Carefree Truth

Issue #410, July 20, 2015

 

 

Mayor Les Peterson said there has been some discussion relative to the number of executive sessions held by the Council in recent months.  The use of executive sessions is very strictly governed by the State in this regard.  Town Attorney Mike Wright was asked to review the parameters of executive session.

 

 

 

Mr. Wright began by saying that Arizona law allows the use of executive sessions, but it involves a balancing act between public suspicion versus actual need.  All meetings are open to the public to maximize public access to government. Executive sessions are the important exception.  By definition, the public is excluded.

 

 

 

ARS 38-431.03, A 1-7 states that executive sessions must be noticed and agendized, and a general description of the matter to be considered must be provided on the agenda.  Town Clerk Kandace French is meticulous in this regard.  The Council must vote to enter into executive session.  Discussions, by law, are confidential.  No action is permitted.  Minutes must be maintained.   

 

 

 

There are 7 categories that justify entering into executive session.  1) employment and personnel matters (unless the employee requests the discussion be held in a public meeting); 2) discussion of records exempt from public inspection; 3) consultation with the town attorney(s) for legal advice; 4) consultation with the town attorney(s) regarding contracts subject to negotiations, in pending or contemplated litigation; 5) negotiations with employee organizations regarding salaries and benefits; 6) consultation or consideration for international and interstate negotiations or negotiations by a city or town with members of a tribal council of an Indian reservation located within or adjacent to the city or town; and 7) consultation with designated representatives of the public body regarding negotiations for the purchase, sale, or lease of real property.  In the past, Carefree has had occasion to enter into executive sessions for numbers 1, 3, 4, and 7. 

 

 

 

Only those who are necessary to conduct the business at hand may attend executive sessions.  This includes members of the Council, the Town Administrator, the Town Clerk, and the Town Attorney(s).  If the discussion involves a personnel issue, that employee may attend if he or she wishes to do so.

The minutes may only be released to the Council members, an employee who is the subject of an executive session, the Auditor General, the County Attorney, and the State Attorney General.

 

 

 

Mr. Wright said the Town has never abused the authority to enter into executive sessions, which are always noticed, and the need is present.  This allows the Town to conduct business in an orderly fashion.  Without executive sessions, the Council would be severely hamstrung in doing their job and arriving at informed decisions.

 

 

 

Mayor Peterson thanked Mr. Wright for his presentation, and asked if there were any questions.  There were none.

 

https://vimeo.com/user18676056/review/133085838/de82b3937a

 

 

Lyn Hitchon

 

 

 

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