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AGENDA REPORT <br />City Council Meeting <br />May 31, 1994 <br />In addition, Section 36900 of the Government Code makes violation of city ordinances a <br />misdemeanor, unless the city makes such violation an infraction. <br />Given this statutory framework, the City may, if it elects to do so, adopt an <br />ordinance establishing rules of conduct including a rule against disclosure of confidential <br />information discussed in closed session. Such an ordinance may permit the City Council to <br />impose sanctions for violation of the rules of conduct or may simply make such violation an <br />infraction or a misdemeanor punishable by fine or imprisonment or both. The existence of such <br />an ordinance will not alter the effect of disclosure of confidential information on the City, <br />particularly with regard to disclosure of legal advice and waiver of the attorney-client privilege. <br />It will, however, discourage such disclosures, particularly if a councilmember may be subjected <br />to criminal prosecution. <br />If the City Council wishes to consider adoption of an ordinance establishing rules <br />of conduct for City Councilmembers prohibiting disclosure of confidential information discussed <br />in closed session, direction should be given to staff to prepare such an ordinance. T h e <br />ordinance will require two readings and will take effect 30 days after the second reading. <br />Concurrence: <br />ity anager <br />