HomeMy WebLinkAboutRESO7299•
RESOLUTION NO. 7299
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING PROCEDURAL RULES GOVERNING THE CONDUCT OF
COUNCIL MEETINGS PURSUANT TO PALO ALTO MUNICIPAL
CODE SECTION 2.04.110
WHEREAS, Palo Alto Municipal Code section 2.04.120
authorizes the Council to establish procedural rules governing any
aspect of the conduct of meetings and hearings for the council and
.its standing committees, including but not limited to agenda
requirements, the order of business, rules of order, rules of
evidence, closed session procedures and rules for public
participation in meetings, and
WHEREAS, the Council desires to establish procedural rules
in order to facilitate public participation in Council proceedings
and in order to assure procedural fairness during meetings and
hearings, and
WHEREAS, the Council desires to further expand and implement
the public's rights to participate in open government as set forth
in the Ralph M. Brown Act, Government Code section 54950 et sea.
NOW, THEREFORE, the Council of the City of Palo Alto does
hereby RESOLVE as follows:
SECTION 1. The "Council Procedural Rules" set forth in
Exhibit "A" to this Resolution are hereby adopted.
SECTION 2. The city clerk is hereby directed to make
copies of the Council Procedural Rules available to the public and
to post the rules at an accessible location in the Council
Chambers, and to make copies available to all City libraries other
than the Children's Library.
SECTION 3. The Council finds that there is no possibility
that the provisions of the Council Procedural Rules will cause a
significant effect on the environment, and upon that basis finds
the project exempt from the provisions of the California
Environmental Quality Act.
INTRODUCED AND PASSED: March 21, 1994
AYES: ANDERSEN, FAZZINO, HUBER, KNISS, ROSENBAUM, WHEELER
NOES:
ABSENT: MCCOWN, SCHNEIDER, SIMITIA}
ABSTENTIONS:
940413 .pc 0051116
COUNCIL PROCEDURAL RULES
Table of Contents
1. Public Participation in Council Keetinas
2. Order of Council Business
3. Motions
4. Quasi -Judicial Proceedings
5. $tanding_Committee Procedural Rules
6. Closed Session Procedures
940413 apc 0051116
•
1. Public Participation in Council Meetings_
(a) Council Policy. It is the policy of the council
that members of the public shall have the opportunity to speak to
any regular or special meeting agenda item before final action.
(b) Presiding Officer's Permission Required. Any person
desiring to address the council shall first secure the permission
of the presiding officer. No person, other than a council member
and the person having the floor, shall be permitted to enter into
any discussion without the permission of the presiding officer.
(c) Oral Communications. Any person who has notified
the city clerk that they wish to address council shall be
recognized by the presiding officer during oral communications or
during agenda items on any matter concerning the city's business,
or any matter over which the council has control; provided,
however, that during the oral communications portion of the agenda,
only items not on the agenda for that meeting may be addressed.
All remarks shall be addressed to the council as a body and not to
any member thereof. Council members shall not enter into debate or
discussion with speakers under oral communications. It shall be
the prerogative of the presiding officer to direct that the city
manager will respond at a later date. This period shall be limited
to three minutes per speaker and may be limited to a total of
thirty minutes for all speakers.
(d) Time limits for Individuals. Persons wishing to
address the council shall step up to the microphone in the front of
the rail, give their name and address in an audible tone of voice
for the record and unless further time is granted by the presiding
officer, their remarks shall not exceed five minutes. In the case
of a hearing required by law, applicants and appellants should be
given ten minutes for their opening presentation and three minutes
for rebuttal before the hearing is closed. In the event a request
is made and the need for additional time is clearly established,
the presiding officer shall independently, or may upon advice of
the city attorney, grant sufficient additional time to allow an
adequate presentation by the applicant or appellant in a hearing
required by law.
(e) Spokesperson for a group of persons. When any group
of persons wishes to address the council on the same subject
matter, it shall be proper f.:r the presiding officer to request
that a spokesperson be chosen by the group to address the council.
(f) Addressing the council after motion made. Following
the time for public input and once the matter is returned to the
council no person shall address the council without first securing
the permission of the council so to do, subject to approval of the
council's legal adviser with respect to any hearing required by
law.
