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ADOPTION OF A RESOLUTION WAIVING ANY PRIVILEGES APPLICABLE TO AN EMAIL FROM THE CITY ATTORNEY’S OFFICE TO THE CITY COUNCIL ON JULY 30, 2025, AT APPROXIMATELY 3:39 PM PACIFIC TIME/6:39 PM EASTERN TIME
recommended action
RECOMMENDATION
Consider adopting a resolution to waive any privileges applicable to an email and the contents thereof from the City Attorney’s Office to the City Council on July 30, 2025, at approximately 3:39 pm Pacific Time (PT)/6:39 pm Eastern Time (ET).
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Summary
Consistent with Council Policy Chapter 4.02, on July 7, 2026, the Vice Mayor, with a second from Councilmember Enriquez, directed staff to agendize an item for Council to consider waiving any privileges applicable to an email and the contents thereof from the City Attorney’s Office to the City Council on July 30, 2025, at approximately 3:39 pm PT/6:39 pm ET. In accordance with that direction, this item has been placed on the agenda for the Council to consider adopting a resolution to waive any privileges applicable to that email and the contents thereof.
DISCUSSION
Background
Consistent with Council Policy Chapter 4.02, on July 7, 2026, the Vice Mayor, with a second from Councilmember Enriquez, directed staff to agendize an item for Council to consider waiving any privileges applicable to an email and the contents thereof from the City Attorney’s Office to the City Council on July 30, 2025, at approximately 3:39 pm PT/6:39 pm ET.
Present Situation
In accordance with the direction provided on July 7, 2026, this item has been placed on the agenda for the Council to consider adopting a resolution to waive any privileges applicable to an email and the contents thereof from the City Attorney’s Office to the City Council on July 30, 2025, at approximately 3:39 pm PT/6:39 pm ET.
Attorney-Client 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. 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 under Government Code section 54963(a).
FINANCIAL SUMMARY
There is no financial impact for waiving privilege of the email.