SAN DIEGO -- The City Council voted unanimously on Tuesday to turn over to the State Bar of California transcripts of a 2005 closed-door hearing during which it discussed City Attorney Michael Aguirre's authority to file litigation over San Diego's pension system.

According to the City Attorney's Office, copies of the transcripts will not be made available to the public.

State bar officials want the documents to determine whether Aguirre overstepped his authority to file a lawsuit challenging the legality of pension benefits without the City Council's authorization.

The lawsuit has been dismissed by a judge and is being appealed by the City Attorney's Office.

Last month, it was revealed that state bar officials were investigating Aguirre's conduct while in office.

Aguirre has long held that he has the authority under the city charter to file litigation without the City Council's approval.

Executive Assistant City Attorney Don McGrath today reinforced that position, arguing that the state bar investigation was baseless and alleged it was motivated by politics.

"I will say there is somebody at the top that is pushing the buttons and I am sure it is a great political thing to hang this over his head," McGrath said. "It could be fatal. We will see."

McGrath suggested an investigator with the state bar had been pressured to keep the investigation going.

"I am just saying they have not dropped their action and there is a position been taken by the investigator that he would like to drop the action but he cannot," McGrath said. "Somebody is pressuring him to keep it moving, in spite of the evidence he has been given."

McGrath said the state bar's inquiry was driven in part by a complaint by Council President Scott Peters, who announced yesterday he is running against Aguirre for city attorney.

"I think this whole thing is a political move," McGrath said. "I think it is political fodder for Peters to run on."

Also running for city attorney is Superior Court Judge Jan Goldsmith, who was recently endorsed by District Attorney Bonnie Dumanis, a member of the state bar's Board of Governors.

Dumanis and Aguirre are longtime foes.