Planning commission amends agenda, votes to enter executive session to discuss pending litigation under Alabama law

At the start of the meeting the Fairhope Planning Commission unanimously amended its agenda to add an executive session to discuss pending and potential litigation and later voted to enter that executive session under Alabama Code §36‑25A‑7.

"I would make a recommendation at the end of the meeting if the planning commission so desires to go into executive session to discuss pending and potential litigation," Chris, the commission’s city attorney, said during the motion to amend the agenda, adding that he did "not foresee any action that would need to be taken, and it would be a brief discussion, maybe 15 or 20 minutes." (Chris)

After the commission approved the amendment, commissioners later made a formal motion to enter executive session. Chris repeated the statutory citation and the purpose: "...pursuant to Alabama code section 36 dash 25 a dash 7 for the purpose of discussing discussion of pending and potential litigation. Expect executive session to last maybe 15 to 20 minutes and do not expect any needed action to be taken by the planning commission after the discussion." The commission voted unanimously to go into executive session.

The city attorney said he would sign and include a declaration to be kept in the planning commission minutes documenting the basis for the executive session. The meeting record therefore notes both the statutory authority and the stated expectation that no formal action would follow the confidential discussion.