ATTACHMENT 2
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of 220 East Mountain View
Barstow, California 92311-2888
(760) 256-3531 City of Barstow
City Council Policy Memorandum
To: City Manager
From: City Council
CC: City Attorney
Date Adopted: [TBD]
Subject: City Council Policy Memorandum #2025-XX, Management of Confidential Closed Session Records
I. Purpose
This policy establishes guidelines for the management, protection, and access to confidential records created for, related to, or generated during closed session matters of all legislative bodies of the City of Barstow, including the City Council, and any City boards, commissions and committees in accordance with the California Brown Act (Gov. Code §§ 54950-54963). This policy seeks to ensure that confidential closed session records are properly safeguarded and that the confidentiality of the records is protected.
II. Scope
This policy applies to all elected and appointed city officials, employees, and contractors who are provided closed session records or who create, distribute manage, or store closed session records.
Only authorized personnel that have an official or essential role in the subject matter of a closed session may attend the closed session and have access to any records created for, related to, or generated during a closed session. Therefore, in very limited instances, adversaries or witnesses with official roles in hearings allowed in closed sessions (e.g., personnel disciplinary hearings and license hearings) may also be allowed in closed sessions and access relevant records.
III. Definition of Confidential Closed Session Records
1. “Authorized personnel” means elected and appointed City officials, employees, contractors that have an official or essential role in the subject matter of a closed session.
In the very limited instances where the Brown Act allows adversaries or witnesses with official roles in hearings to be present during a closed session for a hearing, “authorized personnel” includes those individuals.
To the extent the matter of the closed session involves a confidential personnel matter per Gov. Code section 54957 or related claims or litigation, “authorized personnel” shall only mean the Human Resources Director, Human Resources staff essential to the closed session matter, the City Manager, the City Attorney, the Mayor, and City Council members. “Authorized personnel” for a closed session that involves a confidential 387368.4 Page 2 of 4
personnel matter shall not include the assistants of any authorized personnel, department manager or director; or any employee, director, or manager without an official or essential role in the confidential personnel matter.
2. “City Manager” means the City Manager or their designee.
3. “Confidential closed session records” or “closed session records” refers to any materials related to a closed session matter of any City legislative body, which is distributed before, during, or after a closed session that is exempt from public disclosure under the California Public Records Act. These records include, but are not limited to, digital or paper-based records created for or related to a closed session matter, such as:
a. Documents, presentations, reports, contracts, investigations, employee evaluations, personnel records, complaints, or matters related to hiring, firing, or discipline of City personnel;
b. Audio or video recordings; and
c. Records that involve attorney-client communications, litigation strategies, or other privileged information protected under the law.
4. “Legislative body” means the City Council, any City Council subcommittee, or any advisory body created by the City Council (e.g., the Planning Commission) voter initiative.
IV. Protection of Confidential Closed Session Records
1. Access Control.
a. Access to closed session records will be strictly limited to authorized personnel only. b. Closed session records will not be made available to the public with the closed session agenda. Access to closed session records will only be granted in accordance with the California Public Records Act where no exemption applies. c. Physical and digital closed session records intended for distribution during a closed session must be kept securely and in the possession of authorized personnel until the closed session meeting. This means:
i. Physical closed session records must not be distributed or made available until after the closed session meeting has been called to order. After the closed session has ended, physical closed session records are to be collected by authorized personnel and stored according to this policy.
ii. Under no circumstances are closed session records to be left in an unsecured area, including, but not limited to, common areas, conference rooms, offices of unauthorized personnel, or Council Chambers, prior to a closed session meeting.
2. Storage and Security.
a. Closed session records must be securely stored in physical or digital formats where access is limited to authorized personnel only.
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b. Physical closed session records will be kept in a locked, secure location, such as a filing cabinet or safe until the closed session meeting. c. Digital records will be stored in a secure system with access restricted to authorized personnel only.
d. No recording shall be taken of a closed session meeting or related records, including no photographic, video, or audio recordings.
3. Handling and Disposal.
a. All authorized personnel must take reasonable precautions to prevent unauthorized disclosure of closed session records.
b. When no longer needed and in accordance with the City’s Record Retention Schedule, closed session records must be securely disposed of through shredding (for paper records) or secure deletion (for digital records).
VII. Breach of Confidentiality
1. Reporting Violations.
a. Any suspected or actual breach of confidentiality regarding closed session records must be reported the same business day to the city manager. The city manager shall work with the city attorney and/or mayor as appropriate regarding the breach of confidentiality.
b. Written or verbal reports can be made by any person who suspects a violation has occurred. Any person that reports a suspected violation under this policy be safeguarded against any form of retaliation or punitive action.
2. Investigation and Consequences.
a. Any City employee or appointed City official found to have intentionally or negligently violated the confidentiality of closed session records may face disciplinary action, including suspension, termination, or other appropriate measures based on the severity of the violation.
b. At the direction of a majority of the City Council, an allegation of a breach of confidential records by an elected official may be referred to the appropriate enforcement agency.
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I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of City Council Policy Memorandum #2025-XX of said Council which was adopted at a regular meeting held [TBD], by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________ __________________________
Andrea Flores, City Clerk Timothy Silva, Mayor