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HomeMy WebLinkAbout2018CV01 - SUTHERLAND V. CITY OF FORT COLLINS, ET AL - 022W - FORT COLLINS MUNICIPAL CODE CHAPTER 2 ARTICLE II DIVISION 3Administration - City Council Div. 2 Meetings - § 2.33 C (e) The record of an executive session of the City Coun- cil or Council committee recorded pursuant to Subsection (b) of this Section shall be retained for at least ninety (90) days after the date of the executive session. (Ord. No. 22, 1990, §§ 1, 5, 3-13-90; Ord. No. 91, 1992, § 7, 945- 92; Ord. No. 131, 2001, § 2, 9-4-0 1; Ord. No. 077, 2008, § 3, 7-15- 08) Sec. 2-34. Place of posting. The vestibule at the south entrance of City Hall West, 300 LaPorte Avenue, is designated as the proper place for the posting of public notice of: (1) Any agenda items for regular City Council meetings that were not included in the published agendas for such meetings; (2) Special meetings of the City Council and agenda information for such meetings when available; and (3) Meetings of City Council committees for which public notice is required to be given pursuant to Sub- section 2-32(c), and agenda information for such meetings when available. When possible, all such notices should also be posted on the City's website. (Ord. No. 91, 1992, § 8, 9-15-92; Ord. No. 111, 1995, § 1, 9-5-95; Ord. No. 034, 2006, § 2, 3-21-06; Ord. No. 077, 2008, § 4, 7-15- 08) Sec. 2-35. Removal from meetings. The presiding officer may order the removal from a City Council meeting or a City Council committee meeting of any person who significantly and intentionally disrupts such meeting by failing to comply with the requirements of the presiding officer in maintaining order during the meeting. (Code 1972, § 2-2(C); Ord. No. 22, 1990, §§ 1, 4, 3-13-90; Ord. No. 91, 1991, § 2, 8-6-91; Ord. No. 91, 1992, § 5, 9-15-92; Ord. No. 120, 1999, § 2, 8-3-99; Ord. No. 020, 2013, 2-26-13) Secs.2-36-2-45. Reserved. Division 3 Appeals Procedure Sec.2-46. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section: Cross -references -Appeals from the Liquor Licensing Authority, § 3-36; appeals from the Building Review Board may be heard by the City Council, § 5-312; appeals from the decision of the City regarding alarm permits to the City Council, § 15-36; appeals from the determinations of the Building Re- view Board regarding alarm permits to the City Council, § 15-41(b); disap- proval of pawnbroker's license may be appealed to the City Council, § 15- 265(c); applicant for license regarding places of entertainment may appeal the decision to the City Council, § 15-298; appeals from the denial of the secondhand dealer's license to the City Council, § 15-318(d); appeals for de- nial of a license for a mobile home park may be appealed to the City Council, § 18-5(d). Appellant shall mean a party -in -interest who has taken an appeal from a board, commission or other decision maker to the City Council by the filing of a notice of appeal. Applicant shall mean the person who or organization which submitted the application to the board, commis- sion or other decision maker whose decision has been appealed. Evidence shall mean any information, whether in verbal, written, graphic or other form, presented at the hearing to support or refute a particular proposition or conclusion. Evidence shall not include argument as to how infor- mation offered as evidence should be viewed by the City Council. Final decision shall mean the action of a board, commis- sion or other decision maker by a vote of a majority of its members when no further rehearing is available before such board, commission or other decision maker; provid- ed, however, that a recommendation to the City Council from a board, commission or other decision maker shall not be considered as a final decision of that board, com- mission or other decision maker. New evidence shall mean any evidence relating to the proposal or application which was the subject of final decision by a board, commission or other decision maker and which was not presented at the hearing before such board, commission or other decision maker. New evi- dence does not include modifying, highlighting, underlin- ing, italicizing or otherwise emphasizing certain portions of writings or graphics presented to the original decision maker as long as any modified graphic presented to the City Council at the appeal hearing is accompanied by the original graphic. Party -in -interest shall mean a person who or organization which has standing to appeal the final decision of a board, commission or other decision maker. Such stand- ing to appeal shall be limited to the following: (1) The applicant; (2) Any party holding a proprietary or possessory interest in the real or personal property which was the subject of the decision of the board, commission or other decision maker whose action is to be ap- pealed; (3) Any person to whom or organization to which the City mailed notice of the