CITY OF HOMER

HOMER, ALASKA

Council requested

RESOLUTION 03-140

A RESOLUTION OF THE CITY COUNCIL AMENDING THE COUNCIL'S OPERATING MANUAL, SECTION FOUR, GENERAL PROCEDURES, AND SECTION SIX, CITY COUNCIL AGENDA AND MEETING CONDUCT GUIDELINES FOR THE PURPOSE OF AMENDING THE EXECUTIVE SESSION PROCEDURES

WHEREAS, Council has been striving to better serve the public and facilitate public input; and

WHEREAS, From time to time Council needs to conduct Executive Sessions on the Regular Meeting day; and

WHEREAS, From time to time the Council may desire to conduct a Special Meeting for the sole purpose of conducting an Executive Session; and

WHEREAS, When an Executive Sessions needs to be held in conjunction with the Regular Meeting the Council has determined that it is best to conduct the Executive Session after all business has been conducted; and

WHEREAS, Should the Council's agenda be lengthy the Council may desire to conduct the Executive Session after the last item on the agenda, prior to Adjournment.

NOW, THEREFORE, BE IT RESOLVED by the City Council that the Council's Operating Manual, Section 4. General Procedures and Section 6. City Council Agenda and Meeting Conduct Guidelines are hereby amended regarding Executive Sessions to read as follows:

Section 4. General Procedures

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

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(5) Attorney-client privilege.

(6) Exemption for ad judicatory 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 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.

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 ad judicatory proceeding

Reconvene in public, make a statement and take action if necessary. (Reso. 01-61, 2001.)

Section 6. City Council Agenda and Meeting Conduct Guidelines.

5. CONSENT AGENDA

The following business items are appropriate for the consent agenda. These items are acted upon by one motion for approval of the Consent Agenda. If discussion is requested on an item that item may be removed from the Consent Agenda and placed on the Regular Agenda.

1) Minutes approval

2) Liquor license renewals and transfers

3) Any gaming permit requiring approval of the local government unit.

4) Confirmation of Commission & Board Appointments

5) Resolutions (of a general nature required for normal business operations of the City)

6) Requests to hold Executive Session. (Executive Sessions will typically be conducted at the end of business, just prior to Audience Comments, unless the Mayor calls for the Executive Session to be held at another point in the agenda. )

7) Change Orders

8) Travel Authorization (Reso. 00-08.)

9) Ordinance introduction and first reading and setting the public hearing date and second reading date. (Reso. 00-82)

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City of Homer

PASSED AND ADOPTED by the Homer City Council this 27th day of October, 2003.

CITY OF HOMER

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ATTEST: JACK CUSHING, MAYOR

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MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: NA.