HomeMy WebLinkAboutOrd 546-2011 Attorney-Client Privilege.pdfCITY OF ANNA, TEXAS
ORDINANCE NO, 546-2011
AN ORDINANCE REGARDING ATTORNEY/CLIENT PRIVILEGE, WAIVER OF
ATTORNEY/CLIENT PRIVILEGE, AND REQUIRED AC'rlON BY MAJORITY OF CITY
COUNCIL MEMBERSHIP TO WAIVE ATTORNEY/CLIENT PRIVILEGE;
PREVEN'rlNG WAIVER BY INDIVIDUAL; PROVIDING FOR SAVINGS,
SEVERABILITY AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE,
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 waiver of that privilege comes
exclusively 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
ANNA TEXAS:
Section 1. Recitals Incorporated.
The recitals set forth above are incorporated herein by reference as if fully set forth for
all purposes.
Section 2, Procedure for Waiver of Attorney/Client Privilege.
No waiver of the attorney/client privilege between the City Council of the City of Anna,
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 a City of Anna, Texas, City Council Agenda, in accordance with the
Texas Open Meetings Act;
(2) the item must be fully voted upon by the Council; and
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(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
2/3 vote requirement to be invalid, either on its face or as applied, a
majority vote shall nonetheless be required to effect a waiver.
Section 3. No Individual Can Constitute a Waiver.
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 Anna, Texas. The only
recognized waiver of attorney/client privilege by the City Council of the City of Anna,
Texas, is the process delineated in Section 2.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that anyone or more
section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section 8. Effective Date.
This ordinance shall become effective immediately upon passage by the City Council.
PASSED AND APPROVED by the City Council of Anna, Texas, on this the 24th day of
May, 2011.
APPROVED: ATTEST:
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