CITY OF HOMER

City Clerk

HOMER, ALASKA

RESOLUTION 01-61

A RESOLUTION OF THE HOMER CITY COUNCIL AMENDING THE COUNCIL'S OPERATING MANUAL, PROCEDURES REGARDING EXECUTIVE SESSIONS.

WHEREAS, some Councilmembers raised concerns with the way in which a request for Executive Session is listed on the Agenda; and

WHEREAS, the administration has advised that the City Attorney has stated that noting the authorizing section of the State Statutes and the topic is sufficient information on the agenda.

NOW, THEREFORE, BE IT RESOLVED by the Homer City Council that the Council's Operating Manual, Procedures, Regarding Executive Sessions is hereby amended to read as follows:

EXECUTIVE SESSION - Call for...

State law pertaining to public agency meetings is applied in the absence of specific City Code. AS 44.62.310(c)(1)-(3) state legal reason for executive sessions. The law is as follows:

"The following excepted subjects may be discussed in an executive session:

(1) Matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the government unit;

(2) subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion;

(3) matters which by law, municipal charter, or ordinances are required to be confidential."

(4) confidential records, matters involving consideration of government records.. that by law are not subject to public disclosure. HCC 1.80.040

(5) Attorney-client privilege.

(6) Exemption for adjudicatory deliberations and decision-making.

(7) Organizational votes

On the Council's Agenda only the Statute number and section are required to be listed as the reason for the Executive Session. The issue to be discussed is to be listed in parenthesis after the reason for executive session.

This section is not applicable to quasi-judicial bodies, i.e. Boards of Adjustment.

A regular or special meeting may be recessed or adjourned to executive session. Future times for executive sessions may be set by motion. A duly constituted, called meeting with a quorum present is required for consideration of an executive session motion. Vote on the motion is taken by roll call.

Page Two

Resolution 01-61

City of Homer

Any Councilmember, the Mayor or City Manager may place consideration of an executive session on the agenda. When placed before agenda closing, the question is decided by 2/3 vote. Request falls under the By-Law requiring unanimous consent for additions or deletions to the agenda.

During Executive Session:

(1) Stick to the issue

(2) No action; limited exceptions

(3) Decision-making in adjudicatory proceeding

Reconvene in public and take action if necessary.

PASSED AND ADOPTED by the Homer City Council this 10th day of September, 2001.

CITY OF HOMER

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ATTEST: JACK CUSHING, MAYOR

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MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note not required.