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by Happy HarperValley Rez

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 Special Council Meeting 04/10/2012
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Posted - 04/09/2012 :  9:20:29 PM  Show Profile  Reply with Quote Report Abuse

City Council shall hold a special meeting in Executive Session to discuss pending court action. The meeting will begin at 5:30 pm and be held in the Council Library located at 233 South Main Street, Monroe, Ohio.

http://www.monroeohio.org/component/eventlist/details/856-special-council-meeting

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johnwells
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Posted - 04/10/2012 :  12:05:25 AM  Show Profile  Reply with Quote Report Abuse

why are they having this meeting ahead of time?
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johnwells
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Posted - 04/10/2012 :  12:11:06 AM  Show Profile  Reply with Quote Report Abuse

did they tell us about this?
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retiredmilitary
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Posted - 04/10/2012 :  05:37:56 AM  Show Profile  Reply with Quote Report Abuse

What court action.

As citizens of Monroe don't we have the right to know?
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Happy HarperValley Rez
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Posted - 04/10/2012 :  07:47:48 AM  Show Profile  Reply with Quote Report Abuse

Is this a closed metting or open to the public?
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Doc
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Posted - 04/10/2012 :  09:50:29 AM  Show Profile  Reply with Quote Report Abuse

This is an executive session and, by law, is a meeting that is closed to the public. This is covered under ORC 121.22, section G(3) and in compliance with section F.

Disclosure of the purpose affords access to the thematic substance of the issues to be entertained, ultimately furthering the goal of transparency.

Council may hold an executive session to confer with the city’s attorney(s) concerning disputes involving the city. The attorney-client privilege applies when government agencies consult with counsel for legal advice or assistance.

The conference-with-attorney exception upholds the longstanding attorney-client privilege and recognizes the fact that “full and frank communication between attorneys and their clients” must be encouraged to “promote broader public interests in the observance of law and administration of justice.” The attorney-client privilege “recognizes that sound legal advice or advocacy serves the public ends and that such advice or advocacy depends upon the lawyer’s being fully informed by the client.”

Although the attorney-client privilege is well recognized and jealously protected in most circumstances, it is not without limitation in the context of open meetings. For the conference-with-attorney exception to apply, the subject matter of such conferences must be limited to the subject of “pending or imminent” court action.

To that end, no public comments can be made by an individual member of council concerning the content of the executive session and the content may only be further discussed after the closure of the session by the way of a motion in open session.
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John Beagle
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Posted - 04/10/2012 :  10:14:04 AM  Show Profile  Visit John Beagle's Homepage  Reply with Quote Report Abuse

We can only guess.

So let's take an educated guess what they are meeting about.

Now let me think... confer with the city’s attorney(s) concerning disputes involving the city.

Its either the City Building Leaking Problem or SunCoke.

"I don’t know the key to success, but the key to failure is trying to please everybody" #BillCosby
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Happy HarperValley Rez
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Posted - 04/10/2012 :  10:18:43 AM  Show Profile  Reply with Quote Report Abuse

Wow...just a simple question Do I have the right to see minutes from the closed meeting or no?
Please spare me the legal-ease and just say so...Geez
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Doc
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Posted - 04/10/2012 :  10:28:46 AM  Show Profile  Reply with Quote Report Abuse

quote:
[i]Originally posted by Happy HarperValley Rez[/i]
[br]Wow...just a simple question Do I have the right to see minutes from the closed meeting or no?
Please spare me the legal-ease and just say so...Geez

No minutes are taken in executive session, so no.
Sorry if I was over-explanatory. I just wanted to be thorough.
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johnwells
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Posted - 04/10/2012 :  10:33:33 AM  Show Profile  Reply with Quote Report Abuse

quote:
[i]Originally posted by Doc[/i]
[br]This is an executive session and, by law, is a meeting that is closed to the public. This is covered under ORC 121.22, section G(3) and in compliance with section F.

Disclosure of the purpose affords access to the thematic substance of the issues to be entertained, ultimately furthering the goal of transparency.

Council may hold an executive session to confer with the city’s attorney(s) concerning disputes involving the city. The attorney-client privilege applies when government agencies consult with counsel for legal advice or assistance.

The conference-with-attorney exception upholds the longstanding attorney-client privilege and recognizes the fact that “full and frank communication between attorneys and their clients” must be encouraged to “promote broader public interests in the observance of law and administration of justice.” The attorney-client privilege “recognizes that sound legal advice or advocacy serves the public ends and that such advice or advocacy depends upon the lawyer’s being fully informed by the client.”

Although the attorney-client privilege is well recognized and jealously protected in most circumstances, it is not without limitation in the context of open meetings. For the conference-with-attorney exception to apply, the subject matter of such conferences must be limited to the subject of “pending or imminent” court action.

To that end, no public comments can be made by an individual member of council concerning the content of the executive session and the content may only be further discussed after the closure of the session by the way of a motion in open session.



Was this meeting announced 24 hours in advance? Since your quoting ORC I just thought I would ask.
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Doc
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Posted - 04/10/2012 :  10:58:29 AM  Show Profile  Reply with Quote Report Abuse

quote:
[i]Originally posted by johnwells[/i]Was this meeting announced 24 hours in advance? Since your quoting ORC I just thought I would ask.

Yes, I'm certain it was.

