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Board approves revised legal-representation rule after auditor stresses need for access to information
Summary
The committee approved revisions to Board Rule 1.18 governing legal representation; the chief auditor urged protections to preserve audit independence. The vote was recorded as 4 ayes, 1 abstention.
The Long-Range Planning Committee adopted revisions to Board Rule 1.18, Legal Representation, following presentation by the Office of Accountability and Efficiency and public comment raising concerns about definitions of privilege and confidentiality.
Matt Chase of the Office of Accountability and Efficiency described the changes as standardizing districtwide practice about when outside or city legal counsel is consulted and clarifying handling of privileged material. Two public commenters, Deb Kuether and Theresa Falleron, criticized the draft, saying undefined use of terms such as “confidential” could be used to withhold public records and could undermine internal investigations. Falleron urged the board to review the words “shall,” “privilege,” and “confidentiality” before adoption.
Paul Geib, Chief Auditor, addressed the committee and said independence is essential to his office’s ability to gather information; he said that if he encountered material that might be privileged or confidential he would pause and seek guidance from the city attorney or outside counsel so that relevant information could still be used in audits. Geib characterized the rule as parameters for his operation rather than a limit on his work.
Director Garcia moved to approve revisions to Board Rule 1.18. The roll call recorded four ayes and one abstention; the motion passed. The committee adopted the rule language advanced by administration and the Office of Accountability and Efficiency.
