Milpitas council holds closed session on city attorney appointment, reconvenes with no report

The Milpitas City Council adjourned into closed session on January 12 to consider a public employee appointment and hiring for the city attorney position under Government Code section 54957(b)(1). Acting City Attorney Creech briefed the public on the item before the council left the open session.

Why it matters: Personnel decisions about the city attorney are typically handled in closed session under state law; the council cited Government Code section 54957(b)(1) when describing the subject matter. The meeting record shows no public speaker cards were submitted for the closed-session item.

Acting City Attorney Creech told the council, "You have 1 item on closed session is public employee appointment and hiring pursuant to Government Code section 54957(b)(1). The employee position is city attorney." The council then adjourned to closed session. When the meeting reconvened, Mayor Montana said the time was 5:33 (the recording does not specify AM or PM). Creech reported, "There's nothing to report out at this time." The public record in the meeting transcript contains no formal motion or vote recorded for the closed-session discussion and no reportable action was announced on return to open session.

Procedural note: The council followed the procedure of announcing the closed-session topic in open session and allowing for public comment on closed-session items; the clerk reported no public speaker cards. The transcript does not record a mover or seconder for the adjournment to closed session.