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loveyourneighbor
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Posted - 04/10/2012 :  11:08:08 AM  Show Profile  Reply with Quote Report Abuse

Journal reports there is also an emergency school board meeting tonight at 5. Related?
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Houndog
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Posted - 04/10/2012 :  11:08:10 AM  Show Profile  Reply with Quote Report Abuse

Meeting cancelled.
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Happy HarperValley Rez
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Posted - 04/10/2012 :  11:52:35 AM  Show Profile  Reply with Quote Report Abuse

So the attorneys - they do not present legal council for the people (who are the city) but just for Council (who work for the people).
And therefore we(citizens) do not have a right to know why Council is meeting with them?
Uhhhh just to be clear...our tax dollars I assume are paying for said Legal Council but the citizens do not have a right to know what we are paying for?

Truly just a question for clarity
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johnwells
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Posted - 04/10/2012 :  11:58:58 AM  Show Profile  Reply with Quote Report Abuse

quote:
[i]Originally posted by Doc[/i]
[br]
quote:
[i]Originally posted by johnwells[/i]Was this meeting announced 24 hours in advance? Since your quoting ORC I just thought I would ask.

Yes, I'm certain it was.



I must have missed it. I looked at the city's web site last night around 7:00 but didn't see it.
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johnwells
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Posted - 04/10/2012 :  12:10:07 PM  Show Profile  Reply with Quote Report Abuse

quote:
[i]Originally posted by loveyourneighbor[/i]
[br]Journal reports there is also an emergency school board meeting tonight at 5. Related?



MEETING NOTICE - BOARD OF EDUCATION ---

The Monroe Local Schools Board of Education will hold an emergency meeting on Tuesday, April 10th at 5:00 p.m. in the board office located at 500 Yankee Road. The purpose of this meeting is to discuss financial matters concerning the district. There may be an executive session.
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Doc
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Posted - 04/10/2012 :  12:15:43 PM  Show Profile  Reply with Quote Report Abuse

quote:
[i]Originally posted by Happy HarperValley Rez[/i]
[br]So the attorneys - they do not present legal council for the people (who are the city) but just for Council (who work for the people).
The City's legal counsel works at the pleasure of Council. The Council works at the pleasure of the citizens. The legal counsel does not directly represent the people.
quote:
And therefore we(citizens) do not have a right to know why Council is meeting with them?
Correct - except for the notification requirements stipulated by law.
quote:
Uhhhh just to be clear...our tax dollars I assume are paying for said Legal Council but the citizens do not have a right to know what we are paying for?
That's also correct.

However, if anything of substance results from the executive session that requires a decision to be made; it must be made in open session publicly.

The O.R.C. provides very specific stipulations and situations when "executive sessions" are permissible and when they are not.

quote:
Truly just a question for clarity
No problem. I'm glad you asked.

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buck35
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Posted - 04/10/2012 :  12:22:18 PM  Show Profile  Reply with Quote Report Abuse

Rumor has it that the law firm is doing work for council!
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zapp2525
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Posted - 04/10/2012 :  12:28:32 PM  Show Profile  Reply with Quote Report Abuse

They also like the money they get from council
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John Beagle
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Posted - 04/10/2012 :  12:36:20 PM  Show Profile  Visit John Beagle's Homepage  Reply with Quote Report Abuse

the meeting has been canceled

"I don’t know the key to success, but the key to failure is trying to please everybody" #BillCosby
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Happy HarperValley Rez
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Posted - 04/10/2012 :  1:13:05 PM  Show Profile  Reply with Quote Report Abuse

The Council meeting?

quote:
[i]Originally posted by John Beagle[/i]
[br]the meeting has been canceled

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Happy HarperValley Rez
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Posted - 04/10/2012 :  1:13:52 PM  Show Profile  Reply with Quote Report Abuse

Well long story short...

NONE of this pleases me...as a taxpayer...
Just sayin
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Doc
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Posted - 04/10/2012 :  1:29:49 PM  Show Profile  Reply with Quote Report Abuse

quote:
[i]Originally posted by Happy HarperValley Rez[/i]
[br]Well long story short...

NONE of this pleases me...as a taxpayer...
Just sayin


I'm sorry you feel this way but that's the way all of Ohio's public entities have operated since the 1960's. There are certainly situations that call for discretion and the Ohio Revised Code allows for that.

Let's take contract negotiations for instance. If Council was not afforded a vehicle to discuss it's acceptable contract limitations in private, then there wouldn't be much point in negotiating because everyone, including those that you are negotiating with, would know every word that was said.

It may not be the most "open" of situations but it's certainly necessary.

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John Beagle
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Posted - 04/10/2012 :  1:33:36 PM  Show Profile  Visit John Beagle's Homepage  Reply with Quote Report Abuse

quote:
[i]Originally posted by Happy HarperValley Rez[/i]
[br]The Council meeting?

quote:
[i]Originally posted by John Beagle[/i]
[br]the meeting has been canceled




Yes, the 5:30 has been canceled. Not the regular 6:30 though.

"I don’t know the key to success, but the key to failure is trying to please everybody" #BillCosby
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zapp2525
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Posted - 04/10/2012 :  1:42:47 PM  Show Profile  Reply with Quote Report Abuse

Ohio's public entities ?
Not to "public" to have a closed door meeting with no notes.

I know there are loop holes to allow that to happen, ORC.
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ozzee
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Posted - 04/10/2012 :  5:06:33 PM  Show Profile  Reply with Quote Report Abuse

Think about it:
If you were in a wrongful termination lawsuit, would you want the meetings with your attorney a matter of public record? The first thing your former employer would do is continue everything until they had an opportunity to read up on your economic commitment to the case, what you did/didn't do, what your upper and lower limits on the case are. Let council have their meetings with the attorney in private session. We don't want ANY of that a matter of public record.

An OVERWHELMING majority returned them to office because we trust them to represent us. Let them do their job.

Brent Osborn

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