Mayor delays plan to end executive sessions, vows to return with plan that has 'more teeth'

Mayor Oscar Leeser's plan to scrap executive session meetings for the El Paso City Council is off the table for now, but the mayor vowed to bring the proposal back with "more teeth."

Leeser added an agenda item for the City Council meeting slated for Tuesday, April 23, which would have eliminated closed-door talks for council members as he complains that privileged information continues to leak out.

"It's about time that we stop leaking executive session items," Leeser said during the City Council work session Monday, April 22. "If we're going to have executive session, it needs to stay behind closed doors."

Leeser related a recent encounter with someone involved with "one of the special interest groups that seem to have all the information." The person, described only as someone whose "father-in-law is one of the big money guys," approached Leeser and used "very vulgar language" to accuse him of tanking an executive session item related to the person's business.

"The vulgarity and disrespect of this gentleman was unacceptable," Leeser said.

In another instance, he said, a different person approached him and told him about the alternatives proposed for the Multipurpose Cultural and Performing Arts Center, which have only been discussed behind closed doors.

"If we're going to go behind closed doors and talk about employment or talk about contracts ... then they need to stay behind closed doors," Leeser said. "If we're going to (leak information) then we need to allow all the public to have the same opportunity to see what's going on."

As to the source of the leaks, Leeser said he cannot be sure but "can assume."

A handful of council members rose to voice support for the mayor's proposal, or at least the need for a policy to plug the hole in City Hall, but a handful remained woefully silent — city Reps. Josh Acevedo, Cassandra Hernandez and Joe Molinar had no comment during Monday's discussion.

East Side city Rep. Isabel Salcido was not in attendance.

'Disrespect to our entire community'

For East-Valley city Rep. Art Fierro, Leeser's encounter with a disgruntled and entitled constituent privy to executive session discussions is more than just disrespect to the mayor.

"I don't see it as disrespect to you," Fierro said to Leeser, "it's a disrespect to our entire community and our entire city."

For West Side city Rep. Brian Kennedy, the free flow of information beyond executive session chambers represents a more dire situation for City Council and the whole of City Hall.

"When it comes out like that, I think we've got to clean up our own house," Kennedy said. "We would not tolerate an employee leaking privileged information ... and I would hate for us to not be held to the same standards."

"When we get asked about stuff before we can even pack up our office from executive session," he added, "I think we need to have a wide-ranging conversation on how we quelch this while we still keep confidential conversations we need to have in executive session."

Kennedy noted that state law does not prohibit council members from discussing executive session items with outsiders — the law only restricts the release of recordings or certified agendas — but the city's Ethics Code does prohibit sharing such discussions.

City law also gives the City Council investigative authority for city government employees, but there is currently no process for utilizing that authority. Additionally, City Attorney Karla Nieman noted that private citizens who may have had access to privileged information would not be under the City Council's investigative jurisdiction.

"I get concerned when there's actions without consequences like this," Kennedy said. "We have power, but no process."

Executive session discussions provide 'real benefit to the public'

While Leeser's proposal called for eliminating executive session and making all items part of public meetings, South-West city Rep. Chris Canales noted that many executive session discussions are rightly held behind closed doors.

"I want to make it clear to the public that executive session isn't just secret time for the council to have any conversation that we want in secret, out of earshot," he said, noting that the brunt of executive session discussions center around personnel items, contracts and property. "And there is, I think, very clearly a real benefit to the public for most of these items."

For one thing, Canales noted that employment talks should not be held in open session as that would encroach on the employee's right to privacy. Additionally, development talks held in public would give outside forces an opportunity to undercut any deal the city might be working on.

"I think executive session has a function here that is important for the conduct of the government here," he said. "That said ... there's clearly a problem if information about these things, and information that is supposed to be kept private, is being leaked to the media or anyone else.

"It's a problem that seemingly has persisted from even before I took office and that's not acceptable."

Leeser agreed to pull the item from consideration Tuesday but promised to bring something back in the coming weeks that would more specifically aim at leakers and better protect privileged city information.

"I think it's not what we talk about, it's that we represent 100% of the taxpayers," Leeser said. "So, if we're going to give it to the special interest groups and let them know what's going on, heck, why not give it to all the taxpayers?

"They should have the same right."

This article originally appeared on El Paso Times: Mayor Leeser looks to hold City Council members accountable for leaks