Blue Ribbon request for commission onboarding materials prompts privilege debate

A request from the Blue Ribbon Panel for the materials provided to newly appointed Police Commission members prompted an extended discussion on attorney-client privilege at the Feb. 17 meeting.

Blue Ribbon counsel told the commission the panel wanted the "primary source" materials the city attorney provides to new commissioners to understand how commissioners are oriented. The city attorney's office responded that the packet in question represents attorney-client communications and legal work product, and that the commission, as the privilege holder, would need to decide whether to waive privilege.

Commissioners debated the risks of waiving privilege, including whether waiver of the binder would preclude the commission from asserting privilege over future, related documents. City Attorney counsel said the waiver would apply to the materials produced now but would not automatically waive privilege for unrelated or subsequently assembled documents; any future disclosure would require a separate commission decision.

Rather than waive the privilege for the full packet, commissioners voted to direct commission staff and the city attorney to prepare a public summary describing the categories of documents provided to newly appointed commissioners. Commissioners said the summary could minimize the need for a full waiver while still providing the Blue Ribbon Panel and the public clarity about onboarding materials.

The commission asked staff to consult the city attorney about redactions or privilege concerns and to return with the summary; the vote to request a summary passed on majority consent. Blue Ribbon counsel said the panel would continue to seek primary-source documents through established public-record channels if the summary was insufficient.