Recent Procedures

Recently the Assembly followed a procedure that may have been improper.  We met as a Committee of the Whole in public and then retired to executive session to discuss a personnel matter: the details of the manager's performance.

The matter we discussed is unquestionably one of the very few permitted to be discussed in executive session.  Even the outcome can be justified since it can be argued that Assembly directed itself in a labor negotiation and the outcome had been previously moved pending a specifically given direction. The problem is how we got there.

The convening of the Committee of the Whole was by motion adopted November 27, 2012. And although the meeting was subsequently posted as convened the discuss a matter that qualifies for executive session, the problem is that there wasn't a motion at that time specifically moving into Executive Session.  Our Charter (Article XVIII) Section 18.03 (B) states, "The general matter for consideration in executive session shall be expressed in the motion calling for the session."

If the session was improper, I am not exactly sure of the remedy.  But I have asked for clarification from our attorney.  I have also asked the Manager to schedule, as soon as possible, a briefing for the Assembly sitting as a Committee of the Whole, regarding the Open Meetings Act, and the specifications state and local pertaining to the singular exception to the Open Meetings Act: executive sessions.

Though I may be unclear about the procedures followed by the Assembly as a whole in order to convene this particular executive session, I am crystal clear about an error I made. Haines Borough Code clearly states that Executive Sessions are to be recorded.  The Clerk was not invited into the session, thus the responsibility to record defaulted to .... me.  And I failed to discharge that responsibility.  Here is a copy of the letter I sent to the Chilkat Valley News last night.  It was uncertain whether or not the editor would be able to include it in the upcoming paper.

I made an error at the Assembly Committee of the Whole meeting on January 22.  Though we met properly in executive session, I did not push the “go” button on the little recorder the Clerk thoughtfully laid out for me.  I should have. Borough code requires that “Audio recordings shall be made of all executive sessions.” These recordings can be heard only by the Mayor or a member who did not attend and was excused. Although there is no one eligible to hear the recording except me (all members except one attended; the absent member was not excused), I still feel awful that I overlooked the requirement to make a recording.  Clearly, I erred; and I apologize.

One of my predecessors advised me to read the Borough Code every night before I go to bed.  Sometimes I wish he had been more specific as to which sections when.  Please bear with us.  Don't hesitate to point out when we get things wrong.  And then stick with us as we work to get it right.  Thank you.