Item 19 Staff Report Introduce Ordinance of the Town of Los Gatos Amending Article II of Title 2 of the Town Code Regarding Minutes of Closed SessionsCOUNCIL AGENDA REPORT
DATE: July 28, 2000
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY((1C
MEETING DATE: 8/7/00
ITEM NO.
/9
SUBJECT: INTRODUCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
ARTICLE II OF TITLE 2 OF THE TOWN CODE REGARDING
MINUTES OF CLOSED SESSIONS
RECOMMENDATION:
1. Waive reading of the entire ordinance (3 or more votes).
2. Ask Town Clerk to read title only (if reading waived).
3. Introduce ordinance (majority of members present).
BACKGROUND:
In 1981 Council adopted Ordinance No. 1518 adding section 2-3.2 to the Code of 1968 calling for the designation of
the Town Clerk to take minutes of closed sessions as permitted by the Ralph M. Brown Act (Ca1.Gov.C.§54957.2).
Section 2-3.2 was amended in 1990 by the adoption of Ordinance No. 1818 providing for the designation of the Town
Manager, Assistant Town Manager, the Acting Town Manager, or any other qualified employee to take minutes of closed
sessions. Section 2-3.2 was later re -codified as section 2.20.030 of the Town Code.
At the time of the addition of section 2-3.2, the Brown Act required the taking of minutes of closed sessions of legislative
bodies in order to keep a record of actions taken by the body. Since that time the Brown Act has been amended several
times to facilitate other means of recording actions taken by the legislative body. For example, for a period of years a
memorandum of actions taken was required to be completed at the conclusion of the meeting. The Brown Act was later
amended so that two statutes now control the reporting procedures to be followed with respect to a closed session.
Section 54957.7 states:
(a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an
open meeting, the item or items to be discussed in the closed session. The disclosure may take the form
of a reference to the item or items as they are listed by number or letter on the agenda. In the closed
session, the legislative body may consider only those matters covered in its statement. Nothing in this
section shall require or authorize a disclosure of information prohibited by state or federal law.
(b) After any closed session, the legislative body shall reconvene into open session prior to
adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed
session.
PREPARED BY: O Y P. KORB, TOWN ATTORNEY
Reviewed by: t Manager Revised: 7/28/00 11:38 am
Reformatted:
3/95 Fi1e# 301-05
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CLOSED SESSION MINUTES
July 20, 2000
(c) The announcements required to be made in open session pursuant to this section may be made
at the location announced in the agenda for the closed session, as long as the public is allowed to be
present at the location for the purpose of hearing the announcements.
Section 54957.1 provides in turn:
(a) The legislative body of any local agency shall publicly report any action taken in closed session
and the vote or abstention of every member present thereon ... .
DISCUSSION:
The Town has modified its procedures to ensure compliance with the reporting requirements of the Brown Act. In its
current form, section 2.20.030 is inconsistent with those requirements. The proposed ordinance would amend section
2.20.030 in accordance with the reporting requirements of the Brown Act.
ENVIRONMENTAL ANALYSIS:
The amendment of Town Code section 2.20.030 is not a project defined by the California Environmental Quality Act,
therefore no study is required.
Attachments: Proposed Ordinance
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE II OF TITLE 2 OF
THE TOWN CODE REGARDING MINUTES OF CLOSED SESSIONS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
Section 2.20.030 of Article II of Title 2 of the Town Code is hereby amended in its entirety
to read as follows:
Sec. 2.20.030. Minutes of closed sessions
Pursuant to Government Code section 54957.2, when the Town Council
holds a closed session, it may, by ordinance or resolution, designate the Town
Manager, the Assistant Town Manager, the Acting Town Manager, or any other
qualified employee of the Town to attend each closed session of the Council and
keep and enter in a minute book a record of topics discussed and decisions made
at the meeting. The minute book made pursuant to this section and section
54957.2 is not a public record subject to inspection pursuant to the California
Public Records Act and shall be kept confidential. The minute book shall be
available only to members of the Town Council or, if a violation of the Ralph M.
Brown Act is alleged to have occurred at closed session, to a court of general
jurisdiction. Such minute book may, but need not, consist of a recording of the
closed session.
SECTION II
This ordinance takes effect 30 days after it is adopted. The Town Clerk shall either (a) have
this Ordinance published once within fifteen (15) days after adoption in a newspaper of general
circulation, or (b) have a summary of this Ordinance published twice in a newspaper of general
circulation once five (5) days before its adoption and again with fifteen (15) days after adoption.
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on , 2000, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 2000.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:1ATY\MINUTES.ORD