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HomeMy WebLinkAboutOrdinance No. 20070ORDINANCE NO. 0~00~~ AN ORDINANCE CONCERNING USE OF EXECUTIVE SESSIONS AND PROVIDING A LIMITED EXCEPTION TO THE PROVISIONS OF SUBSECTION 2.0118}fib} OF THE EUGENE CODE,1971; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: A. The city has engaged the services of a consultant to assist the City Council in the process of recruiting and appointing a new City Manager for the City of Eugene. with input from the public and members of City boards, committees and commissions, the City Council approved a job profile for the position. Based on that profile, the consultant advertised the position, and solicited applications. The consultant is developing a list of 10 -15 potential candidates for the City Council's consideration. The Council will select from this list a group of candidates to interview, and after additional discussion, will choose a new city manager. B. ~n order to protect the confidentiality of an applicant until such time that the Council chooses the applicant for an interview, the Council has determined that it is appropriate to obtain, as confidential documents, written information about the 10 -15 candidates on the consultant's list, and to discuss and screen those candidates two days later in an executive session. The Council intends to conduct the interviews of the selected candidates in open session, Zn order to ensure that the Council can conduct uninhibited discussions about the interviewees, the Council also has decided to conduct these deliberations in executive session. Following selection of the Council's top candidates}, as well as any additional investigation of the top candidates} the Council deems appropriate, the Council will make the final decision regarding the selection of the new city manager in open session. C. State law authorizes the use of executive sessions under the circumstances described ordinance -1 above, as long as certain prerequisites are met, including providing an opportunity for public input. Subsection 2.Q 11 ~8)~b) of the Eugene Code, 1971 also provides that the Council may meet in executive session, but only if the city manager.. position is filled at the. next meeting from among the two persons receiving the highest number of votes. To ensure that the Council can conduct the screening and deliberations in executive session, and to provide the Council greater flexibility than provided under subsection Z.o 11 ~S~~b), the Council is adopting this ordinance after public hearing. NOW, THEREFaRE, THE CITY GF EUGENE GRDAINS AS FGLLOWS: Section 1. Based on the above findings, which are incorporated herein and adopted, the Council hereby declares that the Council may use executive sessions to screen candidates and deliberate about the interviewed candidates to the full extent authorized by state law. The provisions of Subsection 2.011(8)(b), shall not apply to the selection of the new city manager to fill the current vacancy. Section 2. That the matters contained herein concern the public health, welfare and safety and therefore, an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor for more than ten days, or readoption over a mayoral veto bytwo-thirds of all members of the City Council. Passed by the City Council this ,day of ~ _,1996 ~~~~y City Recorder Approved by the Mayor this day of ,1996 1 S Mayor Ordinance - Z 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. Warren Wong Goober 2 ~ , 199b Page ~ At this point, all meetings of the Council on the selection of a new City Manager have occurred in open session. The Council hired a consultant to conduct a nationwide search, and to assist the Council in screening applicants. The Council also adopted a job profile after the consultant obtained input from the Council, members of other boards and commissions, and the public. The Council lawfully may conduct much of the remaining part of the hiring process in executive session. As the Attorney General's Manual on Public Meetings states: "[The public meetings statute manifests legislative policy to allow governing bodies to conduct uninhibited discussions in the personnel hiring process and to enable governing bodies to attract and recruit qualified persons who would not apply far a chief executive position if their candidacy immediately would become known. " rf the Council chooses to hold an executive session in order to either ~a} choose which candidates to interview, fib} interview the selected candidates, or ~c} discuss the qualifications of the interviewed candidates, we recommend that the Council give that direction at the conclusion of the October 23 meeting, and that we then bring back, next Monday, an ordinance confirming the Council's decision. The purpose for the ordinance would be two-fold. First, the Council could hold a public hearing on the ordinance, thereby insuring that adequate public input was provided before any executive session. Second, the ordinance could provide the Council with whatever additional nexibility it desires, beyond that provided by section 2.Oi 1~8} of the Eugene Code. Attached to this memo is a checklist for executive sessions that discusses generally the procedural requirements for executive sessions. Zf you have any questions, please do not hesitate to contact me. HARRANG LANG GARY RUDNICK P.C. CITY ATTGRNEYS ~~ Glenn K~gin GKlgb Attachment gblgkcitylacwcm,ap Checklist for Executive Session You must give notice of an executive session in the same manner you give notice of a public meeting. The notice must cite to the specif c statutory provision authorizing the executive session. You may hold a public session even if an executive session is authorized. 1. Announce that you are going into executive session pursuant to ORS 192.660 and cite the specific reason(s) and statute(s) that authorize the executive session and each subject to be discussed. 2. If you intend to came out of executive session to take final action, announce when the open session will begin again. 3. Specify if any individuals other than the press may remain. 4. Tell the media what may not be disclosed from the executive session. ~f you fail to do this, the media may report everything. If you discuss matters other than what you announce you are going fio discuss in the executive session, those additional matters may be reported by the media. 5. Come back into open session fio take final action. ~f you did not specify at the fiime you went into executive session when you would return tv open session, and the executive session has been very short, you may open the door and announce that you are back in open session. If you unexpectedly come back into open session after previously announcing you would not be doing so, you must use reasonable measures to give actual notice to interested persons that you are back in open session. This may require postponing final action until another meeting. b. Yau may keep a tape recording of executive sessions instead of written minutes.