CLEARLAKE — Members of the Clearlake City Council reportedly received a memo recently describing legalities associated with the disclosure of closed session material.
The memo was drafted in order to inform the council of its legal responsibility to maintain confidentiality and advise of potential implications should confidentiality be broken.
City Administrator Dale Neiman said he is unsure whether or not confidentiality has been breached; however, concerns have surfaced indicating the possibility.
He said he discussed the matter with the city”s attorney, who in turn prepared the informational memo.
“I had heard from different people that this may be going on and I felt it was important to let the council know what the rules are and what the potential implications are,” Neiman said. “The worst thing you can do if there is a concern is just ignore it. For a small city there are so many rules and regulations that apply to us it”s hard to keep up with them. If you have enough experience you may be intuitive enough to catch them.”
According to Neiman, breach of confidentiality by a council member could lead to prosecution for misdemeanor if the breach is intentional.
Breach by a council member could also lead to an investigation by the Grand Jury he said. Improper disclosure by members of city staff he said would result in disciplinary action.
Consequences for the city, Neiman said, would depend on what type of information is leaked. Topics primarily discussed in closed session include sale of property, labor negotiation and potential and ongoing litigation, which if breached could result in varied consequences.
Neiman said in his experience in another area he had seen a case made against a council person for conflict of interest. The case, he said, had led to a Grand Jury investigation as well as a case made by the District Attorney to remove the person from office. He said he believes the defendant spent approximately $200,000 on legal fees as a result of the case.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com.
