A person who in
good faith communicates a complaint or information to any branch or agency of federal, state or local government ...
is immune from civil liability for claims based upon the communication to the agency or organization regarding any matter reasonably of concern to that agency or organization.
SMC 4.08.040 states that two commissioners constitutes a [qu]orum. However, nothing in this section refers to a majority vote requirement as a precondition for action by the Commission. Moreover, Plaintiff has not cited any provision of the SMC that a failure to comply with such a requirement creates a private right of action upon which Plaintiff may make this claim.
AFFIRMED.
KLEINFELD, J. concurring.
I concur in the majority's determination that the claims presented in this case are without merit. But I would further find that these claims are frivolous and abusive and that the appellant should be sanctioned. Allowing a public official to pursue frivolous claims against investigators and the media with impunity will deter valuable investigation of government officials by imposing excessive litigation costs on investigating parties. The way to avoid such a dangerous abuse is to award double costs and attorney's fees for bringing such frivolous suits. I would do so in this case.