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HomeMy WebLinkAboutRes 05-4 Closed Sessions JP Authority Member AgenciesCITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: REQUEST FOR APPROVAL TO AMEND JOINT POWERS AGREEMENTS, BYLAWS AND/OR POLICIES DATE: JANUARY 13, 2005 CONTENTS: AB 2782 (BENOIT) LANGUAGE Recommendation: Waive further reading and adopt Resolution No. 05- 4 , approving a request to amend the operating agreements, bylaws and/or policies by member agencies of which the City of Palm Desert is, or may become a member of, operating under joint powers authority to incorporate the provisions of AB2782. Executive Summary: AB2782, which became effective January 1, 2005, allows a joint powers authority to include provisions in the JPA agreement that allow its members to discuss closed session matters with the member's legal counsel and legislative body when such matters would have financial or liability implications on the member agency. Background: AB2782( Benoit) was passed through both houses of the California Legislature during the 2003/04 session and was signed by the Governor. This bill provides that a joint powers agency may include in its joint powers agreement provisions that authorize (1) any member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency that is a member of the joint powers agency to disclose information to the agency's legal counsel or to other members in a closed session of the legislative body of the local member agency when the information was obtained in a closed session of the joint powers agency and has direct financial or liability implications for that local agency, or (2) any designated alternate member of the local agency member in a closed session of the joint powers agency to attend closed sessions of the agency. The bill further authorizes the legislative body of a local agency, upon the advice of its legal counsel, to hold a closed session to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency. Staff recommends adoption of Resolution No. 05- 4 , which would serve to request that joint powers agencies of which the City of Palm Desert is a member, or may become a member at some point in the future, i.e., Coachella Valley Association of Governments, Palm Springs Desert Resorts Convention and Visitors Authority, Sunline Transit Agency, Cove Communities Public Safety Commission, Riverside County/Palm Desert Financing Authority, California Joint Powers Insurance Authority, Palm Springs Airport, Jackie Cochran Regionaha{reflects the enar ction of this statute. their agreements, bylaws, and/or policies to incorporate language t PATRICIA SCULLY, CFEE SENIOR MANAGEMENT ANP(LYST SHEILA R. GILL ' AN ASSISTANT CITY MAN CARLOS L. OR GA R/CITY CLERK CITY MANAGER RESOLUTION 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 Govemor 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 closed 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." City of Palm Desert Resolution No. 05- 4 Page 2 SECTION 2. The City Council requests that each joint powers authority covered by AB2782 of which the City is a member, adopt the above provisions for inclusion in either the applicable joint powers agreement, bylaws or policies. SECTION 3. The City Manager and the City Clerk are hereby authorized and directed to transmit a copy of this Resolution to each joint powers authority covered by AB2782 for which the City is a member and to request that each joint powers authority place the request of the City set forth in Section 2 of this Resolution on an agenda of the joint powers authority as soon as may be reasonably practicable or convenient. SECTION 4. This Resolution shall take effect upon adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at a regular meeting held on this 13th day of January 2005. BUFORD A. CRITES MAYOR CERTIFICATION FOR RESOLUTION NO. 05-4 I, Rachelle D. Klassen, City Clerk of the City Clerk of the City of Palm Desert, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Palm Desert on the 13th day of January 2005, by the following vote: AYES: NOES: EXCUSED: ATTEST: APPROVED AS TO FORM: RACHELLE D. KLASSEN, CMC DAVID J. ERWIN CITY CLERK CITY ATTORNEY AB 2782 Assembly Bill - CHAPTERED Page 1 of 7 BILL NUMBER: AB 2782 CHAPTERED BILL TEXT CHAPTER 784 FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2004 APPROVED BY GOVERNOR SEPTEMBER 24, 2004 PASSED THE ASSEMBLY AUGUST 25, 2004 PASSED THE SENATE AUGUST 24, 2004 AMENDED IN SENATE AUGUST 23, 2004 AMENDED IN SENATE JUNE 24, 2004 AMENDED IN SENATE JUNE 9, 2004 AMENDED IN ASSEMBLY APRIL 21, 2004 INTRODUCED BY Assembly Member Benoit FEBRUARY 20, 2004 An act to amend Section 54954.5 of, and to add Section 54956.96 to, the Government Code, relating to public agencies. LEGISLATIVE COUNSEL'S DIGEST AB 2782, Benoit. Public agencies: joint powers agencies: meetings. Existing law authorizes two or more public agencies, if authorized by their legislative bodies, to enter an agreement to jointly exercise any power common to the two agencies. The Ralph M. Brown Act requires that meetings of the legislative body of a local agency be open and public, with specified exceptions authorizing