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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/04/2001 - SECOND READING OF ORDINANCE NO. 131, 2001, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 14 FORT COLLINS CITY COUNCIL DATE: September 4,2001FROM Stephen J. Roy SUBJECT: Second Reading of Ordinance No. 131, 2001, Amending Sections 2-31, 2-33 and 2-73 of the City Code Pertaining to Executive Sessions. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: Ordinance No. 131, 2001,which was unanimously adopted on First Reading on August 21, 2001, makes certain amendments to the sections of the City Code pertaining to executive sessions. The amendments are generally similar to recent amendments to the State Open Meetings Law and would, among other things,require the tape recording of executive session discussions so that,if a member of the public believes that an executive session discussion has strayed from the appointed topic or that final legislative action was taken in an executive session, he or she could apply to the District Court with a request that all or a portion of the recording of the executive session discussion be made available for public inspection. AGENDA ITEM SUMMARY ITEM NUMBER: 24 FORT COLLINS CITY COUNCIL DATE: August 21, 2001FROM• Stephen J. Roy SUBJECT: First Reading of Ordinance No. 131,2001,Amending Sections 2-31,2-33 and 2-73 of the City Code Pertaining to Executive Sessions. RECOMMENDATION: f Staff recommends adoption of the Ordinance on First Reading s yw fi i F .y,o. EXECUTIVE SUMMARY: " This Ordinance would make certain amendments'to the sections of the City Code that pertain to executive sessions. The amendments are generally sitm'Iar to recent amendments to the State Open Meetings Law and would, am on ,o ngs, require'the tape recording of executive session discussions so that, if a mem _ c believes that an executive session discussion has Al strayed from the appointed topic or that final lejo r,.ive action was taken in an executive session, he or she could apply to the bistrict Court with aiegaest that all or a portion of the recording of the executive session discussion be made available for pudic inspection. BACKGROUND: The state legislature'has recentlyamended the State Open Meetings Law and the State Open Records Law in several respects. The general purpose of these amendments is to ensure that executive session discussions are limited to tT :toics.authorized for such discussions and to provide a mechanism for allowing public inspection of a record of executive session discussions in those instances where a reviewing court finds that the discussions strayed from the appointed topic or that formal action was taken in the session. As a home:rule city, Fort Collins has its own open meetings law. The City Charter and the City Code authorize the holding of executive sessions and specify the purposes for which executive sessions can 6e Itelc"l :Af present, no minutes are required to be taken of executive session discussions. Assutftthat the City Council agrees with the recent amendments to the state law, staff has proposed similar amendments to the City's open meetings law, while preserving certain differences that exist between the state and local laws. (For example,the purposes specified under the City Charter and Code for executive sessions differ from those enumerated in the state statute.) DATE: August 21,2001 2 ITEM NUMBER: 24 : The highlights of the proposed Ordinance are as follows: • The topic for a proposed executive session would have to be announced in as much detail as possible without cor4prom ising the purpose for which the executive session is to be held. • An audio recording would be made of all executive sessions. • The audio recordings would be held for at least 90 days. • The executive sessions could only be convened for the limited purposes specified in the City Charter and Code (personnel matters, legal matters, consideration of water and real property acquisition`s"and sales and eertain electric utility matters). • Language would be added to clarify two things with regard to personnel in It would be permissible to review aot only thekperformance, but also the proposed compensation and benefits,of the direct Pity Council employees Personnel discussions would generally not include discussions of Councilmembers or board or commission members, or to the appointment of persons to those apositlons, or to personnel policies as opposed to individual ern 1 ` n,. r k�e • Discussions co4ered by the attorney client privilege would not have to be tape recorded. s • If a person presents to the Larimer County District Court reasonable grounds to believe than an executive session discussion has deviated from its appointed ,topic,orthat final legislative action was taken in the executive session,the court would conduct an rrrcamera review;if itdetermined that a violation in either of these respects had occurr the offending portion of the executive session r, would be open to public inspection. If the court finds that the request for inspection was frivolous, vexatious or �17,, groundless,the court could order the requesting party to pay the City's attorney's fees and costs. (The amendments to the State Open Records Act would require the court to awardncwsts and reasonable attorney's fees to the applicant any time rttte City hasdenred a request for inspection and the court finds that the request should Have Cieen granted, unless the court also finds that the custodian of the records was genuinely unable to determine, without a court order, whether disclosure of the requested record was prohibited by law. This changes the earlier provisions of the Open Records Act that allowed an award of attorney's fees to the applicant only if the City's denial of a request for inspection was arbitrary or capricious).