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HomeMy WebLinkAboutStaff Report 2608-6643CITY OF PALO ALTO CITY COUNCIL Special Meeting Wednesday, September 09, 2026 Council Chambers & Hybrid 5:00 PM     Agenda Item     14.Colleagues’ Memo: Council Discussion and Public Release of the Investigation Report Regarding Forest Peterson CITY COUNCIL Colleague’s Memo Sponsor(s): Councilmembers Reckdahl and Burt Meeting Date: September 9, 2026 TITLE Colleagues’ Memo: Council Discussion and Public Release of the Investigation Report Regarding Forest Peterson SUMMARY The purpose of this memo is to request that the Council discuss and vote on publicly releasing the independent investigation report into the serious misconduct allegations concerning Forest Peterson which were made in the written complaint by a local business owner. Maintaining public community trust requires transparency, and public accountability. Releasing this report, along with necessary redactions to protect third-party privacy, is necessary to upholding the standards of openness our residents expect from Palo Alto leadership. BACKGROUND AND CONTEXT Over the past several months, serious allegations of misconduct involving Planning and Transportation Commissioner Forest Peterson were brought forward, prompting the City to initiate an independent third-party investigation at a public expense of $15,334. The details and conclusion of the final investigation report remain restricted. However, the original complaint has been reported in the local press, along with Petersen’s unverified characterization of the events. The scope of the investigation was limited to factual questions of whether the misconduct occurred. It was indicated that it would be up to the Council to determine whether any violations of city policy (based on the Boards, Commissions, and Committees Handbook) or the law occurred. However, the Council has not had an opportunity to consider those actions. Under the Brown Act, the Palo Alto City Council procedures, and the California State Bar Rules of Professional Conduct, decisions regarding the waiver of attorney-client privilege and the disclosure of confidential investigation records are at the discretion of the Council. Rationale for Public Disclosure Guiding Principles: The Brown Act is not merely a set of rules, it’s based on guiding principles: “The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.” Gov’t Code § 54950. https://firstamendmentcoalition.org/facs-brown- act-primer/ 1.Public Interest & Transparency: When allegations of significant misconduct arise among our public representatives, the public’s interest in understanding what occurred, and how the City responded, outweighs generalized privacy concerns. 2.Accountability & Trust: Withholding investigation results fuels public speculation and erodes trust in municipal oversight. Proactively sharing findings demonstrates that the City operates with integrity and is committed to learning from internal lapses. 3.Precedent for Responsible Redaction: Releasing the report does not mean compromising personal identifying information of uninvolved lower-level staff, victims, or whistleblowers. The City Attorney can prepare appropriate, narrowly tailored redactions to respect privacy laws while preserving the core facts and findings.. PROPOSED COUNCIL ACTION We ask the Council to authorize the waiver of attorney-client privilege with respect to the final investigative report on the complaint against Commissioner Forest Peterson. The privilege waiver would be limited to the final report itself, with no intent to waive privilege over the subject matter of the investigation. The proposed Council action would include direction to the City Attorney to redact the report to preserve witness privacy to the extent practicable. RESOURCE IMPLICATIONS Subject to the specific direction provided by Council, staff anticipates resource implications to consist of the time necessary to support the Council discussion, redaction of the investigative report, and public release. RECOMMENDED MOTION "Move to waive attorney-client privilege with respect to final investigative report regarding the complaint against Forest Peterson and direct the City Attorney to release a version of the report with redactions to protect the privacy of witnesses to the extent practicable, with the clarifications that the waiver of privilege is limited to the final report and that Council does not intended to waive privilege over the subject matter of the investigation." ATTACHMENTS None. Report #: 2608-6643