hearing of the board, commission or other decision maker; (4) Any person who or organization which provided written comments to the appropriate City staff for Supp. No. 111 2-5 Administration - City Council Div. 3 Appeals Procedure - § 2-46 delivery to the board, commission or other decision maker prior to or at the hearing on the matter which is to be appealed; (5) Any person who or organization which appeared before the board, commission or other decision mak- er at the hearing on the action which is to be ap- pealed; (6) The City Council as represented by the request of a single member of the City Council. (Code 1972, § 3A-2; Ord. No. 67, 1993, § 1, 7-20-93; Ord. No. 53, 1997, § 2, 3-18-97; Ord. No. 088, 2006, § 1, 6-6-06; Ord. No. 066, 2014, 5-20-14) Cross -reference -Definitions and rules of construction generally, § 1-2. Sec. 2-47. Certain appeals to be taken to City Coun- cil. Appeals taken from decisions made by any of the follow- ing boards, commissions or other decision makers shall be taken to the City Council in the manner set forth in this Division: (1) Building Review Board; (2) Fire Board of Appeals; (3) Landmark Preservation Commission; (4) Planning and Zoning Board, except for deci- sions made under Sections 22-32-124 and 31-23-209, C.R.S.; (5) A "decision maker" under the provisions of Sec- tion 2.2.12 of the Land Use Code; (6) Water Board; (7) Zoning Board of Appeals. (Code 1972, § 3A-1; Ord. No. 117, 1996, § 3, 9-17-96; Ord. No. 53, 1997, § 1, 3-18-97; Ord. No. 28, 1998, § 2, 3-17-98; Ord. No. 066, 2014, 5-20-14) Editor's note ---Paragraph (4) formerly referred to the Building Contractor Licensing Board, which is no longer in existence, being replaced by the Building Review Board pursuant to Ord. No. 93, 1987. The editor has, therefore, deleted former Paragraph (4) and has renumbered Paragraphs (5)--(7) as (4)-46). Cross -references -Building Review Board, § 2-117 et seq.; Landmark Preser- vation Commission, § 2-276 et seq.; Planning and Zoning Board, § 2-351 et seq.; Water Board, § 2-436 et seq.; Zoning Board of Appeals, § 2-451 et seq.; Fire Board of Appeals, §§ 9-2, 9-3. Sec. 2-48. Appeal of final decision permitted; effect of appeal; grounds for appeal. (a) A party -in -interest may appeal to the City Council the final decision of any board, commission or other decision maker to which this appeal procedure applies in the manner provided in this Division. Any action taken in reliance upon any decision of a board, commission or other decision maker that is subject to appeal under the provisions of this Division shall be totally at the risk of the person(s) taking such action until all appeal rights related to such decision have been exhausted, and the City shall not be liable for any damages arising from any such action taken during said period of time. (b) Except for appeals by members of the City Council, the permissible grounds for appeal shall be limited to allegations that the board, commission or other decision maker committed one (1) or more of the following errors: (1) Failure to properly interpret and apply relevant provisions of the Code and Charter. (2) Failure to conduct a fair hearing in that: a. The board, commission or other decision maker exceeded its authority or jurisdiction as contained in the Code or Charter; b. The board, commission or other decision maker substantially ignored its previously estab- lished rules of procedure; c. The board, commission or other decision maker considered evidence relevant to its find- ings which was substantially false or grossly misleading; d. The board, commission or other decision maker improperly failed to receive all relevant evidence offered by the appellant; or e. The board, commission or other decision maker was biased against the appellant by rea- son of a conflict of interest or other close busi- ness, personal or social relationship that interfered with the decision maker's independ- ence of judgment. (c) Appeals filed by members of the City Council need not include specific grounds for appeal, but shall include a general description of the issues to be considered on appeal. Upon the filing of any such appeal, the director of the affected City service area shall identify the specific Code provisions that may pertain to the issues raised by such appeal and shall provide such information to the City Clerk prior to the date that the notice of hearing on the appeal is to be mailed by the City Clerk to parties -in - interest under § 2-52 of this Division. Said information shall then be mailed to the parties -in -interest together with the notice of hearing. Councilmembers who file an appeal may participate in hearing such an appeal in the same manner as they participate in hearing appeals filed by other parties -in -interest. (Code 1972, § 3A-3; Ord. No. 124, 1987, § 1, 9-1-87; Ord. No. 23, 1990, § 1, 4-3-90; Ord. No. 59, 1994, § 1, 4-19-94; Ord. No. 88, 1995, § 1, 8-1-95; Ord. No. 53, 1997, § 2, 