Ethics Commission votes to release closed-session audio after public records request

The San Francisco Ethics Commission voted unanimously June 27 to waive attorney-client privilege and release the audio recording and transcript of a closed session previously held in June, after a Public Records Act request from a member of the public.

The motion to release the recording was moved and seconded in open session after public commenters urged disclosure and a staff memo was discussed. Proponent Mr. Grossman said the Commission—s prior handling of the matter had been opaque and that releasing the audio would increase public access to the Commission—s deliberations. Deputy City Attorney Andrew Shen told the Commission that whether to release the material is within the Commission—s discretion and that legal considerations had been discussed in staff materials.

In debate, Commissioners and members of the public raised concerns about prior decisions to withhold records and the proper process for asserting privilege. Some speakers warned of precedent-setting effects and asked the Commission to be careful before releasing materials that might be protected. The chair clarified that the vote concerns whether the Commission itself should waive privilege for that specific closed-session recording and that bylaws language about Executive Director discretion are on the agenda for future clarification.

The Commission voted to grant the request and release the recording and transcript. The Commission also directed staff to return at a future meeting with proposed bylaw language clarifying when the Executive Director and the Commission each may assert or waive attorney-client privilege.

The public records release is effective as ordered by the Commission; staff will follow up with procedural steps for making the audio and transcript available to the requester and the public.

The Commission addressed this matter during Item 4 of the June 27 agenda and voted in open session to release the closed-session recording.