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Home My WebLink AboutORD 3109.. . . .. •• r • • • ORIGINAL ORDINANCE NO. 3109 ORD1NA.NCE OF THE COUNCIL OF THE CI'.l'Y OF PALO ALTO N1ENDING SECTION 2.04.030 .OF THE .PALO ALTO MUNICIPAL CO~E REGARDING EXECUTIVE SESSIONS The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Section 2.04.030 is hereby amended to read as follows: 2. 04. CUO. ~·ie~.!_ingE.;_!.~l?~ E~!1?.2l:.s.· . Al ~· reyula.r and, special meetings of t.!1e c~Jty C·:)Ut1Cll, t!1c C1.t~,r C"<)unc;ll s1tt1119' as a C;OITLrnJ..ttee of the \•:hule, .,1nd of all standin.q committees of the City Council shall be open to tl1c;, .Public, prov j ded 1 hm·lever, that execut.i ve f;es si ons may be held, from \•lh i.ch the publ.tc l"ll<='<Y be excluded, for consideration of the following sub jects: .l, :P•::o1:~onnel matters, i.e" (a) the app0intment~ or dismissal of a pubJ.lc employee and (b) the bringing of complaints or charges against a public employee unless the employee requests a public hearing. The pre siding officer may exclude fron1 any executive session during the examina tion of a witness any or all other witnesses in the matter being investi gated. For purposes of t.his subsection, the term "employee" shall not include any perso11 appointed to an office by the City Council, excepting the City Manager. City Attorney, City Clerk and City Controller, or other person acting in a similar adnunist t' a t.i ve po.:::i tion. 2. Security matters, i.e. matters posing a threat to the publ~c~s r1ght of access to public services or public facilities& 3. Employer-employee relations, i.e. sessions with designated representatives prior to and during consultations and discussions with representatives of employee organizations regarding salaries and working conditions of employees in order t.o review its position and to instruct its designated representatives. 4. Litigation, both pending and threatened, and whether prosecuted by o~ against the City. SECTION 2o 'I'he Council of the City of Palo Alt.o finds thc1t the enactment otthis ordinance ¥Jill have no significant environmental im pact. SECTION 3. This ordinance shall become effective upon the commence ment of the thirty-first day after its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTEWl'IONS: ABSENT: February 5$ 1979 February 20~ 1979 Brenner, Carey, Clay, Eyerly, Fazzinos Fletcher, Henderson, Sher, Witherspoon None None None ,. .. • .. l~TTEST: APPROVED AS TO FORN: -2 - , ' • • CITY COUNCIL EXECUTlVE SESSION GUIDELINES A. Authorized Exccut~ve Sess1ons L Executi.ve Sess1ons m<J.y be held to rhscuss the followLng subJects: <L Personnel matters,' 1. e. ( 1) the .~ppotntm,ccnt o.r rl.t.snnssal of a publ1.c employee <.(nd ( 2) the br 1 ng 1ng of co!flpJaJ. nts or chc:.r<Jcs aga.tns t u. public cmp t O)'E:C' unless the ernp :LC:)'ee requests a publ i.e hf~ar:>..ng" ( L:va .l ua t ion of employment performance of the City Manager, City Attorney, City c 1er k and City Controller ;·nay b(::; held in exscu t i ve ses·~ fHOIL) For purposes of Uus :->uost~c:t.i.OJL the t<:!rrn 11 employee" shall not. 1nc lude an~/ pe:cson <J.ppo i ntec1 to an off ice by the City Council, excepting the City Manager, City Attorney, C1ty Clerk and City Controller, or other person actl.ng in a similar admin.ist.tative posittono The term shall not in-· elude persons acting as ~ndependent consultants, architects. and th-.:2 like, b. Security matters, i.e. matter1; posing a th~eat to the pub lic's right of access to public services or publlc facil~ ties .. c. Employer-employee relations( i.e. sessions with designated representatives prior to and during consultations and dis cussions with representatives of employee organ1zations and groups regarding the aalar1es and ~orkin~ cond1tions of employeEs in order to review its position and to instruct its designated representatives. d. Litigation, both pend1ng and threatened 1 and whether pro~ secuted by or against the City~ B. Applicability of Guidelines 1~ Palo Alto Municipal Code Section 2.04Q030 a. All regular and special mecti.ngs of the City Council~ the City Council sitting as a com...11it.t:ee of the w·hole, and of all standing co~nittees of the City Council shall be open to the publicr provided~ however, that executive sessions may be held 1 from which the public may be excluded. for consideration c;f ·the subjects 'listed in Sect1on 2.04.030 of the Palo Alto Municipal co:~ and as set forth in Section A of these guidelines~ • • " . C, Call.t.ng Executive Sessions lo An executive session may be called by the Mayorj the Vtce Mayo.r in the Mayor! s absence r or by ~1 rna J cri. ty of the C.1. ty Council; at a standing comrn1 tb<.:.e meet1ng, a majority of the committee may call an execl1t.1.ve session, 2 o Executive sess .tons sha 11 be not:icf-.:>d ;:)n the ag t-:nda ·,·.'herH:Jve r possible.. However' there shall. L\~ no ~)):'OhLbitJ.On c1'}C<.i.nf;t an executive~ sessJ.on bt:J.ng cc:lllPd \·:hen i. t h<H: r:.ot been 11 sted on the -:1genda, prov u1ed tha l VH-:: ses s J.On a!1d 1 ts general subject matb::~r are announcC'i.1 prior to n.•ccf:.s.tng to the executive sess1on, In no case shall the deta1ls of the executive ~;t;s s .1.on be agen.di zed o.r ;;wnounc<:.'d px· 1-~·w to the sessj_O!L Da Attendance at Executive SGssions 1. A representative of the City Manager's and the City Attorney's offices shall attend executive sess1ons unless it is necessary to e~-wuse them, Only such additional sta.f:f personnel shall. attend as are necessary and then only i.f the legal privileges of confidentiality obtained in an executive session are not waivedo E. Reports from Executive ssion L It. is the policy of the, City Council to inform the publ:Lc of action taken in executive sess~on to the extent possible. It is recognized, however, that confidentiality is inherent in executive sessions and that certain matters if revealed may be a detriment to the resuJ.ts desired. The Council shall pub licly report; (a} first offers in labor negc·tlations, lb) any decision to appoint., employ, or dismiss a pur·l.ic employee and the roll call vote thereon at ~ts next public rneet~ng, (c) other action~ taken where the need for confidential~ty is not significant or is outweighed by the public 1 s need to knowQ (See subsection (3) below regarding time of reporting from executive session~) 2. Reports from executive sessions shall be made by the Mayor, the Vice Mayor in the Mayor's absence, or such other City .r-epresentative as designated by the Council or its committees, Such designated person 1s the only individual authorized to make public statements concerning t.he executive session. -2 - "' '. " • • 3 o Except for a decision to appoint or dism.1.ss a public employee which must be reported not later than the next counc1l meeting after the decision is made, the Council shall deter mine the most appropriate manner and time to report those matters specified in subsection E(l) above. Generally, the Co~ncil shall orally report at thE:! same or next succeed1ng Council meeting; however~ ~he nature of the execut1ve session decision may necess i til te nn a 1 terna t i ve re~:H•rt i ng pr\F"::c~du rc. wlnch sha J.l not~ be prohHn tecl. - 3 -