closed sessions for specified purposes. This bill would provide that a joint powers agency may include in its joint powers agreement provisions that authorize (1) any member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency that is a member of the joint powers agency to disclose information to the agency's legal counsel, as specified, or to other members in a closed session of the legislative body of the local member agency when the information was obtained in a closed session of the joint powers agency and has direct financial or liability implications for that local agency, or (2) any designated alternate member of the local agency member in a closed session of the joint powers agency to attend closed sessions of the agency, as specified. The bill would further authorize the legislative body of a local agency, upon the advice of its legal counsel, to hold a closed session to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency, as specified. The bill would incorporate changes to Section 54954.5 of the Government Code proposed by both this bill and AB 1827, which would become operative only if both bills are enacted and become effective on or before January 1, 2005, and this bill is enacted after AB 1827. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 54954.5 of the Government Code is amended to read: 54954.5. For purposes of describing closed session items pursuant http://info. sen.ca.gov/pub/03-04/bill/asm/ab_2751-2800/ab_2782_bill 20040925_chapter... 12/16/2004 AB 2782 Assembly Bill - CHAPTERED Page 2 of 7 to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format. (a) With respect to a closed session held pursuant to Section 54956.7: LICENSE/PERMIT DETERMINATION Applicant(s): (Specify number of applicants) (b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (Specify street address, or if no street address, the parcel number or other unique reference, of the real property under negotiation) Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Negotiating parties: (Specify name of party (not agent)) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both) (c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: (Specify by reference to claimant's name, names of parties, case or claim numbers) or Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement negotiations) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to subparagraphs (B) to (E), inclusive, of paragraph (3) of subdivision (b) of Section 54956.9.) Initiation of litigation pursuant to subdivision (c) of Section 54956.9: (Specify number of potential cases) (d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95: LIABILITY CLAIMS Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name) (e) With respect to every item of business to be discussed in closed session pursuant to Section 54957: http://info.sen.ca.gov/pub/03-04/bi11/asin/ab_2751-2800/ab_2782 bill 20040925_chapter... 12/16/2004 AB 2782 Assembly Bill - CHAPTERED Page 3 of 7 THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency representative and title) PUBLIC EMPLOYEE APPOINTMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: (Specify position title of employee being reviewed) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.) (f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: (Specify names of designated representatives attending the closed session) (If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Employee organization: (Specify name of organization representing employee or employees in question) or Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations) (g) With respect to closed sessions called pursuant to Section 54957.8: CASE REVIEW/PLANNING (No additional information is required in connection with a closed session to consider case review or planning.) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING TRADE SECRET Discussion will concern: (Specify whether discussion will concern proposed new service, program, or facility) Estimated date of public disclosure: (Specify month and year) HEARINGS Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit committee, or report of quality assurance committee) (i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86: CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information is required in connection with a closed session to discuss a charge or complaint pursuant to Section 54956.86.) http://info.sen.ca.gov/pub/03-04/bill/asm/ab 2751-2800/ab 2782_bi11_20040925_chapter... 