940413 •pc 0051116 1
2. Order of Council Business
(a) At seven p.m. on the day of each regular meeting,
the council members, city clerk, city attorney, city manager, and
such other city officers and department heads as have been
requested to be present, shall take their regular stations in the
council chamber, and the business of the council shall be taken up
for consideration and disposition in the following order; except,
that with a vote of a majority of the council members present,
matters may be taken up out of order, and except as provided in
subsection (b):
(1) Roll call;
(2) Special orders of the day;
(3) Oral communications upon items not appearing
elsewhere on the council's agenda.
(4) Approval of minutes of previous meeting(s);
(5) Consent calendar. Items may be placed upon the
consent calendar by any council -appointed officer whenever, in such
officer's judgment, such items are expected to be routinely
approved without discussion or debate. The consent calendar shall
be voted upon as one item, and the vote shall not affect the
validity of the action taken upon any such individual item. Any
council member may request that an individual item be removed from
the consent calendar in which case the item shall be considered at
the end of the agenda item in which it would have otherwise
appeared. No discussion or debate shall be permitted upon items
upon the consent calendar; however, any council member may request
that such member's vote be recorded as other than aye on any
individual item without removing the same from the consent
calendar.
The consent calendar shall be in two parts, as follows:
(A) Items recommended for referral to any city
agency, body, committ3e, board, commission or officer,
(B) All other items;
(6) Agenda changes, additions, and deletions;
(7) Closed Sessions;
(8) Unfinished business;
(9) Public hearings;
(10) Reports of committees/commissions,
(11) Resolutions;
(12) Ordinances;
940413 .pc 0051116 2
•
(13) Reports of officials;
(14) Council matters;
(15) Council member Questions, Comments and Announcements
The purpose of this agenda item is to allow Council
to question staff briefly on matters upon which Council has taken
action or given direction, make general comments as a reference to
staff on factual matters of community concern, or make brief
announcements in a manner consistent with Government Code section
54952.2. New assignments will not be given nor will major policy
issues will be discussed or considered. To the extent possible,
Council will confer with staff before raising matters under this
agenda item. This agenda item will generally be limited to 15
minutes in length and the public may not speak to matters
discussed.
(15) Adjournment.
(b) Items to be considered after eleven p.m. Before ten
p.m. the council will determine whether it will commence any new
items after eleven p.m. and shall determine which specific items
will be taken up.
(c) Scheduling of closed session. Special closed
sessions shall be scheduled to the extent possible and appropriate
prior to regular or special council meetings. Any closed session
may be scheduled during or after a regular or special council
meeting.
(d) Meeting adjourned sine die. When a regular meeting
is adjourned sine die (without a day) , all unfinished items will be
listed under unfinished business on the next regular council
meeting agenda; except, that where deemed necessary, the city
clerk, with the city manager's concurrence, may place those
business items in a different order on the agenda.
(e) Meeting adjourned to date certain. When a regular
meeting is adjourned to another regular meeting night, all
unfinished items will be listed in their original order after roll
call on the agenda of such designated regular meeting.
(f) Continued items. When an item on the agenda is
continued to a subsequent meeting, such item will be listed under
unfinished business on such agenda unless the council by majority
vote chooses to place such item in a different location on such
agenda or unless the city clerk, with the city manager's
concurrence, deems it necessary to place such item at a different
location on such agenda.
(g) No matters other than those on the agenda shall be
finally acted upon by the council; provided, however, that
emergency ordinances and matters deemed to be emergencies or of .an
urgent nature by any council member, the city manager or the city
attorney, with an explanation of the emergency or urgency stated in
940413 ape 0051116
3
• 1
open council meeting and deemed adequate under state law by the
city attorney may, with the consent of two-thirds, or all members
present if less than two-thirds are present, be considered and
acted upon by the council. Provided further that this section
shall not apply to matters taken from the table.
3. Motions
(a) Precedence of motions. When a motion is before the
council, no motion shall be entertained except:
(1) Fix the time to which to adjourn;
(2) Adjourn;
(3) Take a recess;
(4) Raise a question of privilege;
(5) Call for the orders of the day;
(6) Lay on the table;
(7) Previous question (close debate);
(8) Limit or extend limits of debate;
(9) Motion to continue to a certain time;
(10) Refer to committee;
(11) Amend or substitute;
(12) Take from the table.
These motions shall have precedence in the order indicated
above, except that a motion to reconsider shall have precedence
over all motions.
(b) Motions Defined.
(1) Fix the time to which to adjourn. A motion to fix
the time to which to adjourn requires a second, is amendable and is
debatable only as to the time to which the meeting is adjourned.
