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Addressing a concern expressed by Ms. Bettman regarding the construction of the text, Mr. Pap~ <br />and Mr. Kelly accepted a friendly amendment to change the text to read: After accepting the <br />resignation, dismissing, or appointing a department director~ the city manager shaft explain to the <br />council the reasons for the action taken unless prohibited by law. The report required by this <br />subsection may be made to the council in executive session. <br /> <br />Ms. Nathanson determined from Mr. Klein there was no State penalty if a councilor violated the <br />spirit of an executive session. Mr. Klein said the executive session allows the council to receive <br />information without the public present; if a councilor decides to leave the session and share its <br />contents with the public, the council could censure that individual. There was nothing in State <br />statute that prohibited a member of the council from recounting the events of an executive <br />session. He noted that staff traditionally advised the council to appoint a spokesperson to debrief <br />the media on the contents of an executive session. Ms. Nathanson said that the damage would <br />already be done. <br /> <br />Mayor Torrey thought the council had the right to do what the provision called for now. He <br />suggested it was a matter of will rather than law. He said that the council could request an <br />explanation from the manager about his personnel decisions. Mr. Klein concurred. <br /> <br />Mr. Kelly thought Ms. Nathanson's points well taken and suggested it took a certain level of <br />maturity to "do it right." He was willing to send the text to the voters. He believed the mayor's <br />remarks were supportive of passing the motion, as the council could bring the issue up in open <br />session, but not in a private conversation or in an open meeting. <br /> <br />Ms. Taylor indicated support for the motion, saying that she would like to move toward having the <br />council at least as involved as other members of the public were involved in the selection of <br />executive managers. The council had not participated in those selection processes. She thought <br />anything the council could do to know more was a good step. <br /> <br />Ms. Bettman responded to the mayor, saying that the executive session would address the <br />confidentiality issues and then the council could bring up the issue in public session, but because <br />the council operated in such a vacuum regarding personnel decisions, she did not see a way to <br />realize there was an issue at all given the lack of information about why the manager does what <br />he does regarding personnel issues. The motion gave the council the ability to understand the <br />manager's motives. <br /> <br />Mr. Meisner supported the motion, but pointed out it involved appointments, dismissals, and <br />resignations, and did not give the manager the authority to question why a particular manager was <br />being retained. Sometimes that was a privately stated issue for councilors. <br /> <br /> The motion passed unanimously, 7:0. <br /> <br />Mayor Torrey adjourned the meeting at 7:48 p.m. <br /> <br />Respectfully submitted, <br /> <br />James R. Carlson <br />City Manager pro tem <br /> <br /> MINUTES--Eugene City Council July 22, 2002 Page 14 <br /> Work Session <br /> <br /> <br />