Arvada council waives privilege for specific city-attorney communications in pending ethics probe

The Arvada City Council on Feb. 10 voted to waive attorney–client privilege for narrowly identified communications between the city attorney and council members tied to a pending ethics investigation.

City Attorney Miss Morris told council she had specific conversations with Council member Sharon Davis she needed to share with an independent investigator and said the waiver request covered only the communications she had identified by date and time. "It's the specific communications that I identified by date and time and nothing else," she said.

Council member Ambrose moved to approve the waiver, saying the independent investigator "needs any evidence and all evidence that's associated to the claim" to conduct a full and transparent probe. Council members Pfeiffer, Mayor Pro Tem Mormon and Council member Leveson also spoke in support, citing transparency and the need for a complete factual record.

Council member Griffith opposed the measure, expressing concern about setting a precedent and arguing the city attorney's role is to advise the council as a body rather than act in the investigation. The motion passed with five yes votes and one no; Council member Davis was recorded as excused from the business portion of the meeting.

The vote record as stated in the public meeting: Mayor Simpson — yes; Mayor Pro Tem Mormon — yes; Council member Ambrose (mover) — yes; Council member Pfeiffer — yes; Council member Leveson — yes; Council member Griffith — no; Council member Davis — excused/absent. The council did not record a formal seconder on the record.

Miss Morris and staff said the city has retained an outside investigator and outside counsel to advise council, which staff say will limit the city attorney's participation to only the factual communications she is uniquely positioned to provide. Miss Morris stated she would only disclose the specified communications if the council, acting as the city, waived privilege for those entries.

The council adjourned the short business meeting after the vote and proceeded to two scheduled workshops: the Climate and Sustainability Action Plan and a police presentation on automatic license-plate readers.

The council did not take further public action on the underlying ethics matter during the meeting; the vote covered only the limited waiver Morrissought to permit communications with the outside investigator.