ORD 618 12/19/2003 ORDINANCE NO. (f l
AN ORDINANCE REGARDING ATTORNEY/CLIENT PRIVILEGE,
WAIVER OF ATTORNEY/CLIENT PRIVILEGE, AND REQUIRED
ACTION BY MAJORITY OF CITY COUNCIL MEMBERSHIP TO
WAIVE ATTORNEY/CLIENT PRIVILEGE.
WHEREAS, the City Council is often placed in the position of receiving privileged and
confidential information from its city attorney or other designated attorney representing the City;
and
WHEREAS, communications between a client and their attorney is considered
confidential under State law; and
WHEREAS, the City Council has determined that it is necessary to preserve that
attorney/client privilege and to ensure that any alleged waiver of that privilege comes as a result
of specific action by a majority of the entire membership of the City Council.
NOW THEREFORE, be it ordained by the City Council of the City of Cibolo,
Texas:
Attorney/Client Privilege
A. No waiver of the attorney/client privilege between the City Council of the City of
Cibolo, Texas, and its city attorney or designated attorney representing the city shall occur or be
effective unless and until:
1. the issue of waiver of attorney/client privilege must first be
a posted item on the City of Cibolo, Texas, City Council
Agenda,in accordance with the Texas Open Meetings Act;
2. the item must be fully voted upon by the Council; and
3. said waiver of attorney/client privilege shall . only be
effective if two-thirds (2/3) of the entire membership of the
City Council in such vote shall agree to waive the privilege.
Should any court find this provision to be invalid, either on
its face or as applied, a majority vote shall nonetheless be
required.
B. In no case shall any action by an individual
Councilmember constitute a waiver of the attorney/client
privilege for the City Council for the City of Cibolo, Texas.
The only recognized waiver of attorney/client privilege by
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the City Council of the city of Cibolo, Texas,is the process
delineated in "A."
PASSED AND APPROVED on the /9 day of rte'( / bar , 2003.
NulariLlyir
Mayor
ATTEST:
H
mine Griffin, City Secrets
APPROVED AS TO FORM:
Sus C. Rocha, City Atto le
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