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The following shall constitute the procedures of Council during all meetings:
(a) Agenda. The agenda for each meeting of Council shall be determined by the President or the Presiding Officer in consultation with the Clerk and the Manager. Any Council member, the Clerk, the Manager or the Law Director may raise any question or request action by Council on any piece of business at any regular session of Council. The President or Presiding Officer shall have the power to add any item of business to the agenda at any regular or special meeting.
(b) Executive Sessions. Council may hold an executive session after a majority of a quorum of the Council determines, by a roll call vote, to hold such a session and only at a regular or special meeting, for the sole purpose of consideration of any of the following matters:
(1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing. Except as otherwise provided by law, Council shall not hold an executive session for the discipline of an elected official for conduct related to the performance of his official duties or for his removal from office. The motion and vote to hold the executive session shall state which one or more of the approved purposes listed in this subsection are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting.
(2) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of Council shall use this subsection as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member of Council that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.
If the minutes of the Council show that all meetings and deliberations of the Council have been conducted in compliance with this section, any instrument executed by the Manager or other City official purporting to convey, lease, or otherwise dispose of any right, title, or interest in any municipal property shall be conclusively presumed to have been executed in compliance with this section insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned.
(3) Conferences with the Law Director or legal counsel for the City concerning disputes involving the City that are the subject of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential by federal law or rules or state statutes;
(6) Specialized details of security arrangements where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law.
If Council holds an executive session to consider any of the matters listed in this section, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session. Minutes of an executive session shall be taken by the Clerk or member of Council and shall be open to public inspection; provided, however, that the minutes need only reflect the general subject matter of discussion in executive session.
(c) Order of Business. The order of business of Council during regular meetings shall be as follows:
(1) Call to order.
(2) Pledge of Allegiance.
(3) Roll call.
(4) Approval of previous Council meeting minutes.
(5) (EDITOR’S NOTE: Former subsection (c)(5) was repealed by Ordinance 2523, passed April 2, 2009.)
(6) Manager's report.
(7) Planning Commission report.
(8) Council Committee reports.
(9) Hearing of persons before Council:
A. Those persons on agenda.
B. General public participation.
(10) Old business.
(11) New business.
(12) Consideration of ordinances and resolutions.
(13) Review of expenditures.
(14) Executive sessions as stipulated in subsection (b) hereof.
(15) Any other business to come before Council.
Public hearings shall be held as required by law. The above order of business may be altered by the Presiding Officer.
(d) Rules of Council. The following shall be the general rules of Council during all meetings:
(1) The Presiding Officer shall at all times preserve order and decorum during all sessions of Council. He may cause the Council Chambers to be cleared during any session and may require a police officer to be present if deemed necessary.
(2) All ordinances and resolutions shall be drawn for consideration by the Law Director and may be drawn upon the request of the Presiding Officer, Manager, Finance Director, Clerk or any member of Council.
(3) The Presiding Officer of Council, or at the request of any other Councilman in attendance, may move to limit the hearing of persons before Council and general public participation to ten minutes or less of Council time for each person wishing to address Council. Should a matter be unresolved within the time allowed, then such Presiding Officer may refer the matter under discussion to the proper committee, and continue with agenda items.
(Ord. 1304. Passed 12-13-90; Am. Ord. 1641. Passed 12-14-95; Am. Ord. 2364. Passed 10-12-06.)