(a) Definition and Purpose. Executive sessions are nonpublic sessions that may be held only during regular or special meetings and only to discuss limited matters. Only persons invited by Council may attend, and Council may permit anyone it chooses to attend. The session shall be limited to discussions regarding the reason(s) such session was called and shall not stray from that topic. There shall be no voting in executive session.
(b) Allowable Reasons to Adjourn Into Executive Session.
(1) Collective bargaining. Council may adjourn into executive session to prepare for, conduct, or review collective bargaining strategy.
(2) Conferences with legal counsel. Council may adjourn into executive session with the Director of Law or other legal representative of Council to discuss pending or imminent court action. Court action is pending if a lawsuit has been commenced; court action is imminent if it is on the point of happening, is impending, or has been threatened. Executive session is also permissible to receive general legal advice, as long as the session is of an investigative and information-seeking nature, and does not involve actual deliberations of public business.
(3) Confidential matters. Council may adjourn into executive session to discuss matters required to be kept confidential by federal law, federal rules, or state law.
(4) Considering the sale or purchase of property. Council may adjourn into executive session to consider the purchase of real or personal property. Executive session is also allowable to consider the sale of property by competitive bidding if disclosure of information to the public would result in a competitive advantage to one side.
(5) Personnel. Council may adjourn into executive to consider the appointment, employment, dismissal, discipline, promotion, demotion or compensation of a public employee or to consider the investigation of charges or complaints against such person. Council may also adjourn into executive session to consider the appointment of a public official, or to consider the investigation of charges or complaints against such person. Council shall not hold an executive session to consider the discipline of a public official for conduct related to the performance of the person's official duties or to consider the official's removal from office.
(6) Security arrangements. Council may adjourn into executive session to discuss specialized details of security arrangements where disclosure might reveal information that could be used to commit, or avoid prosecution for, a violation of the law.
(7) Other provisions. Council may adjourn into executive session for any other reason allowed by law.
(c) Procedure. A quorum must be present at a properly called open regular or special meeting. Executive sessions may not be held during emergency meetings. An executive session must always begin and end in an open meeting. There must be a motion to adjourn into executive session, specific as to the matter to be discussed. For instance, if the purpose is to discuss a personnel-related matter, it is not sufficient to move for an executive session to discuss “personnel”. The motion must specify one or more of the listed purposes under the personnel exception (e.g., “to discuss the dismissal of a public employee"). The motion does not need to be specific as to the employee's name or type of misconduct. The vote on the motion to adjourn into executive session shall be by roll call vote and must be approved by a majority vote.
(d) Adjournment. There must be a motion made to adjourn the executive session. After the motion is made, it must be seconded, and the vote to adjourn from executive session must be made by roll call vote and must be approved by a majority vote.
(Ord. 03-16. Passed 11-17-03.)