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City Council <br />Meeting Minutes <br />August 7, 2018 <br />Page 16 of 17 <br />The City Clerk read the statement required by City Code. <br />Attorney Light stated Section 5-2(b) of the home rule charter authorizes an executive <br />session for the purpose of discussion of certain personnel matters. For this agenda <br />item, the Mayor is requesting an executive session for the purpose of conducting a <br />semi-annual performance review of the City Manager, as authorized by Charter Section <br />5-2(b). An executive session for such purposes is also authorized by C.R.S. 24-6- <br />402(4)(f). <br />Attorney Light stated Section 5-2(d) of the home rule charter authorizes an executive <br />session for the purpose of consultation with an attorney representing the City with <br />respect to pending litigation, which includes both actual pending lawsuits as well as <br />situations where the person requesting the session believes in good faith that a lawsuit <br />may result. An executive session for this purpose is also authorized by C.R.S. Section <br />24-6-402(4)(b) of the Colorado Open Meetings Law. <br />Regarding the first request, the Mayor is requesting City Council convene an executive <br />session for the purpose of conducting a semi-annual performance review of the City <br />Manager. <br />Mayor Muckle moved to go into executive session for the purpose of conducting a semi- <br />annual performance review of the City Manager, and that the executive session include <br />the City Manager and City Attorney. Councilmember Leh seconded. <br />Voice vote: all in favor. <br />For the second request, the City Manager and City Attorney are requesting an executive <br />session for consultation with the City. Attorney regarding pending litigation, which in this <br />case does not involve any pending lawsuits but a situation where a lawsuit against the <br />City may result. City Attorney Light joined in the request stating he believes the situation <br />that is the topic of discussion is of such a nature that legal action may result. <br />Mayor Muckle moved to go into executive session for the purpose of consultation with <br />the City Attorney with respect to pending litigation and the executive session include the <br />City Manager and City Attorney. Councilmember Leh seconded the motion. <br />Voice vote: all in favor. <br />Adjourned to executive session at 8:38 pm. <br />Returned from executive session at 10:30 pm. <br />REPORT — DISCUSSION/DIRECTION/ACTION — CITY MANAGER SEMI-ANNUAL <br />EVALUATION & PENDING LITIGATION <br />