1994 AGN JUN 21 I30 - Laserfiche WebLink

Browse Search

AGENDA REPORT CITY OF COLTON For City Council Meeting of June 21, 1994 May 31, 1994 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Julie Hayward Biggs, City Att; 00 SUBJECT: Penalties for Disclosure of Confidential Matters Several members of the City Council have expressed frustration from time to time with apparent disclosures by councilmembers of confidential information discussed in closed session. As you are aware, the Ralph M. Brown Act (Government Code Sections 54950 et _s_eg.) allows closed sessions for the discussion of confidential matters, but does not impose a penalty in the event a councilmember discloses some or all of the information discussed in that closed session. The laws relating to conflicts of interest prohibit use of confidential information for financial gain by councilmembers (Government Code Section 1098), but nothing in the law prohibits disclosure of confidential information that does not generate financial gain to the disclosing party. Continuation of income from a public entity, resulting from obtaining a political advantage through disclosure of confidential information, does not constitute a financial gain under the conflict of interest laws. It has also been suggested that the City Attorney should somehow control public disclosures made at public meetings by councilmembers. Fortunately or unfortunately, depending on one's perspective, the City Attorney has no power to silence any councilmember at any time. Rather the City Attorney may only caution councilmembers on the consequences to the City that may result from disclosure of confidential information to the public. Where confidential discussions with legal counsel are involved, for example, disclosure of the content of those discussions or the recommendations made by legal counsel may result in waiver of the attorney-client privilege resulting serious disadvantage in any subsequent litigation that may arise. The silence of state law on the issue of penalties for disclosure of confidential information creates one advantage for local government. Because the issue has not been addressed by the Legislature, the State has not preempted local government from enacting ordinances that create penalties for such disclosures. In fact, Government Code Section 36813 provides as follows: "The council may establish rules for the conduct of its proceedings. It may punish a member or other person for disorderly behavior at a meeting." Item No. 30