HomeMy WebLinkAboutResolution 97-136 05/19/1997 _
Resolution No. y7-t:~fi N.C.S.
of the City of Petaluma, California
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5 ESTABLISHING A CLOSED SESSION POLICY
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]0 WHEREAS, the Ralph M. Brown Act governs meetings conducted by local legislative bodies
11 such as the Petaluma City Council; and
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13 WHEREAS, the Ralph M. Brown Act represents the Legislature's determination of how the
14 balance should be struck between public access to meetings of multi-member public bodies on one hand
15 and the need for confidential candor, debate, and information-gathering on the other; and
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17 WHEREAS, although it is the intent of the Ralph M. Brown Act that legislative bodies' actions
18 be taken openly and that their deliberations be conducted openly, it also specifically allows legislative
19 bodies to meet in executive {i.e., closed) sessions with respect to specific types of matters and has
20 recognized certain exceptions to open meetings which would allow legislative bodies to conduct their
21 business in closed session for the benefit of the public or the protection of others under limited
22 circumstances; and
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24 WHEREAS, the Ralph M. Brown Act requires that certain specific types of actions taken in
25 closed session (i.e., "REPORTABLE ACTION") be reported to the public in open session; and
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27 WHEREAS, the City Council wishes to make publicly available to the greatest extent possible
28 all information regarding the actions of the Council and the City government in general; and
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30 WHEREAS, the City Council desires to establish a policy which provides a procedure for the
31 City Council to disclose more than the "REPORTABLE ACTIONS" required under the Brown Act and
32 which also takes into consideration the interests of the public in keeping confidential certain
33 information.
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1 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
2 hereby establishes the following"Closed Session Policy," to wit:
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4 1. Council shall publicly report any action taken in closed session and the vote or abstention
5 of every member present thereon with respect to those types of actions required to be
6 reported in open session under Government Code section 54957.1 ("REPORTABLE
7 ACTION").
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9 2. At the end of every closed session, the City Council shall, by motion and vote of the
10 majority of the members present in closed session, elect. either to disclose no information
11 or to disclose to the public an agreed upon written statement as to any portion of its
12 discussion over and above the required "REPORTABLE ACTION" which is not
13 otherwise confidential under federal or state law, the charter, or non-waivable privilege;
]4 which the majority deems to be in the public interest.
IS
16 3. The disclosure shall be made through the presiding officer of the City Council or such
17 other person whom he or she designates to convey the information and shall be conveyed
18 in open session convened after the closed session on the same day.
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20 4. In developing the information to be disclosed, the City Council shall take into
21 consideration both the need to maximize information available to the public whenever
22 practical while also minimizing exposure to liability and honoring the legitimate privacy
23 rights of involved parties.
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25 5. In addition to the disclosure of the information agreed upon by the majority of the City
26 Council present at the closed session, the vote or abstention with respect to such
27 agreement of every member present during the closed session shall be reported as well by
28 the presiding officer of the body or his or her designee, except as to closed sessions
29 regarding litigation, real property negotiations, labor negotiations, and personnel matters.
Reso. 97-136 NCS Page 2 of 3
1 6. No individual City Councilmember, other than the presiding officer of his or her designee
2 through the procedure set forth above shall report any "REPORTABLE ACTION" or any
3 other action or information concerning a closed session.
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by th ~ Approved as to
Council of the City of Petaluma at a (Regular) Qtk1j2N>uIIrdC1X(~1FS991~ meeting
on the .._._.19th_...... day of ..........1VIay 19..92.,. by the
followingvote:
~i y Attorney
AYES: Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
NOES: None
ABSENT: None
ATTEST: ...-.."'..~JV.+L.R~L.~...._..... ~r+t.l.....-_._....------... ~ ./....v..4.~..
City ClerI~EPUTYC~~.,~.Fp~un~aF,t~. Mayor
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