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Loveland council waives privilege, orders redacted release of harassment investigation report after executive session
Summary
After an executive session on a harassment complaint, Loveland City Council voted to waive attorney-client privilege for the investigator's report with narrow redactions, directed council training and removed a councilor from an advisory board, and authorized staff to develop communication procedures under Charter section 8.5.
Mayor Marsh convened the Loveland City Council and recessed briefly into executive session to consider a harassment complaint investigated under city administrative regulation AR-0037, citing attorney-client privilege and Colorado statute as the basis for confidentiality.
City Attorney Vince Jungless advised the council to consider a motion that would allow legal advice to be provided in executive session and the council recessed. After the public reconvened, Councilor Samson said the council "has the highest regard for Title VII" and moved several follow-up actions, including directing the city attorney and city manager to schedule comprehensive council training; the motion passed by roll call.
Councilor Samson also moved to remove Councilor Black from the Police Citizen Advisory Board and for a replacement to be chosen through the regular nomination process; that motion passed. The council debated whether Charter section 8.5'which limits council members from directing staff and interfering with subordinate employees'should be applied councilwide or targeted to one member. Council members argued over amendments and implementation mechanics, with concerns about operational burdens on the city manager's office and the role of board liaisons. The council did not adopt the narrower proposal that singled out one member.
On a separate motion, Councilor Samson moved to waive attorney-client privilege so the investigator's report on the November 5 executive session could be released in redacted form. Jungless recommended narrow redactions "to preserve the city's defenses" in case of litigation; he told the council the city had engaged Employers Council to investigate the leak. After debate about whether the parties to the complaint should speak in public, the council voted unanimously to waive privilege and authorize a redacted public release of the investigator's report.
The council distinguished between discussion, direction and formal action throughout the evening. Several council members stressed that any new communications protocols or training must apply evenly to all members; others emphasized the need to protect employees and preserve investigatory confidentiality where the law requires it. Mayor Marsh said the council would follow up with staff to implement the directives.
What happens next: the city attorney and city manager were directed to bring back an implementation plan for training and communications procedures; staff will prepare a redacted investigator's report for public release consistent with the council's vote.
