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<br />::E <br />~ <br />WE <br />-'~ <br />rr~ <br />'~ <br /><( <br /> <br />rn <br />C"-.J 0 <br />c::::> ~ ~ <br />c::::> 0:"' <br />C"-.J LU ~ <br />~ ...Jc::: <br />cO", <br />>-Cf) <br />~ B.~ ORDINANCE NO. 2002- 68 <br /> <br />() <br />AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, OF <br />THE CITY CODE TO ADD SECTION 2.375 REGARDING ATTORNEY- <br />CLIENT PRIVILEGE AND WAIVER OF ATTORNEY-CLIENT <br />PRIVILEGE FOR THE CITY COUNCIL AND BOARDS AND <br />COMMISSIONS OF THE CITY; INCLUDING PROCEDURAL <br />PROVISIONS; AND PROVIDING FOR PENALTIES. <br /> <br />126. <br /> <br />RECITALS: <br /> <br />1. The City Council and boards and commissions of the City sometimes discuss advice <br />and information with the Legal Department staff or other attorneys representing the City that <br />comes within the attorney-client privilege. <br /> <br />2. The attorney-client privilege can be waived, and when it is waived, advice and <br />information that is otherwise confidential can be disseminated to third parties and used against <br />the City's interests in litigation. <br /> <br />3. Questions can arise about the manner in which the attorney-client privilege is waived <br />and who is authorized to waive the attorney-client privilege on behalf of the City Councilor a <br />City board or commission. <br /> <br />4. The City Council wishes to amend the City Code to clarify that a waiver of the <br />attorney-client privilege for the City Councilor a City board or commission requires the <br />approval of a majority of the entire membership of the Councilor the board or commission at a <br />public meeting. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. Chapter 2, Administration, of the City Code is amended to add Section <br />2.375 to read as follows: <br /> <br />Sec. 2.375. Waiver of attorney-client privilege by city board or commission. <br /> <br />(a) A waiver of the attorney-client privilege between the city councilor a board or <br />commission of the city and the city attorney or another attorney representing the city <br />councilor the board or commission shall occur and take effect only upon: <br /> <br />(1) a finding by the councilor the board or commission that the waiver is in the <br />public interest; and <br /> <br />(2) approval of the waiver in a public meeting by a majority vote of the entire <br />membership of the city councilor the board or commission. <br /> <br />C:\TEMP\Atty-client priv waiver.doc <br />