Charter Review Committee members spent a sustained portion of the Feb. 6 meeting discussing how the charter should treat city‑attorney opinions, attorney‑client privilege and the public availability of written legal advice.

Key points
- Distinction between memo/advice and formal opinion: Committee members and counsel discussed the difference between privileged attorney‑client memorandums prepared for litigation or strategy purposes and formal opinions intended to advise the public or guide citywide policy. Members agreed the charter language should not conflate the two.
- Privilege and waiver: The committee heard that written legal advice provided to the city manager or to the Council at the request of the Council may be protected by attorney‑client privilege; committee members discussed whether the charter should make explicit that privilege remains unless Council waives it.
- Handling of formal opinions in packets: Members noted that many formal written opinions that are intended to inform Council decisions also appear in Council packets and thereby become part of the public record; the committee asked staff and counsel to draft language that distinguishes opinions that remain privileged from opinions placed in the public packet.
- Record retention and the clerk’s role: The group discussed whether a copy of formal opinions that are not privileged should be filed with the city clerk as part of the permanent record and whether charter language should require the clerk to maintain copies of non‑privileged opinions.

Next steps and staff direction
The committee asked the city attorney and staff to propose clearer language that: (1) defines ‘‘written advice’’ versus ‘‘formal opinion’’ for charter purposes; (2) states that attorney‑client privileged communications are protected unless Council explicitly waives privilege; and (3) directs that non‑privileged formal opinions included in Council packets be filed in the clerk’s office and retained as public records. Staff and counsel were asked to supply draft language for the committee’s next meeting.

Ending
Members agreed the policy should balance transparency against the legal protections necessary for privileged advice; staff and counsel will return with recommended charter text that distinguishes categories and sets retention/waiver rules.