CC Minutes - 10/27/03 Mtg - Laserfiche WebLink

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Councilor Meisner opposed the amendments. He felt it would be difficult to maintain confidentiality in such a matter. Mr. Klein clarified, for Councilor Pap~, that the report mandated by the amendments would be exempt under the Public Records Act, but the ordinance unamended would leave the issue to the purview of the City Manager. Councilor Pap~ asked if it would be legal to address such a review in an executive session. Mr. Klein replied that the manager could provide the report to the council in an executive session, but there would be a risk of a councilor critiquing the City Manager's action. He said this would be considered a direct attempt to influence the City Manager in the hiring or firing of an employee and, in mm, the councilor would run the risk of forfeiting his or her office. Councilor Pap~ registered his opposition to the amendment and its amendment. Councilor Bettman, noting the discussion on confidentiality at the previous meeting and the response from legal counsel, asserted no liability would be created so long as the council maintained this confidence. Councilor Bettman maintained that a vote against the amendments would deny the council the tools to monitor conflicts of interest. Councilor Nathanson expressed her opposition to the amendments. She stated that once the strict boundary between the City Council and the management of the organization was compromised, it would be difficult to determine where the line should be. She felt there were highly visible staff people throughout the organization that were outside of the ranks of the executive managers. She wondered if the City Council would begin requesting reports on other employees. Councilor Bettman pointed out the language in the ordinance that specified that a complaint must have merit. Roll call vote; the motion on the amendment to Councilor Bettman's amendment to Section 2.486(1)(b) failed, 5: 3; councilors Bettman, Kelly, and Taylor voting yes. Councilor Kelly, seconded by Councilor Bettman, moved the amendment to the amendment of section 2.486(1)(b) to read, as follows: "A copy of the city attorney's report, together with the city manager's re- sponse to the report, shall be shared with the City Council in an executive ses- sion.'' Councilor Pap~ questioned the validity of this tack. He asked if the council wanted to manage with trust or distrust, stating the amendment suggested management with distrust. Councilor Bettman called the ordinance as it was written a "don't ask, don't tell" philosophy to evaluate the City Manager and how the organization would be managed. She felt information provided to the council regarding management was scant and anecdotal. She supported the amendment. MINUTES--Eugene City Council October 27, 2003 Page 11 Regular Meeting