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ADOPTION OF A RESOLUTION WAIVING ANY APPLICABLE PRIVILEGES FOR ANY CONFIDENTIAL BROWN ACT INVESTIGATIONS CONDUCTED IN THE LAST FOUR YEARS
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RECOMMENDATION
Consider adopting a resolution to waive any applicable privileges for any confidential Brown Act investigations conducted in the last four years to allow for the public release of such report(s).
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Summary
On February 18, 2025, the City Council directed the City Attorney to work through the process and bring forward an item for discussion and consideration at the
March 4, 2025, Council meeting for the waiver of any privileges associated with any investigations into Brown Act Leaks which may have occurred in the last 4 years with the inclusion of appropriate redactions, if any.
Having had an opportunity to view any such reports, Council may now consider adopting a resolution to waive any applicable privileges for any confidential Brown Act investigations conducted in the last four years to allow for the public release of such report(s).
DISCUSSION
Background
On February 4, 2025, Vice Mayor Lee and Councilwoman Ponce directed that a discussion on the waiver of privilege for any Brown Act leak investigations be agendized. On February 18, 2025, the City Attorney’s Office provided a general overview of Attorney Client and Closed Session privileges and sought direction from the Council on the next steps.
The City Council directed the City Attorney to work through the process and bring forward an item for discussion and consideration at the March 4, 2025, Council meeting for the waiver of any privileges associated with any investigations into Brown Act Leaks which may have occurred in the last 4 years with the inclusion of appropriate redactions, if any.
The City Council was provided with the opportunity to view any Confidential Brown Act Investigations conducted in the last four years in advance of the March 4, 2025, council meeting.
Present Situation
Having had an opportunity to view any such reports, Council may now consider adopting a resolution to waive any applicable privileges for any confidential Brown Act investigations conducted in the last four years to allow for the public release of such report(s).
A-C Privilege
Attorney-Client Privilege is codified under state law at Evidence Code section 954. This privilege ensures that clients receive accurate and competent legal advice by encouraging full disclosure to their attorney without fear that information will be revealed to others. For public entities, the holder of the privilege is the organization acting through its highest authorized officer, employee, or body in any given situation. For any investigations authorized by the Council, the holder is the City Council. As the holder of the privilege, the Council has the authority to waive the privilege.
Closed Session
The League of California Cities provides a comprehensive guide which pares down the key components of the Brown Act. At its essence, the Brown Act takes a strong stance in favor of open meetings but carves out important exceptions expressly authorized under the Brown Act. Closed Sessions are allowed only for specified statutory topics. Generally, closed session conversations amongst the Council ensure full and frank discussion on often sensitive topics. The Brown Act allows waiver by the City Council (Gov. Code § 54963(a)).
Financial Summary
There is no financial impact for waiving privilege of any existing reports.