Kodiak council splits over closed-door legal advice on how to hire next city manager

Kodiak City Council members split Thursday over whether to meet privately with the city attorney about the process for hiring the city's next manager, after two residents urged the council to keep that discussion public.

The city's recording ends during the roll call, before a result. Council Member Richard Walker voted yes. Council Member Bob Stanford, attending by teleconference, voted no, after saying during debate that he was not sure he could vote remotely. Council Members Annika Woods and Sandra West had said they would not support the closed session. Council Member Nick Mangini was absent.

Tim Putney is serving as interim city manager, according to the council's Oct. 8 minutes. The Oct. 22 agenda said it was "necessary" for the council to meet in executive session "to seek guidance from the City Attorney on the City Manager hiring process." It did not say who asked for the session or what the attorney wanted to discuss. The council last met privately with its attorney Sept. 30, on a potential claim involving a former employee.

"It is inappropriate to have an executive session to talk about the process," Eileen Fitzgerald said in public comment. A second resident, who gave his name as Michael, said he did not assume malice but asked that the conversation happen in public to rebuild trust in a long search. "Don't set them up with a PR nightmare on day one," he said of the next manager.

Woods, who is leaving the council, made the motion but said she would vote against it. City code allows closed sessions for legal advice, including on pending or anticipated litigation, but she said the agenda report did not show why this one qualified. The hiring process is not litigation, a property purchase or a personnel matter, she said, and the manager's contract is public. "I don't think it passes the red face test or the sniff test," she said.

She suggested the attorney put his advice in writing for the meeting packet, noting that the Kodiak Island Borough has a process for releasing attorney opinions, and urged the city to adopt rules for releasing executive session records once they no longer need to be confidential.

West said she was not inclined to go into closed session either. Closed sessions protect people's reputations, she said, but "I don't see that as being the case this time."

Council Member Djuna Davidson said she assumed best intent and leaned toward going in. She said a closed session does not necessarily mean the council is hiding something from the public. Walker said he wanted to hear what the attorney had to say. Asked whether the session would violate the Open Meetings Act, City Clerk Brandy Warnecke said, "It wouldn't have been scheduled if I thought it had violated the Open Meetings Act."

Mayor Terry Haines said that if the council declined to go into closed session, it could ask the attorney for "a short brief" explaining why one would help, then take up the discussion at an Oct. 29 meeting.