HomeMy WebLinkAbout0308.091June t', 1991
THE HONORABLE CITY C<X.'NCIL
Palo Alto, California
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H.eJlbers of the council:
'!pOd in Brief
This report requests that the Council adopt the attached resolution
authorizing the City Manager or his designee to execute an aqree
aent with the County o~ Santa Clara 8ureau of Mental Health Ser
vices tor the release ot. confidential lIIental health inforaation
during a crisis situation.
Dileg"fOB
During critical incidents, such as hostage situations, suicides or
homicides in progress, certain confidential information about the
.ental health of suspects is beneficial towards a successful reso
lution. This infor.ation is orten obtained from the Santa Clara
County Bureau of Mental Bealth.
Evidence Code section 1024 and Welfare and Institutions Code
section 5328 allow for the disclosure of confidential patient
information to law enforcement personnel when the patient is
involved in hostaqe, murder or suicide situations and presents a
serious threat of violence to himself/herself or potential victims..
The county's commitment to exchange information is dependent upon
law enforcement a~encies' iapleaentation of protective safeguards
includinq:
1. Siqnature of the Oath of Confiaentiality by all personnel
to who. release of information may be required.
2. Confidentiality training of law enforcement personnel.
J. The provision for additional siqned copies of the oath of
COnfidentiality after an incident.
CKR: 308: 91
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4. "".urance that. the Police Department. will abide by the
confident.ialit.y provision listed in the oath.
S. An aqreeaent that the Police DepartJlent will hold the
County barale.. if they release information based on
iU'roneoua intoraation relayed by 1ali entorceDlent
personnel to ..",tal beal th peraonnel.
In pravi Due years, the hold hanll us agreement ha 8 been IS iqned by
the Police Chief. The City Attorney has recently informed Police
Departeent statf that since the agreement with the county
indeJlJ\lfies and bolda thea hanlleas trOll all cla1.. and demands
resulting from eaployee acts or a.iaaion& in connection liith the
disclosure, and that theoretically this legal exposure .ay exceed
the $25,000 authority delegated to the City Manager under Palo Alto
MUnicipal Code section 2.30.070, it would be appropriate tor the
Council to expressly authorize the City xanaqer or his desiqnee to
execute tb i. a!p:'eeaent a
1,.,..g4I1:i 9P
statf requests that the city council adopt the attached resolution
authorizing the City Kanager or his deBi'1"ee to &i'1" the aqreement
liith Santa Clara County Bureau of Mental Health Services for
release of confidential infoI'1l&tion~
Attachment: Resolution
CMR,308,91
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RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE
MENT WITH '!'HE COUNTY OF SANTA CLARA FOR THE RE
LEASE OF CONFIOENTIAL MENTAL HEALTH INFORMATION
WHEREAS, the City Manager is authorized by section 2~JO.070
of the Palo Alto Municipal Code to execute on behalf of the City of
Palo Alto written contracts for the p:--ovision of services or
supplies involving an expenditure of less than $25,000: and,
WHEREAS, the City Manager is authorized thereby to execute
on behalf of the City o~ Palo Alto a written contract with the
county of Santa Clara for the release ot confidential mental health
intormation for the purpose of defusing hostage or potential
suicide crisis situations, which contract involves expenditures by
the city of less than $2S.000; and,
WHEREAS, the Council of the City of Palo Alto desires to
authorize the City Manager to aqree on behalf of the City in these
written contracts that the City will defend, indemnify, and hold
harmless the county of Santa Clara and its Board of Supervisors,
officers, agents, and employees from all claims and demands
resulting from any City employee acts or omissions in cor~ection
with the disclosure. of confidential lDental health information about
patients in crisis situations wbere the patient presents a serious
danger of violence to himself or to foreseeable victims and
disclosure is necessary in order to avert the threatened danger;
NOW, THEREFORE, it is resolved by the Council of the City
of Palo ~to that:
The City Manager is authori~ed to execute, on behalf of the
City of Palo Alto, an aqreement with the County of Santa Clara,
involving an ~xpenditure by the city cf less than $25,000, for the
release to the city of Palo Alto of confidential mental health
information concerning patients in crisis situations where the
patient presents a serious danger of violence to himself or to
foreseeable victi.s ana disc10sure is necessary in order to avert
the threatened danger, and such contract may include a provision
for the city to defend, indemnify, and hold barmless the County of
santa Cl~ra and its Board of supervisors, officers, agents, and
employees troll all claims and demands resulting frol1l any City
employee acts or omissions in connection vith said disclosure.
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PASSEO:
AYES:
NOES:
ABSTENTIONS:
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ABSENT:
A'l"l'ES'l' :
City Clerk
APPROVED AS TO FORM:
Sr. Assistant City Attorney
APPllOVED AS TO CONTENT:
Chief of Police
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APPROVED:
Mayor
City Manager
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