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• <br /> 410 <br /> 10/19/82 Page -9- <br /> Attorney Rautenstraus Stated he preferred to discuss Court decisions <br /> in private. and felt that this particular issue <br /> might partially be discussed in private. <br /> Councilman Leary Inquired how it could be dealt with in a manner <br /> that would be an open issue; but realized the <br /> sensitiveness of the situation. Inquired if <br /> a motion of intent to seek the declaratory <br /> judgement would be in order . <br /> Attorney Rautenstraus Suggested that perhaps Mayor and Councilmembers <br /> call an executive session for a short time and <br /> hold the motion in abeyance until after the <br /> session. <br /> Table Motion Councilman Leary moved, Councilman Ferrera <br /> seconded that the motion to seek deccaratory <br /> judgement be tabled until executive session <br /> discussion is complete. Question called for. <br /> All in favor . Motion carried unanimously. <br /> EXECUTIVE SESSION Councilman Leary moved, Councilman Ferrera <br /> seconded the meeting be adjourned for a <br /> 10 minute executive session to discuss a <br /> legal matter with the City Attorney. Question <br /> called for . All in favor. Motion carried unan- <br /> imously. Meeting adjourned at 8 :10 P.M. <br /> Meeting reconvened at 8 :20 P .M. <br /> MOTION WITHDRAWN Councilman Leary moved, Councilman Ferrera <br /> seconded to withdraw the motion seeking a <br /> declaratory judgment , to be discussed at the <br /> next regular council meeting. Question called <br /> for . 6 Ayes 1 Nay - Councilman Cussen dissenting <br /> Motion carried. <br /> Councilwoman Morris Commented if the declaratory judgment issue <br /> is not set for the next council meeting, but <br /> rather any time period within a week, and <br /> possibly bring it back for a special meeting <br /> if that is necessary. She further explained <br /> she did not wish to delay this issue until <br /> the next council meeting, but rather if some <br /> circumstances should arise that we could bring <br /> the issue before the Council before that . <br /> Amendment Councilwoman Morris moved, Councilman Cummings <br /> seconded that should circumstances arise re- <br /> lative to the declaratory judgement , council <br /> would have a special meeting to discuss the <br /> issue before the next regular scheduled meeting. <br /> Question called for. 6 Ayes 1 Nay. Councilman <br /> Cussen dissenting. Motion carried. <br />