Building Inspection Commission votes to enter closed session on litigation; one member votes no

During the Jan. 19 meeting of the Building Inspection Commission, the commission moved to consider agenda item 11 (discussion and possible action regarding ongoing litigation) earlier in the meeting and then voted to hold a closed session to consult with legal counsel.

After a brief debate about whether to change the posted agenda while the public was present, the chair called for a motion and the commission voted on item 11b. When the chair called the roll on the motion to go into closed session, several members responded "Aye." Supervisor Scott Wiener registered the lone opposing vote by saying "No." The chair stated "The item carries" and the commission entered closed session.

What the record shows: The motion and vote were recorded on the meeting transcript; no details of the litigation were discussed in public. The agenda item is listed as "ongoing litigation," and item 11a had provided an opportunity for public comment (none was offered) before the vote. The meeting minutes will reflect the consultation with legal counsel and any subsequent public action, if and when the commission returns to open session.

Why it matters: Local governing bodies commonly use closed session to discuss litigation strategy with counsel; the vote and the recorded opposing vote show that at least one member sought to keep the matter in open view or otherwise objected to the closed session.

Next steps: The commission entered closed session immediately after the vote; no public details about the litigation were disclosed at the Jan. 19 meeting.