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Asked and Answered

Can a special meeting on 24 hours notice include a closed session?

June 14, 2009

Question

Regarding Special Meeting, it is an open public meeting and requires a 24 hour notice to inform the public of the upcoming special meeting, what about the closed session meeting? Even though your organization mentioned that closed session can be done even with a 24 hours notice to inform the public of the Special Meeting, there is a law stated that ALL (my emphasis) closed session meeting required a 72 hour public notice. I am confused by it. What is your answer?

Answer

As I understand your inquiry, you seem to be asking whether it is permissible for a legislative body to hold a portion of a special meeting, called on 24 hours notice, in closed session.  As you know, Cal. Gov. Code Sec. 54956 allows for a special meeting on 24 hours notice, if called by the presiding officer or a majority of the members of the school district and if the requirements for providing notice of that meeting are met. The Brown Act contemplates that where appropriate, items may be discussed in closed session at such meetings.  Section 54954.5 addresses how to describe items to be discussed in closed session in the posted notice and agenda, and states that if the notice meets these requirements then the school district will not be in violation of either Sec. 54954.2 (for a regular meeting) or Sec. 54956 (for a special meeting.)  I am not aware of any law stating that closed session items require 72 hours notice.

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