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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/15/2005 - FIRST READING OF ORDINANCE NO. 025, 2005, AMENDING ITEM NUMBER: 21 AGENDA ITEM SUMMARY DATE: February 15, 2005 FORT COLLINS CITY COUNCIL STAFF: Steve Roy SUBJECT First Reading of Ordinance No. 025, 2005 Amending Section 2-31 of the City Code Pertaining to Executive Sessions. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This Ordinance would amend the provisions of the City Code pertaining to executive sessions to clarify that Council can provide direction to City staff or other persons during the course of an executive session with regard to the matters that are permissible for discussion in executive session. BACKGROUND Both the City Code and the Colorado Revised Statutes contain provisions pertaining to open meetings, and both sets of regulations limit the kinds of matters that may be discussed by the City Council in executive session. The open meetings provisions of the City Code, which are contained in Section 2-31 of the Code, are based on the provisions of Article 2, Section 11 of the City Charter. This Charter provision authorizes executive sessions for the following purposes: discussing personnel matters;consulting with attorneys representing the City regarding specific legal questions including litigation or potential litigation; considering water and real property acquisitions and sales; and considering certain electric utility matters. Both the State law and the City Code prohibit Council from taking any final legislative action in executive session,although the state and local regulations differ in that Section 24-6-402.4(e)of the Colorado Revised Statutes specifically permits local public bodies to determine positions relative to matters that may be subject to negotiations and to develop strategies for negotiations and to instruct negotiators, while the provisions of the City Code are less specific in that regard. The proposed Ordinance would amend Section 2-31 of the City Code so as to clarify that the City Council may give direction to City staff in executive session with regard to matters that are February 15, 2005 -2- Item No. 21 permissible for executive session discussion, and that providing such direction does not run afoul of the prohibition against taking final legislative action in executive session. ORDINANCE NO, 025 , 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-31 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO EXECUTIVE SESSIONS WHEREAS , both the City Code and the Colorado Revised Statutes contain provisions pertaining to open meetings, and both sets of regulations limit the kinds of matters that may be discussed by the City Council in executive session; and WHEREAS , the open meetings provisions of the City Code, which are contained in Section 2-31 of the Code, are based on the provisions of Article 2, Section 11 of the City Charter; and WHEREAS , said Charter provision authorizes executive sessions for the following purposes : discussing personnel matters; consulting with attorneys representing the City regarding specific legal questions including litigation or potential litigation; considering water and real property acquisitions and sales ; and considering certain electric utility matters ; and WHEREAS , both the State law and the City Code prohibit Council from taking any final legislative action in executive session, although the state and local regulations differ in that Section 24-6-402 .4(e) of the Colorado Revised Statutes specifically permits local public bodies to determine positions relative to matters that may be subject to negotiations and to develop strategies for negotiations and to instruct negotiators, while the provisions of the City Code are less specific in that regard; and WHEREAS , the regulation of City Council meetings is a matter of purely local concern, so that the City Code provisions governing meetings of the City Council supercede any conflicting provisions of the State statutes ; and WHEREAS , the City Council believes it to be in the best interests of the City to amend Section 2-31 of the City Code so as to clarify that the City Council may give direction to City staff in executive session with regard to matters that are permissible for executive session discussion, and that providing such direction does not run afoul of the prohibition against taking final legislative action in executive session. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2-31 (a) of the City Code is hereby amended so as to read in its entirety as follows : Sec. 2-31 . Executive sessions. (a) The City Council, and any committee of the City Council, may, by two-thirds (2/3 ) majority vote of those members present and voting, hold an executive session upon announcement of the topic for discussion in the executive session, which announcement shall include a specific citation to the provision of this Section that authorizes the Council or Council committee to meet in executive session, and shall identify the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is to be held. Said executive session may be held only at a regular or special meeting and only for the purposes of considering any of the following matters and providing direction to City staff or other persons with regard to such matters : ( 1 ) Personnel matters restricted to those described in subparagraphs (a) through (d) below. Except as provided in subparagraph (c) below, "personnel matters" shall not include discussions concerning any member of the City Council or members of city boards and commissions, or discussions concerning the appointment of persons to fill such positions, or to discussions of personnel policies that do not require the discussion of matters personal to particular employees : a. Matters involving the hiring, appointment, dismissal, demotion, promotion, assignment and discipline of city personnel, and the review and discussion of the performance and proposed compensation and benefits of the City Manager, City Attorney or other direct City Council employees . b. Consideration of complaints or charges against individual city personnel, provided that such matter shall not be considered in executive session if the individual concerned requests that the matter be considered in open session. C . Consideration of actual or hypothetical situations involving potential conflicts of interests with individual Councilmembers or city board or commission members, provided that no executive session shall be held for the purpose of concealing the fact that a member of the City Council or of a city board or commission has a financial or personal interest in the purchase, acquisition, lease, transfer or sale of any real, personal or other property interest from the city. d. Consideration and discussion of strategy matters relating to negotiations with employee groups including unions . (2) Meetings with the City Attorney or other attorneys representing the city regarding litigation or potential litigation involving the city and/or the manner in which particular policies, practices or regulations of the city may be affected by existing or proposed provisions of federal, state or local law. (3 ) Consideration of water and real property acquisitions and sales by the city. (4) Consideration of electric utility matters if such matters pertain to issues of competition in the electric utility industry. (b) No final legislative action shall be taken by the city in executive session. Such final legislative action may be taken only in an open meeting. (c) Executive sessions shall be closed to the general public, but the City Council may permit any person or group to attend such sessions . Introduced and considered favorably on first reading and ordered published this 15th day of February, A.D . 2005 , and to be presented for final passage on the 1 st day of March, A.D . 2005 , Mayor ATTEST : City Clerk Passed and adopted on final reading this 1 st day of March, A.D . 2005 . Mayor ATTEST : City Clerk