REPORT TO THE CITY COUNCIL
November 7, 2019
FROM: Councilmembers Karbassi, Bredefeld, and Mayor Brand
BY: Doug Sloan, City Attorney
SUBJECT
Title
BILL - (For introduction) - Approve an ordinance of the City of Fresno, California, adding Section 2-319 of the Fresno Municipal Code, relating to confidentiality of attorney-client privileged and personnel records.
Body
RECOMMENDATION
Approve the Ordinance, which would prohibit dissemination of attorney client privileged or confidential personnel records to any unauthorized person. Violations may be punished as a misdemeanor.
EXECUTIVE SUMMARY
Dissemination of confidential attorney client privileged or personnel records to unauthorized persons can be damaging to the City’s legal and financial interests or violations of individuals’ privacy rights. Without this ordinance, there may be no effective means of enforcement.
This ordinance prohibits disclosures of clearly marked attorney client privileged or personnel records to unauthorized persons. Also, should an unauthorized person receive such materials, the ordinance prohibits further disclosure, and requires return of the records upon demand of the City Attorney.
The maximum penalties pursuant to the Charter and Municipal Code include fines of up to $1000 and/or up to one year in jail (Charter section 1502). The City Attorney, or independent counsel hired by the Council or City Attorney, may enforce.
ENVIRONMENTAL FINDINGS
This action is not a project under CEQA.
FISCAL IMPACT
None.
Attachment: Ordinance