(A) The initiation of any lawsuit, litigation, claim for injunctive relief, writ of mandamus* or other legal proceeding requires a majority vote of the Township Board, except when there are extenuating circumstances. The Supervisor is authorized to remedy the circumstances as defined in this section.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
EXTENUATING CIRCUMSTANCES.
(a) An emergency situation that cannot wait until a special or regular meeting of the Board or a situation in which a violation of any state, federal or local ordinance constitutes a public nuisance or otherwise endangers the public and in which the continued existence of such a condition, emergency or violation is detrimental to the health, safety and welfare of the township.
(b) EXTENUATING CIRCUMSTANCES also include any situation where the continued existence of any condition, emergency or violation may jeopardize the legal position of the township in securing the intended remedy in any lawsuit, litigation, claim for injunctive relief, writ of mandamus or other legal proceeding.
(C) The Township Board reserves the authority to authorize and direct the course and conduct of any lawsuit, litigation, claim for injunctive relief, writ of mandamus or other legal proceeding, notwithstanding its initiation for extenuating circumstances.
(Board and Administrative Policies Manual, § 2.12)
Editor’s note:
*A writ of mandamus is an order from a court to a government official instructing that official to carry out duties required. This occurs when an official is refusing to uphold or enforce a lawful ordinance or regulation.