Friday, January 29, 2010

Personnel or Public Policy

Personnel issues, contract negotiations and discussion of lawsuits are allowed behind closed doors by public bodies. Policy changes and the tentative drafting of ordinances is not. When council goes into a closed session to discuss personnel, it is done for the protection of the privacy of the individual. Hard to see how these sessions apply.

2 comments:

  1. Let me get this straight.. Bob Vanvleet announces that they talked about things in a closed session that are not supposed to be talked about in a closed session? Did I hear that correctly? Why are they not being recalled? Why do the citizens of Sidney put up with this???

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  2. By the councilman's own statement he is violating or planning to violate the open meetings act.

    Here is some selected text from the statute:

    84-1410. Closed session; when; purpose; reasons listed; procedure; right to challenge; prohibited acts; chance meetings, conventions, or workshops.

    Closed sessions may be held for, but shall not be limited to, such reasons as:

    (a) Strategy sessions with respect to collective bargaining, real estate purchases,
    pending litigation, or litigation which is imminent as evidenced by communication of a
    claim or threat of litigation to or by the public body;

    (b) Discussion regarding deployment of security personnel or devices;

    (c) Investigative proceedings regarding allegations of criminal misconduct; or

    (d) Evaluation of the job performance of a person when necessary to prevent
    needless injury to the reputation of a person and if such person has not requested a public
    meeting. Nothing in this section shall permit a closed meeting for discussion of the
    appointment or election of a new member to any public body.

    It is paragraph "d" that is applicable.

    Councilman Van Vleet referred to two meetings in the past year where the issue of changing the ordinance was discussed in closed sessions of council.

    The evidence of the violation, is Van Vleet's admission of it. His ignorance of the open meetings regulations regarding the matter is not a defense. Furthermore, Mayor Weiderspon, in his statement on the 26th, indicated that if someone has a proposal, it will first be discussed (he doesn't say where) and THEN brought to an open session.

    How could this be more clear?

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