Apr 2, 2018

Will the County realize they noticed the wrong section on tomorrow's agenda?




This is what the County has on the agenda posted:

Conference with Legal Counsel - pursuant to Government Code Section 54956.9, subd. (d)(2) regarding pending litigation: Micah Keyes-Anderson, Andrew Barnes, William Woods, and Alvin Wingo v. County of Humboldt.


Wonder when the County will realize they noticed the wrong section? What they noticed actually falls under (d)(1) since it states the Plaintiff names v. Humboldt, it has to be initiated formally.




54956.9.

(a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation.

(b) For purposes of this chapter, all expressions of the lawyer-client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer-client privilege for purposes of conducting closed-session meetings pursuant to this chapter.

(c) For purposes of this section, “litigation” includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.

(d) For purposes of this section, litigation shall be considered pending when any of the following circumstances exist:

(1) Litigation, to which the local agency is a party, has been initiated formally.

(2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.




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