archives)