Ordinance 2019-04ORDINANCE NO.2019-04
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF GILROY DELETING GILROY CITY
CODE SECTIONS 17A.24 (6) and (8), WHICH CURRENTLY
PROHIBIT RELIANCE ON GOVERNMENT CODE
SECTION 6255
WHEREAS, Senate Bill 1421 ("SB 1421") was signed by the Governor Brown on
September 30, 2019, effective January 1, 2019; and
WHEREAS, existing law, Penal Code sections 832.5 and 832.7, provided that requests
for information contained in local agency peace officer personal files and records of citizen
complaints were confidential and shall not be disclosed except by discovery through a Pitchess
motion in compliance with the procedures set forth in Evidence Code sections 1043, 1045 and
1046; and
WHEREAS, SB 1421 amended Penal Code section 832.7 regarding local agency peace
officer personnel records and now makes some of these records available in response to a Public
Records Act request; and
WHEREAS, on February 2, 2019, the California Attorney General ("AG") issued a
"Position — DOJ's Responsibilities Under SB 1421"; and
WHEREAS, the AG acknowledges that local agency peace officers have had a
significant privacy right in their personnel records; and
WHEREAS, the AG states that there are several cases currently pending in the California
superior courts that raise the issue whether SB 1421 requires the disclosure of records relating to
conduct occurring before January 1, 2019 (effective date of SB 1421); and
WHEREAS, the AG has taken the position that, until the legal question of retroactive
application of the statute is resolved by the courts, the public interest in accessing these records
is clearly outweighed by the public's interest in protecting privacy rights under Government
Code section 6255; and
ORDINANCE NO.2019-04
WHEREAS, the AG Position further determined that it will not disclose any records that
pre -date January 1, 2019 at this time; and
WHEREAS, in November 2008 the City Council adopted the Open Government
Ordinance ("OGO") codified in Gilroy City Code Chapter 17A; and
WHEREAS, the OGO Sections 17A.24 (6) and (8), as adopted, currently prohibit
reliance on Government Code section 6255; and
WHEREAS, the City Council wishes to adhere to the AG's position and not disclose the
City's peace officer personnel records until the legal question of retroactive application of the
statute is resolved by the courts; and
WHEREAS, the City Council finds that this Emergency Ordinance is not subject to the
California Environmental Quality Act ("CEQA," Public Resources Code sections 21000 et
seq.), because it will not result in a direct or reasonably foreseeable indirect physical change in
the environment, and it does not have the potential to result in a physical change to the
environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations
"CEQA Guidelines," sections 15060(c)(2) and (3)).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 17A, of the Gilroy City Code entitled the "Gilroy Open Government Ordinance"
is hereby amended by repealing Sections 17A.24 (6) and (8) in their entirety. Except as provided
herein, no other amendments, deletions or additions are made to the Chapter 17A."
SECTION II
This Emergency Ordinance, pursuant to Gilroy City Charter, Article VI, Section 602, is
hereby declared by the City Council to be necessary as an emergency measure and shall take
effect immediately and be in full force and effect after its approval and adoption based on the
following:
a. The City Council finds that the uncertainty of the application of SB 1421 presents an
imminent threat to the confidentiality of its peace officers personnel records and that until
the legal question of retroactive application of the statute is resolved by the courts, the
ORDINANCE NO. 2019-04
public interest in accessing these records is clearly outweighed by the public's interest in
protecting privacy rights.
b. The City Council finds that there are several SB 1421 requests for peace officer personnel
records pending with the City that require a response by City in the immediate future,
which will be prior to the legal question of retroactive application of the statute is
resolved by the courts.
c. The City Council finds that the City's exposure to litigation by disclosing peace officers'
personnel records that a court may later determine to be unwarranted is also clearly
outweighed by the public's interest in protecting privacy rights.
d. The City Council finds that this amendment is necessary to provide the City the ability to
solely rely on Government Code section 6255 to withhold local agency peace officer
personnel records until the legal question of retroactive application of the statute is
resolved by the courts.
e. The City Council finds that in order to accomplish these goals, the Gilroy City Code
Chapter 17A, Section 17A.24 (6) and (8) must be deleted by means of this Emergency
Ordinance.
SECTION III
If any section, subsection, sentence, clause or phrase of this Interim Urgency
Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining portions of this ordinance. The City Council of the
City of Gilroy hereby declares that it would have passed and adopted this ordinance, and
each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases may be declared invalid or
unconstitutional.
SECTION IV
This Emergency Ordinance is adopted pursuant to Gilroy City Charter, Section 602.
The City Clerk shall certify to the adoption of this Emergency Ordinance and cause the
same to be published in the manner prescribed by law, and it shall become effective
immediately upon its adoption.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY
this 11 th day of February 2019, by the following vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, MARQUES, LEROE-
MUNOZ, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: TOVAR
ORDINANCE NO. 2019-04
APPROVE
h_
Roland Velasco, Mayor
ATTEST•
a a Freels Clerk
ORDINANCE NO. 2019-04
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached emergency Ordinance No. 2019-03 is an original ordinance, or true and correct copy of a
City ordinance, duly adopted by the Council of the City of Gilroy at a special meeting of said
Council held on the 11`h day of February, 2019, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 11 day of February, 2019.
a Freels MM
Clerk of the City of Gilroy
(Seal)