9
CONSENT AGENDA
None.
10
11
INTRODUCTION OF PROPOSED ORDINANCES AND ASSIGNMENT TO COMMITTEE
None.
INTRODUCTION OF PROPOSED RESOLUTIONS AND ASSIGNMENT TO COMMITTEE
A motion was made by Jeanie Lauer, seconded by Sean E. Smith, to adopt
Resolution #22354.
Megan L. Smith, County Legislator, asked how she can join the closed
session. Manuel Abarca IV said per the email sent to legislators phones will
not be allowed in the legislative meeting and legislators must be present to
participate in the closed session due to the sensitive subject matter. Megan
L. Smith asked Whitney Miller, Deputy County Counselor, if the Chairman of
the County Legislature has the authority to retrieve phones and not allow
legislators to participate unless they are present for the closed session. Ms.
Miller said she would need to review the law on this issue.
A motion was made by Megan L. Smith, seconded by Sean E. Smith to hold
Resolution #22354 to allow the County Counselor time for due diligence.
Chairman Abarca said he will not hear the motion to hold. He said he did not
receive notice from Ms. Smith that she would not be in person at the
meeting.
Discussion.
Sean E. Smith said he would like to recess and he withdrew his second to
the motion to hold Resolution #22354.
A motion was made by Sean E. Smith, seconded by Jalen Anderson to take
a 10 minute recess. The motion passed by a voice vote.
The County Legislature reconvened.
Whitney Miller said she reviewed the County Charter, Rules of the
Legislature and the Sunshine Law with the assistance of outside counsel
and they agree the Chair of the County Legislature does not have the
authority to unilaterally change practices used when conducting closed
meetings. She said procedural changes could be made with a majority vote
of the County Legislature. Therefore, the County Legislature should follow
the procedures used in the past until changes are voted on by the body.
Due to concerns of privacy, she said each participant of the closed meeting
by phone can attest verbally that no one is listening to the conversation. She
then cited Section 610.020 section 3 of the Sunshine Law.