Executive Session Abuse
The Northglenn City Council appears to conduct business in the open but a review of the facts tells a different story. Secret Executive Sessions are where they really do the serious work.
During the first half of this year alone they held 14 secret sessions and did not give the public advance notice of the sessions in 5 instances. During all of last year they held 14 secret sessions and did not give you advance notice on 3 occasions. In 2004 they held 9 and did not give you advance notice 6 times.
The Charter recognizes that some matters need to be discussed in secret. It authorizes the City Council to meet in secret for the following reasons: Personnel, Claims against the City, Legal consultation, Litigation and finally, Deliberations in a quasi-judicial capacity.
In reviewing the agendas and minutes I have found that their most common reason for conducting executive sessions other than Personnel is “Legal, Contractual and Negotiations.” That is a quote. One of my former City Attorneys once told a City Council and me privately that, “If I am in the executive session, you can talk about anything you want.” Unfortunately that is allowed because it cannot be proven and only the integrity of our elected officials can stop the practice.
Earlier this year Mayor Novak raised hell with the members of the Council about leaks from executive sessions even though she was also involved. Leaks should not be necessary to keep the Council on track but they do serve as a deterrent to the misuse of the right to conduct executive sessions. Some of our national political figures have learned that the hard way.
It might be time to consider an initiated ordinance to reign in our Mayor and Council. Hopefully these suggestions will not make that necessary:
During the first half of this year alone they held 14 secret sessions and did not give the public advance notice of the sessions in 5 instances. During all of last year they held 14 secret sessions and did not give you advance notice on 3 occasions. In 2004 they held 9 and did not give you advance notice 6 times.
The Charter recognizes that some matters need to be discussed in secret. It authorizes the City Council to meet in secret for the following reasons: Personnel, Claims against the City, Legal consultation, Litigation and finally, Deliberations in a quasi-judicial capacity.
In reviewing the agendas and minutes I have found that their most common reason for conducting executive sessions other than Personnel is “Legal, Contractual and Negotiations.” That is a quote. One of my former City Attorneys once told a City Council and me privately that, “If I am in the executive session, you can talk about anything you want.” Unfortunately that is allowed because it cannot be proven and only the integrity of our elected officials can stop the practice.
Earlier this year Mayor Novak raised hell with the members of the Council about leaks from executive sessions even though she was also involved. Leaks should not be necessary to keep the Council on track but they do serve as a deterrent to the misuse of the right to conduct executive sessions. Some of our national political figures have learned that the hard way.
It might be time to consider an initiated ordinance to reign in our Mayor and Council. Hopefully these suggestions will not make that necessary:
- Twelve of the unannounced executives were called during the course of a meeting by Mayor Novak. No more!
- Members insist that the purpose(s) of a proposed executive fit “narrowly” within the authority granted in the Charter. No more of, “but the attorney is present.”
- Members refrain from the habit of “going along” with requests for executives unless it is absolutely necessary even if the issue might qualify for secrecy.
- The City Attorney puts the source of his paycheck aside and starts to defend our right to know whenever possible.
posted by Gene Wieneke at
3:04 PM
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