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2008-03-03 Special Meeting1. ROLL CALL Kodiak Island Borough Assembly Special Meeting Agenda Monday, March 3, 2008, 7:30 p.m. Borough Assembly Chambers 2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION. 1. Attorney Client Communications Related to the Stephens vs. KIB Lawsuit. 4. ADJOURNMENT This meeting was called by the Assembly. Page 1 of 1 Kodiak Island Borough Assembly Special Meeting Guidelines Monday, March 3, 2008, 7:30 p.m. Borough Assembly Chambers 1. ROLL CALL KIBC 2.16.070.... 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. Assembly member Oswalt is out on personal leave. Recommended motion: Move to specifically excuse any Assembly members that are absent. lxQUNJW ' VOICE VOTE ON MOTION 2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) - rte, 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION. 1. Attorney Client Communications Related to the Stephens vs. KIB Lawsuit. Recommended motion: Move to convene into executive session to discuss Stephens vs. KIB Lawsuit which qualifies for executive session under pending litigation and attorney- client privileged communications. Please invite the Borough Assembly, Attorney, Manager, and Clerk into executive session. ROLL CALL VOTE ON MOTION. After the vote, Mayor Selby recesses the special meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the special meeting and announces no action is to be taken as a result of the executive session OR the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Page 2 of 2 Kodiak Island Borough Assembly Special Meeting Guidelines Monday, March 3, 2008, 7:30 p.m. Borough Assembly Chambers Robert's Rules Chapter IV §9. A motion to go into executive session is a question of privilege, and therefore is adopted by a majority vote. Only members, special invitees, and such employees or staff members as the assembly or its rules may determine to be necessary are allowed to remain in the hall (participate.) A member can be punished under disciplinary procedure if he violates the secrecy of executive session. Anyone else permitted to be present is honor -bound not to divulge anything that occurred. KIBC Executive sessions: The assembly may meet in executive session, at the call of the mayor, deputy presiding officer, or any four (4) members of the assembly, only during a regular or special meeting, to privately discuss matters of confidential concern to the well being of the borough government. 1. Upon adoption of a motion stating the purpose for an executive session the assembly in closed session may discuss: a. potential or pending litigation to which the borough may become or is a party; b. any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough; c. any matter which would tend to defame or prejudice the character or reputation of any person, except that the person may request a public discussion; or d. matters involving negotiations with labor organizations representing borough employees; e. matters which by law or ordinance are required to be confidential; f. confidential attorney - client communications made for the purpose of facilitating the rendition of professional legal services to the borough; g. matters pertaining to personnel; and h. land acquisition or disposal. OMA Generally, no action may be taken in executive session Generally, no action may be taken in executive session. Except as discussed below, the body may only discuss matters in executive session, and if any action must be taken on the subject, the body must reconvene in a public session to do so. The taking of "straw votes" in an executive session would probably be held to be a violation of this rule, as it tends to circumvent the policy of the OMA to require governmental body actions to be taken openly. Reconvening in public session to announce a decision made in executive session violates the OMA, unless one of the following exceptions or exemptions applies. OMA Exceptions: directions on legal matters and labor negotiations As exceptions to the rule that no action may be taken in executive session, the OMA authorizes a public body to give directions in executive session on two kinds of matters. First, the body may direct its attorney about the handling of a specific legal matter. This makes it clear that the attorney may be instructed in executive session about things like negotiating positions and legal strategies for a specific legal matter. Second, direction may be given to a labor negotiator about the handling of pending labor negotiations. This allows the body to instruct the negotiator in executive session about such things as bargaining positions and negotiating points. 4) 4' CO 0 4) C 0 O z 4) 0 z N O z 4) 5- O z 4) } O z } 4) c 4) u _ C i 'O LL LL L c i i C L c 4) L LL C L 4) 4) C N T 4) L 4) N 4) 4) N d 0) vi N 4) 4' N C N s u c C vf t u c u n - W 0 cc CC W H z U 0 • N W 0 z N W 0 0 0 0 J H 0 1- 0