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CITY OF SAN BERN()DINO - REQUEST FQI COUNCIL ACTION
From:
JAMES F. PENMAN
REC'D.-AOHllt o Ffubject: RESOLUTION DIRECTING THE CITY CLERK
rQ ATTEND CLOSED SESSIONS OF THE MAYOR
1989 JAM 20 PM 4: AilD COMMON COUNCIL AND KEEP MINUTES OF
THE ACTIONS TAKEN THEREIN.
Dept:
CITY ATTORNEY
Date:
JANUARY 20, 1989
JiU-.o
Synopsis of Previous Council action:
NONE.
Recommended motion:
ADOPT RESOLUTION.
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(Jms F.
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Signature
PENMAN, CITY
ATTORNEY
Contact person: JAMES F. PENMAN/DENNIS A. BARLOW
Phone:
5355'
Supporting data attached:
YES
Ward:
N/A
FUNDING REOUIREMENTS:
Amount:
- 0 -
Source: (Acct, No,)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No
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CITY OF SAN BERN~DINO - REQUEST F~ COUNCIL ACTION
STAFF REPORT
Members of the Council have expressed a need for the City
Clerk to attend the various Closed Sessions to maintain a formal
record of topics discussed and actions taken in such meetings.
Section 60 of the Charter provides that the City Clerk, shall
attend all meetings of the Mayor and Common Council and the Ralph
M. Brown Act provides that the Council may designate an employee
or officer of the City to attend Closed Sessions and take such
minutes.
The attached resolution will clear up any question as to the
right and necessity of the City Clerk to attend Closed Sessions
and to keep the minutes of these meetings. Also pursuant to the
Brown Act these minutes would not be subject to public disclosure
and would only be available to the Mayor and Council, the
attorneys, and necessary clerical staff. However they would also
be available to a court pursuant to court order.
DAB/dys
75-0264
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1
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DIRECTING THAT THE CITY CLERK ATTEND CLOSED
3 SESSIONS OF THE MAYOR AND COMMON COUNCIL AND KEEP MINUTES OF THE
ACTIONS TAKEN THEREIN.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
WHEREAS, from time to time the Mayor and Common Council
7 need to meet in Closed Session as allowed by State law, and
8 WHEREAS, it is beneficial to keep a formal record of the
9 items discussed in such sessions and any action taken thereon,
10 and
11 WHEREAS, Government Code Section 54957.2 provides that the
12. Mayor and Common Council may designate an officer or employee of
13 the City to attend each such Closed Session and to keep such
14 minut:es, and Section 60 of the Charter of the City of San
15 Bernardino provides that the City Clerk shall attend all meetings
16 of the Mayor and Common Council,
17 NOW, THEREFORE, the Mayor and Common Council of the City of
18 San Bernardino do hereby resolve that the City Clerk of the City
19 or his or her designee shall attend each Closed Session of the
20 Mayor and Common Council and shall keep and enter in a minute
21 book a record of topics discussed and decisions made at the
22
meeting.
Pursuant to Government Code Section 54957.2, such
23 minute book made pursuant to this resolution shall not be a
24 public record subject to inspection pursuant to Government Code
25 Section 6250 et seq. and shall be kept confidential and may only
26 be disclosed to the Mayor or Members of the Common Council, the
27 City Attorney or his or her deputies and any necessary City
28
DAB/dys
January 20, 1989
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1 clerical staff or to a court as provided in Government Code
2 Section 54957.2.
3 I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
6 day of , 1989, by the fOllowing vote, to wit:
7 AYES: Council Members
NAYS:
ABSENT:
City Clerk
, The foregoing resolution is hereby approved this
day
14
of
, 1989.
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17
Evlyn Wilcox, Mayor
18 City of San Bernardino
19 Approved as to
form and Legal Content:
JAMES F. PENMAN,
City Attorney
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By {/:.....-...
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DAB/dys
January 20, 1989
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