ENCINITAS -- Councilwoman Teresa Barth said Thursday she would end her boycott of closed-session meetings but remained critical of the city's noticing policy.

Hours earlier, as the clock approached 11 p.m. Wednesday, the council debated its practice of calling closed-session talks "special meetings," for which only 24 hours' notification of the public is required.

Barth has alleged the closed-door talks don't qualify as special meetings. She says the city should post agendas for closed sessions 72 hours in advance, as is required for regular meetings.

She proposed forming a subcommittee including herself and Mayor James Bond to draft a document confirming that closed-session business would be noticed on the regular agenda -- with exceptions for urgent matters. However, Bond and Councilmen Jerome Stocks and Dan Dalager voted her down.

Councilwoman Maggie Houlihan voted with Barth.

Bond said the council does not routinely meet in closed session and such meetings should be called only when needed.

"I'm not in a supportive mode of rewriting this thing to get rid of that flexibility," he said.

State law allows elected bodies to meet in closed session to discuss personnel, legal and real estate issues.

Barth, who was elected in 2006 on a platform of government transparency, has not attended closed sessions since Oct. 10. A number of activists, including San Diego Councilwoman Donna Frye, have rallied behind her.

Stocks brought forward legal opinions on Wednesday that he said affirmed the legality of the city's noticing practices.

The opinions, prepared by City Attorney Glenn Sabine in response to Barth's concerns, cite provisions of state law that allow closed sessions to be billed as special meetings.

Sabine's analysis also cites a state Attorney General's opinion from 1964, which addresses whether a school board member received adequate notice of a closed-session meeting.

Things have changed since 1964, Barth said, and California voters proved that in 2004 by approving a constitutional amendment, Proposition 59, which affirmed that government transparency is owed to the people. The measure received 83 percent approval.

"The law is telling us to do our best, not our least," Barth said.

Some of Barth's colleagues, however, said the city's noticing practices are adequate.

"To me, this meeting tonight, we're just drowning in minutiae," Dalager said.

The audience jeered his remark.

Stocks said the responsibility of elected officials is to balance multiple interests.

"Yes, the public has a genuine interest and a right to know," Stocks said, "but there's a genuine interest in getting the people's business done in a reasonable manner."

But Barth and her supporters said the city could improve its practices.

Former Encinitas Councilman Rick Shea told the council it is unacceptable for the city to violate sunshine laws or even have the appearance of violations.

Another former council member, Sheila Cameron, said she, too, supported Barth.

Contact staff writer Adam Kaye at (760) 901-4074 or akaye@nctimes.com.