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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?<br><br>J :]<br><br><br>> Date: Wed, 13 Feb 2008 14:12:33 -0800<br>> From: garrettmc@verizon.net<br>> To: vision2020@moscow.com<br>> Subject: [Vision2020] Executive Sessions<br>> <br>> Thanks to Stephanie for sending this.<br>> <br>> The council was allowed to hold Ex. Ses. according to<br>> this. Whether they had to, is a different question. <br>> Does anyone know if they were required to have an ES<br>> regarding Hawkins?<br>> <br>> >From what I understand, they don't keep minutes at<br>> ES's, so we'll never know what was said. I can<br>> understand there would be reasons to have ES's, but<br>> that doesn't mean they should be used just because<br>> they can.<br>> <br>> The next question is why they had to sign a<br>> confidentiallity agreement that kept the public from<br>> knowing what they voted on until after the agreement<br>> was passed. I imagine they would use the same<br>> arguments.<br>> <br>> The council could have refused to sign the deal, came<br>> back to Moscow, and talked with the public (say in a<br>> public works meeting) about the impact this agreement<br>> would have on the public.<br>> <br>> gclev<br>> <br>> <br>> [Vision2020] Executive Sessions<br>> <br>> Stephanie Kalasz skalasz at ci.moscow.id.us <br>> <br>> For those of you who are interested, this is from the<br>> Idaho<br>> Code:<br>> <br>> <br>> <br>> > TITLE 67<br>> <br>> > STATE GOVERNMENT AND STATE<br>> AFFAIRS<br>> <br>> > CHAPTER 23<br>> <br>> > MISCELLANEOUS PROVISIONS<br>> <br>> > 67-2345. EXECUTIVE SESSIONS -- WHEN<br>> AUTHORIZED. (1)<br>> Nothing <br>> <br>> > contained in this act shall be construed to<br>> prevent, upon a<br>> two-thirds <br>> <br>> > (2/3) vote recorded in the minutes of the meeting<br>> by<br>> individual vote, <br>> <br>> > a governing body of a public agency from holding an<br>> executive<br>> session <br>> <br>> > during any meeting, after the presiding officer has<br>> identified<br>> the <br>> <br>> > authorization by specific reference to one (1) or<br>> more of<br>> paragraphs <br>> <br>> > (a) through (j) of this subsection for the holding<br>> of such<br>> executive <br>> <br>> > session. An executive session may be held:<br>> <br>> > (a) To consider hiring a public officer,<br>> employee, staff<br>> member or<br>> <br>> > individual agent. This paragraph does not apply<br>> to filling<br>> a <br>> <br>> > vacancy in an<br>> <br>> > elective office;<br>> <br>> > (b) To consider the evaluation, dismissal or<br>> disciplining<br>> of, or <br>> <br>> > to hear<br>> <br>> > complaints or charges brought against, a public<br>> officer,<br>> employee, <br>> <br>> > staff<br>> <br>> > member or individual agent, or public school<br>> student;<br>> <br>> > (c) To conduct deliberations concerning labor<br>> negotiations or to <br>> <br>> > acquire<br>> <br>> > an interest in real property which is not owned<br>> by a<br>> public agency;<br>> <br>> > (d) To consider records that are exempt from<br>> disclosure<br>> as <br>> <br>> > provided in<br>> <br>> > chapter 3, title 9, Idaho Code;<br>> <br>> > (e) To consider preliminary negotiations<br>> involving<br>> matters of <br>> <br>> > trade or<br>> <br>> > commerce in which the governing body is in<br>> competition<br>> with <br>> <br>> > governing<br>> <br>> > bodies in other states or nations;<br>> <br>> > (f) To communicate with legal counsel for the<br>> public<br>> agency to <br>> <br>> > discuss<br>> <br>> > the legal ramifications of and legal options<br>> for pending <br>> <br>> > litigation, or<br>> <br>> > controversies not yet being litigated but<br>> imminently<br>> likely to be<br>> <br>> > litigated. The mere presence of legal counsel<br>> at an<br>> executive <br>> <br>> > session does<br>> <br>> > not satisfy this requirement;<br>> <br>> > (g) By the commission of pardons and parole,<br>> as provided<br>> by law;<br>> <br>> > (h) By the sexual offender classification<br>> board, as<br>> provided by <br>> <br>> > chapter<br>> <br>> > 83, title 18, Idaho Code;<br>> <br>> > (i) By the custody review board of the Idaho<br>> department<br>> of juvenile<br>> <br>> > corrections, as provided by law; or<br>> <br>> > (j) To engage in communications with a<br>> representative of<br>> the public<br>> <br>> > agency's risk manager or insurance provider to<br>> discuss the<br>> <br>> <br>> > adjustment of a<br>> <br>> > pending claim or prevention of a claim<br>> imminently likely<br>> to be <br>> <br>> > filed. The<br>> <br>> > mere presence of a representative of the public<br>> agency's<br>> risk <br>> <br>> > manager or<br>> <br>> > insurance provider at an executive session does<br>> not<br>> satisfy this<br>> <br>> > requirement.<br>> <br>> > (2) Labor negotiations may be conducted in<br>> executive<br>> session if <br>> <br>> > either side requests closed meetings.<br>> Notwithstanding the<br>> provisions <br>> <br>> > of section 67-2343, Idaho Code, subsequent sessions<br>> of the <br>> <br>> > negotiations may continue without further public<br>> notice.<br>> <br>> > (3) No executive session may be held for the<br>> purpose of<br>> taking <br>> <br>> > any final action or making any final decision.<br>> <br>> -------------- next part --------------<br>> An HTML attachment was scrubbed...<br>> URL:<br>> http://mailman.fsr.com/pipermail/vision2020/attachments/20080213/e818af99/attachment.html<br>> <br>> Previous message: [Vision2020] Sewer Agreement<br>> Next message: [Vision2020] Advanced Real Estate<br>> Question<br>> Messages sorted by: [ date ] [ thread ] [ subject ] [<br>> author ]<br>> More information about the Vision2020 mailing list<br>> <br>> =======================================================<br>> List services made available by First Step Internet, <br>> serving the communities of the Palouse since 1994. <br>> http://www.fsr.net <br>> mailto:Vision2020@moscow.com<br>> =======================================================<br><br /><hr />Shed those extra pounds with MSN and The Biggest Loser! <a href='http://biggestloser.msn.com/' target='_new'>Learn more.</a></body>
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