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Vallejo, CA - The City is aware of discussions among some individuals about the adoption by the City Council of a new Memorandum of Understanding with the Vallejo Police Officers Association at the special City Council meeting held on November 16, 2023. Specifically, some have commented that the City failed to comply with Vallejo Municipal Code section 2.08.080 which is entitled “Disclosure of Closed Session Discussions and Actions.”
Section 2.08.080 addresses both settlement agreements and collective bargaining agreements considered in closed session. The language in the section states that both of these types of agreements must be made “publicly available” after they are in final form. Even assuming this section applies to collective bargaining agreements approved in open session like the VPOA MOU, section 2.08.080 requires only that the agreement be made “publicly available” at least 72 hours before the meeting of the City Council at which the agreement is to be considered for approval. A clear reading of the language of the ordinance does not require that settlement agreements or collective bargaining agreements be posted or that the City provide any specific notice of their availability. Like any other non-exempt, public document that is in final form, such documents are available for the public to review at the public’s request. The final VPOA MOU was “publicly available” more than 72-hours before it was considered for approval. Therefore, under any interpretation of section 2.08.080, the City Council’s approval of the MOU did not violate that section.
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