HomeMy WebLinkAboutOB 8 MINUTES CC MTGS 7-18-88SIJ~J ECT:
HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
OPEN AND CLOSED SESSIONS OF CITY COUNCIL AND MINUTES
AND R~CORDINGS THEREOF
- L _L LI J ~
I ·
OPEN MEETINGS
State law prescribes that the City Clerk keep minutes of the
meetings of the City Council in books devoted exclusively for
that purpose. There is no prohibition against also making tape
recordings of Council meetings, but tape recordings cannot be in
'lieu of written minutes kept in books exclusively for that use.
If tape recordings are ~ade solely for the purpose of assisting
in the preparation of the written minutes, the recording need not
be retained and may be erased, thereby becoming legally and
Dractically unavailable for public disclosure. If the recordings
are made for a purpose or purposes in addition to facilitating
the preparation of minutes, then they become a public record,
must be kept, must be made available to the public and may not be
erased or otherwise destroyed except in accordance with general
provisions regarding destruction of public records.
II.
CLOSED SESSIONS
Government Code Section 54957.2 provides that the City Council
may by ordinance or resolution designate a clerk or other officer
or employee to attend each closed session and enter in a minute
book a record of topics discussed and decisions made at the
meeting and provides "Such minute book may, but' need not, consist
of a recording of the closed session." We believe this section
allows the City'Council to designate a clerk, officer or employee
of the City to attend each closed session of the City Council and
make a record of the topics discussed and decisions made at the
meeting by any of the following means:
1. Preparation of written minutes which will be kept in a
special minute book of Council closed sessions.
2. Make a tape recording of the meeting, with the recorded tape
b.e.ing _kgpt as a permanent _record, subject to destruction only as
o~ner u~=y records may be destroyed.
Page Two
3. Make a tape recording of the meeting solely for the purpose
of assistance in the later preparation of written minutes, after
which the tape recording may be destroyed.
4. Preparation of written minutes and recording of the meeting,
with either the tape recording retained as a permanent record as
heretofore described in item 2 or as a temporary record as
heretofore described in item 3.
5. The minutes, tape recordings, information and discussion of
closed sessions may not be disclosed by anyone except to a court
in an action alleging violatio6 of the Brown Act. No matte.r how
the record is kept of closed sessions, whether by written
minutes, tape recording or both, the minutes and/or tape
recording do not become a public record open to the public but
are to be available only to members City Council or to a
court.
ty Attorney
JGR: se '. D: 07/06/88 ( 890 )
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