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HomeMy WebLinkAboutAgenda Packet - November 6, 1995 - CC LAW OFFICES OF BEST, BEST & KRIEGER Ai N' M AWv MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: STEPHEN P. DEITSCH, CITY ATTORNEY DATE: NOVEMBER 6, 1995 SUBJECT: PROPOSED POLICIES AND PROCEDURES FOR TAKING AND STORING MINUTES OF CLOSED SESSION MEETINGS OF THE CITY COUNCIL BACKGROUND: As requested by the City Administrator, the City Attorney has prepared proposed policies and procedures governing the taking and storing of minutes of closed session meetings of the City Council. The proposed policies and procedures attached hereto comply with California Government Code Section 54957.2, which provides that the City Council may designate an individual to keep minutes of closed session meetings. Under the proposed policies and procedures, the City Council would designate the City Attorney to take all minutes of closed session meetings. At a minimum, the minutes would contain the names of all people present at a closed session meeting, all motions made by City councilmembers and the outcome of each vote on each motion. In the event that the City Attorney is not present at a closed session meeting, the City Administrator would be designated to take the minutes. In the absence of both the City Attorney and the City Administrator, the Mayor would have the authority to designate himself or herself or any other councilmember present at the meeting to take minutes. The City Administrator would be responsible for maintaining and securely storing all closed session minutes. Pursuant to the proposed policies and procedures, the only people with access to the closed session minutes would be the City Administrator, the City Attorney and the Councilmembers. The City Attorney may keep a copy of closed session minutes in the office of the City Attorney in instances where the City Attorney prepares such minutes. SRC50924 !{ �,_,¢u_`C,� if /& /j'J LAW OFFICES OF BEST, BEST & KRIEGER RECOMMENDATION: Approve the Proposed Policies and Procedures for Taking and Storing Minutes of Closed Session Meetings of the City Council by adopting the attached Resolution. SRC50924 -2- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING PROCEDURES FOR THE TAKING AND STORING OF MINUTES PERTAINING TO CLOSED SESSION MEETINGS OF THE CITY COUNCIL WHEREAS, California Government Code Section 54957.2 provides that the City Council may, by ordinance or resolution, designate a clerk or other officer or employee of the City to enter in a minute book a record of topics discussed and decisions made at closed session meetings of the City Council; and WHEREAS, any such minute book maintained by a designee of the City Council is not a public record subject to an inspection pursuant to the California Public Records Act and, therefore, must be kept confidential; and WHEREAS, the City Council desires that minutes pertaining to closed session meetings of the City Council be taken and maintained by the City in a manner protecting the confidentiality of the minutes; and WHEREAS, the City Council desires to adopt policies and procedures pertaining to minutes of closed session meetings of the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as follows: 1. The City Council of the City of Azusa hereby approves the "Policies and Procedures for Taking and Storing of Minutes of Closed Session Meetings of the City Council" set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. 2. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 6th day of November, 1995. MAYOR SRC50888 I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the City Council of Azusa, at a.regular meeting thereof, held on the 6th day of November, 1995, by the following vote of the Council. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CITY CLERK APPROVED AS TO FORM: By: City Attorney -2- SRC50888 EXHIBIT "A° POLICIES AND PROCEDURES FOR TAKING AND STORING MINUTES OF CLOSED SESSION MEETINGS OF THE CITY COUNCIL OF THE CITY OF AZUSA The following policies and procedures shall apply to the taking and storing of minutes pertaining to closed session meetings of the City Council. 1. The City Attorney in attendance at each closed session meeting of the City Council shall record in writing minutes of each closed session meeting. The minutes shall contain, at a minimum, a description of each motion made by councilmembers, the name of the councilmember making each motion, the name of the councilmember who seconds each motion and the name of each councilmember voting of, in favor against and abstaining on each motion. The minutes shall also reflect the names of all people present at each closed session discussion on each item noticed on the agenda for the closed session meeting. 2. If the City Attorney is absent from the closed session meeting, the City Administrator or his or her designee shall take minutes of the meeting. If neither the City Attorney, nor the City Administrator is present at a closed session meeting, the Mayor shall designate himself or herself or another councilmember present at the meeting to prepare the minutes. 3. Minutes of closed-session meetings of the City Council shall be delivered to the City Administrator within five (5) business days of the date the minutes are taken. The City Administrator shall store the minutes in order by date in a secured drawer or file cabinet in his or her office. Minutes of closed session meetings of the City Council shall only be made available for review by the City Administrator, the City Attorney, members of the City Council or pursuant to an order of a court of competent jurisdiction over the City of Azusa. The City Attorney may retain a copy of minutes prepared by the City Attorney. 