[Vision2020] Executive Sessions

[J Ford]

Aren't ES's limited to legal actions against the City, an employee or regarding a contract with an employee or personnel actions?  And don't the votes after such a session have to then be public?

J  :]


> Date: Wed, 13 Feb 2008 14:12:33 -0800
> From: garrettmc at verizon.net
> To: vision2020 at moscow.com
> Subject: [Vision2020] Executive Sessions
> 
> 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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