HomeMy WebLinkAbout025 - 03/15/2005 - AMENDING SECTION 2-31 OF THE CITY CODE SO AS TO CLARIFY THAT CITY COUNCIL CAN PROVIDE DIRECTION TO C r
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
SO AS TO CLARIFY THAT CITY COUNCIL CAN PROVIDE DIRECTION
TO CITY STAFF OR OTHER PERSONS DURING 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 Chapter
2, Division 2 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,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, 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 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,
through individual expressions of opinion, 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 1 st day of
March, A.D. 2005, and to be presented for final passage on the 15th day of March, A.D. 2005.
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Mayor
ATTEST: QnIL
City Clerk
Passed and adopted on final reading this 15th day of March, A.D. 2005.
Mayor -
ATTEST:
City Clerk