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CRC recommends council consider allowing pre-litigation executive sessions for negotiation strategy
Summary
The committee agreed to recommend edits to Section 27 so the city attorney and council can meet in executive session to discuss imminent legal claims and negotiation strategy before a lawsuit is filed, mirroring state-law negotiation language.
Committee members discussed whether the charter's executive-session provisions should allow the city attorney and council to meet in closed session when legal action is reasonably imminent but not yet filed. Reed and several members urged including state-law language that authorizes "instruction to negotiators" or similar pre-filing deliberations so the council can develop legal strategy and negotiate before a complaint is served.
Members recognized the potential for abuse and asked that any expanded authority be tied to clearly defined notice or documentation standards and limited to matters where counsel advises imminent legal exposure. The committee asked staff to draft language based on state statute (instructions to negotiators standard) and include it in the paper to council.
