CC RES 2019-049 RESOLUTION NO. 2019-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ADOPTING COUNCIL POLICY NO. 55, RELATING TO CLOSED
SESSIONS
WHEREAS, the City Council of the City of Rancho Palos Verdes, pursuant to City
Resolution No. 2018-04, established the City Council Rules of Procedure manual which
incorporates state law, case law, and provisions of the Rancho Palos Verdes Municipal Code,
and has been prepared to apply to all elected and appointed bodies and staff.
WHEREAS, the Rules of Procedure articulate the confidentiality of Closed Session
discussion. The City Council wishes to include an admonition in the City Council agenda
regarding violations of the confidentiality of Closed Session. To that end, the City Council has
amended Section 3.6 (Closed Session Meetings) of Chapter 3 (Types of Meetings) of the Rules
of Procedure.
WHEREAS, the City Council wishes to create a Council Policy that articulates the
procedures surrounding the closed session privilege in some detail, consistent with Section 3.6
of the Rules of Procedure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1: The forgoing recitals are true and correct and are incorporated herein by
this reference.
SECTION 2. The City Council hereby adopts Council Policy No. 55 (Closed Sessions)
attached herewith as Attachment A, and incorporated herein by reference.
PASSED, APPROVED, and ADOPTED this 6th day of November 2019.
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Mayor
ATTEST111111111W
y Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of The City of Rancho Pal erdes, hereby certify that the above
Resolution No. 2019-49 was duly and regularly passe, and -dopted by the said City Council at
a regular meeting thereof held on November 6, 2019.
COM
VA],IL
City Clerk
01203.0001/604426.1
CITY COUNCIL POLICY
NUMBER: 55
DATE ADOPTED: 11/6/19
AMENDED:
SUBJECT: Closed Sessions
POLICY:
In accordance with Section 3.6 (Closed Session Meetings) of the City Council's Rules of
Procedure, or its successor provisions, it shall be the policy of the City Council that Closed
Session memoranda and agenda item descriptions be subject to the following procedures:
I. Closed Session Memoranda:
a. Closed Session memoranda shall be numbered and distributed to the City
Council, and key City Staff, only by the City Attorney; and
b. The City Attorney shall collect all Closed Session memoranda at the
conclusion of every Closed Session and account for each numbered memorandum
to ensure that all copies of confidential communications are returned to and
retained by the City Attorney (with a single copy retained by the City Clerk); and
II. Closed Session agendas:
An admonition shall be added to every City Council agenda noting the privilege of
the Closed Session and warning of the legal consequences of violating the same.
The text will appear right after the Closed Session heading and before the listing
of the Closed Session item(s) and will read as follows:
Please, be advised that, pursuant to the Ralph M. Brown Act, "a person may not
disclose confidential information that has been acquired by being present in a
Closed Session . . . to a person not entitled to receive it, unless the legislative body
authorizes disclosure of that confidential information." (Gov. Code § 54963(a).)
"`[C]onfidential information' means a communication made in a Closed Session
that is specifically related to the basis for the legislative body of a local agency to
meet[]lawfully in Closed Session . . . ."(Gov. Code § 54963(a).)
Please be further advised that any"[v]iolation of[Government Code § 54963]may
be addressed by the use of such remedies as are currently available by law,
including, but not limited to: (1) injunctive relief to prevent the disclosure of
confidential information prohibited by this section; (2) disciplinary action against an
employee who has willfully disclosed confidential information in violation of this
section; (3) referral of a member of a legislative body who has willfully disclosed
confidential information in violation of this section to a grand jury." (Gov. Code §
54963(c).)
01203.0001/603681.3 City Council Policy No.55—Closed Session Agendas Resolution No.2019-49
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