HomeMy WebLinkAboutMINUTES - 03161993 - 2.2 Contra
TO: BOARD OF SUPERVISORS Costa
FROM: Phil Batchelor, County Administrator 8, • R',
' .` •, ;a
Victor J. Westman, County Counsel bounty
s
DATE: March 16, 1993
SUBJECT: Policy for Disclosure of Litigation Settlements
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Adopt a policy on disclosure of litigation settlements
to formalize the past procedure and policies of the County of
Contra Costa on this subject which is consistent with the aim of
full public disclosure and compliance with the public records
act.
FISCAL IMPACT
There will be some increase in the number of claims and
additional payments of County funds for litigation settlements
because of publicity. This fiscal impact is impossible to
predict at this time.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The County Administrator and County Counsel recommend
that a policy on disclosure of litigation settlements be adopted
by the Board.
The purpose of this recommendation is to propose a
policy on disclosure of settlements of litigation which meets
the obligations of the Board of Supervisors under the provisions
of the Public Records Act and which is consistent with the Board
of Supervisors expressed policy of full public disclosure of the
public' s business.
CONTINUED ON ATTACHMENT: XX YES GNATURE�A
•
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD,ON March 16 , 1993 APPROVED AS RECOMMENDED OTHER X
Following comments of Phyllis Roff, 2893 San Carlos Drive, Walnut Creek, the Board ADOPTED a policy on disclosure of
litigation settlements to formalize the past procedure and policies of the County which is consistent with the aim
of full public disclosure and compliance with the Public Records Act as amended to include a procedure for including
settlements of insurance companies representing the County.
The Board also REQUESTED the County Administrator and County Counsel to list on the March 23, 1993, Board Agenda a
report on the selection process of outside attorneys to represent the County on litigation matters.
VOTE OF SUPERVISORS ,
I HEREBY CERTIFY THAT THIS IS A
XX UNANIMOUS (ABSENT - - TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE i
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Victor W. Westman 646-2051
Orig: CAO ATTESTED March 163, 1993
cc: County Counsel PHIL BATCHELOR, CLERK OF
Risk Management THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY60• 23�l &- , DEPUTY
i
1
POLICY FOR DISCLOSURE OF LITIGATION SETTLEMENTS (ATTACHMENT_
Under the Public Records Act, records relating to pending litigation
to which the public entity is a party are exempt from disclosure until the
pending litigation has been finally adjudicated or settled. (Government Code
Section 6254(b) ) When litigation is pending, the Brown Act allows
confidential communications in closed session between the public entity's
legislative or governing body and its counsel to discuss matters of
significance which affect the public entity's exposure to litigation.
Assuming compliance with applicable provisions of the Brown Act, closed
session discussions of the litigation while it is pending are privileged under
the attorney-client privilege.
For many years, the County's Board of Supervisors has publicly
announced all but a few of all of its concluded settlements of litigation on
its public agenda. Contra Costa County has been virtually alone among public
entities (cities, districts, other counties, etc. ) in this area in following
this practice. In order to formalize the County's unique past practice in
this regard, it is recommended by staff that the Board of Supervisors ' policy
provide that once any action has been fully concluded the settlement of the
case will be publicly announced on the consent calendar.
It is further recommended that the Board of Supervisors ' policy
provide that Contra Costa County will not agree to confidential settlement
agreements .