City Attorneys

 View Only

  • 1.  Closed Session Question

    Posted 02-14-2025 10:33

    Hello-We are going to hire a new City Clerk as ours is retiring.  Please let me know how you have handled the interview/hiring process.  Have any of you done the interviews in closed session? 

     

    Thanks for any direction you are willing to provide.

     

    Suzy

    City of Valentine Attorney

     

    Susan N. Beel

    Attorney    

    Peterson Beel, LLP

    Sandhills Title Company

    P.O. Box 46

    114 E. 3rd Street

    Valentine, NE 69201

    Peterson Beel LLP:

    0- (402) 376-2271

    F- (888) 482-6908

    Sandhills Title Company:

    O- (402)376-2639

    F- (888) 482-6908

    E – suzy@petersonbeel.com

     

    WARNING/CAUTION: This e-mail and any files transmitted with it are strictly confidential and are intended solely for the use of the individual or entity to whom it is addressed. This communication may contain material protected by lawyer-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail and any file attachments is strictly prohibited. If you have received this e-mail in error, please immediately notify us by a collect telephone call to (402) 376-2271 or by reply e-mail to the sender. You must destroy the original transmission and its contents.

     

     



  • 2.  RE: Closed Session Question

    Posted 02-14-2025 10:56

    Not sure what the need would be for a closed session. That is a mayoral appointment and certainly wouldn't need the whole city council.

     

    Patrick J. Sullivan

    Adams & Sullivan, P.C., L.L.O.

    1413 S. Washington, Suite 300

    Papillion, NE 68046-2843

    (402) 339-9550 

     

    Areas of Practice: Business Transactions and Litigation • Estate Planning, Trust Administration & Probate • Real Estate Development and Transactions • Municipal and School Law • Labor and Employment Law • Divorce •  Workers' Compensation and Personal Injury • Insurance Litigation • Guardianships and Conservatorships 

     

    The information contained in and transmitted with this electronic mail constitutes confidential information, should be considered subject to the attorney-client privilege or the attorney work product doctrine, and is intended to be transmitted and communicated only to the individual and/or entity named in the above addresses). If the reader of this communication is not the intended recipient, or is not the authorized employee or agent responsible to receive this communication for and deliver this communication to the intended recipient, you are hereby notified that any dissemination, distribution, or duplication of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and delete the electronic mail from your computer system as soon as possible. Thank you.

     

     




    Original Message


  • 3.  RE: Closed Session Question

    Posted 02-14-2025 11:02

    My reading of the Open Meetings Act provides a very limited basis for the use of a closed session.  For that reason, I have always directed the Boards/Councils to conduct interviews in an open meeting.  It can be somewhat uncomfortable for the candidates, but ultimately I believe the Act doesn't allow for a closed session.

     

    Sincerely,

     

    Drew A. Graham

    Associate Attorney

     

    Phone 402.694.5504 | Fax 402.362.5507

    Email dgraham@svehlalaw.net | Web www.svehlalawoffices.com

     

    Aurora 1223 M Street, Aurora, Nebraska 68818

    York 408 N Platte Avenue, Suite A, York, Nebraska 68467

     

     

    NOTICE:  The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above.  This message may be an attorney-client communication and as such is privileged and confidential.  If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, this serves as notice to you that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited.  If you have received this communication in error, please delete the original and notify me immediately via e-mail at dgraham@svhelalaw.net or by telephone at (402) 362-5506.  Thank you.

     




    Original Message


  • 4.  RE: Closed Session Question

    Posted 02-14-2025 11:04

    The other option is to have small groups meet with the candidates so you don't have a quorum issue.

     

    Stacy R. Nonhof 

    Assistant City Attorney 

    325dab41c78e4d27a87e9f70d6d4c75d@grand-island.com?anonymous&ep=signature">

    325dab41c78e4d27a87e9f70d6d4c75d@grand-island.com?anonymous&ep=signature">Book time to meet with me

     




    Original Message


  • 5.  RE: Closed Session Question

    Posted 02-14-2025 11:29
    I agree interviews like this cannot be conducted in a closed session under the Open Meeting's Act. Having the mayor or perhaps a "hiring committee" (made up of the mayor, a council member and sometimes the retiring employee) are how most municipalities I've worked with have done it.  

    I also recommend, if you haven't already done so, to check your town's municipal ordinances to make sure there isn't an ordinance which directs hiring to be done in a certain way. I know a couple of the municipalities I work with have ordinances which specifically direct the mayor to do the interviews and hiring (although the hiring is typically subject to council approval) and I have one municipality that has an ordinance which directs the council to appoint someone to do the interviews and then make a recommendation to the full board. 

    Jamian J. Simmons
    Smith, King & Simmons P.C. 
    P.O. Box 302
    Gordon, NE 69343
    (308) 282-0690



    Original Message


  • 6.  RE: Closed Session Question

    Posted 02-14-2025 11:05

    I have always had it done in open session.  I recall seeing some case law on this issue that made me nervous about doing it closed session.  Or a hiring committee of 2 people could be formed to conduct an interview outside of normal session. 

     

    Thomas David Prickett

    Attorney at Law

    Reinsch, Slattery, Bear, Minahan & Prickett, P.C., L.L.O.

    545 Main Street

    P.O. Box 489

    Plattsmouth, NE 68048

    402-296-6996

     

    This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, U.S.C. Sections 2510-2521, and may be legally privileged. This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product, or exempt from disclosure under applicable law.  If you are not the intended recipient(s) you are notified that the dissemination, distribution or copying of this message is strictly prohibited.  If you receive this message in error or are not the named recipient(s), please notify the sender at either the email address  or telephone number above and delete this email from your computer.  Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

     




    Original Message


  • 7.  RE: Closed Session Question

    Posted 02-14-2025 11:24
    Standard process in the tiny towns I've helped for interviews to be done by committee of less than a quorum.  Typically report back with a recommendation, which is generally followed by the board in a regular meeting.  

    Been a while since I read the statutes, but I believe there would be some room to go into closed session to discuss the candidate pool and discuss which candidates you want to hire after receiving applications. 


    Joshua Wendell

     

    McQuillan & Wendell, P.C., L.L.O.

    PO Box 478

    Ogallala, NE 69153

    Ph# 308-284-4058

    FAX 308-284-6420





    Original Message


  • 8.  RE: Closed Session Question

    Posted 02-14-2025 11:44

    How is hiring not administrative for either a city administrator or the mayor/board chair to handle.  In my experience some small cities and villages have the council/board do the hiring, but I don't think it is mandatory, unless I am missing something.  For purposes of a closed session, wouldn't the justification pursuant to the Open Meetings Act be:

    "for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting."

    This provision is not limited to employees.  The list of examples pursuant to paragraph (1) is not a finite list of reasons for a closed session, the list merely sets forth some examples.

     

    The issue to me is responding to a public records request for resumes.  As I understand it, resumes of the finalists must be provided.

     

    Roger K. Johnson

     




    Original Message