Public Excluded from Interviews with Bidders for City Contract

Public Excluded from Interviews with Bidders for City Contract

CENTRAL —  Friday, May 13, 2011.  Mayor Mac Watts’ Committee on City Services and a room full of spectators heard four contractors vying for Central’s City Services contract make presentations on their companies this morning.

But when it came time to ask questions of the contractors, the committee voted unanimously to clear the public from the room and go into Executive Session.

Central City News editor Woody Jenkins objected to the closed hearing on grounds that it was public business and that the committee was violating the Open Meetings Law. Jenkins said the Public Notice issued yesterday said the public would be excluded so the committee could discuss collective bargaining or litigation when in fact the subject was selection of a city contractor.

However, City Attorney Sheri Morris cited an Attorney General’s opinion that the Public Notice was merely a typographical error that was corrected this morning.

Jenkins said the only thing that could be discussed in the closed meeting was the qualifications and character of the individuals — not the plans or methods of operation of the companies. The committee excluded the public at 2:30 p.m. and the meeting continued until after 6 p.m.

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MAYOR’S COMMITTEE FILES NOTICE TO EXCLUDE PUBLIC

CENTRAL —  Thursday, May 12, 2011.  Mayor Mac Watts’ Committee on City Services has filed a meeting notice for Friday, May 13 which could exclude the public from attending interviews of the four companies bidding to provide City Services in the City of Central.

The committee filed a notice to meet at 11:15 a.m. at the Central Fire Station to hear presentations from the companies. The committee filed a 2nd notice calling a meeting to interview the four companies beginning at 2:15 p.m. at the Fire Station.

The second notice said the committee may go into Executive, or closed, Session to interview the companies, pursuant to La. R.S. 42:17(A)(2).

The Central City News has filed an objection with the committee chairman, Wayne Leader, to holding the meeting in secret. Editor Woody Jenkins said, “La. R.S. 42:17(A)(2) only allows closed meetings to discuss ‘collective bargaining’ and ‘litigation’. Neither of those topics are within the duties of this committee. Nor are those topics on the agenda.”

In an email to Leader, Jenkins said, “The meeting notice says that the committee may go into Executive or closed Session pursuant to La. R.S. 42:17(A)(2).  That provision reads as follows:

§17.  Exceptions to open meetings

A.  A public body may hold an executive session pursuant to R.S. 42:16 for one or more of the following reasons:

(2)  Strategy sessions or negotiations with respect to collective bargaining, prospective litigation after formal written demand, or litigation when an open meeting would have a detrimental effect on the bargaining or litigating position of the public body.

“On behalf of the Central City News, we object to this committee’s holding a closed meeting under the statute cited.  Your committee has no duties with respect to ‘collective bargaining, prospective litigation after formal written demand, or litigation’.  Moreover, your agenda does not state any such agenda item but rather interviews with prospective city contractors.
“Please advise us if you plan to go forward with an Executive Session.  If we do not hear back from you by 9 a.m. Friday, we will go forward with filing a complaint Friday morning under Louisiana’s Open Meetings Law.
“La. R.S. 42:25 provides for the filing of complaints by any person with the District Attorney or Attorney General, who has the obligation to file proceedings to enforce the provisions of the Open Meetings Law.  That statute provides as follows:

§25.  Enforcement

A.  The attorney general shall enforce the provisions of this Chapter throughout the state. He may institute enforcement proceedings on his own initiative and shall institute such proceedings upon a complaint filed with him by any person, unless written reasons are given as to why the suit should not be filed.

B.  Each district attorney shall enforce the provisions of this Chapter throughout the judicial district within which he serves.  He may institute enforcement proceedings on his own initiative and shall institute such proceedings upon a complaint filed with him by any person, unless written reasons are given as to why the suit should not be filed.

C.  Any person who has been denied any right conferred by the provisions of this Chapter or who has reason to believe that the provisions of this Chapter have been violated may institute enforcement proceedings.

“With respect, we request that your interviews of prospective contractors for City Services in the City of Central be open to the public as required by law.”
Leader responded that he has referred the matter to City Attorney Sheri Morris.
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Note: Louisiana law has an additional requirement when a public body wants to meet in Executive Session under La. R.S. 42:17(A)(2).  That requirement is found in R.S. 42:19(A)(1)(iii) as follows:

§19.  Notice of meetings

(iii)  Following the above information there shall also be attached to the written public notice of the meeting, whether or not such matters will be discussed in an executive session held pursuant to R.S. 42:17(A)(2):

(aa)  A statement identifying the court, case number, and the parties relative to any pending litigation to be considered at the meeting.

(bb)  A statement identifying the parties involved and reasonably identifying the subject matter of any prospective litigation for which formal written demand has been made that is to be considered at the meeting.


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