3-18-97; Ord. No. 234, 1998, § 1, 1-5-99; Ord. No. 090, 2006, 6-6-06; Ord. No. 131, 2011, § 1, 2-21-12; Ord. No. 066, 2014, 5-20-14) 2-6 Supp. No. 111 Administration - City Council Div. 3 Appeals Procedure - § 249 O Sec. 2-49. Filing of notice of appeal; no other written materials. (a) An appeal shall be taken by filing a notice of appeal of the final decision of a board, commission or other decision maker to which this Division applies with the City Clerk within fourteen (14) calendar days after the action which is the subject of the appeal. Such notice of appeal shall be on a form provided by the City Clerk, shall be signed by all appellants and shall include the following: (1) The action of the board, commission or other decision maker which is the subject of the appeal; (2) The date of such action; (3) The name, address, telephone number and rela- tionship of each appellant to the subject of the action of the board, commission or other decision maker; (4) In all appeals except those filed by members of City Council, the grounds for the appeal, including specific allegations of error and a summary of the facts contained in the record on appeal which support those allegations; (5) In the case of an appeal alleging under Subpara- graph 2-48(b)(2)c. above that a board, commission or other decision maker considered evidence relevant to its findings that was substantially false or grossly misleading, any new evidence the appellant wishes to submit at the hearing on the appeal in support of this allegation; (6) In the case of an appeal filed by more than one (1) appellant, the name, address and telephone num- ber of one (1) such appellant who shall be authorized to receive, on behalf of all appellants, any notice re- quired to be mailed by the City to the appellants un- der the provisions of § 2-52 of this Division; and (7) Any other information required by the City Clerk. (b) No information other than that specified in Subsec- tion (a) above shall be included in or attached to the no- tice of appeal. (Code 1972, § 3A-4; Ord. No. 111, 1989, § 1, 8-1-89; Ord. No. 23, 1990, § 2, 4-3-90; Ord. No. 67, 1993, § 2, 7-20-93; Ord. No. 88, 1995, § 2, 8-1-95; Ord. No. 53, 1997, § 2, 3-18-97; Ord. No. 131, 2011, § 2, 2-21-12; Ord. No. 066, 2014, 5-20-14) Sec. 2-50. Cost of appeal. In all appeals, except those filed by members of the City Council, the appellant shall be charged a fee of one hun- dred dollars ($100.) for the cost of the appeal, to be paid to the City Clerk at the time of the filing of the notice of appeal. (Code 1972, § 3A-7; Ord. No. 23, 1990, § 4, 4-3-90; Ord. No. 066, 2014,5-20-14) Sec. 2-51. Record on appeal. Any appeal to the City Council shall be an appeal on the record of the hearing before the board, commission or other decision maker. The record provided to the City Council shall include the following: (1) All exhibits, including, without limitation, all writings, drawings, maps, charts, graphs, photo- graphs and other tangible items received or viewed by the board, commission or other decision maker at the proceedings; (2) A verbatim transcript of such proceedings be- fore the board, commission or other decision maker. The cost of the transcript shall be borne by the City. If a verbatim transcript of the proceedings does not exist and cannot be produced, whether due to an equipment malfunction or clerical error, or for any other reason, the decision that is the subject of the appeal will be re -heard before the decision maker af- ter notice as required by the relevant provisions of this Code or the Land Use Code, whichever is appli- cable, and the appeal shall be terminated. (3) If available, a videotape recording of such pro- ceedings before the board, commission or other deci- sion maker. The cost of reproducing any such videotape for review by the City Council shall be bome by the City. Additional copies shall be provid- ed to any party -in -interest requesting the same within a reasonable period of time prior to the date for hear- ing the appeal, at a cost not to exceed the actual re- production costs incurred by the City. (Code 1972, § 3A-8; Ord. No. 174, 1988, § 1, 12-20-88; Ord. No. 23, 1990, §§ 5, 6, 4-3-90; Ord. No. 59, 1994, § 3, 4-19-94; Ord. No. 5, 1995, 2-7-95; Ord. No. 53, 1997, § 2, 3-18-97; Ord. No. 066, 2014, 5-20-14) Sec. 2-52. Scheduling of the hearing. In the event of an appeal, the City Clerk shall schedule the hearing on the appeal for a date as early as reasonably practicable but no more than seventy-five (75) calendar days after the date of filing of the notice of appeal. Writ- ten notice of the date, time and place of the hearing shall be mailed by the City Clerk to the appellant and all other parties -in -interest no less than ten (10) calendar days prior to the date of said hearing. Said notice shall also include a copy of the notice of appeal and shall inform the parties -in -interest of the period of time within which Supp. No. 111 2-7 Administration — City Council Div. 3 Appeals Procedure — § 2-52 any new evidence permitted under Paragraph 2-55(b)(1) or (2) below must be submitted. (Code 1972, § 3A-9; Ord. No. 88, 1995, § 4, 8-1-95; Ord. No. 151, 1996, 12-17-96; Ord. No. 234, 1998, § 4, 1-5-99; Ord. No. 088, 2006, § 2, 6-6-06; Ord. No. 131, 2011, § 2-21-12; Ord. No. 066, 2014, 5-20-14) Sec. 2-53. Site inspection/no ex parte contacts. (a) Councilmembers may inspect the site of an overall development plan, project development plan or other proposal that is the subject of an appeal, either alone or with City staff present, for the purpose of gaining a better understanding of the physical characteristics of the site and the surrounding area, as well as the issues on appeal. If a Councilmember wishes to schedule a site inspection with City staff present, he or she shall, no later than ten (10) days after the filing of the notice of appeal, request that the City Manager schedule such inspection. Upon receipt of such a request, the City Manager shall forth- with schedule the inspection for a date and time when he or she believes that a majority of the Councilmembers wishing to inspect the site will be able to attend. The City Clerk shall, no less than five (5) days prior to the date of the site inspection, mail notice of such inspection to the appellant and to all parties -in -interest to whom notice of the appeal hearing was sent by the City Clerk under Sec- tion 2-52 above. The appellant and all other parties -in - interest shall be entitled to attend such scheduled inspec- tion, along with any members of City staff whose pres- ence is requested by the City Manager. Failure to mail notice to any party -in -interest shall not affect the sched- uling or validity of any proceeding held or determination made under this Division. Upon receipt of any notice returned by the U.S. Postal Service marked as undeliver- able for any reason, the City Clerk may exclude the par- ty -in -interest to which such notice had been mailed from any future mailings related to the appeal that was the subject of the returned notice. (b) Any Councilmembers conducting a site inspection under the provisions of Subsection (a) above, either alone or with City staff present, shall, at the hearing on the appeal, state on the record any observations they made or conversations they had at the site which they believe may be relevant to their determination of the appeal. (c) Nothing in this Section shall be construed to author- ize any Councilmember or other officer or employee of the City to enter upon any parcel of real property that is not open to the public without the permission of the own- er of such property or the permission of such other per- son or entity as may be lawfully in possession of the property. (d) In order to afford all parties -in -interest a fair oppor- tunity to respond to the information upon which the City Council is to base its decision on appeal, and in order to preserve the impartiality of Councilmembers hearing the appeal, all Councilmembers who intend to participate in hearing the appeal shall, to the extent reasonably possi- ble, avoid communications with parties -in -interest and members of the general public regarding the merits of the appeal prior to the hearing on the appeal. (Ord. No. 088, 2006, § 3, 6-6-06; Ord. No. 003, 2008, § 19 2-5-08; Ord. No. 131, 2011, § 5, 2-21-12; Ord. No. 066, 2014, 5-20-14) Sec. 2-54. Procedure at the hearing. (a) At the hearing on the appeal by the City Council, the presentation of argument on the merits of the appeal shall be made in the following order, subject to such limita- tions in time and scope as may be imposed at the discre- tion of the Mayor: (1) Explanation of the nature of the appeal and presentation by City staff; (2) Comments by Councilmembers who have in- spected the site pursuant to Subsection 2-53(a) above; (3) Consideration of any procedural issues identi- fied under Subsection (c) below; (4) Presentation of argument by the appellant and any party -in -interest in support of the appeal; (5) Presentation of argument by any party -in - interest who is an opponent of the appeal; (6) Rebuttal presentation by the appellant and any party -in -interest in support of the appeal; (7) Rebuttal presentation by any party -in -interest who is an opponent of the appeal; (8) Councilmember questions of City staff and par- ties -in -interest; and (9) Motion, discussion and vote by the City Coun- cil. (b) Factors to be considered in determining the period of time for the presentation of argument on the merits of an appeal shall include, but not be limited to, the complexity of the issues raised in the notice of appeal, the length of the record on appeal, the potential impact that the deter- mination of the appeal may have on the community at large and the number of parties -in -interest who wish to address the Council with regard to the merits of the ap- peal. 2-8 Supp. No. 111 Administration — City Council Div. 3 Appeals Procedure — § 2.54 G C (c) Prior to hearing the presentation of argument on the merits of the appeal, the Mayor may, in his or her discre- tion, establish a separate period of time during which the Council may first consider and determine, by majority vote, any procedural issues related to the hearing of the appeal, including, but not limited to, the possible intro- duction or exclusion of certain evidence, the period of time to be allowed by the Mayor for presentation of ar- gument on the merits of the appeal and any concerns or objections related to the record on appeal. (d) No person making a presentation to the City Council shall be subject to cross-examination except that mem- bers of the City Council and the City Attorney may in- quire of such person for the purpose of eliciting information and for the purpose of clarifying information presented. (e) In the event of multiple appeals involving the same decision of a board, commission or other decision maker, the Mayor, in his or her discretion, may modify the pro- cedure contained in Subsection (a) above so as to expe- dite the hearing of such appeals. (Code 1972, § 3A-10; Ord. No. 124, 1987, § 2, 9-1-87; Ord. No. 174, 1988, §§ 2, 3, 12-20-88; Ord. No. 111, 1989, § 4, 8-1-89; Ord. No. 23, 1990, § 7, 4-3-90; Ord. No. 139, 1990, 1-15-91; Ord. No. 59, 1994, § 4, 4-19-94; Ord. No. 53, 1997, § 2, 3-18-97; Ord. No. 003, 2008, § 2, 2-5-08; Ord. No. 131, 2011, § 6, 2-21-12; Ord. No. 066, 2014, 5-20-14) Sec. 2-55. Written materials; new evidence; scope of review; alternative actions available to the City Council; date of final action. (a) The City Council shall consider an appeal based upon the record on appeal, the relevant provisions of the Code and Charter, the grounds for appeal cited in the notice of appeal and the arguments made by parties -in - interest at the hearing on the appeal; provided, however, that issues raised during the presentation of argument but not raised in the notice of appeal shall not be considered by the City Council in deciding the appeal. (b) No written materials related to an appeal, other than the notice of appeal and the record on appeal, shall be presented to the City Council before or during an appeal hearing, and no new evidence shall be considered on appeal, except that new evidence in oral or written form may be submitted and considered under the following circumstances: (1) When offered in support of or in opposition to an allegation under Subparagraph 2-48(b)(2)c. of this Article that a board, commission or other decision maker considered evidence relevant to its findings which was substantially false or grossly misleading; (2) When offered in support of or in opposition to an allegation of bias under Subparagraph 2- 48(b)(2)e. of this Division; (3) When offered by City staff or parties -in -interest in response to questions presented by Councilmem- bers under Subsection 2-54(a) or (d) above; or (4) When offered by Councilmembers after inspect- ing the site of the project development plan or other proposal that is the subject of an appeal pursuant to the provisions of § 2-53 of this Article. (c) Any new evidence permitted under Paragraphs (b)(1) or (2) above and submitted prior to the hearing or offered at the appeal hearing by City staff or parties -in -interest shall be limited to that which is either: (1) Described in the notice of appeal; (2) Submitted to the City Clerk in writing at least seven (7) days prior to the appeal hearing by any par- ty -in -interest opposed to the appeal; or (3) Provided to the City Council by City staff prior to or during the appeal hearing. (d) Any party -in -interest who believes that new evidence has been improperly introduced into the appeal hearing may, at any time during the hearing, interrupt the pro- ceedings and object to the Council's consideration of such evidence. If such an objection is made, the Mayor shall rule on the objection, after consultation With the City Attorney if necessary, and the evidence shall either be received and considered by the Council or disregarded by the Council in accordance with the ruling of the Mayor; provided, however, that the Mayor's ruling on this or any other procedural issue raised during the course of the hearing may be overridden by a majority of the Council. The failure of a party -in -interest to make such an objection shall constitute a waiver of the same by that party -in -interest for the purpose of any court appeal of the Council's decision. (e) In considering an allegation that a board, commis- sion or other decision maker failed to properly interpret and apply the relevant provisions of the Code or Charter asserted under Paragraph 2-48(b)(1) of this Article, the City Council shall determine how such provisions should, in the City Council's judgment, be applied to the evidence contained in the record on appeal. (f) At the conclusion of such hearing, the City Council shall