Parlier council debates handling of special-counsel appointment; attorney says matter belongs in closed session

Mayor Elma Bedron convened the Jan. 4 Parlier City Council meeting, where debate over a proposed special-counsel appointment eclipsed much of the early agenda. Council member Marcy asked to move closed-session item 6 into regular session and to direct the City Manager to execute counsel’s directions; a motion to do so was seconded but then met with legal and procedural objections.

City counsel explained that personnel-appointment discussions that involve evaluation of qualifications are generally required to occur in closed session under the Brown Act to protect privacy and due process. The attorney told the council such discussions may involve comments about a person’s character and qualifications that cannot be aired in open session without risking a legal violation.

The exchange grew contentious after several council members alleged that a prospective attorney — named in discussion as Roy Santos — had been privately contacted and that a council member had met with him outside the formal process. One council member said she had emails and asserted the candidate was already working informally with city representatives; the member denied the charge and said she had merely provided a contract copy to city staff for review. The mayor and others pressed for clarity about whether an RFP or formal authorization had been used in hiring prior outside counsel.

Staff said records tied to earlier procurements and contract documents had been kept in the city manager’s office and that a contract related to a candidate had been delivered to staff in mid-December. Counsel reiterated that the city holds the attorney-client privilege and that certain communications are confidential; he said the closed-session item as agendized (appointment of special counsel) was the appropriate legal vehicle to consider retention.

Council members asked staff to clarify procurement steps and document history and to follow the council’s procedural rules for agendizing employment or retention decisions. After the closed-session recess the city attorney reported there was no reportable action but said he would issue a confidential memorandum memorializing the council’s confidential action.

The council did not vote on any open-session motion to appoint special counsel. Next steps identified on the record included staff review of procurement records, counsel’s confidential memo to the council and bringing procedural clarifications back to a future meeting.