Question
Our city attorney is planning a closed session meeting with the city council and police review commission to discuss a recent court decision regarding open police complaint hearings. Is this legal?
Answer
The city can likely justify its closed session under Government Code 54956.9, which allows legislative bodies to hold closed sessions to discuss pending litigation when discussion in open session would prejudice the public agency. The purpose of the pending litigation exemption is to protect confidential attorney-client communications and allow a legislative body to meet with its attorney to receive legal advice and make legal decisions; if the attorney is not present, the closed session may not be conducted. In addition, the exemption may not be used to discuss nonlitigation oriented policy issues.
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