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2001/10/23 City Council Resolution 2001-229RESOLUTION NO. 2001 -229 A RESOLUTION OF THE CITY COUNCIL OF THE ROHNERT PARK STATING THE POLICY OF THE CITY COUNCIL RELATING TO CONFIDENTIALITY OF CLOSED SESSIONS WHEREAS, as a general rule the Ralph M. Brown Act ( "Act ") requires that the public's business be conducted in sessions of the City Council that are open to the public; and WHEREAS, the Ralph M. Brown Act provides for certain exceptions to this general rule by allowing the City Council to meet in closed session for certain specific purposes; and WHEREAS, the purpose of meeting in closed session is to maintain the confidentiality of information received and matters discussed in those closed door meetings; and WHEREAS, the City Council wishes to adopt this resolution stating policy relating to the confidentiality of closed session. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park as follows: SECTION ONE. Confidential information received and matters discussed in closed session shall not be disclosed outside of closed session unless authorized by a majority of the members of the City Council by vote in open session. SECTION TWO. Unauthorized disclosure of confidential information received and matters discussed in closed session may violate the privacy rights of an individual whose performance has been discussed in closed session; may compromise the position of the City of Rohnert Park in pending litigation by giving an unfair advantage to the opposing party in that litigation; or may fail to maximize the appropriate use of city resources by providing information to a party with whom the City has or wishes to have a contractual relationship. SECTION THREE. If a member of the City Council makes an unauthorized disclosure of confidential information received or discussed in closed session as determined by the City Council on the basis of substantial credible evidence presented at a public meeting, then the City Council, by the affirmative vote of four members of the City Council, may either exclude that city council member from future closed sessions on the subject; or bring an action to enjoin future unauthorized disclosures from closed session discussions. PASSED and ADOPTED this 23rd ATTEST: , 2001 by the following vote: CITY OF ROHNERT PARK V FLORES: AYE REILLY: AYE SPZ ZA 5ZAK-MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)