Closed Session Details

Meetings may enter closed session to discuss:

• application license renewal of someone with a criminal record
• Real Property negotiations
• Complaints against managed care plans
• Health Care Service Plans
• Joint powers Insurance pooling litigation
• Consultation on security and public access
• Consultation on pending litigation
  • Prior to holding a closed session, the body shall state on the agenda or publicly announce the subdivision of this section that authorizes the closed session.
  • If for litigation that has been formally initiated, the body shall state the title or specify the litigation to be discussed (unless disclosure would jeopardize their ability to process service on a party).

How closed sessions are conducted

• 54957.7. (a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement.
• (b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed session.
• (c) The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements.

Reports on closed session activities:

• Any action taken and the vote or abstention of every member present shall be reported
  • Approval of real estate negotiations.
  • Approval of settlement of pending litigation
  • Action taken to appoint, employ, dismiss, accept resignation of, any public employee
  • Approval of labor negotiations
• The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956,if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session.
• The documentation referred to in paragraph (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken
• Minutes or recordings of closed sessions must be kept, but it is not subject to inspection under the CPRA, but are required in case of an action to stop violations of the Brown Act with regard to closed sessions.

Misdemeanor Penalty for Willful Violations by Body Members

54959. Each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of any provision of this chapter, and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter, is guilty of a misdemeanor.

-- Raymond Lutz - 03 May 2007