Describing a closed session
Q: Is a school district obligated to describe the closed session subject in language understandable to the lay person?
A: Government Code section 54954.2(a) provides that at least 72 hours prior to a regular meeting, the body must post an agenda containing a brief general description of each item to be discussed or transacted at the meeting, including items to be discussed in closed session. A “brief general description,” as the term indicates, can be brief and general, usually satisfied within 20 words. However, it must be a description, not a code phrase that is unintelligible to the public. The purpose of the brief general description is to inform interested members of the public about the subject matter under consideration so that they can determine whether to monitor or participate in the meeting of the body.
The agenda description need not educate the reader about all aspects of an item, as it would often be impossible in any “brief” or “general” way. But it does mean, among other things, that when it is possible to use a few words to alert the public to an obviously consequential or controversial proposal, a failure to do just that may violate the law if its effect is to leave those most likely to care unaware and with lowered guard. From these general principles, it would appear that the case docket number, alone, would not be adequate notice to the public given that it is likely that some members of the public will not know such number refers to a lawsuit, and those that do, are forced to go look up the case simply to know the subject matter of the closed session discussion.