A. The city council may meet in executive session for the purpose of considering any one or more of the following matters:

1. The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; except that no executive session shall be held for the purpose of concealing the fact that a member of the local public body has a personal interest in such purchase, acquisition, lease, transfer, or sale;

2. Conferences with an attorney for the city for the purposes of receiving legal advice on specific legal questions. Mere presence or participation of an attorney at an executive session is not sufficient to satisfy the requirements of subsection A of this section;

3. Matters required to be kept confidential by federal or state law or rules and regulations;

4. Specialized details of security arrangements or investigations;

5. Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators;

6. Personnel matters; except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting;

7. Consideration of any documents protected by the mandatory nondisclosure provisions of Part 2 of Article 2 of Title 24, C.R.S., commonly known as the “Open Records Act.”

B. An executive session of the city council may be held only at a regular or special meeting of the council upon the affirmative vote of two-thirds of the quorum present at the meeting. Prior to the time the members of the city council convene in executive session, the chairman of the meeting shall announce the general topic of the executive session. An executive session may be called without prior notice during a regular or special meeting of the city council. The minutes of the regular or special meeting during which an executive session is held shall reflect the general topic of the discussion at the executive session.

C. No person attending a properly convened executive session which is authorized pursuant to subsection A of this section shall disclose to any person not in attendance at the executive session and not entitled to be in attendance at the executive session any confidential or privileged communication which was made or received by any person present in the executive session and which is related to the topic(s) for which any such properly convened and properly authorized executive session was called. For purposes of this section, confidential or privileged information shall mean any information which is related to real estate appraisals obtained on property which the city is considering buying or selling (the decision to buy or sell such real estate being required to be made in the course of a public meeting); information or legal advice delivered by the city attorney or any special counsel which is privileged under Colorado law or the Colorado Rules of Professional Conduct; matters related to security arrangements; negotiation positions which are either considered or adopted involving pending or threatened litigation, property acquisitions or sales, or contract negotiations which are on-going; personnel matters unless the employee who is the subject of the personnel matter consents to the release of such information; and any matter required by any state or federal law or regulation to be maintained in confidence. During the course of any executive session, any member may ask the members of the city council who are present for the executive session to allow disclosure of any confidential or privileged information from the executive session, but such disclosure shall be authorized only upon an affirmative vote by a majority of those members of the city council attending the executive session and entitled to vote. The provisions of this section shall not prohibit the disclosure of any communication made or received after the matters discussed at the executive session and to which the communication pertains have been lawfully released to the public. The provisions of this section shall apply to any person entitled to be in attendance at an executive session and who is later informed of the discussion at the executive session. The provisions of this section shall not apply to any person whose claim, employment or contract is the subject of the executive session.

D. If a question is raised as to the propriety or appropriateness of holding an executive session or as to the propriety or appropriateness of classifying any information as confidential or privileged for purposes of nondisclosure, the question shall be in the first instance determined by the majority of those members of the city council present at the executive session. Any member dissatisfied with such determination may appeal the council's determination to the Arapahoe County district court for adjudication as to whether or not the executive session has been called and conducted in accordance with the provisions of the city's Home Rule Charter and the provisions of this section, or whether or not any matter identified and classified as either confidential or privileged is subject to disclosure. It is the expectation of the city council that members of the city council and other persons authorized to be present at properly convened and authorized executive sessions will refrain from disclosure of confidential or privileged information received at such executive sessions, subject to the right of any person attending such executive session to avail him/herself of the appeal provisions set forth in this subsection.

E. The city attorney, or such other person as may be designated by the mayor, shall keep a record of every executive session of the city council. This record shall specify the date, who was present, the times when the session began and ended, and the general subject matter of the discussion.

F. If the city council determines that written minutes should be made of all or part of the discussion at any executive session, the minutes shall be prepared by the city attorney, or such other person who may be designated by the mayor. The record of the executive session shall note that such written minutes exist.

G. The record of an executive session shall be placed with the regular city council minutes and shall be reviewed and approved at the next regular council meeting.

H. Any minutes of city council discussions in executive session shall be reviewed and approved by the city council at its next executive session. At all other times, the minutes shall be kept by the city clerk in a locked cabinet. Only the mayor, members of city council, the city administrator and the city attorney shall have access to the minutes. The city clerk shall note the date and time during which minutes are reviewed by any of such persons.

I. Minutes of executive sessions shall be reviewed by the city council at least annually so that the city council can determine which minutes, if any, no longer need to be kept confidential. The city administrator shall schedule at least annually a review of the minutes of executive sessions. Minutes which no longer need to be kept confidential shall be placed with the minutes of regular city council meetings. (Ord. 1996-33 § 1; Ord. 1991-22 §§ 1,2; Ord. 1989-14 § 1)