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I 'I I I I 'I made on merit alone nowadays.... This Manager has a different contractual relationship and that practice does not apply directly to him in any event." - City Manager Everett explained that the Executive Service Group was given a one and a half year contract which expires April 30, 1997. "I am negotiating with them, and I don't expect to be part" of their contract. City Attorney Schricker said the matter of compensation for the City Manager was solely up to the Council. In response to Councilman Claire's statement that whatever the Executive Service Group negotiates would not be added to the City Manager's compensation, City Attorney Schricker said, "Legally that would not happen. The Manager's salary is separate ITom that Group." Vice Mayor Howard said, "1 have to commend the City Manager for waiting this time period (ITom last October). Not many people would be so patient in receiving a raise. But we have had many other things going on in the City and I appreciate him deferring this to now." She added that it was up to Council to schedule necessary closed sessions. In response to Councilman Leipzig's questions, City Attorney Schricker and City Manager Everett described discussing performance evaluations and negotiations in closed sessions which were permissible under the Brown Act. City Attorney Schricker said, "You can speak in terms of salaries and specific dollar amounts in a negotiating - context with a representative, for instance SEIU and IAFF and Executive Services even though they don't have a so called recognized organization, they nevertheless have representation. You are in a negotiating context and can discuss that in closed session." City Attorney Schricker said it was hard to divorce performance ITom salary, but the actual approval and tying together of salary and performance must be done in open session. Details of performance that may be personal or embarrassing with respect to performance evaluations may be discussed in closed session. Councilman Leipzig said he had concerns regarding the Brown Act interpretation that performance and salary could not be discussed in closed session, and said he still was concerned about the lack of communication amongst the Council and the Council Salary Subcommittee. "I think we have to start working a little closer. I realize the Brown Act prohibits us ITom doing certain things." Mayor Hartnett said last year's meetings with the City Manager were very productive, and although the City Manager had reminded him of Council's desire to hold more meetings, the Council had not taken the initiative to schedule more closed sessions regarding performance. He said the proposed recommendation was due to the Council a long time ago, and the delay was due to the schedules and obligations of the Committee Members and his absence. Mayor Hartnett said the Brown Act prohibits polling of Council Members. - REGULAR COUNCIL MEETING MINUTE BOOK NO. 55 APRIL 21,1997 MINUTES Page No. 261 PAGE 9