City Council Minutes 2022 10 03 - Laserfiche WebLink

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City Council Meeting Minutes October 3, 2022 Page 7 of 8 PERFORMANCE REVIEW OF OFFICIALS APPOINTED BY THE CITY COUNCIL (Home Rule Charter Section 5-2(b), CRS 24-6-402(4)(f)) Mayor Pro Tem Maloney introduced the executive session. City Attorney Cully stated the City Manager has requested the executive session for the purpose of consultation with an attorney representing the City with respect to pending litigation for a conference with attorneys representing the City for the purpose of legal advice on specific legal questions, specifically concerning pending litigation of Rocky Mountain Gun Owners, et al v. The City of Louisville. Additionally, the Mayor Pro Tern is requesting an executive session for the purpose of discussion of annual performance evaluations of the City Attorney, Water Attorney, Municipal Judge, and Prosecuting Attorney. City Attorney Culley noted the items to be discussed and the authority under which the Council can go into executive session. Deputy City Clerk Kline read Section 2.90.050 of the Louisville Municipal Code, which outlines the topics permitted for discussion in an executive session. City Attorney Culley stated Section 5-2(d) of the Home Rule Charter authorizes an executive session for the purpose of discussing pending litigation and Section 5-2(b) of the Home Rule Charter authorizes an executive session for the purpose of discussing a personnel matter involving officials directly appointed by the Council. An executive session for these purposes is also authorized by the Open Meetings Law, Section 24-6- 402(4)(b) and-402(4)(0 of the Colorado Revised Statutes. The request involves discussion of two separate topics: MOTION: Mayor Pro Tern Maloney moved to go into executive session for the purpose of discussing pending litigation and personnel matters involving employees directly appointed by the City Council, and that the executive session also include City Manager Jeff Durbin, Deputy City Manager Megan Davis; Attorney Gordon Vaughan, who will join the executive session via Zoom; and Assistant City Attorney Melinda Culley, except that Ms. Culley will leave the executive session when the City Council discusses the City Attorney evaluation. Seconded by Councilmember Dickinson. VOTE: Motion passed by unanimous roll call vote. Council adjourned to executive session at 7:36 pm. The Council meeting reconvened at 8:56 pm. REPORT — DISCUSSION/DIRECTION/ACTION — PENDING LITIGATION AND ANNUAL EVALUATIONS OF MUNICIPAL JUDGE, PROSECUTING ATTORNEY, WATER ATTORNEY, AND CITY ATTORNEY