City of Stockton, CA Chapter 4.04 CLOSED SESSIONS

§ 4.04.010 Policy.

1) It is the intent of this policy to establish rules and guidelines governing the calling, conducting, and confidentiality of closed sessions held pursuant to the Ralph M. Brown Act, Government Code Section 54950 et seq.

2) CALLING CLOSED SESSIONS

A) Authority to Request. The Mayor, any three Councilmembers, the City Manager, or the City Attorney may request a closed session.

B) Agendizing Closed Sessions. Closed sessions shall be described on the City Council agenda with the details specified on Agenda Descriptions for Closed Session Items ("Safe Harbor" Provisions).

C) Procedure to Recess. The Mayor shall announce the Government Code section authority and agenda item number for the closed session in the form specified in Announcement of Recess to Closed Session, and shall, if no Councilmember objects, then recess the Council to closed session. If any Councilmember objects to the proposed closed session, the Council shall not recess to such closed session unless a motion to do so is duly made, seconded, and carried.

3) PUBLIC REPORTS

The City Attorney shall, unless disqualified, prepare any public reports required for litigation sessions. Such reports shall be filed with and retained by the City Clerk. The City Manager shall, unless disqualified, prepare any public reports required for non-litigation sessions. Such reports shall be filed with and retained by the City Clerk. In the event of such disqualification, the City Council shall designate the City Clerk or other officer or employee of the City to prepare any required public reports of closed sessions. For a summary of closed session reporting requirements, see Summary of Closed Session Reporting Requirements. Closed session reports shall be prepared using the forms Memo to File of Holding Closed Session on Litigation Matter.

4) CONFIDENTIALITY OF CLOSED SESSIONS

Except as specified herein, all closed sessions of the Council are confidential. The disclosure of any confidential information from the closed session, unless authorized by the Ralph M. Brown Act or by a court of competent jurisdiction, shall constitute a violation of this Council policy and a violation of Council rules.

5) LENGTHY SESSIONS

Whenever the department requesting a closed session reasonably anticipates that the session will require more than 30 minutes to conclude, the department should request that the meeting be noticed to be held on the afternoon of the day of the regularly scheduled Council meeting.

§ 4.04.020 Responsibilities.

Mayor: Announce agenda item for the closed session.

City Manager: Prepare any public reports required for non-litigation sessions, unless disqualified.

City Attorney: Prepare any public reports required for litigation sessions, unless disqualified.

City Clerk: File and retain public reports.

§ 4.04.030 Relevant authority.

Ralph M. Brown Act, Government Code Section 54950 et seq. <Link>

§ 4.04.040 Related administrative directive, city policy, city procedure.

None applicable.

§ 4.04.050 Related forms, documents, or links.

Agenda Descriptions for Closed Session Items ("Safe Harbor" Provisions): <Exhibits A-1 and A-2>

Announcement of Recess to Closed Session: <Exhibit B>

Summary of Closed Session Reporting Requirements: <Exhibits C-1 and C-2>

Memo to File of Holding Closed Session on Litigation Matter: <Exhibits D-1 through D-4>

§ 4.04.060 Frequently asked questions.

None applicable.

§ 4.04.070 Update history.

4/7/86 - Adopted by Resolution No. 86,0191

6/11/90 - Amended by Resolution No. 90-0383

6/6/94 - Amended by Resolution No. 94-0252

1/26/16 - Amended by Resolution No. 2016-01-26-1203