Horticulture and Forestry Advisory Board Agenda and Packet 2013 01 10

Home Browse Search

The presiding officer will then review the Authorized Topics objection and determine how the study session For City Council, an executive session may be held should proceed.only for discussion of the following topics: Like formal meetings, a written summary of Matters where the information being dis- each study session is prepared and is available cussed is required to be kept confidential by to interested persons.federal or state law; Certain personnel matters relating to employ- ees directly appointed by the Council, and other Executive Sessions personnel matters only upon request of the City Manager or Mayor for informational purposes T he City Charter also sets out specific procedures only; and limitations on the use of executive sessions. Consideration of water rights and real property These rules, found in Article 5 of the Charter, are acquisitions and dispositions, but only as to ap- intended to further the City policy that the activities praisals and other value estimates and strategy of City government be conducted in public to the for the acquisition or disposition; and greatest extent feasible, in order to assure public Consultation with an attorney representing participation and enhance public accountability. the City with respect to pending litigation. This includes cases that are actually filed as well The Citys rules regarding executive sessions in- as situations where the person requesting the clude the following: executive session believes in good faith that a lawsuit may result, and allows for discussion of Timing and Procedures settlement strategies. The City Council, and City Boards and Commis- The Citys Boards and Commissions may only hold sions, may hold an executive session only at a regular an executive session for consultation with its attorney or special meeting. regarding pending litigation. 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 supermajor- ity (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 ses- sion. 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 reasonable belief that the executive session went be- yond its permitted scope. Executive session records are not available outside of a court proceeding.