(A) The City Council may conduct Executive Sessions of Council, or as they are referred to in the Charter “Council meeting as a Committee of the Whole” according to the terms of the Charter and the Council Rules of Procedure. Although the subject matter of Committee of the Whole meetings or Executive Sessions is not limited by the Charter, the Council has chosen to limit the subject matter as set out in § 30.05(J) of the Council Rules of Procedure.
(B) The following officials who have traditionally been present at executive sessions shall continue to be present: the Mayor, City Administrator, Assistant City Administrator and all Council members. In addition, the Law Director and City Engineer will be in attendance unless excused. Also members of City Commissions and Boards, individuals working as consultants for Council and/or other persons required for discussion on a specific topic may be requested to attend if approved by a majority of the Council members.
(C) There are some instances where individuals may choose to excuse themselves from an Executive Session. In other instances, it may be desirable to excuse certain non-elected and contract employees:
(1) If there is a conflict of interest or the possibility of a conflict of interest, any individual participant should request to withdraw from said Executive Session of Council. If a majority of the Council members feel that any participant, other than the Council members themselves and the Mayor should be excluded from any particular Executive Session of Council for a valid reason, said issue shall be resolved by a majority vote of the Council members present and voting after an informal discussion about the potential conflict of interest. A valid reason shall include, but not be limited to, a conflict of interest as set forth in division (C)(1) of this section, in addition to those items set forth below in divisions (C)(2) and (C)(3).
(2) In the event that a discussion is scheduled pertaining to job performance, salary, professional contract or other matters of a personal nature involving any contract employee or other non- elected official who normally attends Executive Sessions (for example, Law Director, City Engineer, City Administrator, Assistant City Administrator), then that individual will be excused from that portion of the session.
(3) In the event that it is determined prior to an Executive Session that the subject to be discussed does not involve a particular contract employee or other non-elected official (for example, Law Director, City Engineer, City Administrator, Assistant City Administrator), then that individual will be excused prior to the meeting.
(D) All subjects discussed in Executive Sessions are considered confidential unless the President of Council or the person chairing the Executive Session or Committee of the Whole meeting releases from said confidentiality. Once confidentiality has been released as provided for in this section, all those in attendance shall be released from any confidentiality requirements.
(E) Council members who are not present at an Executive Session of Council may be informed of the content of the Executive Session on a confidential basis by any other member of Council, provided that the absent Council member is not precluded from having the information due to conflict that might otherwise exclude that Council member from participating in the executive session.
(Ord. 13-2011, passed 4-20-11; Am. Ord. 45-2023, passed 11-15-23)