MIN CHARTER 2018-07-13 (2018-2020)

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Charter Commission -1 July 13, 2018 CHR. ADAMS: Just to comment, actually, on the executive session, if it's not procedural and it's substantive, if all we had was a quorum of six, we wouldn't be able to go into executive session, because you'd need two-thirds. So, two-thirds of the 11 would be what would be required. MR. HENRICKS: Just to—well, law requires that it's two-thirds vote, however, it has to be at least a bare majority to which the board is entitled to. So, if you had six people vote yes, that's a 100 percent, that's more than two-thirds, and you still. have your bare majority. That's how the law reads. So, you could enter into an executive session with six people, as long as all six voted. But, if five out of six voted, you could not because you haven't met that six -vote threshold. CHR. ADAMS: Okay. We can have that conversation because I'm not understanding the two-thirds requirement then. Okay. MR. HENRICKS: It's essentially two-thirds of those present, as long as it's at least a bare majority to which the board is entitled. MS. RICE: I have a question. You mentioned second reading. So, if we have a Charter amendment or change, then do we have, as the Council does, two votes on it? MR. HENRICKS: The way the rules are currently constructed, and this could come up for debate, too, we just—obviously, we didn't ask you folks how you felt about what is required to pass a Charter amendment. For instance, the Council has three readings and at least two-thirds of the entire membership is required to pass it. Your rules are constructed now to where you'll have two readings and a bare majority is sufficient, six people to pass at each reading. And these are, essentially, readings on separate meeting days, so, you couldn't pass it. Do you know what I'm saying? Like you do it in one meeting, it survives for the next meeting, there's more opportunity for public comment, and then you'd have another vote on that. And I am not exactly sure how that's going to happen going forward with scheduling and timing, but I'm sure we'll cross that bridge when we get there. But, that's how the rules are currently constructed. MS. RICE: Okay, thanks. MR. YOSHIMOTO: Good? Okay. Next topic, Sunshine Law. Okay, Sunshine Law requires no discussing board business outside of a meeting, with a few exceptions. Every meeting must be open to the public unless executive session is allowed. Boards must provide notice, accept testimony and keep minutes, and cannot consider matters not included on the agenda. Page 21