REPORT TO THE CITY COUNCIL
November 14, 2019
FROM: Councilmembers Karbassi, Bredefeld, and Mayor Brand
BY: Doug Sloan, City Attorney
SUBJECT
Title
***BILL-44 (Intro. 11/7/2019) (For adoption) - Adding Section 2-319 of the Fresno Municipal Code, relating to confidentiality of closed session attorney-client privileged communications. (Subject to Mayor's veto)
Body
RECOMMENDATION
Approve the Ordinance, which would prohibit dissemination of closed session attorney-client privileged records or communications to any unauthorized person. Violations may be punished as a misdemeanor.
EXECUTIVE SUMMARY
Dissemination of confidential closed session attorney-client privileged information to unauthorized persons can be damaging to the City's legal and financial interests. Without this ordinance, there may be no effective means of enforcement.
This ordinance prohibits disclosures of clearly marked confidential closed session attorney-client privileged records to unauthorized persons. 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.
Revision Changes:
1. The ordinance applies only to confidential attorney-client privileged closed session related records and communications.
2. The section prohibiting others wrongfully receiving confidential information and then disseminating it has been removed.
3. A section on "Whistleblower Protection" has been added. It provides that if an official or employee believes there is a legal violation, but this is based upon protected confidential information, then that person may discuss the matter with law enforcement authorities. Doing so would not be a violation of the ordinance.
4. A "safe harbor" is provided so that a person in doubt whether certain information is protected or can be disclosed to a certain person, who follow...
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