The purpose is to set a time for continuation of the meeting.
(2) Motion to adjourn requires a second and is not
debatable except to set the time to which the meeting is adjourned.
A motion to adjourn shall be in order at any time, except as
follows: (a) when repeated without intervening business or
discussion; (b) when made as an interruption of a member while
speaking; (c) when the previous question has been ordered; and (d)
while a vote is being taken.
940413 apc 0051116
4
(3) Motion to take a recess. A motion to take a recess
requires a second, is amendable, but is not debatable. Purpose is
to interrupt the meeting.
(4) Motion to raise a question of personal privilege.
The right of a council member to address the council on a question
of personal privilege shall be limited to cases in which the
council member's integrity, character or motives are questioned, or
to where the welfare of the council is concerned; the maker of the
motion may interrupt another speaker if the presiding officer
recognizes the "privilege." The motion does not require a second,
is not amendable and is not debatable.
(5) Motion to call for the orders of the day. A motion
to call for the orders of the day does not require a second, is not
amendable, and is not debatable. Purpose is to require adherence
to the agenda.
(6) Motion to lay on the table. Purpose is to interrupt
business for more urgent business. A motion to lay on the table
requires a second, is not amendable and is not debatable. It shall
preclude all amendments or debate of the subject under
consideration. If the motion prevails, and the subject is tabled,
the matter may be taken from the table at any time prior to the end
of the next regular meeting in accordance with subdivision (12) of
this subsection. The foregoing shall not preclude any council
member agendizing the subject for a late_ city council meeting.
(7) Motion for previous question. A motion for previous
question requires a second, is not debatable and is not amendable.
It applies to all previous motions on the subject unless otherwise
specified by the maker of the motion. If motion for previous
question fails, debate is reopened; if motion for previous question
passes, then vote on the pending motion. A motion for previous
question requires a two-thirds' vote of those council members
present and voting. The Purpose is to close debate on pending
motion.
(8) Motion to limit or extend debate. A motion to limit
or extend debate requires a second, is amendable 'nd is not
debatable. The motion requires a two-thirds vote of those council
members present and voting. Purpose is to limit or extend debate.
(9) Motion to continue to a certain time. A motion to
continue to a certain time is amendable and is debatable as to
propriety of postponement and time set. Purpose is to continue the
matter to another, specified time.
(10) Motion to refer to a city agency, body, committee,
board, c. mrmission or officer. A motion to refer requires a second,
is amendable, and is debatable only as to the propriety of
referring. The substance of the subject being referred shall not
be a scussEd at the time the motion to refer is made. Purpose of
the motion is to send subject to another city agency, body,
committee, board, commission or officer for further study and
report back to council, at which time subject is fully debated.
940413 apc 0051116 5
(11) Motion to amend or substitute. A motion to amend or
substitute requires a second, is amendable, and is debatable only
when the motion to which it applies is debatable. A motion to
amend an amendment is in order, but one to amend an amendment to an
amendment is not. An amendment modifying a motion is in order but
an amendment raising an independent question or one that is not
germane to the main motion shall not be in order. Amendments take
precedence over the main motion and the motion to postpone
indefinitely. Amendments to amendments are voted first, then the
amendment, then the main motion as amended.
(12) Motion to take from the table. Subject to any
applicable notice or agenda posting requirements, a motion to take
from the table may be made at any time prior to the end of the next
regular meeting following the meeting at which the item was tabled.
It should be made at a time when there is no business before the
council. Purpose is to consider business previously laid aside in
favor of more urgent business. A motion to take from the table
requires a second, is not debatable, and is not amendable.
(c) Debate and Voting.
(1) Presiding officer to state motion. The presiding
officer shall assure that all motions are clearly stated before
allowing debate to begin. The presiding officer may restate the
motion or may direct the city clerk to restate the motion before
allowing debate to begin. The presiding officer shall restate the
motion or direct the city clerk to restate the motion prior to
voting.
(2) Presiding officer may debate and vote. The
presiding officer may move, second and debate from the chair,
subject only to such limitations of debate as are by these rules
imposed on all council members,. The presiding officer shall not be
deprived of any of the rights and privileges of a council member.
(3) Division of question. If the question contains two
or more divisible propositions, each of which is capable of
standing as a complete proposition if the others are removed, the
presiding officer may, and upon request of a member shall, divide
the same. The presiding officer's determination shall be
appealable by any council member.
(4) Withdrawal of motion. A motion may not be withdrawn
by the maker without the consent of the council member seconding
it.
