The Santa Barbara City Council adjourned into closed session on Jan. 13 to consider initiating litigation, the council announced at a brief special meeting.
The item was read aloud by the clerk as "Item 1, conference with city attorney anticipated litigation, government code subsection 54956.9(d)(4), initiation of litigation on 1 matter." Mayor Rose confirmed there would be no public comment and said the council would "adjourn to closed session and come back out with a report at the end."
The closed-session cite, Government Code section 54956.9(d)(4), authorizes local legislative bodies to confer with legal counsel where initiation of litigation is being considered. Because state law permits these consultations to occur in private, the council did not discuss details of the potential case on the public record during the session.
During roll call the clerk named Council members Harmon, Santa Maria, Sneddon, Mayor Pro Tem Friedman, Gutierrez and Jordan; affirmative "Here" responses were recorded for Harmon, Santa Maria, Sneddon, Mayor Pro Tem Friedman, Jordan and Mayor Rose. No response for Council member Gutierrez was recorded in the transcript.
The meeting record shows no public comments were requested for the item. The council indicated it anticipated a report out following the closed session but did not provide further details about the subject or timing of any report.
The council left the public session to hold the closed meeting with the city attorney; any formal action relating to initiation of litigation, including whether a lawsuit is filed, would be reported after the closed session or in a subsequent public record if and when permitted.