La Puente Municipal Code Ch. 2.06 Confidential Communications

Sections:

• 2.06.010 Declaration of intent.

• 2.06.020 Prohibited acts.

• 2.06.030 Definitions.

• 2.06.040 Prosecution by special counsel.

In enacting this chapter, the city council finds, determines and declares as follows:

(a) State law acknowledges that there are limited circumstances in which the protection of the confidentiality of written or verbal communications is deemed to be more important than the right of the people to be informed.

(b) Maintaining the confidentiality of communications between the city and its legal counsel promotes and protects the candor that is essential to the delivery and receipt of legal advice regarding matters as to which such advice is requested.

(c) If communications that take place in closed sessions of the legislative body, as authorized by the Ralph M. Brown Act (Government Code Sections 54950 et seq.), do not remain confidential, then the purpose of those closed sessions is thwarted, effective governmental operations are compromised, and legitimate privacy interests of the city, and of its officers and employees, are impaired.

(Ord. 767 § 1 (part), 1998)

(a) An officer, official, employee or agent of the city is guilty of a misdemeanor if that person intentionally and without proper authorization discloses the contents of a confidential communication, as defined in Section 2.06.030, to anyone other than the person or persons to whom the communication was directed, a member of the city council, the city attorney, assistant city attorney, legal counsel performing special services for the city, city manager, or employees of the city whom the city manager has designated to implement any decision or direction made as a result of the confidential communication.

(b) The prohibition set forth above in subsection (a) of this section may not be construed as prohibiting disclosures of confidential communications that are required to be made in accordance with the Ralph M. Brown Act, or any other applicable statute, or pursuant to court order.

(Ord. 767 § 1 (part), 1998)

In construing the provisions of this chapter, the following definitions are applicable:

“Confidential communication” means any communication:

(1) That is exclusively between the city’s legal counsel and any officer, official, employee or agent of the city in the latter’s official capacity; or

(2) That occurs during any closed session authorized by the Ralph M. Brown Act; or

(3) That is made in writing by the city’s legal counsel and is marked “confidential.”

“Proper authorization” means:

(1) In the case of a confidential communication to the city’s legal counsel by any officer, official, employee or agent of the city, the affirmative vote of a majority of the city council;

(2) In the case of a confidential communication that is made during any closed session of the city council, the affirmative vote of a majority of the city council; and

(3) In the case of a confidential communication from the city’s legal counsel to any officer, official, employee or agent of the city, both the written consent of the city’s legal counsel and the affirmative vote of a majority of the city council.

(Ord. 767 § 1 (part), 1998)

Any alleged violation of the provisions of this chapter will be prosecuted by special counsel retained for that purpose by the city council.

(Ord. 767 § 1 (part), 1998)