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County counsel advises confidentiality for personnel report; board declines public statement
Summary
Klamath County legal counsel told commissioners that a report referenced in a department head termination was provided in executive session and is subject to attorney–client privilege; counsel recommended limited public comment and advised against broad disclosure. The board did not vote to release the document.
During the Feb. 12 legal and human resources meeting, Klamath County's legal counsel advised the board that a report or summary referenced in the termination of a department head had been provided to the board in executive session as a confidential legal memorandum.
"I would argue that that document is subject to the attorney client privilege of confidentiality," counsel said, and recommended that the board minimize public statements to avoid "assertions or innuendo of actions or things that may not have happened appearing to have happened." Counsel also suggested responding negatively to specific public questions when appropriate.
Chair Commissioner Minty framed the issue as a balance between transparency, fiscal responsibility and legal considerations. Commissioners noted they had already discussed the matter in executive session and that counsel should consult internal staff as needed. No formal vote to release the report occurred; the counsel's legal advice stood as the guiding position at the meeting.
Next steps: Counsel will consult with relevant internal team members; the board did not direct a public release at this meeting.
