2.04.070 Organization.

A. Special Meetings. Special meetings may be called with 24 hours’ notice to a majority of the members and reasonable effort to notify all members of the City Council. Such meetings are legal meetings if all members are present or there is a quorum and all absent members have waived the required notice. Such special meeting may be held at the call of the Mayor or at least one-third (three) of the members. Waiver of notice by absent members can be made before or after the special meeting is held. A waiver of notice shall be made part of the journal for the meeting.

B. Rules of Procedure. The Council shall determine its own rules and order of business and provide for keeping a journal of its proceedings.

C. Quorum. Four Councilmembers constitute a quorum. Four affirmative votes are required for passage of an ordinance, resolution or motion. A member disqualified by law from voting on a question may be considered present for the purposes of constituting a quorum.

D. Voting. The final vote on each ordinance, resolution, or substantive motion can be one of the following methods:

1. A roll call vote.

2. A paper ballot with Councilmembers’ names printed on each, written response of yes or no or a check box designation alongside a name, then signed by the Councilmember, then read as a roll call vote by the Clerk into the City record with the final count. This count can be verified by any of the Councilmembers at that time upon request. This method would be used for any vote deemed controversial or if a person/business is involved.

3. All votes at a teleconferenced meeting shall be by roll call. All votes on each motion shall be conducted and recorded in such a manner that the public may know the vote of each Councilmember. Councilmembers shall vote on all matters except when personal conflict is present.

All Councilmembers present shall vote unless the Council, for conflict of interest reasons, permits a member to abstain.

E. Meetings Open to Public. All meetings of the Council, regular and special, shall be open to the public, and anyone wishing to be heard shall have reasonable opportunity to speak, give testimony or ask questions. This section does not prohibit the Council from going into executive session, when the subject calls for it, and when the executive session is properly called.

F. Executive Session.

1. An executive session is a part of a meeting closed to the public. Motion into executive session should describe the subject of the proposed executive session without defeating the purpose of the executive session.

2. A meeting shall first be convened as a public meeting and the question of holding an executive session to discuss matters that come within the exceptions contained in subsection (G) of this section shall be determined by a majority vote of the Council. Subjects may not be considered while in an executive session except those mentioned in the motion calling for the executive session unless auxiliary to the main question.

3. Subjects may be discussed and debated. Action may not be taken at an executive session, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal matter or pending labor negotiations.

4. The Clerk/Treasurer may attend executive sessions and the Clerk/Treasurer may record them. The executive session tapes are to be kept under lock and key by the Clerk/Treasurer to be disposed of on a yearly basis. The Council may direct the City Clerk/Treasurer, in its discretion, to retain executive session recording(s) longer than one year if so directed by resolution (e.g., ongoing litigation).

G. Upon adoption of a motion stating the purpose for the executive session, the Council in closed session may discuss:

1. Matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City;

2. Subjects that might tend to prejudice the reputation and character of any person, although the person may request a public discussion;

3. Matters which by law, municipal charter, or ordinance are required to be confidential;

4. Matters involving consideration of government records that by law are not subject to public disclosure (e.g., some personnel records). (Ord. 74-A-1 § 1.5, 1975; Ord. 85-01, 1985; Ord. 86-03, 1986; Ord. 97-06, 1997; Ord. 98-07, 1998; Ord. 07-06 § 4, 2008)