HomeMy WebLinkAboutPO 6395: RECORDING OF EXECUTIVE SESSIONS (REQUESTED BY COUNCILMEMBER LEWIS) P. 0. No. 6395
08/12/14 gt
ORDINANCE NO.
AN ORDINANCE AS IT PERTAINS TO THE RECORDING
OF EXECUTIVE SESSIONS BY ADDING SECTION 2-53
TO THE CODE OF ORDINANCES (REQUESTED BY
COUNCILMEMBER LEWIS)
WHEREAS, Section 551 . 103 of the Government Code states the
following:
"§ 551 . 103 . Certified Agenda or Recording Required
(a) A governmental body shall either keep a certified
agenda or make a 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 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:
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"§ 551. 104 . Certified Agenda or Recording; Preservation;
Disclosure
(a) A governmental body shall preserve the certified
agenda or recording of a closed meeting for at
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 recording 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 recording;
(2) may admit all or part of the certified agenda
or recording 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 recording of
any part of a meeting that was required to be
open under this chapter.
(c) The certified agenda or recording of a closed meeting is
available for public inspection and copying only under
a court order issued under Subsection (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 COUNCIL OF THE CITY
OF PORT ARTHUR:
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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 :
"Section 2-53 . Executive Session
(a) That all executive sessions shall be recorded by
the City Secretary, by a separate recording that
will be kept in a secured area wherein said
recording is not available 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
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 this day of
A. D. , 2014, at a Council Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
AYES :
Mayor:
Councilmembers :
NOES :
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MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
/:a
CITY AT 0 E
APPROVED FOR ADMINISTRATION:
JOHN A. COMEAUX, P. E. ,
INTERIM CITY MANAGER
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