Memo Regarding Document Release - 05.12.2023
OFFICE OF THE CITY ATTORNEY
10300 TORRE AVENUE • CUPERTINO, CA 95014
TELEPHONE: (408) 777-3403 • FAX: (408) 777-3401
TO: Kirsten Squarcia, City Clerk
FROM: Christopher D. Jensen, City Attorney
DATE: May 12, 2023
SUBJECT: Limited Release of Protected Records
On May 9, 2023, the City Council considered the fact finding investigation report
prepared by Linda Daube, Esq. and directed the City Attorney’s Office to release certain
records reviewed in connection with preparation of the report, notwithstanding
applicable legal protections against their disclosure. The City Council took action to
waive all privileges except for the attorney-client privilege and the attorney work product
doctrine with respect to communications between City Manager Wu and current or
former Councilmembers “constituting any part of the subject-matter of the fact finding
report or otherwise relevant thereto.” Council further directed that “such documents be
disclosed and posted in a publicly accessible location on the City’s website.”
The City Attorney’s Office has reviewed documents considered in connection with the
investigation report and has determined that 185 of the more than 1,500 documents
considered as part of the investigation should be publicly released (in whole or in part)
based on Council’s limited-scope waiver of confidentiality protections. The remaining
investigative materials are protected by the attorney-client privilege, the attorney work
product doctrine, and/or the deliberative and/or draft exemptions from public disclosure.
In addition, investigative materials will be withheld from release under Government
Code section 7922.000 because confidentiality is required to ensure frank communication
between the investigator and witnesses and to protect witnesses who expressed a credible
fear of retaliation from Councilmembers under investigation and their supporters. Based
on these considerations, the public interest served by withholding these records clearly
outweighs the public interest served by their disclosure.