(5) Change of vote. Council members may change their
votes before the next item on the agenda is called.
(6) Voting. On the passage of every motion, the vote
shall be taken by voice or roll call or electronic voting device
and entered in full upon the record.
(7) Silence constitutes affirmative vote. Council
members who are silent during a voice vote shall have their vote
940413 apc 0051116 6
1 i
recorded as an affirmative vote, except when individual council
members have stated in advance that they will not be voting.
(8) Failure to vote. It is the responsibility of every
council member to vote unless disqualified for cause accepted by
the council or by opinion of the city attorney. No council member
can be compelled to vote.
(9) Abstaining from vote. The abstainer chooses not to
vote and, in effect, "consents" that a majority of the quorum of
the council members present may act for him or her.
(10) Not participating. A council member who
disqualifies him or herself pursuant to the political Reform Act of
1974 because of any financial interest shall disclose the nature of
the conflict and may not participate in the discussion or the
vote. A council member may otherwise disqualify him or herself due
to personal bias or the appearance of impropriety.
(11) Tie votes. Tie votes may be reconsidered during the
time permitted by subsection (c)(12) of this section on motion by
any member of the council voting aye or nay during the original
vote. Before a motion is made on the next item on the agenda, any
member of the council may make a motion to continue the matter to
another date. Any continuance hereunder shall suspend the running
c:f any time in which action of the city council is required by law.
Nothing herein shall be construed to prevent any council member
from agendizing a matter which resulted in a tie vote for a
subsequent meeting.
(12) Motion to reconsider. A motion to reconsider any
action taken by the council may be made only during the meeting or
adjourned meeting thereof when the action was taken. A motion to
reconsider requires a second, is debatable and is not amendable.
Such motion must be made by one of the prevailing side, but may be
seconded by any council member. A motion to reconsider may be made
at any time and shall have precedence over all other motions, or
while a council member has the floor, providing that no vested
rights ale impaired. The purpose of reconsideration is to bring
back the matter for review. If a motion to reconsider fails, it
may not itself be reconsidered. Reconsideration may not be moved
more than once on the same motion. Nothing herein shall be
construed to prevent any council member from making a motion to
rescind such action at a subsequent meeting of the council.
(13) Appeal from the decision of presiding officer. When
the rules are silent, the presiding officer shall decide all
questions of order, subject to appeal by a council member. When in
doubt, the presiding officer may submit the question to the
council, in which case a majority vote shall prevail. Any decision
or ruling of the presiding officer may be appealed by request of
any member. The presiding officer shall call for a roll call or
electronic voting device vote to determine if the presiding
officer's ruling shall be upheld. If said vote passes or results
in a tie vote, the presiding officer's ruling shall stand. If said
940413 apc 0051116
7
vote fails, the decision or ruling of the presiding officer is
reversed.
(14) Getting the floor; improper references to be
avoided. Every council member desiring to speak shall address the
chair and, upon recognition by the presiding officer, every council
member shall be confined to the question under debate, avoiding all
indecorous language and personal attacks.
(15) Interruptions. Except for being called to order, a
council member once recognized, shall not be interrupted when
speaking, except as otherwise provided for in these rules. A
council member called to order while speaking shall cease speaking
until the question or order is determined, and, if in order, said
council member shall be permitted to proceed.
4. Quasi -Judicial Proceedings
(a) Quasi -Judicial Proceedings Defined
Quasi-judicial proceedings subject to these procedural
rules include hearings involving the following matters:
1. Conditional Use Permits
2. Variances
3. Home Improvement Exceptions
4. Design Enhancement Exceptions
5. Subdivisions, other than final map approvals
6. Architectural Review
7. Assessment protest hearings
8. Other matters as determined by the city attorney
9. Appeals related to any of the above
10. Environmental Review relating to any of the above
(b) Council Communications Outside of Quasi -Judicial
Hearings
It is the policy of the council to discourage the
gathering and submission of information outside or any required
hearing when such information will impair the council's
impartiality on a quasi-judicial decision. The following
procedural guidelines are intended to implement this policy, but
shall not be construed to create any remedy or right of action.
1. Identification of Quasi -Judicial Matters. The city
attorney, in conjunction with the city clerk and city manager, will
identify agenda items involving quasi-judicial decisions on both
the tentative and regular council agendas. This identification is
intended to inform the council, interested parties, and the public
that this policy will apply to the item.
