Revitalization Commission Agenda and Packet 2012 01 09

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Study Sessions Study sessions are also open to the public. However, study sessions have a limited purpose: • Study sessions are to obtain information and discuss matters in a less formal atmosphere; • No preliminary or final decision or action may be made or taken at any study session; further, full debate and deliberation of a matter is to be reserved for formal meetings; • If a person believes in good faith that a study session is proceeding contrary to these limita- tions, he or she may submit a written objection. • The presiding officer will then review the objec- tion and determine how the study session should proceed. • Like formal meetings, a written summary of each study session is prepared and is available to interested persons. Executive Sessions e City Charter also sets out specific proce- dures and limitations on the use of execu- tive sessions. These rules, found in Article 5 of the Charter, are intended to further the City policy that the activities of City government be conduct- ed in public to the greatest extent feasible, in order to assure public participation and enhance public accountability. The City's rules regarding executive sessions in- clude the following: Timing and Procedures The City Council, and City Boards and Commissions, may hold an executive session only at a regular or special meeting. No formal action of any type, and no informal or "straw" vote, may occur at any executive session. Rather, formal actions, such as the adoption of a pro- posed policy, position, rule or other action, may only occur in open session. Prior to holding an executive session, there must be a public announcement of the request and the legal authority for convening in closed session. There must be a detailed and specific statement as to the topics to be discussed and the reasons for requesting the session. The request must be approved by a supermajority (two-thirds of the full Council, Board, or Commis- sion). Prior to voting on the request, the clerk reads a statement of the rules pertaining to executive ses- sions. Once in executive session, the limitations on the session must be discussed and the propriety of the session confirmed. If there are objections and/or concerns over the propriety of the session, those are to be resolved in open session. Once the session is over, an announcement is made of any procedures that will follow from the session. Executive sessions are recorded, with access to those tapes limited as provided by state law. Those state laws allow a judge to review the propriety of a session if in a court filing it is shown that there is a reason- able belief that the executive session went beyond its permitted scope. Executive session records are not available outside of a court proceeding. Authorized Topics For City Council, an executive session may be held only for discussion of the following topics: • Matters where the information being discussed is required to be kept confidential by federal or state law; • Certain personnel matters relating to employ- ees directly appointed by the Council, and other personnel matters only upon request of the City Manager or Mayor for informational purposes only; • Consideration of water rights and real property acquisitions and dispositions, but only as to ap- praisals and other value estimates and strategy for the acquisition or disposition; and • Consultation with an attorney representing the City with respect to pending litigation. This in- cludes cases that are actually filed as well as situ- ations where the person requesting the executive session believes in good faith that a lawsuit may result, and allows for discussion of settlement strategies. The City's Boards and Commissions may only hold an executive session for consultation with its attor- ney regarding pending litigation. -5-