Evanston City Council meeting heats up over executive sessions

EVANSTON — It was a fairly normal Evanston City Council meeting on Tuesday, Sept. 2, with resolutions, ordinances and motions being reviewed and approved with only minor discussion. However, just before the last two items were considered, tension rose when councilmember Jen Hegeman asked for an executive session for a personnel matter.

“We are going to deal with the executive session that is already on the agenda now,” Mayor Kent Williams said, as he began to leave his seat. 

“You should have put yours on the agenda,” he said to Hegeman.

“You are denying me my right as a council member,” Hegeman said loudly. “State statute allows a council member to request an executive session at any time, and it doesn’t have to be on the agenda.”

Evanston City Attorney Mark Harris jumped in and told Hegeman she had to make it a motion, to which she responded with a motion to have an executive session for a personnel matter.

“It can’t be done. For you to state ‘for personnel matters’ is not sufficient,” Harris responded loudly. “Also, that motion requires a two-thirds vote of the council.”

Hegeman then reworded her motion and said the reason is personnel matters, including a complaint against a public employee, office or professional.

Williams then said council members could deal with that motion after they return from the scheduled executive session regarding the appointment of a special prosecutor and its following motion.

The council then went into executive session and, after 15 minutes, returned to the chambers and voted to reconvene the meeting.

Williams said they needed to vote on the motion to authorize the appointment of the special prosecutor for the municipal court case docket No. 25-0096. The council voted to approve the appointment with one vote in opposition —  from Hegeman.

Councilmember Jesse Lind said the need for the second executive session probably should have been added at the beginning of the meeting, before approving the agenda; but he then made a motion to go into a second executive session for a personnel issue, and councilmember Mike Sellers seconded.

Harris objected and said calling an executive session had to be for more than just a personnel matter. He insisted the entire statute be read.

Hegeman interrupted and said she would make the motion. She read Wyoming Statute 16-4-405, which states: “A member of a governing body can call for an executive session for personnel matters to consider the appointment, employment, dismissal or to hear complaints against a specific public employee, office, or professional.”

Lind then seconded Hegeman’s motion, and Williams called for a vote, with the majority approving the executive session. Councilmember David Welling and Williams voted against it.

An argument ensued over whether Harris should be allowed to attend the executive session, as he was going to be the subject of the discussion.

Welling said, “I personally don’t feel comfortable going into an executive session without legal counsel with us.” 

The majority of the council then voted to allow Harris to attend the executive session. Hegeman voted against allowing Harris to participate and stated that it goes against the conditions of an executive session.

Wyo. statute 16-4-405 (a) (ii) states “Executive session is for the governing body to deliberate on personnel matters, the point is to allow candid discussion without the subject present.

According to Robert’s Rules of Order and Wyoming practice, only those the body votes to invite may attend, unless they are the subject. If the subject is the person being evaluated, their attendance defeats the statute’s purpose. 

If the council majority insists the subject remain, the session is improper. It loses statutory protection and any confidentiality claim is compromised. 

Councilmembers who objected to the subject attending are protected by their objection; any decisions made inside that session risk being challenged; and councilmembers who voted to allow the subject to attend assume exposure if the action is later litigated. 

The council and Harris then adjourned into the private chambers and, after another 15 minutes, they returned and voted to reconvene the meeting.

This story was published on Sept. 17, 2025.