To: Honorable Mayor and Members of Town Council
Title
Executive Session: Storage, LLC vs. Town of Castle Rock Litigation Legal Advice
Body
______________________________________________________________________
EXECUTIVE SESSION MOTION
I MOVE TO GO INTO EXECUTIVE SESSION for the purpose of receiving legal advice under C.R.S. §24-6-402(4)(b) regarding the STORAGE, LLC vs. town of castle rock litigation. THE RECORD SHOULD REFLECT THAT COUNCILMEMBER HEATH WILL NOT BE PARTICIPATING IN THE EXECUTIVE SESSION.
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, June 21, 2016 and the time is __________________. For the record, I am the presiding officer, Mayor Paul Donahue. As required by the Open Meetings Law, this portion of the executive session is being electronically recorded. At this time I will ask the recording secretary to verify the recorder is operating.
(RECORDING SECRETARY VERIFICATION)
In addition to Town Council, also present at this executive session are Town Attorney Bob Slentz, Deputy Town Attorney Heidi Hugdahl, Town Manager Dave Corliss, Public Works Director Bob Goebel, and special legal counsel Andy Nathan and _____________. This is an executive session for the purpose of receiving legal advice regarding the Storage, LLC vs. Town of Castle Rock litigation.
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 June 21, 2016 the purpose of receiving legal advice regarding the Storage, 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 forward the digital recording to the Town Clerk to retain for a 90-day period.
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Paul Donahue, Mayor