Resolution 1360RESOLUTION NO. 1360
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, REPEALING RESOLUTION 853, WHICH DIRECTED
THAT "MINUTES" BE TAKEN DURING EXECUTIVE SESSIONS.
WHEREAS, the city council adopted Resolution 853 in 1996, which directed that "minutes" be
taken during executive sessions; and
WHEREAS, "minutes" is not an appropriate description of what takes place pursuant to
Resolution 853, because the notes that are taken are never reviewed and approved by the city
council in open session or otherwise; and
WHEREAS, because they are not reviewed and approved, they cannot be relied upon with the
same certainty that one would rely upon city council meeting minutes that have been reviewed
and approved; and
WHEREAS, the city has had to release some of the executive session notes that are not protected
by the attorney -client privilege; and
WHEREAS, if the city continues the practice of note taking, the possibility of release of the non -
privileged notes could discourage councilmembers from speaking candidly on important matters
that properly could be discussed in executive session; and
WHEREAS, some have suggested that Resolution 853, and comments made during the
deliberations on Resolution 853, expressed an intent that the city council would review these
executive session notes, upon request, and then determine whether to waive the attorney -client
privilege to allow their disclosure; and
WHEREAS, The problem with the language used in Resolution 853 for describing when
disclosure might occur — "if and when the reason for the executive session expires" — is that the
attorney -client privilege does not expire and a large number of the city council's executive
session notes are protected by the attorney -client privilege; and
WHEREAS, some have suggested that the city council should review privileged notes on a case
by case basis, pursuant to public records requests, to determine whether the city council should
waive the attorney -client privilege and allow the notes to be disclosed publicly; and
WHEREAS, Rule 502 of the Washington Rules of Evidence states that when a waiver results
from a deliberate disclosure (as would be the case if the city council voted to waive the
privilege), the waiver extends to the actual materials disclosed, plus any other materials relating
to the same subject matter that ought, in fairness, be considered together with the disclosed
materials; and
WHEREAS, the extent of privilege waiver in cases of deliberate disclosure is inherently
unpredictable and cannot be known at the time of disclosure; and
WHEREAS, the city council does not want to place the city at risk by initiating a deliberate
disclosure without being able to control the extent of the resulting privilege waiver; and
WHEREAS, the city council and city staff are not aware of any other cities that take and
maintain detailed notes of what is said during executive session; and
WHEREAS, the city council believes that the current process of taking executive session notes
places a burden on the city clerk's office without sufficient corresponding public benefit to
justify continuation of the practice initiated by Resolution 853; now therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
Section 1. REPEALER. Resolution 853 is hereby repealed.
RESOLVED this 7th day of June, 2016.
CITY OF EDMONDS
MA OR, 13ATEtAPLING
ATTEST:
CLEaSCOf, ASSEY
FILED WITH THE CITY CLERK: June 3, 2016
PASSED BY THE CITY COUNCIL: June 7, 2016
RESOLUTION NO. 1360