If I'm following you correctly, you said the meeting is tonight and this individual is already on the agenda. Take a look at the Open Meetings Act - I'm pretty sure there is a provision that says the agenda cannot be altered within 24 hours of the meeting, except for emergency issues. Granted, I think the purpose is to prevent cities from circumventing the public notice requirements by sneaking things on to the agenda at the last minute; but I think it would also work to prevent you from removing an item. Pat had a good suggestion that you could have the council vote to remove it when they are voting on approving the agenda, but that means the Council still has to reference it in some manner.
Also, I agree with the sentiments a few others have expressed; it is going to be really uncomfortable to have this council member called out publicly, but your Council should really think hard about how much more uncomfortable its going to be if this citizen and others start talking about how the Council just brushed this assault under the rug, and the police department is in cohoots with them, etc. (you know that is how they will spin it and that the story that comes out will be 10x worse than what really happened). My advice to my council would be move it to public comment section; hold the individual to our time limit; and have the council member prepared to make a very succinct acknowledgement/apology and/or your council president (assuming not the same council member) make a generic statement that the only authority that the Council as a body has to discipline members is for malfeasance, misfeasance or misconduct in office (substitute whatever language your code uses); and that because this was a private matter between two private citizens, it is not an issue for the city council to address.
Carla Heathershaw Risko
City of Papillion | Assistant City Attorney
122 East Third Street, Papillion, NE 68046
www.Papillion.org
O: 402.829.0500 | F: 402.339.0670
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