Ordinance No. 20070 - Laserfiche WebLink

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CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CTTY ATTORNEY -CIVIL DEPARTMENT To: Warren Wong Date: October 21 1996 s ASD Subs ect: Use of Executive Sessions in Selection of New City Manager The following discussion outlines the basic elements involved in the use of executive sessions for selection of a new City Manager. Bath state law and City code govern this issue. The applicable provisions authorize the Council to hold one or mare executive sessions to screen applicants, interview candidates, conduct follow up discussions about the interviewees, and even reach an informal consensus about the preferred choice. However, the Council cannot make a final decision in executive session. Under state law, the Council lawfully may consider candidates for City Manager in executive session, but only if certain steps are fast taken. 4R5192.66o~1}~a}. Pursuant to CRS 192.66o~I}~a}~D}, these steps require that the city have advertised the vacant in the Ci Y tY Manager's office, adopted regularized procedures for hiring, and provided an opportunity for public input into the employment of a City Manager. If the Council adopts any standards, criteria and policy directives to be used in hiring, the adoption must occur during an open public meeting, rather than an executive session. Finally, the final vote to hire the new City Manager must occur in an open public meeting. Section 2.oI ~ of the Eugene Code imposes similar requirements. In addition, however, Section 2.01 ~~S} also limits the manner in which the Council can act following an executive session: "When the council is satisfied it has concluded the process of reviewing [in executive sessions the qualifications of nominees for city manager], the presiding officer shall cause a vase to be taken and the position shall be filled at the next meeting of the council from among the two persons receiving the highest number of votes far each position to be filled." Section ~.oll~$}fib}. In other words, section 2. o l l ~S} would require the Council to take a preliminary vote during executive session, and then, at the next council meeting, choose between the two candidates who received the most number of votes. As discussed below, if the Council ion Wednesday} chooses to use executive sessions for part of the process, we recommend that the Council adopt an ordinance next Monday detailing the process the Council intends to use, including any changes to the process otherwise required by section 2.O11~S} related to how quickly the Council acts after executive session and the number of candidates that the Council must consider during its open meeting.