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Building Inspection Commission unanimously votes to hold closed session on litigation and not to disclose discussion

Building Inspection Commission · November 28, 2016
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Summary

The Building Inspection Commission voted unanimously to enter a closed session to discuss pending and potential litigation under San Francisco Administrative Code section 67.1, then reconvened and voted unanimously not to disclose the closed-session discussion before adjourning.

At a public meeting, the Building Inspection Commission voted unanimously to enter a closed session to discuss existing and potential litigation under the San Francisco Administrative Code, section 67.1, then reconvened and voted not to disclose what had been discussed.

The City Attorney told the commission that because the meeting would cover both “existing litigation” and “pending or possible litigation,” the body was required to hold a formal vote authorizing a closed session to discuss potential litigation in addition to existing matters. The commission then moved, seconded and held a roll-call vote on entering closed session; the motion carried unanimously. The minutes record the time the commission entered closed session as 9:20 a.m.

After the closed session, the commission returned to open session for item 2d and an unidentified speaker moved that the commission “reconvene in open session and not disclose what was discussed in closed session.” The motion was seconded, the facilitator conducted a roll-call vote and the motion passed unanimously.

Roll-call votes recorded the following members as present and voting "yes": President McCarthy; Vice President Walker; Commissioner Clinch; Commissioner Lee; and Commissioner Warshall. Commissioners Gilman and Constant were listed as excused earlier in the meeting.

No public details of the closed-session deliberations were disclosed in the public record. The meeting then moved to adjournment; an unidentified speaker moved to adjourn, and the meeting was declared adjourned at 10:58 a.m. A participant thanked Sonia for handling meeting logistics.

What this means: Under San Francisco Administrative Code section 67.1, public bodies may meet in closed session for certain litigation matters. The commission’s unanimous votes authorized both the closed session and the decision not to disclose the content of that session. The public transcript does not include any substantive discussion or outcomes from the closed session itself.

Next steps: The public record shown in the transcript contains no further actions or scheduled follow-up from the closed session.