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Regular City Council Meeting <br />February 9, 2004 <br />Page 22 <br /> <br />benefits were going to be discussed in March, but that could be set up for April. <br />Councilwoman Neeley asked if this doesn't have to be a public meeting and the <br />forms will have to be completed before the meeting. Councilman Bell asked if <br />this could be done in Executive Session. City Attorney Schenk said the only <br />thing that can be discussed in Executive Session are things having to do with <br />legal counsel because of a court decision. He reminded the Council of the <br />instructions which stated that each individual Council person should complete <br />the evaluation form before the formal evaluation meeting without collaboration <br />with other Council persons. <br /> <br />Mayor Fendley said he thought they could have an executive session to discuss <br />employees. City Attorney Schenk explained that in the situation with the City <br />of Paris, there was a challenge in court of a City of Paris Charter provision, <br />regarding the City's ability to observe the Open Meetings Act, as written and <br />applied to all other cities. He further explained that the decision was what the <br />Council could and could not consider in Open Session under the language in the <br />City of Paris Charter. <br /> <br />Councilman Plata asked if Charter overrides the State. City Attorney Schenk <br />said sometimes there are provisions that states it does, but the court ruled, in <br />this case, that it did not. <br /> <br />Councilwoman Neeley remembered that the Council had specifically asked, <br />after the Court decision, if they could discuss employee evaluations in closed <br />session and were told they could not. <br /> <br />Mayor Fendley indicated there was no appeal. City Attorney Schenk said that <br />was because it wouldn't have held up in court. <br /> <br />Councilman Plata related that he spoke with the Attorney General, who told him <br />they could go into Executive Session any time a person's job was on the line. <br />City Attorney Schenk explained if Paris was a city with an ordinary Charter <br />provision, that would be the case, but the City of Paris Charter provision is <br />different. He indicated that the only employee matter that could be discussed in <br />Executive Session was one involving litigation, and then, they could discuss the <br /> <br /> <br />