HomeMy WebLinkAbout00 - Closed Session - HandoutFrom: Ad lever <adlever@hotmail.com>
Sent: January 28, 2026 12:44 PM
To: Harp, Aaron <aharp@newportbeachca.gov>
Subject: Closed Session Inquiries
Aaron,
I have recently become aware, that a number of Newport's elected Officials may not be as fully informed
about the current status of matters related to various aspects of Harbor management, as would be beneficial
for both the City and Stakeholders. In effort to remedy this, I've read through Government Code section
54956.9 pertaining to closed sessions. I ask that you, as City Attorney, respond to the following:
Would it not be prudent to have Elected Officials, and possibly specific Staff, be more completely informed, so
as to make more accurate determinations on:
"A point has been reached where, in the opinion of the legislative body of the local agency on the advice of
its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation
against the local agency"
"Facts and circumstances that might result in litigation against the local agency"
"Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional
occurrence that might result in litigation against the agency"
Some excerpts of:
Government Code section 54956.9
(d)
(2) A point has been reached where, in the opinion of the legislative body of the local
agency on the advice of its legal counsel, based on existing facts and
circumstances, there is a significant exposure to litigation against the local
(e)
agency.
(h) A local agency shall be considered to, be a "party" or to have a "significant exposure to
litigation" if an officer or employee of the local agency is a party or has significant
exposure to litigation concerning prior or prospective activities or alleged activities during
the course and scope of that office or employment, including litigation in which it is an
issue whether an activity is outside the course and scope of the office or employment.
And during Closed Sessions, may non -governmental parties present information to Electeds, with the
goal/intent of fostering a higher level of awareness of issues; their extent; and potential downsides/liabilities,
than may have been previously known to Decisionmakers?
Thank you,
R!
From: Harp, Aaron <aharp@newportbeachca.gov>
Sent: Wednesday, January 28, 2026 1:54 PM
To: Ad lever <adlever@hotmail.com>
Subject: RE: Closed Session Inquiries
Hi Adam,
Thanks for reaching out. I am familiar with these sections; however, I can't provide you with legal advice.
Thanks,
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Aaron Harp
City Attorney
City Attorney's Office
Office: 949-644-3131
100 Civic Center Dr.
Newport Beach, CA 92660
From: Ad lever <adlever@hotmail.com>
Sent: January 28, 2026 2:07 PM
To: Harp, Aaron <aharp@newportbeachca.gov>
Subject: Re: Closed Session Inquiries
Aaron,
Thank you for your prompt reply. I apologize for my inappropriate, layperson's.wording. I see now, that I
was mistaken to ask that you "respond to the following", and was not seeking your legal advice for myself. My
intent, was to encourage you to consider providing such legal advice to Newport's Elected Officers, feeling
confident that they would prefer to be more fully informed on these pending matters. I hope that you will see
some wisdom in offering this choice to them.
Take care,
Adam
From: Harp, Aaron <aharp@newportbeachca.gov>
Sent: Wednesday, January 28, 2026 3:14 PM
To: Ad lever <adlever@hotmail.com>
Subject: RE: Closed Session Inquiries
That is a good clarification. Thank you,
Aaron Harp
City Attorney
City Attorney's Office
Office: 949-644-3131
100 Civic Center Dr.
Newport Beach, CA 92660