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(A) The City Manager or his or her designated representative, is authorized to open and examine all mail or other written communications addressed to the City Council, except correspondence addressed to individual council members, and to give it warranted attention to the end that all administrative business referred to in said communications and not requiring City Council action may be acted upon between council meetings: provided, that all communications and any action taken pursuant thereto shall be reported to the City Council. The City Manager may keep, distribute, copy or direct the keeping, distribution, or copying of such mail or other written communications as the Manager deems necessary or appropriate for the efficient conduct of city business.
(B) The City Manager's office and City Clerk's office shall coordinate with respect to mail received by the City Clerk's office in order to effectively accomplish the purposes of this section.
(C) Correspondence concerning a matter on an agenda for consideration by the Council, and received by the City Manager's office or City Clerk's office prior to twelve noon two days before delivery of agenda packages to City Council members, shall be made a part of the agenda item package. A copy of correspondence received after that time shall be delivered to each council member as soon as feasible before the meeting, or at the meeting, and a copy shall be filed with the City Clerk/Deputy City Clerk as soon as practicable after receipt. Such correspondence shall be a part of the record of the meeting, but generally shall not be read aloud at a council meeting unless directed by the Mayor with the consent of the City Council. Correspondence delivered to the City Clerk/Deputy City Clerk, or two members of the City Council, at a meeting shall be part of the record; upon request by any member of the City Council such correspondence may be read aloud or paraphrased by the City Clerk/Deputy City Clerk in lieu of oral testimony by the person submitting the letter. In the preparation of the record of a meeting, the city is not required to keep duplicate copies of a document.
(D) Correspondence requiring or requesting Council action on a subject matter within its jurisdiction shall be placed on an agenda as soon as practicable, together with a report and recommendation from the City Manager.
(E) The City Manager may establish administrative policies to implement the provisions of this section.
(Ord. 1205, passed 11-6-96)
(A) Routine correspondence addressed to the City Council which is received by individual council members, the City Manager, the City Clerk/Deputy City Clerk or any other officer or employee of the city shall not be a matter of public record unless it is received and filed by the Council or any member thereof at a regular, special, or adjourned meeting of the Council or is kept and used by the city in the course of city business.
(B) Correspondence received by the Mayor or individual members of the City Council containing evidence relevant to an administrative or quasi-judicial hearing shall be delivered by the member to the City Clerk/Deputy City Clerk for distribution to all members of the City Council at or before the hearing. Petitions of residents received by the Mayor or members of the City Council relating to matters scheduled for a City Council meeting shall be delivered to the City Clerk/Deputy City Clerk upon receipt for distribution to the City Manager and other members of the City Council. Compliance with this section shall not be necessary with respect to correspondence or petitions that indicate distribution to all members of the City Council.
(C) Nothing in this section shall be construed to require distribution of other correspondence or disclosure of information protected by the deliberative process privilege.
(Ord. 1205, passed 11-6-96)
In order to assure timely compliance with Government Code Section 54957.5 agendas of public meetings and any other writings, when distributed to all, or a majority of all, of the members of the legislative body of the city by a member of the city staff or by a member of the city staff on behalf of any person in connection with a matter subject to discussion or consideration at public meeting of the shall be made available for public review at the Clerk's office. This section shall not apply to any writing exempt from public disclosure under Section 6253.5, 6254, or 6254.7 of the Government Code.
(Ord. 1205, passed 11-6-96)
(A) No member of the City Council, city officer or employee of the city or any other person present during a closed session of the Council shall disclose to any person the content or substance of any information presented or discussion which took place during the closed session unless the City Council first authorizes the disclosure of such information by the affirmative vote of three members.
(B) Except when disclosure is mandated by state or federal law, no member of the City Council, officer or employee of the city or any other person shall disclose to any person the content or substance of any confidential or privileged communication relating to matters of city business, received under circumstances where the confidential or privileged nature of the communication is reasonably conveyed or understood, unless the disclosure is first authorized by the affirmative vote of three members of the City Council.
(C) Divisions (A) and (B) shall not apply to:
(1) Confidential disclosures to other officers or employees of the city;
(2) Disclosures to members, officers or employees of other governmental agencies, where the disclosure is in confidence and is necessary for furtherance of official city business;
(3) Disclosures necessary to report a crime or violation of law to a responsible enforcement agency;
(4) Disclosures by the City Attorney, City Manager or the city's designated negotiators when such disclosures are deemed necessary by such person to accomplish the official business of the city pursuant to directions obtained during the closed session.
(D) Pursuant to Government Code Section 1098, no member of the City Council or officer or employee of the city shall use confidential information received in the course and scope of their office or employment for private financial gain. Such use of confidential information constitutes a violation of Government Code Section 1098, a misdemeanor.
(E) Members of the City Council who violate divisions (A) or (B) may be subject to censure upon the affirmative vote of three members of the City Council.
(F) Other officers or employees of the city who violate divisions (A) or (B) may be subject to disciplinary action be the appointing authority.
(Ord. 1205, passed 11-6-96)
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