The District Attorney, in its February 24, 2016, report regarding its investigation of alleged Brown Act violations pertaining to the employment of the Public Safety Administrative Officer, concluded that there was a lack of sufficient evidence to prove a violation of the Brown Act beyond a reasonable doubt such that no criminal charges or civil action will be filed.  The District Attorney nevertheless recommended that the City Council consider adopting various recommendations in the interest of promoting public transparency.  The recommendations are listed in the discussion below.

Government Code section 54957.2 authorizes the City Council by resolution to designate a clerk to attend closed sessions and keep a minute book or recordings of the City Council’s closed sessions for a period of two years.  Although the City’s records are open to the public, Government Code section 54957.2 mandates that closed session records be kept confidential.

The District Attorney, in its report recommended that the City Council consider the following recommendations:

1.  To record future closed session meetings for a period of at least two years effective immediately;
   
   
2.  If a new employment position is created in the future by the City Council, that the City Council commit to disclose the creation of the new position in public before filling the position;
   
   
3.  That the City Council commit to refrain from relying on the “pending litigation” exception to create a new City position in closed session without reporting this action immediately at the conclusion of the closed session; and
   
   
4.  That the City audit the work and performance of the Public Safety Administrative Officer to assure the public that the position is not a “no show” position.

The City Clerk is the designated recorder for all City Council meeting minutes and City records.  Government Code section 54957.2 further authorizes the Council to designate the Clerk or some other officer to keep closed session records in the form of a minute book or audio recordings. 

Staff recommends that the City Council adopt the resolution appointing the City Clerk and deputies as the official closed session recorders and authorize recording closed sessions for a period of two years.  This action will implement the first recommendation of the District Attorney.  Staff further recommends that the City Council affirm that any new employment position in the City will be created in open session.  With this affirmation, the second and third recommendations of the District Attorney will be implemented.

In addition, staff has followed up with City Council's direction to implement the fourth recommendation. That involves conducting an audit of the work and performance of the Public Safety Administrative Officer. Preparation to begin that initiative is underway, and the City Administration will be reporting more fully on the next steps to move forward with this at the April 26, 2016 City Council meeting. 

There is minimal financial impact to the General Fund resulting from the adoption of the resolution and recording of closed sessions.

It is expected that the audit of the Public Safety Administrative Officer position will not exceed $25,000. Those funds would come from the City Council contingency and City Council support accounts. 

It is recommended that the City Council:

•   Adopt the Resolution designating the City Clerk and deputies as the official closed session recorders;
  
  
•   Approve the recording of closed sessions for a period of two years;
  
  
•  Affirm that any new employment position in the City will be created in open session of the City Council; and,
  
  
• Audit the work and performance of the Public Safety Administrative Officer to assure the public that the position is not a "no show" position.