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