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National City council holds closed session on threatened litigation, reports no reportable action
Summary
The City of National City City Council recessed into closed session under Government Code section 54956.9(d)(2) for "significant exposure to litigation" (one case). Public commenters criticized the agenda notice as vague; the council later reported no reportable action.
The City of National City City Council recessed into closed session on an item described as "significant exposure to litigation" under Government Code section 54956.9(d)(2) and later reported there was "no reportable action."
The closed-session notice and the council's handling of the item drew criticism during public comment from residents who said the agenda lacked enough detail about the threatened litigation. Alexander Gutridge, a public commenter, said, "The threat of the litigation made by the National City employee, Josie Flores Clark, is being used to distract from the real underlying issue." Maria Zeverson, another commenter, criticized the city attorney's office over a records response, saying "the response from the city attorney's office was, basically pound sand."
City staff announced the closed session with reference to state law. The city attorney stated, "The council will now recess into closed session under Government Code section 54956.9(d)(2), significant exposure to litigation, 1 case." The meeting later returned to open session and the city attorney reported "there's no reportable action."
At the start of the special meeting the mayor conducted roll call and noted Councilmember Yamani was absent for the meeting; the mayor later noted one council member, Vice Mayor Marcus Bush, was not available during the closed session. The city posted that the meeting was available via live webcast and described options for submitting public comment in advance of the session.
During public comment speakers also raised concerns about prior agenda practices. Zeverson said she filed a public records request (request number 205657) seeking records of claims attached to past closed-session agenda items that were noticed as "anticipated litigation," and said she was frustrated by the city's response to that request. Commenters pressed the council for more detailed disclosures when an item is listed as threatened or anticipated litigation.
The council adjourned after the return to open session.
