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Sedona council directs city attorneys after closed-session discussion of two lawsuits
Summary
The Sedona City Council met in executive session and unanimously directed legal counsel regarding two pending lawsuits, Sabrina Barham v. City of Sedona and Gregory v. City of Sedona, then reconvened and voted to have counsel proceed as instructed.
The Sedona City Council met in executive session and unanimously directed the city's attorneys to proceed as discussed regarding two pending lawsuits: Sabrina Barham v. City of Sedona and Gregory v. City of Sedona. The council moved into executive session under Arizona law and later returned to public session to confirm action.
The council closed part of its meeting for legal advice under Arizona Revised Statutes —738-431.03, citing subsections that permit confidential consultation with legal counsel about pending litigation. Council members voted unanimously to enter the executive session and, after reconvening, voted unanimously to have legal counsel "proceed as directed in the Executive Session." Mayor Jablow led the roll call and oversaw the votes.
At the start of Item 3, the deputy clerk called the roll and all seven council members were recorded present: Mayor Jablow, Vice Mayor Plueg, Councilor Dunne, Councilor Fultz, Councilor Furman, Councilor Kinsella and Councilor Foth. The council first voted to go into executive session to "discuss and consult with the City attorney for legal advice and to consider the City's position and instruct its attorneys regarding pending litigation," citing the two court cases by name. A council member moved to enter executive session and a second was recorded; Mayor Jablow called for the vote and said, "All in favor, say aye." The body responded, and the meeting went into executive session.
After returning to public session, a council member moved that "Council proceed as directed in the Executive Session" with respect to Item 3A; the motion was seconded and the council voted unanimously to approve it. The council later made a similar, unanimous motion to have legal counsel proceed as directed on Item 3C.
The council did not disclose details of the legal advice given in executive session. The meeting record notes that the closed session was held under Arizona Revised Statutes —738-431.03(A) provisions permitting confidential legal consultation on pending litigation.
The council then adjourned the meeting until the regular session's appointment period at 4:30 p.m., where a separate Item 3B (candidate review for a special magistrate judge) was to be addressed.
