(a) Meetings. The Council shall meet regularly at least twice every month at such time and place as the Council may prescribe by rule. Special meetings may be held on the call of the Mayor or of five or more members and, whenever practicable, upon no less than twenty- four hours’ notice to each member. All meetings shall be open to the public; however, the Council may hold an executive session during a regular, special or emergency meeting, in accordance with the provisions of this section. During the open portion of the meeting, prior to convening an executive session, the Mayor, or in the absence of the Mayor, the presiding member of Council, shall identify the authorization under this section for holding the executive session and present it to the Council and to the general public, but no decision may be made in the executive session and no final action thereon shall be taken by Council until the matter is placed on the agenda.
An executive session may be held only upon a majority affirmative vote of the Council members present. Council may hold an executive session and exclude the public only when a closed session is required for any of the following actions:
(1) To consider:
A. Matters arising from appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal or compensation of a City officer or employee, or prospective officer or employee unless the officer or employee or prospective officer or employee requests an open meeting; or
B. For the purpose of conducting a hearing on a complaint, charge or grievance against a City officer or employee, unless the public officer or employee requests an open meeting. General personnel policy issues may not be discussed or considered in a closed meeting. Final action by the Council for the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal or compensation shall be taken in an open meeting;
(2) To develop security personnel or devices;
(3) To consider matters involving or affecting the purchase, sale or lease of property, advance construction planning, the investment of public funds or other matters involving commercial competition, which if made public, might adversely affect the financial or other interest of the City; provided, that information relied on during the course of deliberations on matters involving commercial competition is exempt from disclosure under the open meeting requirements of this section only until the commercial competition has been finalized and completed; provided, however, that information not subject to release pursuant to the West Virginia Freedom of Information Act does not become subject to disclosure as a result of executive session.
(Passed by Council 9-14-99.)
(b) Rules and Journal. The Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record.
(c) Voting. Voting, except on procedural motions, shall be by roll call and the yeses and noes shall be recorded in the journal. Five members of the Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council, except as otherwise provided in the preceding sentence and in Section 2.06
, shall be valid or binding unless adopted by the affirmative vote of five or more members of the Council.
(Passed by Council 9-20-83)