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Housing Authority approves common-interest confidentiality agreement with City Attorney amid federal executive orders

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Summary

The Housing Authority approved a resolution authorizing its CEO to enter into a common-interest confidentiality agreement with the City and County of San Francisco city attorney's office so the housing authority and its board can share privileged communications about executive-level policy changes; commissioners voted unanimously.

The Housing Authority of the City and County of San Francisco on April 30 approved a resolution authorizing the chief executive officer to enter into a common-interest confidentiality agreement with the City and County of San Francisco so the authority and its board can share attorney-client privileged communications with the city attorney's office. The commission approved the resolution on a 4-0 roll-call vote.

Linda Mason, the housing authority's general counsel and chief people officer, said the authority sought the agreement because the housing authority has limited in-house legal staff and wants to participate in privileged communications with the city attorney's office as executive-level policy changes are issued. "As of right now, I am the only attorney here at the housing authority," Mason said, and the agreement would let the authority "share the responsibilities and share the outcome of those research projects and, what's coming."

Mason cited a federal executive order titled "Protecting American Communities from Criminal Aliens," which she said notifies sanctuary cities that funding could be cut and that federal avenues could be pursued if they do not comply. She read the title of the order aloud during the meeting.

Commissioner Lewana Kim asked whether the agreement was needed because the housing authority is a separate entity from the City and County of San Francisco and therefore the city attorney is not the authority's attorney of record. Mason confirmed that the agreement establishes the needed relationship so the city attorney's office can share privileged advice with the housing authority and its board. No public comments opposed the measure; one commenter thanked Mason and the city attorney's office for working on the agreement.

A motion to approve was made and seconded; Commissioners Mary Anne Pikes, Lewana Kim, Leroy Lindo and President Joaquin Torres voted in favor.

Votes at a glance Resolution approving and authorizing the CEO to enter into a common-interest confidentiality agreement with the City and County of San Francisco โ€” approved 4-0 (Pikes: Aye; Kim: Yes; Lindo: Aye; Torres: Aye).

Mason said the housing authority hopes to continue negotiations and execute the agreement after the meeting; the transcript does not specify an execution date or further conditions.