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Huntington Beach council votes to hold special meeting after debate over closed session on Michael Gates
Summary
Council members debated whether new lawyer-authored letters constituted an "immediate need" under the Brown Act to go into closed session over the possible rehiring and employment contract of Michael Gates. After lengthy legal argument, the council scheduled a special meeting Friday at noon by a 7-0 vote.
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The Huntington Beach City Council voted 7-0 to hold a special meeting to consider a closed-session discussion about the employment status of Michael Gates and potential litigation arising from recent media reports.
City Attorney Chad Lisonbee told the council that, under the Brown Act, matters not posted on the agenda generally cannot be discussed at a regular meeting unless the council makes findings of an "immediate need" and meets the two‑thirds vote threshold. "Based on the facts as I know them, I am not aware of anything that would present a need to take immediate action," Lisonbee said, urging a special meeting instead.
Councilmembers pressing for immediate closed-session discussion said new emails and a letter from Gates's counsel raised a credible threat of litigation. One councilmember read aloud the Government Code section they said authorized emergency action and argued the city should act quickly to avoid potential lawsuits: "We can come to a conclusion tonight to resolve this issue, or we could delay and then find ourselves being served with a lawsuit in the next 24 hours," the councilmember said.
After debate about procedure and legal standards, a substitute motion to schedule a special meeting Friday at noon carried unanimously. The clerk recorded the vote as 7-0.
What happens next: City staff said the special meeting will allow members to consider the employment contract and any litigation risks in closed session if the Brown Act threshold is satisfied in that forum. Lisonbee reiterated that the council could also call a special meeting on its own and that the procedural test hinges on whether immediate action is required.
No formal employment decision was made at the meeting; the special meeting will be the next procedural step.
