HomeMy WebLinkAboutExecutive Session - Discussion on Litigation Strategy
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
Chris Kukulski, City Manager
SUBJECT: Executive Session: Litigation Discussion for Delaney v. City of Bozeman
MEETING DATE: October 12, 2009
AGENDA ITEM TYPE: Executive Session
RECOMMENDATION: We recommend that at the beginning of this meeting you consider
closing to the public this executive session of the Commission to discuss pending litigation
related to Delaney v. City of Bozeman.
BACKGROUND: Greg Sullivan and Tim Cooper from the City Attorney’s Office and Allan
Baris, from Moore, O’Connell & Refling, P.C., will be present to discuss several litigation
related issues related to Delaney v. City of Bozeman. As stated above, we recommend you
consider closing this meeting under the authority granted to you by Sect. 2-3-203(4)(a), MCA:
2-3-203. Meetings of public agencies and certain associations of public agencies to be open to
public -- exceptions.
(4) (a) Except as provided in subsection (4)(b), a meeting may be closed to discuss a strategy to be
followed with respect to litigation when an open meeting would have a detrimental effect on the litigating
position of the public agency.
(b) A meeting may not be closed to discuss strategy to be followed in litigation in which the only parties
are public bodies or associations described in subsections (1) and (2).
If the Commission should desire to close this meeting, you must do so via motion and vote. Your
motion, therefore, must include language that indicates an open meeting would have a
detrimental effect on the litigation position of the City. Based on the current status of this
litigation, the City Attorney’s Office and Alan Baris feel that should this meeting be open to the
public it would also be open to the opposing litigants and as a result the City’s litigation position
regarding future actions taken in this litigation could be undermined. As such, we recommend
you consider closing this meeting.
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We also recommend the following staff be present for this discussion: the City Attorney, the
Assistant City Attorney, the City Manager and Assistant City Manager, the Finance Director, and
the City Clerk.
Please note minutes of this meeting must be taken.
FISCAL EFFECTS: None at this time.
ALTERNATIVES: As suggested by the City Commission.
Attachments: If any, to be handed to Commission at Executive Session
Report compiled on: October 5, 2009
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