Special Meeting of the Town Council: Closed Session

Name: Special Meeting of the Town Council: Closed Session — Los Gatos, CA
Start: 2025-02-21T14:30:00
End: 2025-02-21T16:30:00
Location: Los Gatos, CA

Special Meeting

Los Gatos, CA · February 21, 2025

Agenda Packet Minutes

Minutes

TOWN OF LOS GATOS COUNCIL CLOSED SESSION MINUTES Minutes of the Town Council Special Meeting – Closed Session Tuesday, February 21, 2025 2:30 P.M. The Town Council of the Town of Los Gatos conducted a special meeting in person to hold a Closed Session. MEETING CALLED TO ORDER AT 2:30 P.M. ROLL CALL Present: Mayor Matthew Hudes, Council Member Mary Badame, and Council Member Rob Rennie. Absent: Vice Mayor Rob Moore and Council Member Maria Ristow. VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA) Ernestina Jara - Commented in support of the Town providing legal support for Vice Mayor Moore and Council Member Ristow in the existing litigation. Kristine Goldberg - Commented in support of the Town providing legal support for Vice Mayor Moore and Council Member Ristow in the existing litigation. Sue Ann Lorig - Commented in support of the Town providing legal and indemnification support for Vice Mayor Moore and Council Member Ristow in the existing litigation. Karen Rubio - Commented in support of the Town providing legal support for Vice Mayor Moore and Council Member Ristow in the existing litigation. Lynley Kerr Hogan - Commented on the existing litigation case, free speech, and censorship. Gabrielle Whelan, Town Attorney, stated that in accordance with Government Code Section 54956.9(d)(1), the Town Council is meeting in closed session to discuss existing litigation filed by Lynley Hogan against Councilmembers Moore and Ristow. The Town is a “party” per the definition set forth in subsection (h) of Government Code Section 54956.9. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 2 SUBJECT: Minutes of the Special Town Council Meeting of February 21, 2025 DATE: February 21, 2025 THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM: 1. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Government Code §54956.9(d)(1)) Lynley Kerr Hogan vs. Rob Moore et al Santa Clara County Superior Court Case Number: 25CV456254 The Town Council reconvened in open session. Gabrielle Whelan, Town Attorney, stated that Mayor Hudes and Councilmembers Badame and Rennie met in closed session to considering defending Councilmembers Moore and Ristow in the second lawsuit filed by Lynley Kerr Hogan on January 10th, and voted unanimously to provide a defense to Councilmembers Moore and Ristow. The Town Attorney further stated that the decision to expend Town resources is a serious matter, as defending a lawsuit can be time-consuming and expensive. In agreeing to provide a legal defense in this matter, the Council expressly reserves the right to not indemnify the Councilmembers if they are found liable and if their liability is based on conduct that did not occur in the course and scope of their Town Council office. Should the court find that the Councilmembers were not acting within the course and scope of their employment, the Councilmembers will not receive further defense of their actions. In addition, in accordance with Government Code Section 825, the Town will not pay any award of punitive or exemplary damages. ADJOURNMENT The meeting adjourned at approximately 3:17 p.m. Attest: Submitted by: ___________________________ ___________________________ /s/ Wendy Wood, Town Clerk Chris Constantin, Town Manager

Agenda

TOWN OF LOS GATOS SPECIAL MEETING OF THE TOWN COUNCIL: CLOSED SESSION AGENDA FEBRUARY 21, 2025 110 E MAIN STREET, LOS GATOS CA 95030 2:30 PM Matthew Hudes, Mayor Rob Moore, Vice Mayor Mary Badame, Council Member Rob Rennie, Council Member Maria Ristow, Council Member IMPORTANT NOTICE This is an in-person meeting and will be held in the Town Manager’s Office at 110 E. Main Street (Town Hall, upstairs). Members of the public may provide public comments for agenda items in- person by following the instructions listed below. HOW TO PARTICIPATE The public is welcome to provide oral comments in real-time during the meeting. The Town Manager's Office doors (upstairs) will open at the start of the meeting and you will be asked to make your comments. NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor’s discretion. (2) If you are unable to participate in real-time, you may email Clerk@losgatosca.gov with the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment). (3) Deadline to submit written comments is 11:00 a.m. on the day of the Council meeting for inclusion in a desk item. CALL MEETING TO ORDER ROLL CALL APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)). VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council only on the Closed Session items. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.) THE TOWN WILL MOVE TO CLOSED SESSION ON THE FOLLOWING ITEMS: 1. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Government Code §54956.9(d)(1)) Lynley Kerr Hogan vs. Rob Moore et al Santa Clara County Superior Court Case Number: 25CV456254 RECONVENE IN OPEN SESSION ADJOURNMENT Page 1 ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834. Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104]. NOTICE REGARDING SUPPLEMENTAL MATERIALS Materials related to an item on this agenda submitted to the Town Council after initial distribution of the agenda packets are available for public inspection in the Clerk’s Office at Town Hall, 110 E. Main Street, Los Gatos and on Town’s website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https://losgatos-ca.municodemeetings.com/. Page 2

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