2. Council to Track Contacts. Council members will use
their best efforts to track contacts pertaining to such identified
quasi-judicial decision items. Contacts include conversations,
meetings, site visits, mailings, or presentations during which
940413 apc 0051116
8
substantial factual information about the item is gathered by or
submitted to the council member.
3. Disclosure. When the item is presented to the
council for hearing, council members will disclose any contacts
which have significantly influenced their preliminary views or
opinions about the item. The disclosure may be oral or written,
and should explain the substance of the contact so that other
council members, interested parties, and the public will have an
opportunity to become apprised of the factors influencing the
council's decision and to attempt to controvert or rebut any such
factor during the hearing. Disclosure alone will not be deemed
sufficient basis for a request to continue the item.
A contact or the disclosure of a contact shall not be
deemed grounds for disqualification of a council member from
participation in a quasi-judicial decision unless the council
member determines that the nature of the contact is such that it is
not poesible for the council member to reach an impartial decision
on the item.
4. No Contacts after Hearings. Following closure of
the hearing, and prior to a final decision, council members will
refrain from any contacts pertaining to the item, other than
clarifying questions directed to City staff.
(c) Findings.
On any matter for which state law or City ordinance
requires the preparation of written findings, the staff report and
other materials submitted on the matter will contain findings
proposed for adcption.by the council. Any motion directly or
impliedly rejecting the proposed findings must include a statement
of alternative or modified findings or a direction that the matter
under consideration be continued for a reasonable period of time in
order for staff to prepare a new set of proposed findings
consistent with the evidence which has been presented and the
decision which is anticipated.
(d) Rules of Evidence.
Council hearings need not be conducted according to
formal rules of evidence. Any relevant evidence may be considered
if it is the sort of evidence upon which responsible persons rely
in the conduct of serious affairs. The presiding officer may
exclude irrelevant or redundant testimony and may make such other
rulings as may be necessary for the orderly conduct of the
proceedings while ensuring basic fairness and full consideration of
the issues involved. Evidentiary objections shall be deemed waived
unless made in a timely fashion before the council.
(e) Burden of Proof.
The applicant and appellant shall bear the burden of
proof on all aspects of the action or relief they seek. The person
940413 apc 0051116
9
with the burden of proof must offer evidence to the Council to
support his or her position.
(f) Council Members Who are Absent During Part of a Hearing.
A council member who is absent from any portion of a
hearing conducted by the council may vote on the matter provided
that he or she has watched or listened to a video or radio
broadcast, or video or audio recording, of the entire portion of
the hearing from which he or she was absent and if she or he has
examined all of the exhibits presented during the portion of the
hearing from which he or she was absent and states for the record
before voting that the council memberdeemshimself or herself to
be as familiar with the record and with the evidence presented at
the hearing as he or she would have been had he or she personally
attended the entire hearing.
(g) Appeals.
Appeals to the council shall be conducted dg novo,
meaning that new evidence and arguments may be presented and
considered. All matters in the record before any other city board,
commission or official shall be part of the record before the
council.
5. Standing Committee Procedural Rules
Council standing committees shall be subject to the
following procedural rules.
(a) Quorum. A majority of the committee membership
shall constitute a quorum.
(h) Referrals. Referrals to the standing con.L ttees
shall be made by the council. Items may be withdrawn from the
committee and taken up for consideration by the council at any
council meeting with the consent of a majority of the council, and
subject to any applicable noticing or agenda posting requirements.
Council members who submit matters to the council which are
referred to a standing committee may appear before the standing
committee to which the referral has been made in order to speak as
proponents of the matter. Standing committee meetings during which
such referrals may be considered shall be noticed as council
meetings for the purpose of enabling the standing committee to
discuss and consider the matter with a quorum of the council
present.
(c) Function of committees. The purpose and intent of
committee meetings is to provide for more thorough and detailed
discussion and study of prospective or current council agenda items
with a full and complete airing of all sentiments and expressions
of opinion on city problems by both the council and the public, to
the end that council action will be expedited. Actions of the
committee shall be advisory and recommendatory only.
940413 ape 0051116
10
• •
(d) Minutes. The city clerk shall be responsible for
the preparation and distribution to the council of the minutes of
standing committee meetings. The minutes need not be verbatim but
shall reflect the sense of the discussion and any recommendation
made with respect to each subject considered in committee. The
minutes shall be delivered to all council members before the
council meeting at which the committee's recommendations are to be
discussed.
