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CC RES 2018-025 RESOLUTION NO. 2018-25 A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, INITIATING A CITY PROCEEDING TO INVESTIGATE POSSIBLE VIOLATION(S) OF THE RALPH M. BROWN ACT, GOVERNMENT CODE§§54950 ET SEQ.; DIRECTING CITY STAFF AND THE OFFICE OF THE CITY ATTORNEY TO CONDUCT SUCH INVESTIGATION; TASKING THE RECENTLY CREATED AD HOC SUBCOMMITTEE TO OVERSEE SUCH INVESTIGATION AND TO REPORT THE RESULTS OF THE SAME TO THE FULL CITY COUNCIL AS AND WHEN APPROPRIATE; AND AUTHORIZING THE ISSUANCE OF LEGISLATIVE SUBPOENAS, IF AND AS NEEDED, TO AID IN SUCH INVESTIGATION WHEREAS, in 2002 the Legislature amended the Ralph M. Brown Act, Government Code § 54950 et seq., to prohibit the unauthorized disclosure of"confidential information" acquired in a closed session by any person present (Government Code § 54963); and WHEREAS, only the legislative body acting as a body may agree to divulge confidential closed session information and, with respect to attorney/client privileged communications, the entire body is the holder of the privilege and only the entire body may waive that privilege. (Roberts v City of Palmdale (1993) 5 Ca1.4th 363, 373.); and WHEREAS, the 2002 amendments to the Ralph M. Brown Act went further to prescribe particular remedies for breaches of confidentiality. These remedies include injunctive relief; and where the breach is a willful disclosure of confidential information, the remedies include referral of a member of the legislative body to the district attorney or the grand jury; and WHEREAS, Government Code § 1222 makes it a misdemeanor for a public official to "wilful[ly] omi[t] to perform any duty enjoined by law . . . ."; and WHEREAS, in privileged and confidential discussions between City staff and the Office of the City Attorney there exist specific articulable facts and circumstances to suspect that, over a substantial period of time, there have been circumstances in which confidential information (know only in the context of a privileged "closed session")that have been willfully and unlawfully shared outside of the same and in violation of law; and WHEREAS, members of the City Council have, themselves, shared with the Office of the City Attorney additional specific articulable facts and circumstances to suspect that, over a substantial period of time, there have been circumstances in which confidential information (know only in the context of a closed session) have been willfully and unlawfully shared outside of the closed session; and WHEREAS, the City Council has the legal authority to investigate potential violations of Section 54963 and report the same to the Public Integrity Division of the Los Angeles County District Attorney and/or the Los Angeles County Criminal Grand Jury. /// NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council finds and determines that the foregoing recitals are true and correct, and adopt the recitals as findings in support of the actions taken herein. Section 2. The City of Rancho Palos Verdes does hereby initiate a legislative proceeding before the City Council to investigate and determine whether and when the privilege of the "closed session" may have been violated in contravention of Government Code § 54963 (and common law principles of similar effect) and to take such action, as may be warranted by law, including possible reference of such violation(s) to the Public Integrity Division of the Los Angeles County District Attorney and/or the Los Angeles County Criminal Grand Jury. Section 3. The City Council hereby tasks the ad hoc subcommittee, comprised of Mayor Pro Tern Jerry Duhovic and Councilmember Eric Alegria, first created by Resolution No. 2018-22, to oversee the legislative proceeding and investigation authorized in this resolution. The ad hoc subcommittee shall have the authority, with the concurrence of the City Attorney, to determine if, when, and to whom any legislative subpoena(s) need be issued pursuant to this Resolution requiring attendance of witnesses or production of books, records, or other documents for evidence or testimony in this proceeding and in aid of the investigation authorized herein. Section 4. The City Council hereby authorizes the issuance of such legislative subpoena(s) as may be deemed necessary or appropriate by the ad hoc subcommittee, City Manager, and City Attorney to undertake the investigation and in aid of the proceeding authorized herein. Section 5. The City Council hereby orders that any legislative subpoena issued pursuant to the authority provided by this Resolution shall be in a form provided by the City Attorney, shall be signed by the Mayor and attested to by the City Clerk in the manner required by law. The City Council hereby declares that failure to comply with any subpoena(s) issued pursuant to this Resolution shall subject the subpoenaed party(ies)to the remedies set forth in Government Code §§ 37104 et seq. or such other remedies as is provided by law. Section 6. The City Council hereby authorizes the Mayor, City Manager, City Clerk and the City Attorney to take such actions as may be necessary or proper to issue, serve and enforce any subpoena(s) issued pursuant to this Resolution. This authority includes the issuance of such subpoena(s)to any person or entity,their officers, employees and agents, in furtherance of obtaining public records, testimony and/or other information that will assist the City, its staff, and attorneys in their efforts to investigate possible violation(s) of the privilege of the"closed session" under the Ralph M. Brown Act. Should a witness fail to produce the subpoenaed documents and/or evidence, the Mayor is 01203.0001/467758.4 Resolution No. 2018-25 Page 2 of 3 authorized to report such failure to abide by the subpoena to the Superior Court and seek any and all lawful remedies including a ruling holding the subpoenaed witness in contempt. Section 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this resolution, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption. PASSED, APPROVED and ADOPTED this 1st day of May, 2018. sCIC."c Isla or Y Attest: 111, 41111M VI! -rk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2018-25 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May \018. 16,1111111%.'"W two, 01 dal& MilipClerk 01203.0001/467758.4 Resolution No. 2018-25 Page 3 of 3