§ 2-49. Executive sessions.

Executive sessions of the council may be held for the purpose of discussing topics exempted from public access requirements by O.C.G.A. title 50, ch. 14 (O.C.G.A. § 50-14-1 et seq.). Any portion of the meeting not subject to any such exemptions shall be open to the public.

(1)

Nonexempt topics. If a councilmember attempts to discuss a nonexempt topic during an executive session, the mayor shall immediately rule that councilmember out of order and such discussion shall cease. If the councilmember persists in discussing the nonexempt topic, the mayor shall adjourn the meeting immediately.

(2)

Procedure for entering into executive sessions. No executive session shall be held except pursuant to a majority affirmative vote of the city council taken in a public meeting. The minutes of the public meeting shall reflect the names of the councilmembers present, those voting for the executive session, and the specific reasons for the executive session. All votes taken on items discussed in executive session shall be taken in an open meeting.

(3)

Executive session minutes. Minutes of executive sessions devoted to any topic other than land acquisition may be maintained by the clerk at the direction of the mayor. Any such minutes shall be maintained in a confidential file and shall not be subject to disclosure, except that disclosure of such portions of minutes identifying real estate to be acquired by the city council, may only be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings have been initiated.

a.

Executive sessions discussing real estate acquisition. Minutes of an executive session in which the acquisition of real estate is discussed shall be taken in the same manner as minutes of an open meeting and available for public inspection except that any portion of the minutes identifying the real estate shall be redacted until such time as the action for acquisition of the real estate is taken, or decision is reached that the proposed acquisition is to be terminated or abandoned or until court actions are to be initiated through the use of condemnation proceedings.

b.

Other executive sessions. Minutes of executive sessions devoted to any topic other than land acquisition may be maintained by the clerk at the direction of the mayor. Any such minutes shall be maintained in a confidential file and shall not be subject to disclosure, except that disclosure of such portions of minutes identifying real estate to be acquired by the city council may only be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings have been initiated.

(4)

Mayor or presiding officer affidavit. The mayor or other presiding officer shall execute an affidavit stating, under oath, that the executive session was devoted to topics exempt from the public access requirements. The affidavit shall include the specific exemption to the open meetings law. The affidavit shall be notarized and filed with the minutes of the open meeting.

(Ord. No. 2006-01-08, § 1(2), 1-24-2006)

State law reference

Closed meetings, O.C.G.A. § 50-14-4.