SR-0 (62)
CA:F:atty\memo\ccmemo.frm
City Council Meeting 12-21-93
Santa Monica, California
CLOSED SESSION OPINION MEMORANDUM
TO:
Mayor and City Council
FROM:
Joseph Lawrence, Acting city Attorney
SUBJECT:
Necessity for Closed Session on December 21, 1993
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 connectlon with the closed session on December 21, 1993,
the following specific cases will be considered in closed
session:
1-
Monica.
citizens for a Better Civic Center v. city of Santa
The legal authority for holding a closed session on the
threatened litigation outlined above is contained in Government
Code Section 54956.9(b) (1). Based upon existing facts and
circumstances, it is our opinion that there is a significant
exposure to litigation against the City.
CA:f:atty\muni\memo\cclist
city council Meeting 12-21-93
Santa Monica, California
LIST OF PENDING CASES
TO BE CONSIDERED IN CLOSED SESSION
l.
Monica.
Citizens for a Better Civic Center v. C.l.ty of Santa
The legal authority for this closed session is Government
Code section 54956.9(b) (1).