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Sedona City Council directs legal counsel after closed session on Cultural Park initiative and magistrate appointment
Summary
After a closed executive session to seek legal advice on the "Save the Cultural Park Preservation Act" and to consider a city magistrate appointment, the Sedona City Council voted in public to direct the city attorney to act on instructions from that closed session and then adjourned.
The Sedona City Council returned from a closed executive session and voted to direct the city's legal counsel to carry out instructions given in private, including matters related to the "Save the Cultural Park Preservation Act" initiative and to review and proceed with the city magistrate appointment process.
The action came after the council, led by Mayor Jablow, announced an executive session to obtain legal advice on elections, initiatives, referendums and zoning matters and to consider employment and appointment issues related to the city magistrate. In public remarks before the closed session the mayor cited the Arizona statutory grounds the council relied on to meet behind closed doors: ARS 38-431.03(A)(3) for legal advice and ARS 38-431.03(A)(1) for discussion of personnel/appointments.
A committee member moved "that we direct the city's legal counsel to act as instructed in the executive session," and the motion was seconded. The council approved the direction by voice vote; no roll-call tallies were recorded in the public record. The council then adjourned and announced the next meeting time as 04:30.
The transcript records the clerk reading the roll at the meeting start and the recorded responses: Mayor Jablow — "Here"; Vice Mayor Plueg — "Excused"; Counselor Dunne — "Present"; Counselor Fultz — "Hake"; Counselor Furman — "Here"; Counselor Kinsella — "Present"; Counselor Pfaff — "Here." The executive session itself was closed and the public minutes do not disclose the council's discussions or any legal advice provided there; the only public action taken after returning to open session was the vote directing counsel to act on the instructions the council provided in private.
No ordinances, resolutions or personnel appointments were finalized in open session during the recorded meeting; the public record shows only the council's vote to authorize counsel to proceed based on the executive-session instructions and the meeting's adjournment.
