HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/04/2014 - SECOND READING OF ORDINANCE NO. 026, 2014, AMENDINAgenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY March 4, 2014
City Council
STAFF
Steve Roy, City Attorney
SUBJECT
Second Reading of Ordinance No. 026, 2014, Amending Subsection 2-31(a)(2) of the City Code, Pertaining to
Executive Sessions Held for the Purpose of Meeting with Attorneys for the City.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 18, 2014, amends subsection 2-31(a) of
the City Code, which pertains to executive sessions held for the purpose of meeting with attorneys for the City.
The purpose of the amendment is to more closely conform to the language in Article II, Section 11 of the City
Charter.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, February 18, 2014 (PDF)
2. Ordinance No. 026, 2014 (PDF)
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Steve Roy, City Attorney
SUBJECT
First Reading of Ordinance No. 026, 2014, Amending Subsection 2-31(a)(2) of the City Code, Pertaining to
Executive Sessions Held for the Purpose of Meeting with Attorneys for the City.
EXECUTIVE SUMMARY
The purpose of this item is to amend subsection 2-31(a) of the City Code, which pertains to executive sessions
held for the purpose of meeting with attorneys for the City. The purpose of the amendment is to more closely
conform to the language in Article II, Section 11 of the City Charter.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City is a home rule municipality established under Article XX, Section 6 of the Colorado Constitution and,
as such, the City has its own set of laws governing the conduct of meetings held by its local officials.
Article II, Section 11 of the City Charter states that the City Council, during the course of a regular or special
meeting, may go into executive session for certain specified purposes. Those purposes are set forth in Article
II, Section 11 of the Charter. One of the purposes for which an executive session may be held under the
Charter is the purpose of consulting with attorneys representing the City regarding specific legal questions
involving litigation or potential litigation 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.
Section 2-31 of the City Code reiterates the purposes for which executive sessions may be held. Subsection
2-31(a)(2), which deals with executive sessions pertaining to legal matters, authorizes “meetings with the City
Attorney or other attorneys representing the City regarding litigation or potential litigation involving the City.”
That language does not limit such discussions to “specific legal questions.” Because the language in
Subsection 2-31(a)(2) might be construed as being in conflict with the City Charter, and because the City
Charter is the organic law of the City and supersedes any conflicting provisions of the City Code, the City
Attorney has recommended to the City Council that the wording of Code Section 2-31(a)(2) be amended to
clarify that executive session consultations with attorneys for the City regarding litigation or potential litigation
must be limited to the discussion of specific legal questions.
ATTACHMENT 1
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ORDINANCE NO. 026, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SUBSECTION 2-31(A)(2) OF THE CODE OF THE
CITY OF FORT COLLINS, PERTAINING TO EXECUTIVE SESSIONS HELD
FOR THE PURPOSE OF MEETING WITH ATTORNEYS FOR THE CITY
WHEREAS, the City is a home rule municipality established under Article XX, Section 6
of the Colorado Constitution and, as such, the City has its own set of laws governing the conduct
of meetings held by its local officials; and
WHEREAS, Article II, Section 11 of the City Charter states that the City Council, during
the course of a regular or special meeting, may go into executive session; and
WHEREAS, because executive sessions are closed to the public, they may only be held
for the purposes specified in Article II, Section 11 of the Charter; and
WHEREAS, one of the purposes for which an executive session may be held under the
Charter is the purpose of consulting with attorneys representing the City regarding specific legal
questions involving litigation or potential litigation 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; and
WHEREAS, Section 2-31 of the City Code reiterates the purposes for which executive
sessions may be held; and
WHEREAS, Subsection 2-31(a)(2), which deals with executive sessions pertaining to
legal matters, authorizes “meetings with the City Attorney or other attorneys representing the
City regarding litigation or potential litigation involving the City” without limiting such
discussions to “specific legal questions”; and
WHEREAS, because the language in Subsection 2-31(a)(2) might be construed as being
in conflict with the City Charter, and because the City Charter is the organic law of the City and
supersedes any conflicting provisions of the City Code, the City Attorney has recommended to
the City Council that the wording of Code Section 2-31(a)(2) be amended to clarify that
executive session consultations with attorneys for the City regarding litigation or potential
litigation must be limited to the discussion of specific legal questions; and
WHEREAS, the City Council agrees with this recommendation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 2.31(a)(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(2) Meetings with the City Attorney or other attorneys representing the City
regarding specific legal questions related to litigation or potential litigation involving the
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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.
. . .
Introduced, considered favorably on first reading, and ordered published this 18th day of
February, A.D. 2014, and to be presented for final passage on the 4th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 4th day of March, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk