§ 36.18  RISK MANAGEMENT DISCUSSIONS.
   (A)   Discussion of pending claims and litigation and other matters not subject to public disclosure.
      (1)   Each of the staff members of the RMAS and other officials of the city may engage in discussions and activities that are protected and confidential matters pertaining to the interest of the city. The discussions may include, but not be limited to, the following matters:
         (a)   The appointment, employment, performance, evaluation, health or dismissal of a public officer or employee;
         (b)   Strategy and negotiations with respect to pending claims or pending litigation to which the city or an official or employee, because of his conduct as a member of the agency, is a party until the litigation or claim has been finally adjudicated or otherwise settled; or
         (c)   Discussion of any matter which would result in the disclosure of public records or the information contained therein described in Conn. Gen. Stat. § 1-210(b).
      (2)   In this respect, the RMAS and other officials of the city shall be required to maintain the level of confidentiality required by law for the protection of the interests of the city. Nothing in this provision shall be construed to prohibit or limit a public official's duty of disclosure under applicable so-called whistleblower or public disclosure laws.
   (B)   No disclosure of confidential information. No RMAS or other officials of the city shall willfully and knowingly disclose to the detriment of the city, to any other person, confidential information acquired by him in the course of and by reason of his official duties or employment.
   (C)   Effect of an administrative or judicial subpoena.
      (1)   The members of the RMAS are subject to the State Freedom of Information Act and, as such, the confidential information and discussions shall be protected and not disclosed to the extent permitted by state law. The members of the RMAS shall promptly furnish, to the Corporation Counsel, notice of any request for disclosure of such confidential information made to any of them by a third party, and of any lawsuit filed against any of them in an effort by any third party to obtain the confidential information.
      (2)   In the event a member of the RMAS receives a subpoena or other validly issued administrative or judicial process demanding confidential information, he shall promptly notify the Mayor and the Corporation Counsel of the receipt and tender to them the defense of the demand. The party receiving the subpoena shall thereafter be entitled to comply with the subpoena or other process to the extent permitted by law, unless the subpoena is quashed or otherwise limited in effect.
(Ord. passed 4-7-2003)