(a) No elected or appointed official or employee of the Village of North Perry shall disclose to any person other than the Mayor, another Council member or the Village Solicitor or use, without appropriate authorization by a vote of the majority of Council, any information acquired in the course of his or her official duties which has been clearly designated by the Mayor, or other presiding officer of the meeting, to him or her as confidential when such confidential designation is warranted because of the status of the proceedings or the circumstances under which the information was received, and preserving its confidentiality is necessary to the proper conduct of business. Designation of confidential information may be declared at Executive Session or an open meeting by the presiding officer, which designation may only be overruled by a vote of the majority of the members of Council present at the meeting.
(b) All matters discussed and all documents provided in Executive Session are considered confidential unless by majority vote of Council any part or all of such discussion and/or documents that were received are released from such confidentiality.
(c) Any Council member who violates this section shall be subject to expulsion, or other discipline, by an affirmative vote of four members of Council, after the Council member has received written notice of the charge of a violation of subsection (a) hereof and such Council member has had an opportunity to be heard and to present evidence in the form of witnesses and documents or other tangible objects to be considered by the remaining members of Council. The hearing may be held in public at the request of the Council member who is charged with the violation of subsection (a) hereof, or at the election of such Council member, the matter shall be heard in Executive Session. The burden shall be on the Council to present evidence of a violation of this section by clear and convincing evidence before subjecting a Council Member to expulsion or other discipline.
(d) Any violation of this rule shall be deemed to be an ethical violation by such Council member.
(Ord. 99-025. Passed 10-7-99.)