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SR-9-C (10) Cj- ~ ;2 /2/9Y CA:F:atty\memo\ccbrown.tmp city Council Meeting 2-8-94 Santa Monica, California CLOSED SESSION OPINION KEMORANDUM TO: Mayor and City council FROM: Joseph Lawrence, Acting city Attorney SUBJECT: Necessity for Closed Session on February 8, 1994 The Brown Act was recently amended to provide more specific standards for holding closed sessions for pending litigation. The new changes are contained in Government Code Section 54956.9. Under Government Code Section 54956.9, the city council, based upon the advice of its legal counsel, may hold a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the city in litigation. The section requires that the legal counsel submit to the legislative body a memorandum stating the specific reason and legal authority for the closed session. The memorandum, if feasible, should be submitted to the legislative body prior to the closed session, but in no event later than one week after the closed session. In connection with the closed session on February 8, 1994, the following specific cases will be considered in closed session: 1. Claim of A. Kitman Ho. 2. Gutman v. City of Santa Monica, United States District Court Case No. 92-0860 RMT. The legal authority for holding a closed session on the litigation cases outlined above is contained in Government Code Section 54956.9(a). It is the opinion of the city Attorney that discussion of this case in open session would prejudice the position of the City in litigation, since the discussion of each case will involve the legal strategy or legal course of action that the City intends to take in the case. The legal authority for holding a closed session on those claims outlined above is contained in Government Code section 54956.9(b)(1). In the opinion of the City Attorney, based upon the claims and the facts set forth therein, there is significant exposure to litigation against the city. . . CA:f:atty\muni\memo\cclist.tmp city council Meeting 2-8-94 Santa Monica, California LIST OF PENDING CASES TO BE CONSIDERED IN CLOSED SESSION 1. Claim of A. Kitman Ho. 2. Gutman v. city of Santa Monica, united States District Court Case No. CV 92-0860 RMT. The legal authority for this closed session is Government Code sections 54956.9(a) and 54956.9(b)(1). [Note. Following closed session, the City Council may publicly approve settlements in one or more of the above-entitled cases. J --