HomeMy WebLinkAbout1996-12-10 - AGENDA REPORTS - ATTORNEY CLIENT PRIVILEGE (2)AGENDA REPORT
NEW BUSINESS
DATE: December 10, 1996
City Manager Approv
Item to be presented
Carl K. Newton
SUBJECT: WAIVER OF ATTORNEY-CLIENT PRIVILEGE
DEPARTMENT: City Attorney
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During the period October, 1993 until November, 1996, the City employed the consulting
services of Bill Hussey and Associates (BHA) for purposes of assisting the City of Santa Clarita
in its opposition efforts regarding the proposed Elsmere Solid Waste Management Facility. As
it was anticipated by the City that the project was likely to be a matter of potential litigation,
information and directives about Mr. Hussey's activities were discussed by the City Council in
closed session, as outlined under California Government Code Section 54956.9(c).
On November 12,1996, President Clinton signed into law the Omnibus Parks and Public Lands
Management Act of 1996. Contained within the new law is a provision which prohibits the
conveyance of Angeles National Forest property out of public ownership foruse as a landfill.
The enactment of the federal legislation eliminates the landfill project, as presently proposed,
from further consideration by the United States Forest Service and the County of Los Angeles.
While a smaller landfill project on the remaining privately owned acreage is a possibility, a new
project application will need to be filed with the County of Los Angeles. As the original 190
million ton landfill project which was anticipated to be the focus of a potential litigation has,
in effect, been eliminated, the potential for litigation no longer exists.
Therefore, it is now appropriate to waive the Attorney -Client Privilege on matters related to
the activities of Bill Hussey and Associates. There are three general categories of documents:
1) documents presently in possession of the City, consisting of invoices, contracts and other
materials, including, but not limited to, reports, correspondence and campaign plans; 2) older
documents held by the City which have been sent to off-site storage; and 3) documents presently
in the possession of BHA which have been requested by City. The last category of documents
are projects which were in process at the time the City Council terminated the contract with
BHA.
The first category of documents has been reviewed by the City Attorney and is requested to
have the Attorney -Client Privilege waived. The second and third categories of documents are
0A enda item:_
anticipated to be received by the City within the next few weeks.
Waive the Attorney -Client Privilege on those documents relating to Bill Hussey. and Associates
as outlined under category 1. Direct the staff and City Attorney to retrieve documents as
outlined under categories 2 and 3, review and release all documents no longer requiredforany
potential litigation for public review.
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