City Council Agenda and Packet 2012 01 30 SP

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(c) The executive session shall only be held upon an affirmative vote of two- thirds (2/3) of the entire Council. A separate vote shall be held on each topic requested to be considered in the executive session. Following the vote and immediately prior to retiring into the executive session, the Mayor shall announce the topic or topics of the executive session. (d) Immediately upon retiring into the executive session, the requesting party shall explain in detail the nature of the topic and the reasons for requesting the executive session. At this time, those in attendance may discuss the propriety of the executive session. (e) Before any discussion on the merits of any topic in the executive session, the City Attorney or other attorney representing the City shall give an opinion as to the propriety of the executive session and shall provide guidelines as to the limitations that apply to the discussion. (f) At any time, any participant may object to the continuation of the executive session. Upon the making of such objection, all discussion shall cease and the Council shall reconvene in an open session for the purpose of determining the propriety of continuing the executive session. An affirmative vote of two - thirds (2/3) of the entire Council shall be required to continue the executive session. (g) Upon completion of the executive session, the Council shall reconvene in an open session. The person who requested the executive session shall provide as detailed an explanation as allowed by law without disclosing any confidential matter or any matter which would adversely affect the interests of the City, and shall announce what procedure, if any, will follow from the executive session. (h) Discussions that occur in executive session shall be recorded, and access to the record shall be provided, in the manner and to the extent provided in the State statutes concerning open meetings and the State statutes concerning open records. Section 5-4. Executive Sessions - State or Federal Law. To the extent matters addressed in this article are also addressed in any applicable provisions of state or federal law, it is the intent of this Charter that the provisions which best preserve the principles of open government and public participation in the affairs of the City shall prevail. Section 5 -5. Public Records. (a) The provisions of this Charter relating to open records shall be liberally construed with State open records laws to promote the prompt disclosure of City records to citizens at no cost or no greater than the actual cost to the City. The City shall strictly construe exceptions provided under the State statutes authorizing certain public records to be exempt from disclosure to the public. (b) City records shall be open for inspection by any person in accordance with this Charter and the State statutes concerning public records and criminal justice records. To the extent State open records laws or City ordinances conflict with the provisions of this Charter, whichever law provides greater access to City records and less expense to the person requesting the records shall control disclosure by the City. (c) No fee shall be charged for the inspection of City records. (d) No fee shall be charged for locating City records and making them available for copying, except that the actual labor cost to the City of locating City records may be charged and a reasonable 5