HomeMy WebLinkAbout11 - Waiver of the Atty-Client Privilege Hougan v CNBQ�jWPpaT
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Agenda Item No. 11
January 28, 2014
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Aaron C. Harp, City Attorney
PREPARED BY: Jason Guyser, Assistant City Attorney
APPROVED:
TITLE: Waiver of the Attorney - Client Privilege for Investigative Report in
the matter of Christine Hougan v. City of Newport Beach
ABSTRACT:
In 2012, the City of Newport Beach ( "City ") terminated Police Dispatcher Christine
Hougan's employment with the City. While contesting her termination, Ms. Hougan
made allegations of sexual harassment, retaliation and discrimination against Police
Chief Jay Johnson. In response to these allegations, the City Attorney's Office retained
an independent outside investigator to look into Ms. Hougan's allegations. At the
conclusion of the investigation, the investigator prepared a detailed report summarizing
her findings. Because the investigative report was prepared at the direction of the City
Attorney's Office, the report is confidential and subject to the Attorney - Client Privilege.
As the holder of the privilege, the City Attorney is seeking authorization from the City
Council to waive the Attorney - Client Privilege so the investigative report may be
produced in the litigation.
RECOMMENDATION:
We recommend the City Council waive the Attomey— Client Privilege, subject to a
protective order in the Christine Hougan v. Newport Beach litigation, which would allow
the investigative report to be produced in said litigation.
FUNDING REQUIREMENTS:
There is no funding required for this item.
10317189-1 NPM004
Waiver of the Attorney - Client Privilege for Investigative Report in the matter of Christine
Hougan v. City of Newport Beach
January 28, 2014
Page 2
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Christine Hougan has filed a civil lawsuit against the City and Police Chief Jay Johnson
challenging the City's termination of her employment. During the City's administrative
appeals process, Ms. Hougan submitted a letter to the City Manager that, while
contesting her termination, made allegations of sexual harassment, retaliation, and
discrimination against Police Chief Johnson. The City Manager referred the matter to
the City Attorney's Office. In turn, the City Attorney's Office retained an outside
independent investigator to investigate Ms. Hougan's' allegations. The outside
investigator completed a neutral fact - finding investigation and prepared a
comprehensive report detailing her investigation.
Through the litigation discovery process, Ms. Hougan requested a copy of the
investigator's report. To date, however, we have objected to producing this report on
grounds that the investigative report is confidential and protected from disclosure
pursuant to the Attorney - Client Privilege.
We recommend, provided the City Attorney obtains a protective order limiting the use of
the investigative report to this litigation, the City Council waive the Attorney - Client
Privilege and allow the investigative report to be produced. The City Attorney's Office
has contacted Police Chief Johnson who concurs with this recommendation.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the waiver of the Attorney - Client Privilege for
the investigative report is exempt from the California Environmental Quality Act
("CEQX) pursuant to Section 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have
a significant effect on the environment.
NOTICING:
This agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Sub fitted b
C�, �.
Aaron C. Harp,
City Attorney
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