uphold, overturn or modify the decision of the board, commission or other decision maker; provided, however, that: Supp. No. 1 I i 2-9 Administration - City Council Div. 3 Appeals Procedure - § 2-55 (1) The City Council shall instead remand the mat- ter for rehearing if it finds that the appellant was de- nied a fair hearing before the board, commission or other decision maker for any of the reasons stated in Paragraph 2-48(b)(2) of this Article. (2) The City Council may also remand the matter for rehearing in order for the board, commission or other decision maker to receive and consider addi- tional information with regard to any issue raised on appeal. Any such remand shall include direction from the City Council to the board, commission or other decision maker as to the issues to be considered at the rehearing. (g) No later than the date of its next regular meeting, the City Council shall adopt, by resolution, findings of fact in support of its decision. The date of passage of such reso- lution shall be the date of final action of the City Council for the purpose of any subsequent judicial review of the decision of the City Council. (Code 1972, § 3A-11; Ord. No. 124, 1987, § 3, 9-1-87; Ord. No. 23, 1990, § 8, 4-3-90; Ord. No. 67, 1993, § 3, 7-20-93; Ord. No. 59, 1994, § 5, 4-19-94; Ord. No. 88, 1995, § 5, 8-1-95; Ord. No. 53, 1997, § 2, 3-18-97; Ord. No. 234, 1998, § 5, 1-5-99; Ord. No. 088, 2006, § 4, 6-6-06; Ord. No. 089, 2006, 6-6-06; Ord. No. 003, 2008, § 3, 2-5-08; Ord. No. 131, 2011, § 7, 2-21-12; Ord. No. 066, 2014, 5-20-14) Secs.2-5C-2-70. Reserved. ARTICLE III. BOARDS AND COMMISSIONS ; Division 1 Generally Sec. 2-71. Meetings defined, open meetings required; exceptions. (a) The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section: Meeting shall mean any gathering of a quorum or three (3) or more members, whichever is fewer, of any board or commission of the City, or any committee of such board or commission, at which any public business is discussed or at which any formal action may be taken, but shall not mean any chance meeting or social gather- ing at which the discussion of public business is not the central purpose. Charter references --Appointive boards, Art. IV, § 1; Water Board Art. X11, § 7. Crass -references -Open meetings, § 2-77 et seq.; Liquor Licensing Authori- ty established, § 3-3 1; Board of Elections created, § 7-26; Personnel Board created, § 21-26; Board of Trustees of the Firefighter;' Pension Plan created, § 21-42; Retirement Committee created, § 21-86. Personnel Board, §§ 21-26 through 21-30, dissolved by Ord. No. 165, 2005, adopted 12-20-05. (b) All meetings of boards and commissions of the City, and all meetings of any committees of such boards and commissions, shall be open to the public at all times, except that any board or commission, upon the affirma- tive vote of two-thirds (%) of the quorum present, may go into executive session for the purpose of considering such matters as would be permissible for consideration by the City Council in executive session, as enumerated in Subsection 2-31(a) above, insofar as such matters may be pertinent to the purposes for which the board or com- mission has been established by the City Council. (c) No final policy decisions shall be made, nor shall any resolution be passed or other formal action taken by any board or commission in executive session. (d) The following shall be exempted from the provisions of this Section: (1) The trustees of the police, fire and general em- ployees' pensions shall have the authority to meet in executive session for the purpose of reviewing pen- sion applications, medical records, personnel records and reports and discussing pending as well as previ- ously granted pensions with board attorneys. (2) The review subcommittees of the Citizen Re- view Board, as described in Subsection 2-138(d), shall meet in executive session for the purpose of re- ceiving and considering evidence relating to internal investigations conducted by Police Services unless the police officer(s) or community service officer(s) against whom the complaint is filed requests that the matter be considered in open session. If such a re- quest is made, the subcommittee shall determine the extent to which the consideration and discussion of evidence will occur in open session. In making this determination, the subcommittee shall consider the extent to which the consideration and discussion will directly concern personnel matters of the officer(s), the need to maintain the confidentiality of public in- formation in circumstances where the dissemination of the information would do substantial injury to the public interest and any other constraints upon public dissemination imposed by law. (Ord. No. 83, 1990, § 2, 9-4-90; Ord. No. 83, 1992, § 1, 7-21-92; Ord. No. 91, 1992, § 9, 9-15-92; Ord. No. 76, 1998, § 2, 8-4-98; Ord. No. 17, 2000, § 1, 3-7-00; Ord. No. 130, 2002, § 7, 9-17-02) 2-10 Supp. No. I I I