HomeMy WebLinkAbout2002-11-27 City Council AgendaOffice of the Mayor
M E M O R A N D U M
DATE: November 27, 2002
TO: City Council Colleagues
FROM: Vice Mayor Mossar and Council Member Beecham
SUBJECT: Opening the record of the October 30, 2002 Closed Session
We have requested the City Clerk to agendize at the December 2 City Council
meeting a discussion by the Council leading to a vote on whether we should
open the record of the October 30 closed City Council session.
Substantial portions of the substance of the closed session matter are now in the
public realm.
However, this information is neither complete nor necessarily accurate. As long
as the session remains closed and confidential, the Council is unable to clarify
actions taken and the rationale for those actions as well as to correct
misperceptions that may exist in the community.
We two colleagues disagree with each other on the appropriateness of the
October 30 session having been called as a closed session. But as long as that
session remains officially closed, we cannot clearly debate this issue in public.
Section 2.04.040 (attached below) provides that the Council may determine that
confidentiality is no longer necessary or appropriate for a closed session. As has
already been disclosed, the rationale for having the session closed was to protect
the personnel rights of an employee, City Attorney Ariel Calonne, relative to his
grievance against a Councilmember. Because the crux of the personnel matter
has entered the public realm, we believe it is no longer appropriate or necessary
to continue confidentially on this closed session.
We believe it is in the Council’s and public’s best interest to more accurately
understand the actions and rationales of the Council regarding this matter.
We therefore request the Council to open the record on the matter discussed at
the October 30, 2002 closed session.
2.04.040 Confidentiality of closed sessions.
(a) No person in attendance at a lawful closed session conducted by the council or any other city
board or commission shall disclose the substance or effect of any matter discussed during the
closed session, or any written material distributed in connection with the closed session, until
such time as the council or such other board or commission determines by formal action that
confidentiality is no longer necessary or appropriate. This section shall not preclude public reports
of council action as provided in Section 2.04.030.
(b) Violations of this section shall be punishable by resolution of the council censuring the person
or persons responsible for the disclosure and any other penalty provided under the this code or
state law.
(Ord. 4692 § 1 (part), 2001)