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Commissioner Brian Fox alleges city attorney denied his rights; city attorney says review found no denial
Summary
Commissioner Brian Fox used public comment time to allege the City Attorney’s Office denied his codified rights as a commissioner when an item he submitted to a neighborhood advisory committee was removed from the agenda; City Attorney Kelly Schwab told council the office reviewed the matter and found no denial of rights.
Commissioner Brian Fox used the public-comments portion of the Feb. 3 study session to allege that the City Attorney’s Office and other officials prevented him from exercising codified rights as an appointed commissioner. Fox said he submitted an item for discussion at a Neighborhood Advisory Committee meeting on Nov. 13, 2024, seeking review of conduct by Council member Harris and requested a legal investigation; he said the item was removed by the city attorney the next day by email.
“I brought the matter forth in proper procedure and protocol,” Fox said during his three-minute public comment, and he characterized subsequent city attorney responses as a denial of his rights under municipal code and Resolution 5,166. Fox urged an impartial third-party investigation and said he had provided a packet of evidence to the city prosecutor’s office prior to being granted his three minutes.
City Attorney Kelly Schwab responded after Fox’s remarks, telling the council, “Mayor, we’ve reviewed all of the allegations raised, and we do not believe there’s been any denial of rights. And there are requirements of code and open meeting law that have been we have opined on and have been complied with.” No additional investigation directive or formal council action was recorded in the portion of the transcript provided.
Fox referenced specific dates (Nov. 13 and Nov. 14, 2024) and said he received a follow-up indicating the City Attorney’s Office had reviewed and found the decision final; he asked that an impartial third party investigate and make findings public. The city attorney’s office indicated it had reviewed the matter and concluded the city complied with code and open meeting law according to the transcript.
The transcript shows no further formal council deliberation or vote on Fox’s request during the study session. Fox also referenced Resolution 5,166 and said he believes local procedures and his rights as a commissioner were not honored; the city attorney’s response, as recorded, is that staff reviewed and found no denial.
