City Council Agenda and Packet 2012 01 30 SP

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LOUISVILLE HOME RULE CHARTER ARTICLE 5 OPEN GOVERNMENT AND ETHICS Section 5 -1. Executive Sessions - General. (a) It is the policy of the City that the activities of City government should be conducted in public to the greatest extent feasible in order to assure public participation and enhance public accountability. (b) The City Council may hold an executive session only at a regular or special meeting and for the sole purpose of discussing one (1) or more of the topics set forth in Section 5 -2. (c) No adoption of any proposed policy, position, resolution, rule, regulation, or formal action, and no informal or "straw" vote, shall occur at any executive session. (d) The Council may, by ordinance, establish other procedures and requirements pertaining to executive sessions. Section 5 -2. Executive Sessions - Authorized Topics. Topics which may be discussed in an executive session shall be limited to the following: (a) Matters where the information being discussed is required to be kept confidential by federal or state law; (b) Personnel matters involving the dismissal, demotion, discipline or review of the performance of employees directly appointed by the Council, consideration of complaints or charges against employees appointed directly by the Council, and other personnel matters only upon request of the City Manager or Mayor for informational purposes only; (c) Consideration of water rights and real property acquisitions and dispositions by the City, but only as to appraisals and other value estimates and strategy for the acquisition or disposition of such rights or property; and (d) Consultation with an attorney representing the City with respect to pending litigation. Pending litigation shall include cases in which a lawsuit is actually commenced, and any situation where the person requesting the executive session believes in good faith that a lawsuit may result. The Council may discuss settlement strategies in an executive session. Section 5 -3. Executive Sessions - Procedures. (a) A request for an executive session may be made only by a member of the Council, the City Attorney or other attorney representing the City, the Municipal Judge, or the City Manager. (b) The request to go into an executive session shall be made in an open session at a regular or special meeting of the Council. The requesting party shall give as detailed and specific a statement as possible, using his or her best judgment to avoid disclosure of any confidential matters, as to the topic or topics to be discussed and the reasons for requesting an executive session. 4