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HomeMy WebLinkAboutordinance.council.006-95 ,~e." \~ "'1,-- -- ORDINANCE NO. ~ Series of 1995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 2-3 OF THE ASPEN MUNICIPAL CODE TO CONFORM THE "ASPEN OPEN MEETING LAW" WITH THE STATE "OPEN MEETING LAW". WHEREAS, the City Council deems it to be in the best interest of the City that all business of the City be conducted in public and that all decisions and final actions of the city council and all boards, committees, commissions, authorities, or other advisory, policy- making, rule-making, or formally constituted bodies of the City of Aspen, be rendered in public session; and WHEREAS, the City Council recognizes that certain deliberations, if conducted in public could be injurious to the public interest and hereby sets forth the only permissible . subjects for private discussion in executive session; and WHEREAS, Ordinance No. 56, Series of 1985, was adopted by the City Council to ta ,II' enact the Aspen Open Meetings Law; and WHEREAS, the general assembly of the State of Colorado enacted the Colorado Open Meetings Law, Section 24-6-401, et seq., C.R.S.; and WHEREAS, the City Council desires to adopt conforming amendments to the Aspen Open Meetings Law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: 1 '~e",." w \\,. I.', \~,. "-', \;1 ~".- Section 1 Section 2-3 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 2-3. Open meetings; executive sessions; notice; minutes. (a) For purposes of this section: (i) "Local public body" means the city council, any board, committee, commission, authority, or other advisory, policy-making, rule-making, or formally constituted body of the City of Aspen and any public or private entity to which the City, or any official thereof, has delegated a governmental decision-making function but not including persons on the staff of the local public body. (ii) "Meeting" means any kind of gathering, convened to discuss public, business, in person, by telephone, or by other means of communication. It does not apply to any chance meeting or social gathering at which discussion of public business is not the central purpose. (b) All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. (b) Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the local public body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. Notices of meetings shall include the time, place and agenda and shall be sent to the media. In case of an emergency, notice shall be as long as is reasonable under the circumstances. In addition to any other means of notice, full and timely notice shall be deemed to have been given if the notice of the meeting is posted in a designated public place within the boundaries of city hall no less than 24 hours prior to the holding of the meeting. The public place or places for posting of such notice shall be designated annually at the city council's first regular meeting of each calendar year. Special meetings of the city council shall be called by the city clerk on the written request of the mayor or of any two (2) members of the council, served personally or left at his usual place of residence; a special meeting, however, may be held on shorter notice if all members of the council are present or have waived notice thereof in writing. (c) Minutes of any meeting of a local public body at which the adoption of any proposed policy, position, resolution, rule, regulation or formal action occurs or could 2 fl." \\. occur shall be taken and promptly recorded, and such recqrds shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (d) of this section is held shall reflect the general topic of the discussion at the executive session. (d) The member of a local public body subject to this section, upon the affirmative vote of two-thirds of the quorum present, may hold an executive session only at a regular or special meeting and for the sole purpose of considering any of the following matters; except that no adoption of any proposed policy, position, resolution, rule, regulation, or formal action shall occur at any executive session which is not open to the public: (i) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; except that no executive session shall be held for the purpose of concealing the fact that a member of the local public body has a personal interest in such purchase, acquisition, lease, transfer, or sale; (ii) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. Mere presence or participation of an attorney at an executive session of the local public body is not sufficient to satisfy the requirements of this subsection; e (iii) Matters required to be kept confidential by federal or state law or rules and regulations; (iv) Specialized details of security arrangements or investigations; (v) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; (vi) Personnel matters; except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting; (vii) Consideration of any documents protected by the mandatory nondisclosure provisions of Part 2 of Article 72 of Title 24, C.R.S., commonly known as the "Open Records Act. " (e) Prior to the time the members of a local public body convene in executive session, the mayor or chair of the body shall announce the general topic of the executive session as enumerated in subsection (d) of this section. j'It',' III iz\ '" 3 l~e,' '%~ ~, -"" \. lie" III \~ \"", (f) The City Clerk or the City Clerk's designee shall make a tape recording of any executive session held by a local public body and prepare summary minutes of the discussion. Such recording and minutes shall be closed to the public, except that the City Clerk may release same pursuant to a valid court order challenging the legitimacy of an executive session, or other valid order of a court of competent jurisdiction. (g) Attendance at executive sessions shall be limited to members of the local public body, appointed staff, and such persons as the local public body may feel necessary for advice and information. Section 2 This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed of amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. A public hearing on the ordinance shall be held on the _ day of 1995, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 4 tA, \. t.: \\- ~ 'w INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ;;t:3 day of ~ _ , 1995. ~ 17~- John S. Bennett, Mayor ATTEST: FINALLY adopted, passed and approved this /3 day of ;;;.uJA-U OcJ.-, -' r ,1995. ~ tJf~- John S. Bennett, Mayor ATTEST: openmtg.ord 5 ~