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HomeMy WebLinkAbout14-City Attorney . 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. I) ~ (Jms F. ?l:~ 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 I~ 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 -- '''''-... ........ -- 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 1 8 9 10 11 12 13 20 21 22 23 24 25 - - .~ '~ J 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. 15 16 17 Evlyn Wilcox, Mayor 18 City of San Bernardino 19 Approved as to form and Legal Content: JAMES F. PENMAN, City Attorney ! By {/:.....-... ,. .. ". 7J~~ 26 27 28 DAB/dys January 20, 1989 2