As reported in May by LBREPORT.com, City Attorney Shannon announced his retirement effective July 2, and as also noted by LBREPORT.com at that time, the Long Beach City Charter provides in pertinent part that in the event of a vacancy in the office of City Attorney for any reason, "the City Council shall designate an Assistant City Attorney or Deputy City Attorney, who shall become the Acting City Attorney and shall serve in that position until the City Council appoints a successor for the unexpired balance of the term..."

As LBERPORT.com further noted at the time, this would presumably enable the person chosen by the City Council to run as an incumbent City Attorney in the 2014 election cycle when voters will select a City Attorney for the period July 15, 2014 to July 15, 2018.

The closed session wasn't held as scheduled at 4:30 p.m.; it was delayed and at the opening of the Council's 5:00 p.m. open session, Councilwoman Schipske publicly asked City Attorney Shannon if it was legally allowable to hold the Council discussion on the item in public. City Attorney Shannon replied that it was...and referenced a June 11 memo he'd sent the Council [we're requesting a copy] in which the City Attorney said it was Council's choice whether to meet in closed session or in open session on the matter.

Councilwoman Schipske immediately moved to hold the discussion in public. "I think the public has the right to know what we're deliberating about," Councilwoman Schipske said. "Since we're not interviewing a candidate for City Attorney, I think the discussion should be public."

Vice Mayor Garcia asked City Attorney Shannon if the motion was appropriate. City Attorney Shannon said it was.

City Attorney Shannon also indicated during Council colloquy that the closed session was noticed for 4:30 p.m. and explained why. "I believe it was being delayed in the expectation that the Mayor would participate when he arrives, but it's still the will of the Council. If the majority of you wish to handle it now, or sometime shortly, that is your prerogative." In support of her motion, Councilwoman Schipske stated:

In talking with the City Attorney, the nature of the item that was placed on closed session under the personnel exception under the Brown Act usually takes place when in fact the Council is interviewing individuals for positions such as City Manager or I guess as interim City Attorney, and it doesn't make any sense why we couldn't have this discussion in public...I do think that this is something that could be done in public without any difficulties about the issue that we're trying to discuss and I think the public needs to hear the discussion. Our City Attorney is retiring. We have the right as a City Council to make an appointment for an interim and I think that it would bear the public well if we did this in public.

Councilman Austin seconded Schipske's motion to hold the discussion in public...but was swiftly opposed by Councilmembers James Johnson and Suja Lowenthal, who argued that it was a personnel matter [Lowenthal called it "quasi-personnel"] and said the Council's closed-door decision would be reported to the public immediately.

Councilman Austin (who'd seconded Schipske's moltion) then said he also sees it as a "semi-personnel matter" and made a substitute motion to go into closed session immediately.

Councilman Patrick O'Donnell whether it would be a good idea to wait until the Mayor arrived. Vice Mayor Garcia then said Mayor Foster "had asked to be involved in the process" and Garcia asked to respect the Mayor's wishes. No one explained publicly where the Mayor was.

Austin's motion to go into closed session immediately carried 6-3, opposed by Schipske [on grounds the matter should be public] and Garcia and Johnson [presumably on grounds the Mayor ought to be present].

A motion was subsequently made to delay the closed session until after other agenda items, effectively delaying the start of the closed session item further. It was two hours, seventeen minutes into the roughly 5:00 p.m.-started Council meeting when, with Vice Mayor Garcia still in the Mayor's chair, the Council entered the closed session.

By this time, Mayor Foster had arrived -- although he wasn't present in the Council Chamber and we believe he was present for the closed session. The Council didn't return for over a half hour (roughly 35 minutes later) and when it did, Mayor Foster remained invisible. Instead, Vice Mayor Garcia continued to preside and City Attorney Shannon announced:

In closed session, by a unanimous vote, both of these actions were by unanimous votes:

Charles Parkin was chosen to fill the position of City Attorney as the Acting City Attorney pursuant to section 604 of the Charter.

Initially a process was discussed with regard to choosing what I'll call the interim City Attorney, the City Attorney that would be chosen as the successor to fill out my term, and that will be announced and commence beginning in the closed session on July 9, 2013.

Long Beach's City Attorney is elected by citywide vote and wields considerable power. Under the Long Beach City Charter, the City Attorney is designated as "the sole and exclusive legal advisor of the City, the City Council and all City commissions, committees, officers and employees with reference to all of their functions, powers and duties under this Charter, State and Federal law" thus overseeing Long Beach City Hall, the Port of Long Beach and other Long Beach entities."