Bay City commission approves release of city-attorney opinions on 2025 "welcoming city" matter, with amendment

Bay City, Mich. ' The Bay City City Commission voted 8-1 on Feb. 9 to authorize release of public, redacted versions of written legal opinions prepared by the city attorney related to the 2025 "welcoming city" resolution and to include "any future welcoming city resolutions in 2026." The approval followed a motion to amend the mayor's resolution to clarify scope and remove the phrase "upon formal approval."

The mayor's resolution, read into the record at the start of the meeting, said the attorney should "prepare a version suitable for public release, including any legally required redactions prior to disclosure" and that materials should be posted on the city website "before the February 16 city commission meeting." The measure emphasizes that nothing in the resolution requires disclosure that is prohibited by law or waives attorney-client privilege except by formal action of the commission.

Commissioner Coop (Cubitt) who proposed the amendment said commissioners and the public should have the legal analysis available in advance of votes on related items. "I would very much like that information," she said, noting that some commissioners had not previously received the opinion. City Manager said staff would attempt to get the opinion to all commissioners but cautioned the city attorney might need time to prepare a redacted public version.

Opponents voiced concern about releasing attorney work-product and the potential legal implications; Commissioner Zanotti said he intended to vote no. After the amendment passed 8-1, the commission approved the resolution as amended by the same margin. The resolution directs the city attorney to review materials, prepare a public version with legally required redactions, and the city clerk to ensure posting on the city website.

The action does not itself waive privilege where prohibited by law; the resolution explicitly states that disclosure will comply with applicable legal protections and any release requires authorization by the commission.