HomeMy WebLinkAboutordinance.council.056-85 ORDINANCE NO. 56
series of 1985
AN ORDINANCE ENACTING SECTION 2-3 OF THE MUNICIPAL CODE OF THE
CITY OF ASPEN TO BE KNOWN AS "THE ASPEN OPEN MEETING LAW" PROVIDING
THAT ALL PUBLIC BUSINESS OF THE CITY OF ASPEN WILL BE CONDUCTED
IN PUBLIC AND SETTING FORTH THE PENALTY FOR A VIOLATION OF
THE ASPEN 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 publicand
that all decisions and final actions of the council be rendered in
public session, and
WHEREAS, the City Council recognizes that certain deliberat-
ions, if conducted in public, could be injurious to the public
interest and hereby sets forth the only permissible subjects for
private Council discussion in executive session, and
WHEREAS, the City Council deems it advisable that all
executive sessions of the Council be noticed to the public,
which notice shall include the specific authority for such closed
sessions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
That Article I of Chapter 2 of the Municipal Code of the City
of Aspen is hereby the addition of a new Section 2-3 to read as
follows:
"Sec. 2-3. Open Meetings.
(a) An executive session of the City Council may be convened
only when:
(1) The majority of the Council votes publicly to hold
such a session, and
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(2) The subject matter to be considered is among those
subjects permissible to be considered in executive
sessions as follows:
(i) Personnel matters;
(ii) Conferences with the City Attorney (and
special counsel) concerning disputes involving
the City that are the subject of pending or
imminent court action.
(iii)Real property sale or acquisition, including
review of appraisals;
(3) A public announcement of the permissible subjectis
mad e.
(b) Attendance at executive sessions shall be limited to
Councilmembers, appointed staff, and such persons as
the Council may feel necessary for advice and information.
(c) The City Clerk or the City Clerk's designee shall make
a tape recording of the executive session 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.
(d) No formal or legally binding action shall be taken by
the City Council at any executive session.
(e) Any person, upon conviction of a violation of any
provision of this section shall be subject to a fine
not to exceed three hundred dollars ($300.00) or
imprisonment in the county jail for a period of not more
than ninety (90) days, or both, at the discretion of
the court."
If any section, subsection sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of compentent jurisdiction, such
portion shall be deemed a separate, distinct and independent
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provision and such holding shall not affect the validity of the
re~aining portions thereof.
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinance.
A public hearing on the ordinance shall be held on the,~-r-
day of -~- , 19~, at ~100 Lone Pine Road,
Aspen, Colorado.
INTRODUCED, READ AND ORDERED published by law of the City
Council of the City of Aspen on the '~ ~ . day of ~,
William L. Stirling, Mayor
ATTEST:
Kathryn ~. Koch, 'Cindy Clerk
FINA~a_dopt~ed, ~passed anda~ ,roved this
day of ---- ......... , 198~.~
ATTEST:
Kathryn ~ Koch, City Clerk
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RECORD OF PROCEEDINGS 100 Leaves
ATTEST:,
Ka~h~y~ ~J~¢ch, City Clerk
FINALLY adopted~ passed and approved on the ....... /~ day of
,~ ............. , 1985.
ATTEST:
~z.~~ci~-~;~-- ~--
8D
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO CERTIFI~TE
COUNTY OF PITKIN
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby
certify that the above and foregoing ordinance was introduced,
read in full, and passed on first reading at a regular meeting of
the City Council of the City of Aspen on J~ // ,
1985, and published in the Aspen Times, a weekly newspaper of
general circulation published in the Ci~ of Aspen,Colorado, in
its issue of . 1985, and was finally
adopted and approved at a regular meeting of the City Council on
~ _/~ , 1985, and ordered published as
Ordinance No. -~-~ , Series of 1985, of said City as provided
~ law.
IN WITNESS WHEREOF, I have hereunto set ~ hand and the seal
of~ City of Aspen, Colorado this ~_~0~ day of
. : Kathryn S./~och, City Clerk
S E~L
Depu~ Ci~ ~erk