To: Honorable Mayor and Members of Town Council
Title
Executive Session: Legal Advice Regarding the Aptive Environmental, LLC vs. Town of Castle Rock Litigation
Body
______________________________________________________________________
EXECUTIVE SESSION MOTION
I move to go into executive session for the purpose receiving legal advice under C.R.S. §24-6-402(4)(b) regarding the Aptive Environmental, LLC vs. Town of Castle Rock litigation.
ANNOUNCEMENT NO. 1
Announcement to be made by presiding officer at the beginning of the executive session (make sure the tape recorder is turned on; do not turn it off during the executive session unless so advised by the Town Attorney)
It is Tuesday, July 18, 2017 and the time is __________________. For the record, I am the presiding officer, Mayor Jennifer Green. As required by the Open Meetings Law, this executive session is being electronically recorded. At this time I will ask the recording secretary to verify the recorder is operating.
(RECORDING SECRETARY VERIFICATION)
This is an executive session to receive legal advice under C.R.S. §24-6-402(4)(b) regarding the Aptive Environmental, LLC vs. Town of Castle Rock litigation. In addition to members of Town Council, Town Attorney Bob Slentz, Town Manager David Corliss, Deputy Town Attorney Heidi Hugdahl and ____ are participating in the executive session.
I caution each participant to confine all discussion to the stated purpose of the executive session, and that no formal action may occur in the executive session.
If at any point in the executive session any participant believes that the discussion is going outside the proper scope of the executive session, please interrupt the discussion and make an objection.
ANNOUNCEMENT NO. 1-A
ANNOUNCEMENTS TO BE MADE AT THE BEGINNING OF AN EXECUTIVE SESSION FOR LEGAL ADVICE, OR FOR THE DISCUSSION OF LEGAL ADVICE DURING AN EXECUTIVE SESSION WHOSE STATED PURPOSE IS A SUBJECT OTHER THAN LEGAL ADVICE. (Announcement No. 1 must be made first)
By Town Attorney:
As Town Attorney, it is my opinion that the discussion of the matter announced in the motion to go into executive session constitutes a privileged attorney-client communication. I am therefore recommending that no further record be kept of this executive session.
By Presiding Officer:
The Town Attorney has recommended that no further record be kept of this executive session. The time is now _______________ and I am turning off the recorder at this time. (Turn off recording device)
(If the attorney-client communication has finished, but the executive session continues (TURN THE TAPE RECORDER BACK ON)
By Presiding Officer:
The time is now ______________________ and I have turned the recording device back on because the privileged attorney-client communication is finished.
(AT THE END OF THE EXECUTIVE SESSION, MAKE SURE ANNOUNCEMENT NO. 2 IS MADE BEFORE TURNING OFF THE RECORDING DEVICE)
ANNOUNCEMENT NO. 2
Announcement to be made by the presiding officer before concluding the Executive Session (While tape recorder is still on)
I hereby attest that this recording reflects the actual contents of the discussion at the executive session held on July 18, 2017, to receive legal advice regarding the Aptive Environmental, LLC vs. Town of Castle Rock litigation.
This recording has been made in lieu of any written minutes to satisfy the recording requirements of the Open Meetings Law.
I will hand the tape to the Town Clerk to retain for a 90-day period.
________________________________
Mayor
ANNOUNCEMENT NO. 3
STATEMENT TO BE MADE BY THE PRESIDING OFFICER UPON RETURNING TO THE OPEN MEETING
The participants in the executive session were: Town Attorney Bob Slentz, Town Manager David Corliss, Deputy Town Attorney Heidi Hugdahl and _____________________. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record.
Seeing none, the next agenda item is ….