4. Minutes shall be retained in accordance with the provisions of California Government Code Sections 34090, gI s . SRC50888 -3- LAW OFFICES OF BEST, BEST & KRIEGER 1471PENCiTEMS MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY FROM: STEPHEN P. DEITSCH, AGENCY COUNSEL DATE: NOVEMBER 6, 1995 SUBJECT: PROPOSED POLICIES AND PROCEDURES FOR TAKING AND STORING MINUTES OF CLOSED SESSION MEETINGS OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BACKGROUND: As requested by the Executive Director of the Agency, Agency Counsel has prepared proposed policies and procedures governing the taking and storing of minutes of closed session meetings of the Agency Board. The proposed policies and procedures attached hereto comply with California Government Code Section 54957.2, which provides that the Agency Board may designate an individual to keep minutes of closed session meetings. Under the proposed policies and procedures, the Agency Board would designate the Agency Counsel to take all minutes of closed session meetings. At a minimum, the minutes would contain the names of all people present at a closed session meeting, all motions made by Agency board members and the outcome of each vote on each motion. In the event that the Agency Counsel is not present at a closed session meeting, the Executive Director would be designated to take the minutes. In the absence of both Agency Counsel and the Executive Director, the Chairperson would have the authority to designate himself or herself or any other board member present at the meeting to take minutes. The Executive Director would be responsible for maintaining and securely storing all closed session minutes. Pursuant to the proposed policies and procedures, the only people with access to the closed session minutes would be the Executive Director, the Agency Counsel and the board members. The Executive Director may keep a copy of closed session minutes in his or her office in instances where the Agency Counsel prepares such minutes. SRC50943 CL C . /// /r�+ M 1 t7_ LAW OFFICES OF BEST, BEST & KRIEGER RECOMMENDATION: Approve the Proposed Policies and Procedures for Taking and Storing Minutes of Closed Session Meetings of the Agency Board by adopting the attached Resolution. SRC50943 -2- RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ADOPTING PROCEDURES FOR THE TAKING AND STORING OF MINUTES PERTAINING TO CLOSED SESSION MEETINGS OF THE AGENCY BOARD WIIEREAS, California Government Code Section 54957.2 provides that the Board of Directors of the Redevelopment Agency of the City of Azusa ("Agency Board") may, by ordinance or resolution, designate a clerk or other officer or employee of the Agency to enter in a minute book a record of topics discussed and decisions made at closed session meetings of the Agency Board; and WHEREAS, any such minute book maintained by a designee of the Agency Board is not a public record subject to an inspection pursuant to the California Public Records Act and, therefore, must be kept confidential; and WHEREAS,the Agency Board desires that minutes pertaining to closed session meetings of the Agency Board be taken and maintained by the Agency in a manner protecting the confidentiality of the minutes; and WHEREAS, the Agency Board desires to adopt policies and procedures pertaining to minutes of closed session meetings of the Agency Board; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Redevelopment Agency of the City of Azusa as follows: Section 1. The Agency Board hereby approves the "Policies and Procedures for Taking and Storing of Minutes of Closed Session Meetings of the Agency Board" set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. Section 2. The Secretary shall certify to the adoption of this Resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOerEU this 6th day of November, 1995. Chairman SRC50944 I HEREBY CERTIFY that the foregoing Resolution No. was duly adopted by the Board of Directors of the Redevelopment Agency of the City of Azusa, at a regular meeting thereof, held on the 6th day of November, 1995, by the following vote of the Council. AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: SECRETARY/DEPUTY SECRETARY APPROVED AS TO FORM: By: Agency Counsel -2- SRC50944 EDIT "A" POLICIES AND PROCEDURES FOR TAKING AND STORING MINUTES OF CLOSED SESSION MEETINGS OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA The following policies and procedures shall apply to the taking and storing of minutes pertaining to closed session meetings of the Board of Directors of the Redevelopment Agency of the City of Azusa ("Agency Board"). 1. The Agency Counsel in attendance at each closed session meeting of the Agency Board shall record in writing minutes of each closed session meeting. The minutes shall contain, at a minimum, a description of each motion made by board members, the name of the board member making each motion, the name of the board member who seconds each motion and the name of each board member voting of, in favor, against and abstaining on each motion. The minutes shall also reflect the names of all people present at each closed session discussion on each item noticed on the agenda for the closed session meeting. 2. If Agency Counsel is absent from the closed session meeting, the Executive Director or his or her designee shall take minutes of the meeting. If neither Agency Counsel, nor the Executive Director is present at a closed session meeting, the Chairperson shall designate himself or herself or another board member present at the meeting to prepare the minutes. 3. Minutes of closed session meetings of the Agency Board shall be delivered to the Executive Director within five (5) business days of the date the minutes are taken. The Executive Director shall store the minutes in order by date in a secured drawer or file cabinet in his or her office. Minutes of closed session meetings of the Agency Counsel shall only be made available for review by the Executive Director, Agency Counsel, members of the Agency Board or pursuant to an order of a court of competent jurisdiction over the Agency. The Agency Counsel may retain a copy of minutes prepared by the Agency Counsel. 4. Minutes shall be retained in accordance with the provisions of California Government Code Sections 34090, t . SRC50944 -3