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City Council <br />Meeting Minutes <br />April 18, 2017 <br />Page 11 of 12 <br />City Attorney Light stated the authority to conduct this executive session: Louisville <br />Code of Ethics, Section 5-2(b), CRS 24-6-402(4)(f) — Authorized topics. He noted the <br />City Manager has not requested this be held in public session. <br />MOTION: Mayor Muckle moved the City Council adjourn to executive session for the <br />purpose of discussion of a City Manager personnel matter as authorized by the laws <br />noted by the City Attorney and the executive session include the City Council and the <br />City Attorney; seconded by Councilmember Keany The motion carried by a vote of 7-0. <br />The City Council adjourned to executive session at 9:00 pm. <br />Councilmember Leh arrived at 9:00 pm. <br />The Special City Council meeting reconvened at 10:25 pm. <br />REPORT ON THE EXECUTIVE SESSION <br />Mayor Muckle reported that in March the Council met in executive session to review the <br />City Manager's performance evaluation and at that time decided to discuss a separation <br />agreement with Mr. Fleming. This evening while in executive session the Council <br />discussed a proposed separation agreement with City Manager effective on July 14, <br />2017. The Mayor noted the City has been fortunate to have Mr. Fleming as the manager <br />for the past ten years and that he has been thoughtful and proactive. He noted the <br />separation was not due to a specific dispute and was arrived at mutually. He thanked <br />Mr. Fleming for his service and noted many of the projects and contributions he has <br />made to the City. Deputy City Manager Balser will assume the duties of the City <br />Manager upon his departure and continue in that role until the position is filled. <br />City Manager Fleming thanked the Council and stated he is ready to pursue other <br />challenges. He will stay through mid-July to help facilitate a smooth transition. <br />Attorney Light noted the executive session was for the discussion of a personnel matter <br />regarding the City Manager. Attorney Light's office provided copies of the separation <br />agreement, the agreement provides that the parties agree it is to their mutual benefit to <br />terminate and resign the City Manager's employment with the City; it sets out terms and <br />conditions including that Mr. Fleming will continue as City Manager until July 14 and that <br />after leaving the City Mr. Fleming will receive severance pay and benefits consistent <br />with his contract. Mr. Fleming has provided signed copies of the proposed agreement, <br />however, in order for the agreement to be effective it must be approved by City Council <br />and signed by the Mayor. <br />Mayor Muckle moved to approve the separation agreement; Mayor Pro Tem Lipton <br />seconded. Motion carried by unanimous roll call vote. <br />