Cultural Council Agenda and Packet 2014 01 16

Home Browse Search

Lions, he or she may submit a written objection. • The presiding officer will then review the objection 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 The City Charter also sets out specific procedures and limitations on the use of executive sessions. These rules, found in Article 5 of the Charter, are intended to further the City policy that the activities of City government be conducted 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 Commis- sions, 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 supermajor- ily (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. Authorized Topics For City Council, an executive session may be held only for discussion of the following topics: • Matters where the information being dis- cussed 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 properly 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 includes cases that are actually filed as well as situations 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 attorney regarding pending litigation. Ethics Ethics are e foundation of good government. The Louisville has adopted its own Code of Ethics, which is found in the City Charter and which applies to elected officials, public body members, and em- ployees. The Louisville Code of Ethics applies in ad- dition to any higher standards in state law. Louisville's position on ethics is perhaps best summarized in the following statement taken from the City Charter: "Those entrusted with positions in the City govern- ment must commit to adhering to the letter and spirit of the Code of Ethics. Only when the people are confident that those in positions of public responsibility are committed to high levels of ethi- cal and moral conduct, will they have faith that their government is acting for the good of the public. This faith in the motives of officers, public body members, and employees is critical for a harmonious and trusting relationship between the City government and the people it serves." The City's Code of Ethics (Sections 5 -6 though 5 -17 of the Charter) is summarized in the following paragraphs. While the focus is to provide a general -5-