Agenda - Council - 04/23/1985 - Laserfiche WebLink

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I I I I I I I I I - 2 - Even though the Court said that meetings of less than a quorum are not subject to the Open Meeting Law, the Court went on to state that: Of course, serial meetings in groups of less than a quorum for the purposes of avoiding public hearings or fashioning agreement on an issue may also be found to be a violation of the statute depending upon the facts of the individual case. The general rule therefore is that persuasion and discussion within the Council becomes improper when members intend to avoid public discussion altogether, try to gain a majoirty prior to public hearing on the issue, or try to hide improper influences such as the personal or financial interest of a public official. In summary, the per se meeting of two councilmembers to discuss city business is not an Open Meeting Law violation. However, if the intent of the meeting is to avoid public Hiscussion altogether, an attempt to gain a majority prior to public hearings on an issue or to try and hide improper influences, an Open Meeting Law violation could exist. Therefore, with the above very important limitation in mind, it is permissible for two councilmembers to meet with a third party to discuss city issues. In spite of all the above, ! recommend that such meetings be held sparingly in order to avoid even the appearance of impropriety.