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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
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