OXNARD : City Attorney Urges Disclosure Policy

Oxnard City Atty. Gary Gillig has recommended that secret reports and memos from his office to the City Council be released to the public only with the approval of four of the five council members.

The proposal, which was made in a report to the council, will be considered by the council during its regular meeting on Tuesday.

Gillig’s recommendation was prompted by criticism from Councilwoman Ann Johs, who said earlier this month that the city attorney’s office generates too many secret memos.

The city has never had a formal disclosure policy, but Gillig said the unofficial policy has been to require that four members approve the release of such documents.

However, in a previous interview, Johs said she believes the policy is too restrictive. “I think it stinks,” she said.

In his report, Gillig said his office submitted 148 confidential reports to the council, of which 134 related directly to claims against the city, court cases, potential litigation and personnel issues.

The remaining 14 reports and memos concerned “items of interest to the City Council and contained legal opinions of the city attorney with recommendations,” the report said.

In his 8 1/2-page report, Gillig discussed at length the question of whether he represents the entire council, a majority of the council or each individual council member.

Although he concluded that the council as a collective body is his client, he decided against requiring a unanimous vote of the council to release secret documents.

In summary, he said, there is no legal precedent to help him draft a disclosure policy.

“A compromise between the above proposals would be for City Council to adopt a policy which requires four votes for disclosure, but there is nothing magical about that number either,” he said in the report.