[Vision2020] Executive Sessions

[Garrett Clevenger]

Thanks to Stephanie for sending this.

The council was allowed to hold Ex. Ses. according to
this.  Whether they had to, is a different question. 
Does anyone know if they were required to have an ES
regarding Hawkins?

>From what I understand, they don't keep minutes at
ES's, so we'll never know what was said.  I can
understand there would be reasons to have ES's, but
that doesn't mean they should be used just because
they can.

The next question is why they had to sign a
confidentiallity agreement that kept the public from
knowing what they voted on until after the agreement
was passed.  I imagine they would use the same
arguments.

The council could have refused to sign the deal, came
back to Moscow, and talked with the public (say in a
public works meeting) about the impact this agreement
would have on the public.

gclev


[Vision2020] Executive Sessions

Stephanie Kalasz skalasz at ci.moscow.id.us 

	For those of you who are interested, this is from the
Idaho
Code:

	 

	> TITLE  67

	>                       STATE GOVERNMENT AND STATE
AFFAIRS

	>                                   CHAPTER 23

	>                            MISCELLANEOUS PROVISIONS

	>     67-2345.  EXECUTIVE SESSIONS -- WHEN
AUTHORIZED. (1)
Nothing 

	> contained in this act shall be construed to
prevent, upon a
two-thirds 

	> (2/3) vote recorded in the minutes of the meeting
by
individual vote, 

	> a governing body of a public agency from holding an
executive
session 

	> during any meeting, after the presiding officer has
identified
the 

	> authorization by specific reference to one (1) or
more of
paragraphs 

	> (a) through (j) of this subsection for the holding
of such
executive 

	> session. An executive session may be held:

	>     (a)  To consider hiring a public officer,
employee, staff
member or

	>     individual agent. This paragraph does not apply
to filling
a 

	> vacancy in an

	>     elective office;

	>     (b)  To consider the evaluation, dismissal or
disciplining
of, or 

	> to hear

	>     complaints or charges brought against, a public
officer,
employee, 

	> staff

	>     member or individual agent, or public school
student;

	>     (c)  To conduct deliberations concerning labor
negotiations or to 

	> acquire

	>     an interest in real property which is not owned
by a
public agency;

	>     (d)  To consider records that are exempt from
disclosure
as 

	> provided in

	>     chapter 3, title 9, Idaho Code;

	>     (e)  To consider preliminary negotiations
involving
matters of 

	> trade or

	>     commerce in which the governing body is in
competition
with 

	> governing

	>     bodies in other states or nations;

	>     (f)  To communicate with legal counsel for the
public
agency to 

	> discuss

	>     the legal ramifications of and legal options
for pending 

	> litigation, or

	>     controversies not yet being litigated but
imminently
likely to be

	>     litigated. The mere presence of legal counsel
at an
executive 

	> session does

	>     not satisfy this requirement;

	>     (g)  By the commission of pardons and parole,
as provided
by law;

	>     (h)  By the sexual offender classification
board, as
provided by 

	> chapter

	>     83, title 18, Idaho Code;

	>     (i)  By the custody review board of the Idaho
department
of juvenile

	>     corrections, as provided by law; or

	>     (j)  To engage in communications with a
representative of
the public

	>     agency's risk manager or insurance provider to
discuss the


	> adjustment of a

	>     pending claim or prevention of a claim
imminently likely
to be 

	> filed. The

	>     mere presence of a representative of the public
agency's
risk 

	> manager or

	>     insurance provider at an executive session does
not
satisfy this

	>     requirement.

	>     (2)  Labor negotiations may be conducted in
executive
session if 

	> either side requests closed meetings.
Notwithstanding the
provisions 

	> of section 67-2343, Idaho Code, subsequent sessions
of the 

	> negotiations may continue without further public
notice.

	>     (3)  No executive session may be held for the
purpose of
taking 

	> any final action or making any final decision.

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