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2017-07-11 Special MeetingKodiak Island Borough Assembly Special Meeting Agenda Tuesday, July 11, 2017, 6:00 p.m. Borough Conference Room This meeting was called by the Assemb[y. 1. ROLL CALL 2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION - Litigation Tactics And Strategies Regarding Kodiak High School Construction Claims: Watterson Construction V. Kodiak Island Borough B. EXECUTIVE SESSION - Litigation Tactics, Strategies, And Settlement Negotiations With The Borough's Insurer, Alaska Municipal League/Joint Insurance Association. 1 111110R]11Nvt•14z11 Visit our website at www.facebook.com/Kodiakislandborough © @Kodiak6orough www.kodiakak.us Page 1 of 1 Kodiak Island Borough Assembly Special Meeting Guidelines July 11, 2017, Borough Conference Room 6:00 p.m. 1. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Smiley who is absent due to personal leave. VOICE VOTE ON MOTION. 2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION - Litigation Tactics And Strategies Regarding Kodiak High School Construction Claims: Watterson Construction V. Kodiak Island Borough Recommended motion: move to convene into executive session to discuss litigation tactics and strategies regarding Kodiak High School construction claims: Watterson Construction v. Kodiak Island Borough, a subject matter involving pending litigation to which the borough is a party and confidential attorney-client communications made for the purpose of facilitating the rendition of professional legal services to the borough. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Borough Mayor, Assembly members, Manager, E/F Director, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION. After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Rohrer reconvenes the regular meeting and announces: Kodiak Island Borough Assembly Guidelines July 11, 2017 Page 1 • The Assembly discussed Litigation Tactics And Strategies Regarding Kodiak High School Construction Claims: Watterson Construction v. Kodiak Island Borough and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. B. EXECUTIVE SESSION - Litigation Tactics, Strategies, And Settlement Negotiations With The Borough's Insurer, Alaska Municipal League/Joint Insurance Association. Recommended motion: move to convene into executive session to discuss litigation tactics and strategies and settlement negotiations with the Borough's insurer, Alaska Municipal League/Joint Insurance Association a subject matter involving a potential litigation to which the borough may become a party and confidential attorney-client communications made for the purpose of facilitating the rendition of professional legal services to the borough. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Borough Mayor, Assembly members, Manager, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION. After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Rohrer reconvenes the regular meeting and announces: • The Assembly discussed Litigation Tactics And Strategies Regarding Kodiak High School Construction Claims: Watterson Construction v. Kodiak Island Borough and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. Kodiak Island Borough Assembly Guidelines July 11, 2017 Page 2 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. MULTIPLE EXECUTIVE SESSIONS We deal with them separately because of the following: • The motion calling for an executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of addressing the subject in private. • A well stated motion needs to identify the legal grounds being relied upon. • If an executive session is challenged, the court will need to know what the subject was and why it qualified for executive session treatment. • It is important to properly describe the subject matter to be discussed in the motion because anything not mentioned in the motion cannot be discussed in the executive session. • Subjects may not be considered at the executive session except those mentioned in the motion calling for the executive session unless auxiliary to the main question. • Keeping them separate keeps the discussion on track and protects the governing body from allegations of inappropriate discussions. • Each session may have different legal grounds being relied upon, different notice requirements, and different actions taken. • There may be assembly members and staff members that could be disqualified from participating in the executive sessions. 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Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At Its Special Meeting Of July 11, 2017, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, July 20, 2017, At 6:30 p.m. In The Borough Assembly Chambers. CONVENED Into Executive Session To Discuss Litigation Tactics And Strategies Regarding Kodiak High School Construction Claims: Watterson Construction V. Kodiak Island Borough; INVITED The Borough Attorneys, Borough Mayor, Assembly Members, Manager, And The Clerk’s Office Staff Into Executive Session; And ANNOUNCED That No Action Was Taken As A Result Of The Executive Session. CONVENED Into Executive Session To Discuss Litigation Tactics, Strategies, And Settlement Negotiations With The Borough's Insurer, Alaska Municipal League/Joint Insurance Association; INVITED The Borough Attorney, Borough Mayor, Assembly Members, Manager, And The Clerk’s Office Staff Into Executive Session; And ANNOUNCED That Instructions Were Given To The Attorney On How To Proceed. Vol. FY2018, No. 1 July 11, 2017 Kodiak Island Borough Assembly Newsletter