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Carlsbad City Council moves into closed session to discuss initiation of one litigation case
Summary
At a council meeting where no public speakers were present, the City Council entered closed session to meet with legal counsel about initiating litigation in one case, citing Government Code section 54956.9(d)(4).
The Carlsbad City Council went into closed session to meet with legal counsel to discuss the initiation of litigation in one case, the city attorney said during the meeting. "Thank you, mayor. This afternoon, we'll go into closed session to meet with legal counsel to discuss initiation of litigation of 1 case. That closed session is authorized by Government Code section 54,956.9, subdivision D4," the city attorney said.
The statement was made after roll call showed all five council members present and after the mayor asked whether there were any public speakers; none were listed. The council’s move to closed session was framed by the city attorney as authorized under the Government Code provision allowing private discussion of litigation matters. The statute cited in the transcript appears to be misstated; the authorization for closed-session discussion of litigation in California is codified at Government Code section 54956.9(d)(4).
No public vote or formal action on the litigation was recorded in the public portion of the meeting. The transcript records the city attorney asking to take the council into closed session and then stating the closed-session subject and statutory authority; further deliberations, if any, occurred in closed session and were not part of the public record.
The meeting otherwise contained only roll call and the closed-session announcement; there were no public comments or other substantive agenda items discussed on the public record.
