SPECIAL COUNCIL WORKSHOP

A Special Council Workshop was held on January 13, 2003 at 9:00 a.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mr. Truitt, Mr. McGlumphy, Mr. Speed, Mr. Salters, and Mr. Ruane. Mrs. Williams was absent.

City Solicitor Rodriguez, Deputy City Solicitor Pepper, Mayor Hutchison, and Mrs. Green were also present.

Council President Carey explained that this workshop was scheduled to allow members of Council and staff to meet with the City Solicitor to discuss recent concerns regarding Council related meetings, public notices, and the Freedom of Information Act; to assure that members of Council and staff are conducting business in a correct manner and are meeting all legal requirements. He stated that concerns and questions were raised as a result of the meeting on January 6^th and so publicized in the Delaware State News on January 7^th.

Mrs. Green, City Clerk, reviewed the current and past practices for scheduling an executive session. When an executive session is requested and approved by the Council President, the City Clerk’s Office contacts the City Solicitor to review the request to assure that the matter qualifies for executive session. The City Solicitor submits a letter authorizing the executive session and provides the provision authorized in accordance with the Delaware Freedom of Information Act (FOIA) - see opinion dated October 22, 1998 (Exhibit #1).

In his review of that particular section of FOIA, Mr. Ruane felt that it assumes there is a convened meeting and that one of the topics is of such a nature to allow for an executive session. Therefore, it would not be in the norm to schedule only an executive session. He also relayed concern that members of Council are often unfamiliar with the topic for the executive session and felt that additional information regarding specifics could be listed on the agenda, which would benefit both the public and members of Council.

Responding, Mr. Rodriguez explained that providing too much information on an agenda with regards to an executive session could defeat its purpose. In reviewing that portion of the FOIA which indicates that members of Council must vote to go into an executive session, Mr. Rodriguez suggested that he contact the Attorney General for an opinion and explain the City’s current procedure with regards to an executive session being held when an open meeting is not scheduled. If it is determined that members must open a meeting to adjourn into executive session, then he suggested that the City should amend the procedure accordingly.

Mr. McGlumphy referred to information provided by Mr. Ritter, one of which was an opinion of the Attorney General with regards to Milford City Council. He suggested that, until receipt of clarification from the City Solicitor’s Office, the City operate in accordance with the following as stated in the opinion: 1) publicly announce the purpose of the closed meetings in advance; 2) approve holding such a session by a majority vote; 3) limit the agenda of the closed session to public business that falls within one of the purposes allowed for such meetings; and 4) prepare minutes of any closed session.

Concurring, Mr. Ritter stated that approving an agenda and adjourning into executive session only takes a few minutes and would assure compliance with FOIA. He noted that there is an executive session scheduled for later this afternoon at 3:00 p.m., prior to the Regular Council Meeting at 7:30 p.m., and questioned its legality.

Mr. Ruane reiterated his feeling that additional information should be provided on the agenda with regards to executive sessions and requested the feelings of Council on this matter.

Mr. Salters relayed his feeling that rarely does Council not know the reasons for an executive session and suggested that when it is not known, members can contact the City Clerk or Council President for further information. He did not feel that there was a need to make any changes at this time.

Mr. Speed explained that by being too specific in regards to the reasons for an executive session, it could provide information that would prove to be detrimental to the City in their cause for discussing the matter in executive session. Although the specific example provided with regards to today’s scheduled executive session would not necessarily cause this type of harm, if the precedent is set to make an agenda specific, it could require the City to provide specifics on issues that may cause harm in the future.

Mr. Rodriguez stated that if specifics were provided on the notices for executive sessions and, as an example, members wished to discuss the termination of the City Manager, the notice would indicate such. Although there are some instances when the specifics would not jeopardize the City or its position, there may be those that would, thus, defeat the purpose of the executive session.

As mentioned by Mr. Ruane, Mr. McGlumphy suggested that the Council President be requested to address the public and media after an executive session and, depending on the topic, provide what information is possible with regards to the session.

Mr. Ruane noted that he had previously been requested to leave a committee meeting, and recently, Mr. Ritter too, and questioned if there are situations that would prohibit a member of Council from attending a meeting.

Responding, Deputy City Solicitor Pepper stated that members of Council are entitled to attend, just as any citizen, other meetings of Council where they may not serve as members. However, the fact that Council is elected does not provide greater standing than an ordinary citizen would have to address a committee. Anyone is permitted to attend a committee meeting but not necessarily permitted to engage in the discussion unless the public is invited to make comment.

In response to Council President Carey, City Solicitor Rodriguez suggested that the current procedure, with regards to the conduct of executive sessions, continue until such time that the opinion is obtained from the Attorney General clarifying the matter.

Mr. Ritter suggested that the procedure be presented to Council during the meeting later this evening to be voted on to determine if the majority would prefer to continue with the current procedure or adopt the procedure as set forth in the opinion provided by the Attorney General for Milford City Council.

Mr. Salters stated that Council does not have to be in the Council Chambers to open meetings and adjourn into executive sessions, explaining that such action can take place in the Caucus Room.

For clarification, Council President Carey explained that, with no objections, Council will continue with the current practice for conducting executive sessions until such time as an opinion is received from the Attorney General indicating otherwise.

Since a similar opinion has already been provided by the Attorney General in this regard, Mr. Speed suggested that Council take a conservative approach with regards to the rules of conducting an executive session. Should the opinion from the Attorney General confirm that the City is not in violation, Council can return to their current practice at that time.

As suggested, Council President Carey stated that members of Council could add this matter to the agenda for further discussion later this evening.

City Clerk’s Office Note: An opinion provided by the City Solicitor following the adjournment of this workshop suggested that members of Council vote in open session to go into executive session. City Solicitor Rodriguez indicated that to follow this procedure would eliminate the need to consult the Attorney General regarding a ruling (Exhibit #2).

Mr. Speed moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.

Meeting Adjourned at 10:05 A.M.

                                                                                    JANICE C. GREEN

                                                                                    CITY CLERK

                                                                                    JAMES L. HUTCHISON

                                                                                    MAYOR

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Exhibits Attached to Original Minutes and File Copy

Exhibit #1 - Legal Opinion dated October 22, 1998

Exhibit #2 - Legal Opinion dated January 13, 2003