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.
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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.
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