HomeMy Public PortalAbout2004-074 (05-18-04)RESOLUTION NO. 2004.074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD APPROVING THE LIMITED WAIVER OF
CONFIDENTIALITY OF CLOSED SESSION DISCUSSIONS,
ATTORNEY CLIENT PRIVILEGE AND ATTORNEY WORK
PRODUCT DOCTRINES FOR THE PURPOSE OF ASSISTING
INVESTIGATIVE AUTHORITIES
WHEREAS, the City of Lynwood is a public body, corporate and politic,
e.s. tablished as a General Law city and is govemed by an elected body of five council
members; and
WHEREAS, the City of Lynwood is entitled, as a public entity, to assert or waive
privileges (the "privileges") involving attorney-client communications and attorney work
product doctrine concerning a variety of activities and transactions to which the City is
party or where council members, present and past, have participated in communications
with or at the behest of attorneys representing the city; and
WHEREAS, the offices of the United States Attomey and the District Attomey is
are currently investigating a variety of activities and transactions that may involve
possible misuse of public funds or City resources, and
WHEREAS, the City desires to extend its full cooperation to the prosecuting
authorities by providing all evidence and testimony that will assist in a thorough and
complete investigation of the alleged conduct; and
WHEREAS, the City is cognizant of the fact that under the law there are areas
into which prosecuting authorities may not inquire (primary involving the privileges),
where individuals may assert a claim that there is no requirement to respond to inquiries
from the prosecuting authorities, or where by operation of law (such as the Brown Act)
information may not be provided without the consent of the legislative body; and
WHEREAS, the City does not recognize the need to impede a full and complete
investigation into the alleged wrongdoing by allowing the assertion of the privileges
where the City is the holder of the privileges or where the City can authorize the
disclosure of otherwise confidential information; and
WHEREAS, council members want to make every effort to encourage full
cooperation from all City staff and council members relative to the activities listed below.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Lynwood hereby finds, orders and resolves as follows:
SECTION 1. The Council hereby adopts this resolution to waive the assertion of
the privileges for the activities and time period further described in Section 2 below.
SECTION 2. The waiver of the privileges consented to herein shall be limited to
the following activities, transactions and time period:
1. The time period beginning January 1 1998 and ending December 31
2003. ' '
All (a) contracts for services entered into by the city or any of its
constituent entities such as Lynwood Information Inc., Lynwood Public
Finance Authority, Lynwood Utility Authority, Lynwood Redevelopment
Agency, and the like, (b) documents, statements, records, and related
materials concerning travel, lodgings, advances and reimbursements for
the same, training, meetings and conferences, services of any type paid
for by the City, regardless of reimbursement, for the benefit of city
representatives including staff, and (c) documents, statements, records
and related materials concerning purchases of any type on behalf of, or
for the benefit of, city representatives including staff.
3. All discussions, conversations, communications regardless of the medium
used, regardless of the context or setting of said discussions, conversations
and communications concerning the matters listed in item 2, next above,
including closed session discussions.
SECTION 3. It is the Council's intention in adopting this resolution to aid in the
speedy conclusion and disposition of those matters under investigation by the offices of
the United States Attorney and the District Attorney that involve the City of Lynwood
and any of its constituent entities.
SECTION 4. The provisions of this resolution shall in no way limit or impair the
ability of individuals to assert or claim the privileges when and where they are the
holders of the privileges instead of the City of Lynwood.
PASSED, APPROVED AND ADOPTED this _18I. h- day of M~y ,2004.
ATTEST:
APPROVED AS TO FORM:
Amoldo Beltrfin, City Attorney
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and forgoing resolution was duly adopted by the City Council of the City of
Lynwood at a regular meeting held in the City Hall of said City on the 18th day of May,
2004 and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEN PEDROZA,
VASQUEZ AND BYRD
NONE
NONE
NONE
RODRIGUEZ,
SANTILLAN,
Andrea L. Hooper,
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, tree and
correct copy of Resolution No. 2004.074 on file in my office and that said resolution was
adopted on the date and by the vote therein stated.
Dated this 18th day of May, 2004.
Andrea L. Hooper, City Clerk