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Loveland council recesses to executive session, later waives privilege for investigator report

Loveland City Council · December 3, 2024
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Summary

Council recessed into an executive session to discuss a harassment complaint under AR‑0037 and, after returning, directed staff training, removed a councilor from an advisory board and voted unanimously to waive attorney‑client privilege to release a redacted investigator report from the Nov. 5 session.

The Loveland City Council recessed into an executive session to discuss a harassment complaint under the city administrative regulation AR‑0037 and to receive legal advice from the city attorney, citing CRS 24‑6‑402(4)(b) and City Charter provisions. The council returned and approved a set of motions intended to respond to the matter discussed in private.

After the executive session, Councilor Samson moved that the city attorney and city manager schedule comprehensive council training on anti‑discrimination laws and staff‑council communications; the council approved the motion on roll call. Samson also moved to remove Councilor Black from the Police Citizen Advisory Board; that removal motion passed following a roll‑call vote. Councilors debated whether a communications policy based on Charter section 8.5 should apply only to one member or to the entire body and discussed implementation details and staffing needs for any new gatekeeping function.

Councilor Samson then moved to waive the attorney‑client privilege for the investigator’s report related to the Nov. 5 executive session, directing the City Attorney to redact only material necessary to preserve legal protections or information required to be withheld by law. The motion specified that redactions should protect the city’s legal exposure while permitting public review of the substantive findings. The council approved that motion unanimously, and the City Attorney said the city had engaged Employers Council to investigate an unauthorized leak of materials.

Why it matters: The council used its authority to hold privileged discussion, but later opted for greater public transparency by waiving privilege for the investigator’s report with narrow redactions. The actions included personnel changes (an advisory board removal) and a directive for future training of the governing body.

What happens next: The City Attorney will prepare the redacted investigator report for release and the city manager and attorney will work on implementing the directed training and any communications procedure Council requested. The council’s vote to remove a member from an advisory board will be implemented through the standard nomination process.

Attributions: Quotes and specific procedural attributions in this article come from statements made on the council record by Councilor Samson and City Attorney Vince Jungless during the council meeting.