EVANS CITY — Two officials here did not sign a confidentiality agreement that is meant to prevent council members and the mayor from sharing information with the public outside of executive sessions.

The six other council members signed the document at the Jan. 3 meeting, where council President Lee Dyer explained that discussions from meetings behind closed doors have been repeated to him verbatim from members of the public.

According to state code, the members of elected councils and boards of supervisors are permitted to meet out of the public eye, known as “executive session,” regarding matters involving real estate purchases, employee matters, contract negotiations or collective bargaining, and legal matters, said Sean Gallagher, the borough’s co-solicitor.

He said it is generally understood that the discussions in those closed-door meetings are not to be revealed by council or board members to anyone not in attendance at the executive session meetings.

At the Jan. 3 meeting, Dyer asked all seven council members and the mayor to sign a confidentiality agreement in which they pledge to never share discussions held in executive session with outsiders.

When Mayor Dean Zinkhann and Councilman Paul Foster balked, they were given two weeks to sign the document. The two weeks expired on Jan. 17 and neither has signed.

Foster said on Friday that he did not sign the document for several reasons.

He said in the past, if the council didn’t want to discuss an issue with the entire council and mayor, a committee was formed to work on the issue.

Foster also wondered if the confidentiality agreement would block him from talking about anything mentioned in an executive session that may be brought up in later casual conversation.

“If I sign the document, I can’t talk about that (with the public)?” Foster said.

Also, Foster said, all actions and votes taken by council members are covered under professional liability insurance should there be a lawsuit against someone on the council. He said the exception is the confidentiality document.

“There’s some issues there,” Foster said.

He also worries that he could be accused of being in violation of the document after he leaves office.

“This is about my personal conduct, not my conduct as a council member,” Foster said. “I’m kind of leery of signing this.”

Zinkhann hesitated to give his reasoning for not signing because he has consulted with an attorney from the Pennsylvania State Mayors’ Association regarding the matter.

“I am waiting on my attorney’s advice,” Zinkhann said.

The mayor said he feels bad that the confidentiality document is needed at all.

“I just don’t want to sign my life away,” Zinkhann said.

Gallagher said if the council decides an official who signed is talking outside of executive session and wanted to enforce the confidentiality document, they would go to county court to seek an injunction and the cost of attorney fees against the violator of the document.

To establish proof that there was a violation, Gallagher said, testimony would have to be given regarding what was leaked.

Gallagher’s father, co-solicitor Mike Gallagher, said he recalled a case worked many years ago by a retired partner at his firm that went to court because a supervisor was sharing union negotiation information with the municipality’s union members.

The next Evans City council meeting will be at 6 p.m. Feb. 6 at council chambers in the police station/library building.