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MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney ! `'""`
Date: April 2, 20.08
Subject.: P. O. No. 5870; Council Meeting April 8, 2008
Attached is P. O. No. 5870 as it pertains to the recording of
Executive Sessions by adding Section 2-53 to the Code of
Ordinances. (Requested by Councilmember Lewis).
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Attachment
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P. O. No. 5870
04/02/08 gt
ORDINANCE NO.
AN ORDINANCE AS IT PERTAINS TO THE RECORDING
OF ERECIITIVE SESSIONS BY ADDING SECTION 2-53
TO THE CODE OF ORDINANCES (REQIIESTED BY
COIINCILNEMBER LEWIS
WHEREAS, Section 551.103 of the Government Code states the
following:
"§ 551.103. Certified Agenda or Tape .Recording Required
(a) A Governmental body shall either keep a certified
agenda or make a tape recording of the proceedings
of each closed meeting, except for a private
consultation permitted under Section. 551.071.
(b) The presiding officer shall certify that an agenda
kept under Subsection (a) is a true and correct
recording of the proceedings.
(c) The certified agenda must include:
(1) a statement of the subject matter of each
deliberation;
(2) a record of any further action taken; and
(3) an announcement~by the presiding officer at
the beginning and the end of the meeting
indicating the date. and time.
(d) A tape recording made under Subsection (a) must
include announcements by the presiding officer at
the beginning and the end of the meeting
indicating the date and time."
and
WHEREAS, Section 551..104 of the Government Code states the
following:
i
"§ 551.104. Certified Agenda or Tape; Preservation;
Disclosure
(a) A governmental body shall preserve the certified
agenda or tape recording of a closed meeting for at
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least two years after the. .date of the meeting. If
an action involving the meeting is brought within
that period, the governmental. body shall preserve
the certified agenda or tape while the action is
pending.
(b) In litigation in a district court involving an
alleged violation of this chapter, the court:
(1) is entitled to make an in camera inspection of
the certified agenda or tape;
(2) may admit all or part of the certified agenda
dr tape as evidence, on entry of a final
judgment; and
(3) may grant legal or equitable relief it
considers appropriate, including an order that
the governmental body make available to the
public the certified agenda or tape of any
part of a.meeting that was required to be open
under this chapter.
(c) The certified agenda or tape of a closed meeting is
available for public inspection and copying only
under a court order issued under Subsect"ion (b)(3)."
and
WHEREAS, the improper distribution or misuse of
confidential information is a misdemeanor as delineated in
Section 552.352 Government Code; and
WHEREAS, it is deemed in the public interest for executive
sessions held to be 'recorded
NOW THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY
OF PORT ARTHIIR:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That the Code of Ordinances shall be amended
by adding Section 2-53 to the Code of Ordinances as follows:
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"Section 2-53. Executive Session
(a) That all executive sessions shall be recorded by
_ the City Secretary, by a separate tape that will be
kept in a secured area. wherein said tape is not
available to for inspection, except as denoted. in
Section 551.104 Government Code.-
(b) That .the City Council, by .motion, shall have the
discretion, at any meeting, not to have a tape
recording of a particular portion or all of an
executive session and to-have a certified. agenda.,
or otherwise comply with. Chapter 551 of the
Government Code."
Section 3. That a copy of the caption of this Ordinance
be spread upon the Minutes of the .City Council.
Section 4. That this being an Ordinance, which does not
carry a penalty and does not require publication, it shall take
effect immediately from and after its passage.
READ, ADOPTED-AND APPROVED on _t his day of ,
A.D., 2008, at a Council Meeting .of the City Council of the City
of Port Arthur, Texas, by .the following vote:
AYES: Mayor
City Council
NOES:
MAYOR
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ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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