City Council Minutes 2014 04 15 - Laserfiche WebLink

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City Council Meeting Minutes April 15, 2014 Page 13 of 15 Mayor Muckle stated he supported the executive session as a matter of courtesy to address another Council member's concerns. He supported having a conversation with the City Manager on a bi- annual basis. He felt it would be perfectly reasonable with proper notice. Council member Keany stated without knowing more specifics on whether it is a sensitive or confidential matter, he was not willing to go into Executive Session. Mayor Pro Tem Dalton was not aware of any performance issues of the City Manager. If he had a disagreement with the City Manager, he would discuss it with him directly. He would not support an executive session at this time. City Attorney Light clarified the voting requirement is two - thirds of the entire City Council. VOTE: Roll call vote was taken. The motion failed by a vote of 4 -2. Council member Stolzmann and Mayor Muckle voted yes. Council member Stolzmann stated this item has been officially noticed and the Council voted not to go into executive session. She would have preferred to discuss and raise the issues she was aware of in executive session. She felt Council could be more candid and reflect on the issues raised. There are three major areas of concern: communication, follow through and oversight. She has specific examples, which she believed should be addressed in executive session. Mayor Pro Tem Dalton felt the items discussed were personnel matters. Council member Stolzmann stated the Council decided not to discuss these matters in executive session. City Attorney Light stated these matters do not have to be discussed in executive session. The City Council may discuss this in an open session. He cautioned Council not to discuss specific information in the personnel files regarding privacy rights and protected information. Council may provide feedback on the performance of the City Manager in an open session. Mayor Muckle inquired if this matter is heard in open session, should it be noticed differently. City Attorney Light explained the City Council would have to decide what level of broadness would be discussed. He stated there is not a legal right for public comment on the Council's discussion on the City Manager's review. It does not have to be continued to another meeting for public comment. Council member Lipton felt Council member Stolzmann was within her rights to make comments under Council Comments. Council member Stolzmann felt this was the appropriate time for discussion, but would wait to make her comments under Council Comments.