This administration planned to discuss their “Annual Municipal Audit” tonight which included the auditor’s recommendations. A vote to approve this audit is scheduled for their next regular council meeting (Resolution No. 13-178).
At
first, the public was told that the audit would be discussed when the auditor
arrived and that he was running late.
Then, at some point, Marc Schrieks asked the Borough Attorney, Alan
Spiniello, if the discussion should go into closed session. Mr. Spiniello said he would have to ask the
auditor, Mr. DiMaria.
As
Mr. DiMaria entered the meeting at approximated 6:47 p.m., Mr. Spiniello
intercepted him at the door and had a few words with him outside the meeting
room.
The public needs to realize that this council
did not discuss any of the auditor’s recommendations last year at any regular
council meetings. They probably discussed them upstairs when
nobody was present. This year, they did
not have the luxury of not having anybody from the public present at their “Executive
Meeting”.
• CLOSED SESSIONS: Closed or “executive” sessions
may be held without public notice, or during the course of a public meeting,
provided that the subject matter is covered by one or more of the following
legal exemptions:
·
Matters made confidential by state, federal
law or rule by court.
·
Disclosure
would result in an unwarranted invasion of individual privacy, unless the
person affected consents in writing.
·
Disclosure
would impair the body's right to receive federal or state funds.
· Collective bargaining.
· Lease or acquisition of property, setting
of banking rates, investment of public funds if disclosure would harm the
public interest.
· Investigations
into violations of law.
· Strategies
to protect public security.
· Pending,
ongoing or anticipated litigation or contract negotiation, including
attorney-client privilege. The threat of litigation must be more than
theoretical for this exemption to apply.
· Personnel matters affecting employees of
the public bodies, unless all parties request or consent to a public hearing.
Prior to discussion of personnel, affected employees must be given notice,
known as a Rice notice, which gives the employee the right to request a public
hearing.
· Proceedings
that could result in a suspension, civil penalty, or loss of a license or
permit.
• Closed sessions are limited to discussion; all formal actions must be
made in the open, regardless of subject matter.
• Prior to any closed session, the body must adopt a resolution stating
the general nature of the subject to be discussed and the time when the
discussion can be disclosed. The precise nature of the matter discussed may be
withheld until the need for the closed session has passed.
• MINUTES: Minutes must be kept of closed sessions. The minutes
should start with a statement of the time, place and manner of notice, or in
the case of an emergency meeting, a statement sufficient to satisfy the
emergency meeting notice requirements. Minutes should show, at a minimum, the
names of the members present, individual votes of each member, subjects
considered and actions taken. Minutes must be promptly made available once the
necessity of the closed session has passed.
