Title
Potential Action by Minute Order to Waive or Not Waive Attorney-Client Privilege Applicable to Investigation Report of Vice-Mayor Bowen's Complaint to the Human Resources Department
Staffreport
COUNCIL PRIORITY
* Fiscal Sustainability and Transparency
SUMMARY
Council item to assess and potentially take action by minute order to waive the attorney-client privilege currently applicable to an investigation report commissioned by the City Council of a complaint submitted by Vice-Mayor Bowen to the Human Resources Department.
BACKGROUND
In February 2024, Vice-Mayor Bowen filed a complaint that was accepted by the City Manager and the Human Resources Director and provided to the City Council. An investigation of Vice-Mayor Bowen's complaint was initiated by the Human Resources Director, and an independent investigator was retained, Jane Kow of HR Law Consultants. Ms. Kow did an initial interview of the complainant, received records from the complainant, proceeded to interview witnesses, and submitted a final investigation report to the Council in late October 2025. The report is attorney-client privileged, and was available for City Council review. The action before the Council would waive the attorney-client privilege applicable to the report, subject to parameters set by the Council.
Analysis
The Council may waive the attorney-client privilege, which is provided by California Evidence Code Section 954. The Council is the holder of the privilege and only the Council, through a majority vote of the total number of members of the Council (which is 4), may waive the privilege.
Recommendation
Staff's recommendation is for the Council to be clear, if it desires to waive the privilege, as to whether the waiver of the privilege applicable to the report that is waived is to:
1. The whole report, including exhibits, without redactions;
2. The whole report, including exhibits, with redactions;
3. The whole report, without exhibits, without redactions;
4. ...
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