HomeMy WebLinkAboutMINUTES - 08131996 - D3 r`
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irI V D.3
TIE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
DATE: August 13, 1996 MATTER OF RECORD
SUBJECT: Full Disclosure and Release of all Documents Relating to Secret Settlement
Agreements
Supervisor Bishop requested that the Board consider full disclosure and release of all
documents relating to secret settlement agreements and consider a policy that encourages public
disclosure of decisions and legislative determination effecting conduct of litigation, e.g., taping
of closed sessions for future release. (See Attached)
Following Board discussion of the request, no action was taken.
THIS IS A MATTER FOR RECORD PURPOSES ONLY
NO BOARD ACTION TAEEN
cc: Supervisor Bishop
County Administrator
County Counsel
D.3
A j
`r TO: BOARD OF SUPERVISORS
FROM: Gayle Bishop, Supervisor,District III
DATE: August 13,1996
SUBJECT: Board consider full disclosure and release of all documents relating to secret
settlement agreements
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE the release and public distribution of any and all documents relating to secret settlement agreements,
specifically including but not limited to documents relating to the Peggy Johnson-Miraglia, John Stiglich .
Interoffice memoranda, attorney, correspondence and depositions are to be included in the document production.
DIRECT County Counsel to obtain necessary written permission and releases from appropriate parties to provide
all documents to the public, including, but not limited to those documents that fall within the County's attorney-
client privilege.
CONSIDER a policy that encourages public disclosure of decisions and legislative determination effecting
conduct of litigation, e.g.,tape closed sessions for future release.
FISCAL IMPACT
None.
BACKGROUND
In 1994 in response to declaratory relief sought by the Contra Costa Times, the Court ordered the County to
release and make public previously secret settlement agreements relating to a number of cases including the
Stiglich and Johnson-Miraglia litigations. However, certain documents were withheld by the County, claiming
these document were the subject of attorney-client privilege. The public has a right to know when it concerns
the conduct of public officials. The public has a right to know the process and the considerations inherent in
legal actions undertaken by the County that result in the expenditure of millions of dollars of taxpayer monies.
Only a thorough disclosure of the facts will result in preventative and prophylactic measures to assure that in the
future there is appropriate cost avoidance.
cc: Phil Batchelor, County Administrator
Vic Westman, County Counsel
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BO APPROVED AS RECOMMENDE OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT TH S A TRUE
AND CORRECT COPY OF ACTION TAKEN
UNANIMOUS (ABSENT ) AND ENTERED ON MINUTES OF THE
BOARD OF RVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED
PHIL BATCHELOR, CLERK OF THE BOARD OF
UPERVISORS AND COUNTY ADMINISTRATOR
CC: Board of Supervisors
BY ,DEPUTY