HomeMy WebLinkAboutMINUTES - 02031987 - 1.32 TO' 1-0-32BOARD OF SUPERVISORS 1"
FROM' Phil Batchelor Contra
County Administrator Costa
DATE ' January 26, 1987 County
SUBJECT: Legislation: Senate Bill 200 (Roberti)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position of opposition to SB 200 by Senator David Roberti
which would prohibit the use of the attorney-client privilege as
a basis for a closed session of the Board of Supervisors.
BACKGROUND:
Under current law the Board of Supervisors may meet in closed
session to receive legal advice from its legal advisors even
though the subject matter of the advice does not meet the test of
"pending litigation" as defined in Government Code Section
54956. 9. Under the attorney-client privilege the Board of
Supervisors is currently able to meet in closed session to
receive general legal advice before it acts on a matter. This
is, of course, the same right any department head or individual
citizen has to consult an attorney and receive confidential legal
advice before deciding on a course of action.
A nearly identical bill to SB 200 was passed. by the Legislature
in 1986 and vetoed by the Governor. Senator Roberti has now
reintroduced this same bill as SB 200. County Counsel recommends
that the Board of Supervisors actively oppose SB 200 because of
the unreasonable restrictions it will place on his ability to
provide confidential advice to the Board of Supervisors.
We believe that the Board must have access to the best legal
advice available. On many occasions this advice should be
confidential because of the sensitive nature of many of the
issues with which the Board must deal. We, therefore, urge the
Board to oppose SB 200 .
CONTINUED ON ATTACHMENT: VES SIGNATURE:
&6`h
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S): C&k /► • I&� G'
ACTION OF BOARD ON February_3, 1987 _ APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT } AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CountNt Administrator FEB 3 1987
CC: County Counsel ATTESTED
Senator David Roberti PHIL BATCHELOR, CLERK OF THE BOARD OF
Larry E. Naake, Exec. Dir. , CSAC SUPERVISORS AND COUNTY ADMINISTRATOR
Kathy Snodgrass, Jackson/Barish
M382/7-83 BY / DEPUTY