10D Action 2011 0118 - Laserfiche WebLink

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MEMORANDUM DATE: January 18, 2011 TO: Mayor Cassidy and Members o e City Council FROM: Jayne Williams, City Attorney W COPY: City Manager Assistant City Manager City Clerk RE: City Manager Recruitment Process City Manager Recruitment Process Ru s Regarding Close�n a d O en a si Discussions Pursuant to the Brown Act (Government Code §§ 54957 and 54957.t» The City Council will be engaging in a recruitment process for the position of City Manager. To assist you in this process, the following is a summary of the open meeting laws (Brown Act) applicable to the recruitment /employment process: • General Rule — Personnel Exception: Closed sessions are permitted to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee .... (Government Code § 54957) • Purpose: The purpose of the Brown Act's personnel exception is to avoid undue publicity or embarrassment for an employee or applicant for employment and to allow full and candid discussion by the legislative body; thus, iris restricted w discussing • individuals, not general personnel policies. • Private v. Public: Personnel discussions in closed session must relate to specific individuals (candidates or applicants for the position). The discussion regarding the process, policies and goals for the recruitment: position description, time table, manner in which the recruitment will take place, the criteria to be used, hiring of the recruiter or appointment of an ad hoc committee of the Council, etc., are all matters that must be discussed and agreed upon in an open and public session. • Compensation /Salary: Government Code § 54957 expressly bars closed session "discussion or action on proposed compensation except for a reduction of compensation that results from imposition of discipline." •