Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Ethics Transparency topic
No spam. Unsubscribe anytime.
Stockton council waives privilege for July emails to comply with DA request in 4–3 vote
Summary
After public debate about scope and consequences, Stockton council voted 4–3 to waive attorney‑client privilege for certain city‑attorney emails so the city can resubmit materials to the district attorney. The city attorney warned waiver makes documents publicly discoverable.
The Stockton City Council narrowly voted on Sept. 23 to waive attorney‑client privilege for a set of city‑attorney emails identified in connection with a Brown Act inquiry and a district attorney request.
City Attorney (speaker) summarized the legal consequences: “Waiving privilege does not create binding legal precedent,” but explained that once privilege is waived the documents become discoverable and could be produced in response to public-records requests or litigation. He also told the council he knew of no active city investigation that would be affected by the waiver.
Vice Mayor Lee argued the council had an obligation to make the submission the district attorney requested so the DA could evaluate allegations the council had previously referred; Lee said the DA returned the earlier packet and asked the city to resubmit evidence, signed under penalty of perjury. “They asked us to submit additional information and sign under penalty of perjury in order to resubmit,” Lee said in his remarks.
Supporters of the waiver said it would allow the council to comply with the DA’s request and enable a full investigation, while opponents warned it could unnecessarily expose privileged internal communications. After debate the council approved the waiver on a 4–3 vote; minutes record Fugazi, Ponce and Villapudua in opposition.
City Attorney counsel told the council that the waiver, once made, is broad: “Once privilege is waived, it’s waived for all,” and could create expectations for future disclosures even if it does not bind future councils by legal precedent.
Council members said they hope the decision will allow the DA to review the material fully and move toward resolution; some members also emphasized the risks of public disclosure when privilege is surrendered.
Next steps: the material will be released under the waiver and may be provided to the district attorney and thereby become available to other requesters or parties as required by law.