12/16/2004 AB 2782 Assembly Bill - CHAPTERED Page 4 of 7 (j) With respect to every item of business to be discussed in closed session pursuant to Section 54956.96: CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name) Discussion will concern: (Specify closed session description used by the joint powers agency.) Name of local agency representative on joint powers agency board: (Specify name) (Additional information listing the names of agencies or titles of representatives attending the closed session as consultants or other representatives.) SEC. 1.5. Section 54954.5 of the Government Code is amended to read: 54954.5. For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format. (a) With respect to a closed session held pursuant to Section 54956.7: LICENSE/PERMIT DETERMINATION Applicant(s): (Specify number of applicants) (b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (Specify street address, or if no street address, the parcel number or other unique reference, of the real property under negotiation) Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Negotiating parties: (Specify name of party (not agent)) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both) (c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: (Specify by reference to claimant's name, names of parties, case or claim numbers) or Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement negotiations) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to subparagraphs http://info. sen.ca.gov/pub/03-04/bill/asm/ab_2751-2800/ab 2782 bill_20040925_chapter... 12/16/2004 AB 2782 Assembly Bill - CHAPTERED Page 5 of 7 (B) to (E), inclusive, of paragraph (3) of subdivision (b) of Section 54956.9.) Initiation of litigation pursuant to subdivision (c) of Section 54956.9: (Specify number of potential cases) (d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95: LIABILITY CLAIMS Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name) (e) With respect to every item of business to be discussed in closed session pursuant to Section 54957: THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency representative and title) PUBLIC EMPLOYEE APPOINTMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: (Specify position title of employee being reviewed) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.) (f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: (Specify names of designated representatives attending the closed session) (If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Employee organization: (Specify name of organization representing employee or employees in question) or Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations) (g) With respect to closed sessions called pursuant to Section 54957.8: CASE REVIEW/PLANNING (No additional information is required in connection with a closed session to consider case review or planning.) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING TRADE SECRET http://info.sen.ca.gov/pub/03-04/bill/asm/ab 2751-2800/ab 2782 bill 20040925 chapter... 12/16/2004 AB 2782 Assembly Bill - CHAPTERED Page 6 of 7 Discussion will concern: (Specify whether discussion will concern proposed new service, program, or facility) Estimated date of public disclosure: (Specify month and year) HEARINGS Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit committee, or report of quality assurance committee) (i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86: CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information•is required in connection with a closed session to discuss a charge or complaint pursuant to Section 54956.86.) (j) With respect to every item of business to be discussed in closed session pursuant to Section 54956.96: CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name) Discussion will concern: (Specify closed session description used by the joint powers agency.) Name of local agency representative on joint powers agency board: (Specify name) (Additional information listing the names of agencies or titles of representatives attending the closed session as consultants or other representatives.) (k) With respect to every item of business to be discussed in closed session pursuant to Section 54956.75: AUDIT BY BUREAU OF STATE AUDITS SEC. 2. Section 54956.96 is added to the Government Code, to read: 54956.96. (a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a policy or a bylaw or including in its joint powers agreement provisions that authorize either or both of the following: (1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a member local agency may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals: (A) Legal counsel of that member local agency for purposes of obtaining advice on whether the matter has direct financial or liability implications for that member local agency. (B) Other members of the legislative body of the local agency present in a closed session of that member local agency. (2) 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 the joint powers agency in lieu of a local agency member's regularly appointed member to attend closed sessions of the joint powers agency. (b) If the legislative body of a joint powers agency adopts a http://info.sen.ca.gov/pub/03-04/bill/asm/ab 2751-2800/ab 2782 bill 20040925_chapter... 12/16/2004 AB 2782 Assembly Bill - CHAPTERED Page 7 of 7 policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a). SEC. 3. Section 1.5 of this bill incorporates amendments to Section 54954.5 of the Government Code proposed by both this bill and AB 1827. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2005, (2) each bill amends Section 54954.5 of the Government Code, and (3) this bill is enacted after AB 1827, in which case Section 1 of this bill shall not become operative. http://info.sen.ca.gov/pub/03-04/bill/asm/ab_2751-2800/ab 2782_bill 20040925 chapter... 12/16/2004