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Special Council Meeting June 11,2001
ITEM NO. 3: CONSIDER A MOTION TO ADJOURN TO EXECUTIVE SESSION
TO DISCUSS STRATEGY WITH COUNSEL IN MATTERS THAT ARE
PRESENTLY IN LITIGATION OR WHERE LITIGATION IS IMMINENT WHERE
ITS DISCLOSURE WOULD BE LIKELY TO PREJUDICE OR DISADVANTAGE
THE POSITION OF THE GOVERNMENTAL BODY IN THAT LITIGATION.
Moved by Champion, second by 0'Donnell. Roll call. All ayes.
Lehman: Do we have a motion to adjourn the special...
Karr: No, no, we need the special meeting to make another motion to go back into the executive session.
Dilkes: What we need is just another motion to go into executive session and
specifically on the Southgate Development litigation with the city in connection
with the Harlocke Weeber rezoning. Ernie is leaving due to a conflict, right?
O'Donnell: Consider a motion to adjourn to executive session to discuss strategy with
council in matters that are presently in litigation or where litigation is imminent
where its disclosure would be likely to prejudice or disadvantage the position of
the governmental body in that litigation.
Champion: So moved.
Wilburn: Seconded.
Kanner: What would happen if we did this in a public discussion? Is that allowed? To have this type of session
Dilkes: You can certainly have this discussion in public if you wish.
Kanner: and how many votes are needed?
Dilkes: Five 2/3 of the body are all present. So five.
O'Donnelh Moved by Champion, seconded by Wilburn, all those in favor. Aye... Roll call.
Karr: No, roll call...
This represents only a reasonably accurate transcription of the Iowa City council
meeting of June 11,2001.
F0061101
Special Council Meeting
June 11,2001
Page 2
Kanner: (can't hear)
Dilkes: What is 2/3 of six? Because you don't count Ernie if he's out.
O'Donnell: I don't think it takes five to go into executive session.
Dilkes: 2/3 of six is four so we need four.
Kanner: Can I see the rules on this since there is a little confusion, maybe we can pass
that around.
Dilkes: Members. OK... It's a vote of either 2/3 of the members of the body or all of the
members present at the meeting. Members of the body when you are talking
about is always seven of you unless there is an abstention due to a conflict of
interest. In which case the members of the body is considered to be six. So it
would be 2/3 of six. In fact we had that exact same situation when we were
voting on the rezoning on Harlocke Weeber because we had a super majority of
the six.
O'Donnelh So in this case it requires four.
Dilkes: Correct.
O'Donnell: Roll call...
Dilkes: Roll call, 4/2. Ayes: Champion, O'Donnell, Vanderhoef, Wilburn. Nays:
Kanner, Pfab.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of June 11, 2001.
F0061101