Kleitman

I. Introduction

This original proceeding raises an issue of first impression under the Ralph M. Brown Act, Government Code section 54950 et seq. (hereafter, Brown Act or Act), concerning the right to discovery of the personal recollections of city council members as to proceedings which took place during an unrecorded closed session of the city council. Petitioners are Joseph Kleitman and other members of the City . Council of the City of Mountain View, who seek a writ of mandate directing respondent court to vacate its order compelling them to answer five special interrogatories regarding their personal recollections of an unrecorded closed session held by the city council with respect to the negotiation of a lease of city property. Petitioners contend that the trial court erred because the order requires them to disclose the confidential proceedings of a closed session.

Real party in interest Gary B. Wesley is a resident of Mountain View who brought the underlying action against the city council members, alleging that the closed session violated the Brown Act because the members discussed city property not properly identified by the closed session agenda item…