SPECIAL COUNCIL MEETING

A Special Council Meeting was held on August 15, 2002 at 4:00 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, Mr. Speed, Mr. Salters, and Mr. Ruane.

Council staff members present were Mr. DePrima, Mrs. Green, and Deputy City Solicitor Pepper.

Following the Pledge of Allegiance, Council President Carey explained that the Special Council Meeting was called after being advised that the Mayor may veto the action taken on August 12, 2002 relating to the IBEW Contract Amendments. It was his feeling that when the veto power is used regarding an issue, perhaps Council should be given the opportunity to reconsider the matter. It was his understanding that a member of Council intends to make a motion to rescind the Council action taken on August 12, 2002, relating to the IBEW Contract Amendments.

Council President Carey suggested that members adjourn into executive session to allow for strategy session purposes.

Mr. Truitt moved to adjourn into executive session to allow for strategy session purposes, seconded by Mr. Salters.

Responding to Mr. Ruane, Mr. Pepper stated that a limited executive session was authorized in accordance with the Strategy Sessions Section of the Freedom of Information Act [Del. C. §10004(b)(4)] based on the information provided by Council President Carey. He explained that additional information was provided on Wednesday afternoon that he felt would authorize such an executive session.

In response to concerns for allowing agenda additions and/or deletions, Council President Carey suggested that the motion to adjourn into executive session be withdrawn to allow for approval of agenda. Mr. Truitt withdrew the motion, as did Mr. Salters his second.

AGENDA ADDITIONS/DELETIONS

Mr. Ritter requested the addition of item #4, Memo from Council President Carey - Council Leadership Meetings.

Mr. McGlumphy moved to adjourn the Special Council Meeting and that the items listed for consideration be brought back to Council, once the public is duly notified, during a Regular Council Meeting to provide members an opportunity to further review the issue. The motion was seconded by Mr. Ritter.

On a call for Point of Information by Mr. Ritter, Deputy City Solicitor explained that the request to add item #4 to the agenda is the current motion on the floor and must be seconded or announced by the Chair that it has died for the lack of a second prior to further motions being considered by Council.

Mr. Ritter withdrew his motion to request the addition of item #4.

For clarification, Mr. McGlumphy stated that his motion was to adjourn the Special Council Meeting, that Council go into executive session, and that the items listed for consideration be postponed for presentation to members at the next regularly scheduled Council Meeting to allow for adequate notice.

Mr. Salters relayed concern with Council going into executive session when the motion is to adjourn the Special Meeting prior to approval of its agenda.

Council President Carey explained that since there is a possible veto involved, there were only seven (7) days in which he could call a meeting to allow Members of Council the opportunity to reconsider the matter. He felt that the issue regarding the IBEW Contract Amendments affects our citizens and our employees and relayed his concern with the affect that this action may have on current and future working relations with City employees. He suggested that the Special Meeting be held in order to provide an opportunity to meet with Council to allow for a strategy session. Council President Carey stated that although he felt obligated to present such an opportunity for Council to reconsider the matter, it is Council decision as to whether the issue should be further reviewed.

On a call for the question, the motion to adjourn the Special Council Meeting, that Council go into executive session, and that the items listed for consideration be postponed for presentation to members at the next regularly scheduled Council Meeting to allow for adequate notice was carried by a roll call vote of five (5) yes, four (4) no (Mrs. Williams, Mr. Speed, Mr. Salters, and Mr. Carey).

City Clerk’s Office Note: Prior to its commencement, Deputy City Solicitor Pepper explained that there was no notice of the executive session, the agenda for the Special Meeting was not approved (with or without the addition of an executive session), and there was a privileged motion to adjourn the Special Meeting; therefore, there is no meeting and the executive session is not legal.

Meeting Adjourned at 4:16 P.M.

                                                                                    JANICE C. GREEN

                                                                                    CITY CLERK

All orders, ordinances and resolutions adopted by City Council during their meeting of August 15, 2002, are hereby approved.

                                                                                    JAMES L. HUTCHISON

                                                                                    MAYOR

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