Historical Commission Agenda and Packet 2014 01 15

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tions, he or she may submit a written objection. yond its permitted scope. Executive session records are not available outside of a court proceeding. The presiding officer will then review the objection and determine how the study session Authorized Topics should proceed.For City Council, an executive session may be held Like formal meetings, a written summary of only for discussion of the following topics: each study session is prepared and is available Matters where the information being dis- to interested persons.cussed is required to be kept confidential by federal or state law; Certain personnel matters relating to employ- Executive Sessions ees directly appointed by the Council, and other personnel matters only upon request of the City T he City Charter also sets out specific procedures Manager or Mayor for informational purposes and limitations on the use of executive sessions. only; These rules, found in Article 5 of the Charter, are Consideration of water rights and real property intended to further the City policy that the activities acquisitions and dispositions, but only as to ap- of City government be conducted in public to the praisals and other value estimates and strategy greatest extent feasible, in order to assure public for the acquisition or disposition; and participation and enhance public accountability. Consultation with an attorney representing the City with respect to pending litigation. This The Citys rules regarding executive sessions in- includes cases that are actually filed as well clude the following: as situations where the person requesting the executive session believes in good faith that a Timing and Procedures lawsuit may result, and allows for discussion of The City Council, and City Boards and Commis- settlement strategies. sions, may hold an executive session only at a regular The Citys Boards and Commissions may only hold or special meeting. an executive session for consultation with its attorney No formal action of any type, and no informal or regarding pending litigation. straw vote, may occur at any executive session. Rather, formal actions, such as the adoption of a pro- Ethics posed policy, position, rule or other action, may only occur in open session. E Prior to holding an executive session, there must be thics are the foundation of good government. a public announcement of the request and the legal Louisville has adopted its own Code of Ethics, authority for convening in closed session. There must which is found in the City Charter and which applies be a detailed and specific statement as to the topics to elected officials, public body members, and em- to be discussed and the reasons for requesting the ployees. The Louisville Code of Ethics applies in ad- session.dition to any higher standards in state law. Louisvilles The request must be approved by a supermajor-position on ethics is perhaps best summarized in the ity (two-thirds of the full Council, Board, or Commis-following statement taken from the City Charter: sion). Prior to voting on the request, the clerk reads a statement of the rules pertaining to executive ses-Those entrusted with positions in the City govern- sions. Once in executive session, the limitations on ment must commit to adhering to the letter and the session must be discussed and the propriety of spirit of the Code of Ethics. Only when the people the session confirmed. If there are objections and/or are confident that those in positions of public concerns over the propriety of the session, those are responsibility are committed to high levels of ethi- to be resolved in open session.cal and moral conduct, will they have faith that Once the session is over, an announcement is their government is acting for the good of the made of any procedures that will follow from the ses-public. This faith in the motives of officers, public sion.body members, and employees is critical for a Executive sessions are recorded, with access to harmonious and trusting relationship between the those tapes limited as provided by state law. Those City government and the people it serves. state laws allow a judge to review the propriety of The Citys Code of Ethics (Sections 5-6 though a session if in a court filing it is shown that there is a 5-17 of the Charter) is summarized in the following reasonable belief that the executive session went be-paragraphs. While the focus is to provide a general