Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Sunshine Disclosure Vote topic
No spam. Unsubscribe anytime.
Police commission votes not to waive attorney‑client privilege on closed‑session recordings request
Summary
The commission voted 4–1 not to waive attorney‑client privilege for a Sunshine Ordinance disclosure request covering closed sessions from January–May 2015 after public testimony urging transparency and commissioners citing legal constraints and the Copley precedent.
Michael Petrellas presented a Sunshine Ordinance complaint seeking release of audio and video recordings from Police Commission closed sessions between Jan. 1 and May 31, 2015, citing section 67.81 and arguing that records older than two years that are not tied to pending litigation should be released.
Commission discussion focused on whether the commission itself should waive the attorney‑client privilege that the city attorney’s office and several commissioners said protects closed‑session communications. A commissioner summarized the likely legal constraints and the potential implications for privileged disciplinary and litigation matters in arguing against waiver.
Commissioner Sonia Melara made the motion "that we do not waive our attorney privilege," which was seconded by Vice President Mizuko. After brief public comment urging disclosure, the commission voted with four votes in favor of preserving the privilege and one dissent: Mizuko—Aye; Marshall—Aye; De Jesus—Aye; Malera—Aye; Heng—No. The motion not to waive attorney‑client privilege passed 4–1.
Commissioners cited the Copley Press decision and state law limiting disclosure of personnel and privileged records; petitioners said they would pursue the issue with the Sunshine Ordinance Task Force. The meeting record shows the commission declined to release the requested closed‑session recordings at this meeting.
