Ordinance 2019-05ORDINANCE NO.2019-05
AN 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
WHEREAS, the AG Position further determined that it will not disclose any records that
pre -date January 1, 2019 at this time; and
ORDINANCE NO. 2019-05
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 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 fords that this 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
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 III
Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force
and effect thirty (30) days from and after the date it is adopted.
ORDINANCE NO. 2019-05
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY
this 251h day of February 2019, by the following vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, MARQUES,
LEROE-MUNOZ, TUCKER and VELASCO
NOES: COUNCILMEMBERS: TOVAR
ABSENT: COUNCILMEMBERS: NONE
A
ATTE T:
i
a Freels, Ci Clerk
Velasco, Mayor
ORDINANCE NO.2019-05
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached emergency Ordinance No. 2019-05 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 25t' 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 26t' day of February, 2019.
awna Freels, C
City Clerk of the City of Gilroy
(Seal)