§ 2-48. Open meetings.

Rule 3. Remote participation in council meetings.

A member who is not physically present for an official meeting of the city council may participate in the meeting by electronic means in accordance with a policy adopted and reviewed at the organizational meeting of the council, or at any other meeting at the discretion of the council. Although a member who attends a meeting electronically pursuant to such a policy may take part in debate, the member may neither be counted toward a quorum nor vote on any matter before the council.

Rule 4. Meetings to be open to the public.

Except as permitted by Rule 5, all meetings of the council shall be open to the public, and any person may attend its meetings.

Rule 5. Closed sessions.

(a)

Motion to enter closed session. The city council may enter a closed session from which the public is excluded only upon a motion duly made and adopted in open session. The motion to enter closed session must cite one (1) or more of the permissible bases for closed session listed in paragraph (b) of this rule. A motion to enter closed session under subparagraph (b)(1) or (b)(2) must contain the additional information specified in those provisions.

(b)

Bases for closed session. A closed session is permissible under the following circumstances and no others:

(1)

To prevent the disclosure of information that is privileged or confidential pursuant to the law of North Carolina or of the United States or that does not constitute a public record within the meaning of G.S. ch. 132. The motion to enter closed session must name or cite the law that renders the information confidential or privileged.

(2)

To consult with the city attorney or another attorney employed or retained by the city in order to preserve the attorney-client privilege. If the council expects to discuss a pending lawsuit with its attorney, the motion to enter closed session must include the names of the parties to the lawsuit.

(3)

To discuss matters relating to (a) the location or expansion of industries or other businesses in the area served by the city or (b) the closure or realignment of a military installation. The council may reach agreement in closed session on a tentative list of economic development incentives to be offered in negotiations, but the approval of the signing of any economic development contract or commitment and the authorization of the payment of economic development expenditures must take place in open session.

(4)

To establish or instruct staff or agents concerning the city's position in negotiating the price or other material terms of an agreement for the acquisition of real property by purchase, exchange, or lease.

(5)

To establish or instruct staff or agents concerning the amount of compensation or other material terms of an employment contract.

(6)

To consider the qualifications, competence, performance, character, fitness, or conditions of appointment or employment of a public officer or employee or prospective public officer or employee, except when the individual in question is a member of the city council or other public body or is being considered to fill a vacancy on the city council or other public body. Final action to appoint or employ a public officer or employee must take place in open session.

(7)

To hear or investigate a charge or complaint by or against a public officer or employee. Final action discharging an employee or removing an officer must occur in open session.

(8)

To plan, conduct, or hear reports concerning investigations of alleged criminal misconduct.

(9)

To view a law enforcement recording released pursuant to G.S. 132-1.4A.

(10)

On any other basis permitted by law.

(c)

Closed session participants. Unless the council directs otherwise, the city manager, city attorney, and city clerk may attend closed sessions of the council. No other person may attend a closed session unless invited by the council.

(d)

Motion to return to open session. Upon completing its closed session business, the council shall end the closed session by adopting a duly made motion to return to open session.

Rule 6. Meeting minutes.

(a)

Minutes required for all meetings. The council must keep full and accurate minutes of all of its meetings, including closed sessions. To be "full and accurate," minutes must record all actions taken by the council. They should set out the precise wording of each motion and make it possible to determine the number of votes cast for and against each motion. The minutes need not record discussions of the council, though the council in its discretion may decide to incorporate such details into the minutes.

(b)

Record of "ayes" and "noes." At the request of any member of the council, the minutes shall list each member by name and record how each member voted on a particular matter.

(c)

General accounts of closed sessions. In addition to minutes, the council must keep a general account of each closed session. The general account must be sufficiently detailed to provide a person not in attendance with a reasonable understanding of what transpired. The council may combine the minutes and general account of a closed session into one (1) document, so long as the document contains both a complete record of actions taken and the level of detail required for a general account.

(d)

Sealing closed session records. Minutes and general accounts of closed sessions shall be sealed until unsealed by order of the council or, if the council delegates the authority to unseal to one (1) or more staff members, in accordance with guidelines adopted by the council. The sealed minutes and general account of any closed session may be withheld from public inspection so long as public inspection would frustrate the purpose(s) of the closed session.

Rule 7. Broadcasting and recording meetings.

(a)

Right to broadcast and record. Any person may photograph, film, tape-record, or otherwise reproduce any part of a council meeting that must take place in open session. Except as provided in paragraph (c) of this rule, any radio or television station may broadcast any such part of a council meeting.

(b)

Equipment placement. The city manager may regulate the placement and use of camera or recording equipment in order to prevent undue interference with a council meeting, so long as the city manager allows the equipment to be placed where it can carry out its intended function. If the city manager determines in good faith that the equipment and personnel necessary to broadcast, photograph, or record the meeting cannot be accommodated without undue interference to the meeting, and an adequate alternative meeting room is not readily available, the city manager may require the pooling of the equipment and the personnel operating it.

(c)

Alternative meeting site. If the news media request an alternative meeting site to accommodate news coverage, and the council grants the request, the news media making the request shall pay the costs incurred by the city in securing an alternative meeting site.

(Ord. No. 2018-54, § 1, 10-16-18)