10/19/1970 - Laserfiche WebLink

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UNSCHEDULED ITEM NO. 1: Statement by the Mayor, Cont'd. 16, The City Attorney noted that the Litigation Session is one of the rare exceptions to the Brown Act(wherein a meeting is held open and public) that the scope of the litigation session is limited to a confidential exchange between an Attorney and his client, in this case, the Town. Councilman Davey stated that she had indeed contacted Mr. John B. Rutherford whose name arose in the litigation session as having been rumored that he was bringing suit against the Town because she felt this was "gossip, it was a completely unfounded rumor, and it is (her) firm belief that the name (Mr. Rutherford) should never have been raised in a litigation session without having been previously checked by the City Attorney- and that in the fair plays that are minimal in the political arena, Mr. Rutherford should at least have the opportunity to answer these rumors either in public or private." The City Attorney noted the Litigation Session was not for bantering rumors, and that there was no way to check authoritatively on various matters of proposed litigation that came to City officials nor is there any obligation to do so, because to do so in many instances would be to tip the hand of the Town or to give away a valuable right of the Town, not of an individual Councilman but of the whole Town to protect itself as would any party in an adversary situation. He also noted that he did offer to check this out. Council discussion ensued and the majority concurred that Councilman Davey t did wrongfully transmit confidential information of the Town to an unauthorized person and Councilman Grabowski proposed the following resolution: Be it resolved that the Town Council of the Town of Los Altos Hills does hereby censure Councilwoman Mary C. Davey for action in breaching the confidence of the Council, whereby Councilwoman Davey did knowingly disclose the specific content of confidential Town information to a person unauthorized to receive same. MOTION, SECONDED AND CARRMD: Councilman Grabowski moved, seconded by Helgesson that the above resolution censuring Councilman Davey be adopted was carried by the following roll call vote: Ayes: Councilmen Corbett, Grabowski, Helgesson, Mayor Benson. Noes: Councilman Davey, UNSCHEDULED ITEM NO. 4: Report on Resurfacing of Foothill Expressway. This item was removed from the Agenda by the request of Councilman Grabowski, who had requested it be agended. UNSCHEDULED ITEM NO, 5: Request of Tree Committee to label trees. Staff requested additional time to combine with other requests and then 40 report back to the Council advising what funds were available. STAFF REPORTS: AW 1. City Manager noted that the Horse Ordinance had been rewritten deleting the objectionable paragraphs and proposed the Council review and comment before a stencil is cut to provide copies for a public hearing. Council concurred. -3-