2015/09/02 Council Agenda Packet

TO: City Council Attorney's Q MEMORANDUM FROM: Ramsey Ramerman, Assistant City Attorney DATE: July 28, 2015 Non -Confidential Communication Subject to Disclosure SUBJECT: Proposed Amendments on Subcommittees and the OPMA The amendments to the council rules proposed by Councilman Paul Roberts that add subcommittees take into consideration the issues I have raised in the past regarding subcommittees and the OPMA. Briefly, there are two concerns. First, if three subcommittee members have discussed an issue, and one of those subcommittee members subsequently discussed the issue with a councilmember who is not on the subcommittee, there is a risk that this could create a serial meeting. Second, because the subcommittee only has three members, if two members of the subcommittee discuss an issue after that meeting in preparation for reporting to the full council, that conversation could potentially qualify as an illegal meeting of the subcommittee. As I have told you, the committee as the whole is the cleanest structure in regards to addressing the OPMA concerns. On the other hand, Councilman Roberts' proposal addresses the OPMA concerns by having the subcommittee meetings held immediately before a regular council meeting. Once the subcommittee has reported to the full council, the subcommittee members can return to their role as members of the full council. Thus, any subsequent conversions can be based on the issue reported to the full council, rather than issues only discussed at the subcommittee meetings. cc. Mayor, Debra Bryant, Jim Ites 51