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Carlsbad council moves to meet in closed sessions on two lawsuits and possible new litigation
Summary
At a council meeting, the City of Carlsbad announced three closed sessions to consult with legal counsel on two existing lawsuits—Davenport v. City of Carlsbad and Volandy v. City of Carlsbad—and to consider initiating one new case, citing Government Code section 54956.9.
The Carlsbad City Council announced three closed sessions at its meeting to consult with legal counsel on two ongoing lawsuits and to consider initiating litigation in one additional case, a staff member said.
All five council members were present when the item was announced: Council Member Shinn, Council Member Burkholder, Council Member Acosta, Mayor Pro Tem Battelle and Mayor Blackburn.
A staff member summarized the closed-session items: “The first closed session is to meet with legal counsel to discuss existing litigation. The existing litigation is Davenport versus City of Carlsbad. That closed session is authorized by government code section 54956.9 subdivision D1,” the staff member said. The staff member also said the council would discuss Volandy v. City of Carlsbad under the same statutory authority and would consider initiation of litigation in one case under Government Code section 54956.9 subdivision D4.
The transcript records the council asking to be taken into closed session but does not record a public vote or any decisions reached in the closed sessions. Because closed-session hearings are confidential, no further details were given on the substance of the litigation or potential new case in the public record.
The council cited Government Code section 54956.9 as the statutory basis for the closed sessions. Subdivision (d)(1) generally permits a legislative body to meet with legal counsel to discuss existing litigation, and subdivision (d)(4) allows discussion of initiating litigation, though the public record here contains only the staff member’s summary and the council’s direction to go into closed session.
No public action or formal outcome on the cases was recorded in the provided transcript segment. The council proceeded to closed session; any subsequent disclosures will depend on what is permitted by state law following the confidential meetings.
