HomeMy WebLinkAbout12 - NB-2 - Release of Confidential Memorandum - 12/5/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: December 5, 2017 ITEM NUMBER: NB -2
SUBJECT: RELEASE OF CONFIDENTIAL MEMORANDUM
DATE: DECEMBER 5, 2017
FROM: OFFICE OF THE CITY COUNCIL
PRESENTATION BY: MAYOR PRO TEM ALLAN MANSOOR
FOR FURTHER INFORMATION CONTACT: MAYOR PRO TEM ALLAN MANSOOR
(714) 754-5107
RECOMMENDATION:
That the City Council decide whether or not to waive the attorney-client privilege regarding
a memorandum from the City Attorney's Office to the City Council, or, in the alternative,
without waiving the privilege, to disclose the memorandum to specific officers of the City
only.
BACKGROUND:
Mayor Pro Tem Mansoor has requested that this matter be placed on the agenda for
action by the City Council. The City Attorney's Office prepared a legal analysis regarding
the designation of certain employee positions at the request of a councilmember and
provided a memorandum on that subject to the City Council on November 21, 2017 (the
"Memorandum"). The Memorandum was a confidential attorney-client communication
that was disclosed to members of the City Council only.
ANAI YRIS•
The Memorandum is an attorney-client privileged communication that was sent to the
City Council. The City Council as a body is the holder of the attorney-client privilege
that exists for communications between the Council and its attorneys. See Roberts v.
City of Palmdale, 5 Cal. 4th 363, 371 (1993); Evidence Code § 953. As such, the City
Council, by a majority vote, may decide whether or not to waive the attorney-client
privilege. For purposes of deciding whether or not to waive the privilege or take other
action regarding disclosure of the Memorandum, the City Council may discuss this
matter in open session to the extent this discussion does not reveal the content of the
Memorandum.
AVAILABLE OPTIONS:
The City Council may: 1) waive the attorney-client privilege and make this
Memorandum available to the public; 2) provide a copy of the Memorandum to specific
officers of the City only without waiving the privilege; or 3) take no action.
FISCAL REVIEW:
None.
LEGAL REVIEW:
The City Attorney's Office has provided the analysis for this report. The decision to
disclose the memorandum remains with the City Council as a body.
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TOP4rDUARfE, CITY ATTORNEY