(a) The Council may adopt rules, regulations, or by-laws for the conduct of its business and shall hold regular meetings at least twice in each calendar month with the exception of the months of June, July, and August, during each of which months Council may, at its discretion, dispense with one of its regular meetings. Council shall hold such special meetings as may be found necessary, which may be called by the Clerk upon the written request of the Mayor or upon the written request of three (3) members of Council. Any such vote or request for the calling of a special meeting shall state the subject or subjects to be considered thereat, and no other subject or subjects shall be considered except upon the approval of five (5) or more of the members of Council in attendance at such special meeting. Twenty-four (24) hours' notice in writing of such special meeting, if called by the Mayor or by three (3) members of Council, shall be given to each member of Council and to the Mayor by personal service or by delivery thereof at their usual places of residence, but members of Council may waive such notice by their attendance at such special meeting.
(b) Meetings of Council, including all meetings of the Committee of the Whole, shall be held in the Council Chambers of the Municipality, except that an alternative location shall be designated by the Clerk upon the request of the Mayor or any three (3) members of Council when:
(1) There is reason to believe that the seating available in Council Chambers will not be adequate to accommodate the members of the public who are expected to attend the meeting;
(2) When Council Chambers are unavailable due to damage, construction, or usage for another governmental purpose;
(3) When Council wishes to hold a joint meeting with another governmental unit;
(4) When Council is engaged in fact finding related to a specific site or location; or
(5) When approved during the course of the previous regular or special meeting of Council by a vote of two-thirds (2/3) of the members elected to Council.
Designation of an alternative location for a Council or Committee of the Whole meeting shall be made no later than the preceding regular meeting of Council and notice of such alternative location shall be posted in the same manner as legislation of the Municipality.
(c) Council, Committee of the Whole, all Council committees, and all boards, commissions, and committees established under this Charter or by ordinance or resolution of Council are public bodies of the Municipality. All meetings of every public body of the Municipality shall be public meetings open to the public at all times except as provided below. No ordinance, resolution, or motion shall be approved except at such public meeting; provided, however, that the public body may hold an executive session if a majority of a quorum so determines by a roll call vote to hold such a session at a regular or special meeting for the sole purpose of the consideration of the following matters:
(1) 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, no public body shall 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. If a public body holds an executive session pursuant to this subsection, the motion and vote to hold that 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) The purchase, lease, or sale of property if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose private interests are adverse to those of the Municipality;
(3) Contract negotiations, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose private interests are adverse to those of the Municipality;
(4) Conference with an attorney for the public body concerning pending or imminent court action involving the public body;
(5) Preparation for, conduct, or review of negotiations or bargaining sessions with public employees;
(6) Matters required to be kept confidential by federal law or rule or state statutes; or
(7) Security arrangements where disclosure of matters discussed might reveal information that could be used to commit or avoid prosecution for a violation of the law.
Any ordinance, resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body.
Any ordinance, resolution, or formal action of any kind adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were conducted in an executive session held in accordance with the provisions of this Charter. However, a violation of this section does not prevent the public body from subsequently taking formal action on the same subject matter after the public body has deliberated on the subject matter in an open public meeting.
The Council may invite any person into an executive session to provide advice or information to the Council concerning the subject matter of the executive session, provided such person is acting in an advisory capacity to Council and is not acting as a representative of an adverse party.
(d) Council shall provide by ordinance for the implementation of this section, for public notice of meetings of boards, commissions, committees, and agencies, and for public inspection of minutes and records required by law to be kept by boards, commissions, committees, agencies, and officials. Council may provide penalties for the violation of this section and any ordinance adopted pursuant to this section.
(Amended 11-8-05.)
(Amended 11-8-05.)