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File #: ID19-11548    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 11/1/2019 In control: City Council
On agenda: 11/7/2019 Final action: 11/7/2019
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.
Sponsors: Mike Karbassi, Garry Bredefeld, Mayor's Office
Attachments: 1. Ord Adding 2-319 Confidentiality.pdf, 2. Revised Confidentiality Report(2).pdf, 3. Revised Ordinance(2).pdf

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