HomeMy WebLinkAbout036 - 03/01/2005 - AMENDING SECTION 2-33(b) OF THE CITY CODE SO AS TO ELIMINATE CITY COUNCILS ABILITY TO GO OFF THE REC ORDINANCE NO. 036, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-33(b) OF THE CODE OF THE CITY OF FORT CO INS
SO AS TO ELIMINATE CITY COUNCIL'S ABILITY TO GO OFF THE ORD
DURING ATTORNEY-CLIENT COMMUNICATIONS THAT OC R
IN EXECUTIVE SESSION
WHEREAS, both the City Code and the Colorado Revised S tutes contain provisions
pertaining to open meetings, and both sets of regulations limit the ' ds of matters that may be
discussed by the City Council in executive session; and
WHEREAS,the open meetings provisions of the City C de,which are contained in Chapter
2, Division 2 of the Code, are based on the provisions of le 2, Section 11 of the City Charter;
and
WHEREAS,said Charter provision authorizes ecutive sessions for the following purposes:
discussing personnel matters;consulting with attom s representing the City regarding specific legal
questions including litigation or potential litigatio ,considering water and real property acquisitions
and sales; and considering certain electric utili matters; and
WHEREAS, the regulation of City ouncil meetings is a matter of purely local concern, so
that the City Code provisions governing eetings of the City Council supercede any conflicting
provisions of the State statutes; and
WHEREAS, both the State w and the City Code permit the Council to go off the record
during an executive session disc sion that constitutes privileged attorney-client communication,
so long as the audio recording f the executive session discussion reflects the fact that no further
record was kept of the disc sion based upon the opinion of the attorney for the City that the
discussion constitutes a pr' ileged attorney-client communication; and
WHEREAS, t City Council believes it to be in the best interest of the City to amend
Section 2-33 of the ity Code to eliminate the ability of the Council to go off the record during
executive sessions or the discussion of matters subject to the attorney-client privilege, so that a
record will be m ntained of such discussions in the event that judicial review of the discussions is
requested by a arty who is concerned that the discussion may have been improper.
NO , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLIN that Section 2-33(b) of the Code of the City of Fort Collins is hereby amended to read
as foll s:
(b) An audio recording shall be made of all discussions that occur in an executive
session of the City Council or a City Council committee.
FAILED ON FIRST READING - MARCH 1, 2005
Introduced and considered favorably on first reading and ordered published this 1 st day of
March, A.D. 2005, and to be presented for final passage on the 15th day of March, A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of March, A.D. 2005.
Mayor
ATTEST:
City Clerk