HomeMy WebLinkAbout11 - Attorney -Client Privilege - WaiverTO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
May 8, 2018
Agenda Item No. 11
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Aaron C. Harp, City Attorney
949-644-3131, aharp@newportbeachca.gov
PREPARED BY: Aaron C. Harp, City Attorney
TITLE: Attorney -Client Privilege — Waiver
ABSTRACT:
The City Attorney is requesting that the City Council waive the attorney-client privilege
related to two E-mails between the City Attorney and an individual Council Member,
which have been shared with a third party.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act
("CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because this action will not result in a physical change to the environment, directly or
indirectly; and
b) Waive the attorney-client privilege related to two E-mails between the City Attorney
and an individual Council Member, which have been shared with a third party.
FUNDING REQUIREMENTS:
There is no funding requirement associated with the recommended item.
DISCUSSION:
Under City Charter Section 602(a), the City Attorney is charged to "represent and
advise the City Council... in all matters of law pertaining to their offices." At times, the
City Attorney provides information and advice to individual City Council Members;
however, the client is and remains the City Council as a whole. (Rules of Professional
Conduct, Rule 3-600(A).) As a result of the privilege lying with the City Council, the
consent of a majority of the City Council is required to waive the attorney-client
privilege. (Kleiman v. Superior Court (1999) 74 Cal.AppAt" 324, 334; Rules of
Professional Conduct, Rule 3-100(A).) The City Attorney is requesting that a majority of
the City Council waive the attorney-client privilege in regards to two E-mails between
the City Attorney and an individual Council Member because the two E -Mails have been
shared with a third party.
Attorney -Client Privilege — Waiver
May 8, 2018
Page 2
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to CEQA pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
NOTICING:
This agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers this item).
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