MPS committee approves revisions to board audits policy after public concern about access to records

The Long-Range Planning Committee voted to approve revisions to Board Governance Policy 2.12, Board Audits, Annual Plan and Coordination, adopting language intended to strengthen the independence of the audit function and to standardize handling of privileged information held by the board.

Matt Chase of the Office of Accountability and Efficiency told the committee the draft language was the product of collaboration among the board’s legal counsel, the Office of Board Governance and administration. He said the changes aim to protect attorney-client privileged information while preserving an independent audit function and to establish clear procedures for handling specific categories of information that arise in audits and investigations.

Two public speakers, Deb Kuether and (identified in the transcript as) Teresa Falleron, urged caution. Kuether said the draft language risks treating “confidential” information as privileged and could be used to shield records from public view; she urged clearer definitions. Falleron raised concerns the change could undermine internal investigators and voiced concern about routing privileged/confidential review through the city attorney, stressing that existing laws and processes should govern disclosure.

Director Gokul Gandhi moved to approve the recommended revisions; the committee recorded a 5-0 roll call (Directors Garcia, Gokul Gandhi, Jackson, Herndon and Chair Zomberg voting aye) and the motion passed. The Office of Accountability and Efficiency will proceed with the revised policy language as adopted.

Committee discussion and public comment focused on the line between attorney-client privilege and other confidential records, and on the need for clearer definitions and procedures if the board expands review responsibilities for privileged or confidential materials.