(A) It shall be unlawful for any member of the City Council or other person in attendance at a lawfully held closed session of the City Council to release or disclose confidential information that has been acquired by being present in the closed session to a person not entitled to receive it, unless the disclosure is authorized by majority vote of the City Council, or mandated by court order.
(B) For purposes of this section
CONFIDENTIAL INFORMATION shall mean a communication made in a closed session that is specifically related to the basis for the legislative body to meet lawfully in closed session. It shall include, for example, a report or document prepared exclusively for closed session, or presented, reviewed and discussed by the City Council exclusively in closed session.
(C) Authorization to release or disclose any confidential information to a person not entitled to receive it, shall be granted only upon majority vote of the City Council members present in the closed session where the item, information, report, material or document is discussed or acted upon.
(D) Notwithstanding the foregoing, any person may disclose information acquired during closed session, whether confidential or not, for the following purposes:
1. Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by a legislative body of a local agency;
2. Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action;
3. Disclosing information acquired by being present in a closed session under this chapter that is not confidential information; and
4. Disclosing information under the whistleblower statutes contained in Cal. Labor Code § 1102.5 or Cal. Gov’t Code Title 5, Division 2, Part 1, Chapter 2, Article 4.5 (commencing with § 53296).
(Ord. 571, passed 6-3-2008)