§ 2-34. Executive sessions.

(a)

Except as provided in section 2-33, a meeting which is scheduled in advance, and for which public notice has been given in accordance with section 2-35, upon a two-thirds vote in open session of those members of the public body present, may go into executive session for any or all of the following purposes; provided, that the general nature of such purpose is announced before the executive session begins:

(1)

An urgent matter concerning public health or public safety;

(2)

Discussion of any purchase by the city which, if known by the public in advance, might result in substantial financial gains or losses to the city;

(3)

Relations in which it is the policy of the law to encourage confidence and to preserve it inviolate, as set forth in the provisions of C.R.S. 1973, 13-90-107;

(4)

Discussion of any acquisition, sale or use of real estate by the city which, if known by the public in advance, might result in substantial financial gains or losses to the city;

(5)

Any investigative proceedings regarding allegations of civil or criminal misconduct; provided, that the person providing such information or the person under investigation requests that such proceedings be closed to the public;

(6)

Discussion of ongoing negotiations of contracts, intergovernmental agreements and other similar instruments for the purpose of formulating particular city positions in such negotiations;

(7)

Matters required to be kept confidential by federal or state law or rules or by ordinance.

(8)

Discussion of investigations or disciplinary proceedings regarding allegations of violations of personnel rules or departmental policies or information, documents, or files relating to such investigations or disciplinary proceedings.

(b)

Notwithstanding the provisions of subsection (a) emergency executive sessions may be called without advance notice to the public, as provided in section 2-35(c).

(c)

Notwithstanding any other provisions of this Code, any board or commission conducting a hearing under authority of the Charter or of ordinance may hold an executive session to consider and evaluate evidence, including the credibility of witnesses, and issue a written decision available to the public. Such decision shall include the vote of individual members of the board or commission.

(d)

In an executive session held pursuant to subsection (a) of this section, only the matters listed therein may be discussed. If any subject matter not listed in subsection (a) is to be discussed, the executive session shall be terminated and the meeting shall be re-opened to the public.

(Code 1950, § 114.4; Ord. No. 680-88, §§ 1, 2, 10-31-88; Ord. No. 730-04, § 6, 10-4-04)