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Regular Council Meeting July 28, 2014 Page 4 that was issued in the middle of June and Council Member Lancaster answered in the affirmative. Mr. McIlyar said he explained to her on Friday that report was not a city document but was a draft report from a third party investigator hired by the PEDC. Mr. McIlyar stated he was not at liberty to release the report to her or to anyone without direction from the entire City Council. Council Member Lancaster asked if the PEDC was not a part of the City and then stated that was not true. Mr. McIlyar said the PEDC was a separate nonprofit corporation and their contract was with Defenbaugh. Council Member Lancaster said if they were separate why were they reporting to the City and why weren't they doing their own thing totally and then said, well, they probably were. Mr. McIlyar said if the City Council wanted to direct the City Attorney, the City Manager or the PEDC to contact Defenbaugh and get written authorization to release the document, they could do so. He stated he could not take direction from just one Council Member when he has other direction from the rest of the City Council. Council Member Lancaster told him she had direction from Austin and that was if a current member of the governing body who requested information from the City in his or her capacity then they should have full access to the requested information. She said the public information act was not implicated when a request was made in a mayor or councilman's official capacity, as the release of the document is not viewed as a release to the general public. Council Member Lancaster said she was entitled to anything that is held in the City office and to deny her is to deny and to gag the citizens of her district. She said she could not represent them if she did not know what was going on. She further said she did not know what that report says and maybe it's good, maybe it's bad but it was clear that the attorney did not represent her in this matter and she was sorely disappointed in him. Mayor Frierson asked if there were any other questions and Council Member Hashmi said he had questions. Council Member Hashmi read the agenda item and said it clearly says that the duties of the city attorney will be discussed and he was going to address his duties to the Council. He said he was very dissatisfied with his performance. Mr. McIlyar objected and requested that this be addressed in executive session pursuant to the Texas Open Meetings Act as posted on this City Council Agenda, under his annual performance or evaluation. He said this was not posted for open session. Council Member Hashmi said that a city official could request the item in open session but a city official could not request a closed session. Council Hashmi also said Mr. McIlyar was a city employee and was not allowed to ask for a closed session, because that was a Council decision and not his decision. Mr. McIlyar said it was posted as an executive session. Council Member Hashmi said he was going to discuss it under item 20. He then told Mr. McIlyar that he did not comply with his duties and if he did not listen to him he would repeat the whole thing in item 20. Council Member Hashmi said when they come out of executive session, he would discuss it over again outside. Council Member Hashmi asked Mayor Frierson if he could continue or not, because he was the person running the meeting. Council Member Hashmi said he would speak and he could give him a chance to speak now or later, it was his choice. Mayor Frierson said it was not his intention to gag or shut anyone up. Council Member Hashmi said that had not been the case lately, but that was alright and he would not argue with him. Mayor Frierson said the agenda item was regarding the duties and responsibilities of the city attorney, not Kent McIlyar. He said it was not whether or not he was dissatisfied with him, or with the process. He also said they had an obligation to discuss personnel and that was most often done in executive session. Council Member Hashmi said that