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RPVCCA_CC_SR_2012_06_19_J_ Authorization_City_Atty_to_DeLongCITY OF RANCHO PALOS VERDES MEMORANDUM TO: FROM: DATE: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL MEMBERS CAROL LYNCH,CITY ATTORNEY JUNE 19,2012 REQUEST TO DISCLOSE CITY ATTORNEY TIME AND COST PERTAINING TO THE RULES OF PROCEDURE AND PROTOCOL RECOMMENDATION:AUTHORIZE THE CITY ATTORNEY TO SEND AN EMAIL TO MR.DELONG THAT PROVIDES THE TOTAL NUMBER OF HOURS AND THE COST TO THE CITY FOR THE TIME SPENT IN CONNECTION WITH THE RULES OF PROCEDURE AND PROTOCOL PROJECT. REVIEWED BY:CAROLYN LEHR Q.Q- BACKGROUND On December 6 and December 20,2011,the City Council adopted some minor amendments to the City Council Rules of Procedure ("Rules").Subsequently,other amendments to the Rules were proposed along with the adoption of a Protocol for City Council Members and Members of City Commissions and Committees.The process of revising the Rules and Protocol and gathering input from the public and from members of the City's Commissions and Committees was conducted through the first five months of 2012,leading up to the adoption of the revised Council Rules of Procedure and Protocol on May 29,2012. On May 30,2012,the City received a request from Mr.Ken Delong for certain documents,which included the following:"City Attorney lynch billing hours /costs for revising Council 'Rules &Procedures'and Protocol project.This request is to include all billing from whence project initiated which I believe was February to and including last night's meeting.Email summary OK." DISCUSSION Invoices for City Attorney services are provided to the City monthly.The incremental time breakdown is 1/1 oth of an hour,or six minute increments.The invoices contain descriptions of work that is performed by the City Attorney's office and,accordingly,are within the scope of the attorney-client privilege.As such,the City Council must approve disclosure of information J-1 Authorization to Disclose Time Spent and Fees Incurred by the City in Connection with the Rules of Procedure and Protocol Project Page 2 of2 June 19,2012 that is subject to the attorney-client privilege.Since Mr.Delong has not asked for the content of the invoices or for the description of the specific tasks that were performed by the City Attorney in connection with the Rules of Procedure/Protocol project,Staff recommends providing the information that Mr.Delong has requested. CONCLUSION Staff recommends that the City Council authorize the City Attorney to send an email to Mr. Delong that provides the total number of hours and the cost to the City for the time that was time spent by the City Attorney in 2012 in connection with the Rules of Procedure and Protocol project. ALTERNATIVES The City Council could decline Mr.Delong's request,and if he chooses to threaten litigation against the City,the City Council then could discuss the threat of litigation in closed session. 2 1467596v1 J-2