HomeMy WebLinkAboutCC RES 05-004RESOLUTION NO. 05-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, CONCERNING CLOSED SESSIONS OF JOINT
POWERS AUTHORITY MEMBER AGENCIES
WHEREAS, the California Legislature has passed and the Governor has signed,
Assembly Bill 2782 (AB2782) pursuant to which a joint powers authority may provide in
its joint powers agreement, its bylaws or its policies, that its local agency members may
conduct their own closed sessions under the Ralph M. Brown Act (the Act) in order to
consider matters discussed by the joint powers authority in closed session which have
direct financial or liability implications for the applicable local agency member; and
WHEREAS, the City of Palm Desert (the City) is a member of several joint
powers authorities; and
WHEREAS, The City desires and intends to approve and to recommend for
adoption by each joint powers authority covered by AB2782 of which the City is a
member, provisions for inclusion in joint powers agreements, bylaws or policies
permitting local agency members to conduct closed sessions pursuant to AB2782.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
RESOLVES AS FOLLOWS:
SECTION 1. The City Council hereby approves the following provisions for
inclusion in joint powers agreements, bylaws and/or policies for each joint powers
authority covered by AB2782 of which the City is a member:
"All information received by the legislative body of a local agency member
in a closed session related to information presented to a joint powers
agency in closed session shall be confidential. However, each local
agency member of the joint powers authority is authorized to conduct a
closed session to consider and take action concerning any matter
discussed in closed session by the joint powers authority that has a direct
financial or liability implication for the local agency member, pursuant to
California Government Code Section 54956.96. For this purpose, a
member of the legislative body of a local agency member may disclose
information obtained in a dosed session of the joint powers authority that
has direct financial or liability implications for the local agency member, to
(1) legal counsel of the applicable local agency member for purposes of
obtaining advice on whether the matter has direct financial or liability
implications for that member local agency, and (2) other members of the
legislative body of the local agency present in a closed session of that
member local agency.
"Any designated alternate member of the legislative body of the joint
powers agency who is also a member of the legislative body of a local
agency member and who is attending a properly noticed meeting of a joint
powers agency in lieu of the local agency member's regularly appointed
member may attend closed sessions of the joint powers agency."