(e) Report of committee. The minutes of each committee
meeting shall serve as the report to the council. Any member may
write a separate report.
(f) Agenda. The chairperson of each standing committee
shall prepare the agenda for committee meetings, the sequence of
study being, within reasonable limits of practicality, the same as
the sequence of referral.
(g) Conduct of standing committee meetings. The
chairperson of each committee may conduct meetings with as much
informality as is consistent with council procedural rules, which
shall also be in effect during committee meetings. The views of
interested private citizens may be heard in committee meetings, but
in no case shall a committee meeting be used as a substitute for
public hearings required by law.
(h) Oral Communications. Opportunities for oral
communications shall be provided in a manner consistent with
council procedural rules.
6. Closed Session Procedures
(a) Authorized Closed Sessions
1. Subject to the advice of the city attorney and the
requirements of the Ralph M. Brown Act, closed sessions may
generally be held to discuss the following subjects:
a. Personnel matters, i.e., (1) the appointment or
dismissal of a public employee, and (2) the bringing of complaints
or charges against a public employee unless the employee requests
a public hearing. For purposes of this subsection, the term
"employee" shall not include any person appointed to an office by
the council, excepting the city manager, city attorney, city
clerk, city auditor, or other person acting in a similar
administrative position. The term shall not include persons acting
as independent consultants, architects, and the like.
b. Security matters, i.e., matters posing a threat
to the public's right of access to public services or public
facilities.
c. Employer -employee relations, i.e., sessions
with designated representatives and/or state appointed mediators or
conciliators prior to and during negotiations with representatives
of employee organizations regarding the salaries and working
940413 *pc 0051116
11
conditions of employees. The purpose of such sessions is to enable
the City to review its position and to enable the Council to
instruct its designated representatives.
d. Pending litigation and administrative
proceedings prosecuted by or against the City, including but not
limited settlement proceedings.
e. Other Closed Sessions Authorized by State Law.
(b) Calling Closed Sessions
1. Subject to the advice of the city attorney, a
closed session may be called by the Mayor, the Vice Mayor in the
Mayor's absence, or by a majority of the City Council; at a
committee meeting a majority of the committee may call a closed
session.
2. Closed sessions shall be noticed on the agenda.
To the greatest extent possible, the city attorney and city clerk
shall use standardized agenda descriptions that are consistent with
Government Code section 54954.5.
3. The council shall convene in open session and
provide an opportunity for public comment as to the closed session
items before any closed session. The city clerk shall be present
in the open session to record council attendance and any statements
made during oral communications or by the council. The mayor shall
announce the item or items to be considered in closed session by
reference to the appropriate agenda number or letter, or in an
alternate form which shall be provided by the city attorney.
(c) Attendance at Closed Sessions
The city manager and city attorney, or their designees,
shall attend closed sessions unless it is necessary to excuse them.
Only such additional staff shall attend as are necessary and then
only if the legal privileges of confidentiality obtained in an
executive session are not waived.
(d) Reports from Closed Session
1. It is the policy of the council to inform the public
of action taken in closed session to the greatest extent possible.
It is recognized, however, that the need for confidentiality is
inherent in closed sessions and that certain matters if revealed
may be a detriment to the results desired. The council shall
publicly report: (a) any decisionto appoint, employ, or dismiss
a public employee and the roll call vote thereon at its next public
sheeting, (b) actions related to litigation and the roll ca'1 vote
or such actions, unless the report would, in the written opinion of
the city attorney for specifically stated reasons, clearly
jeopardize the city's ability to effectuate service of process on
one or more unserved parties or impair the city's ability to
resolve the matter through negotiation, mediation or other form of
settlement. Notwithstanding the city attorney's written opinion,
940413 ape 0051116
12
•
the council may under any circumstance, by majority vote, determine
that it is in the City's best interests to disclose actions taken
in closed session related to litigation. The public report shall
be given as soon as possible, but no later than the next regular
meeting, and shall include the vote or abstention of every member
present. The city attorney's written opinion shall be made public,
along with any action taken and any vote thereon, as soon as any
litigation is concluded. The city attorney shall record any ac'tic,a
and vote upon such forms as the city attorney may deem desireable.
2. Reports from closed sessions shall be made by the
Mayor, the Vice Mayor in the Mayor's absence, or such other City
representative as designated by the Council or its committees.
Such designated person is the only individual authorized to make
public statements concerning the closed session.
940413 ape 0051116
13