Colton Municipal Code Ch. 2.06 Closed Session

It is the purpose and intent of this chapter to establish enforceable rules and regulations relating to closed sessions of the City Council, City Committees and Commissions that are subject to the provisions of California Government Code Sections 54950 et seq. (the Brown Act) and the redevelopment agency that will assure the confidentiality of all Matters discussed and considered in such closed session meetings and the confidentiality of all documents and records that May be discussed in such closed sessions in a manner that is consistent with the regulations imposed upon the City, City Committees and Commissions and the redevelopment agency by the Brown Act and other applicable California Law.

(Ord. 0-31-96 § 1 (part), 1996: Ord. 0-25-96 § 1 (part), 1996)

The Mayor, Mayor Pro Tempore, chairperson or vice chairperson, as applicable, Shall be responsible for ensuring that procedural requirements, other than requirements for Notice, are fulfilled when a closed session of the City Council, Committees or Commissions, or the redevelopment agency, respectively, is held pursuant to the provisions of the Brown Act. The City Clerk or the assistant secretary, in coordination with the City Attorney or general counsel, Shall be responsible for fulfilling any Notice requirements relating to closed sessions held by the City Council, City Committees or Commissions, or the redevelopment agency, respectively.

(Ord. 0-1-99 § 2, 1999: Ord. 0-31-96 § 1 (part), 1996: Ord. 0-25-96 § 1 (part), 1996)

No Person attending a closed session of the City Council, a City Committee or Commission or the redevelopment agency held pursuant to the provisions of the Brown Act Shall disclose to any Person the content or substance of any discussion which May have taken place, nor publish or describe or release any document or the contents thereof which May have been distributed during the closed session nor so disclose any document which has been determined to be confidential pursuant to the provisions of the California Public Records Act (Government Code Section 6250 et seq.) or pursuant to advice of legal counsel, unless the City Council or the redevelopment agency board as a body Shall authorize disclosure of such information by majority vote.

(Ord. 0-31-96 § 1 (part), 1996: Ord. 0-25-96 § 1 (part), 1996)

If any Person attending a closed session is reported to have violated the provisions of this chapter, the Matter Shall be referred to the City Attorney and the Chief of Police for investigation, and if sufficient evidence exists that this chapter has been violated, the City Attorney and the Chief of Police Shall report their findings to the City Council as a body in closed session as a Matter of potential litigation. The City Council May then take such action as it deems appropriate and as is consistent with Law, including without limitation, censure or sanction of the individual involved or directing the City Attorney to refer the Matter should be referred to the District Attorney for criminal prosecution. The direction of the City Council given in closed session Shall be publicly announced at the end of the meeting during which the closed session is held, or at the beginning of the next public session of the City Council as the Council Shall direct in accord with the requirements of the Brown Act.

(Ord. 0-31-96 § 1 (part), 1996: Ord. 0-25-96 § 1 (part), 1996)

Any Person violating or causing the Violation of any of the provisions of this chapter Shall be guilty of a misdemeanor, and upon prosecution by the District Attorney and conviction thereof Shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the City Jail or the County Jail for a term not to exceed six Months, or by both such fine and imprisonment.

(Ord. 0-31-96 § 1 (part), 1996: Ord. 0-25-96 § 1 (part), 1996)