Does the governing board of a local agency that places an employee on administrative leave in closed session have to announce that decision to the public at the same meeting?

Answer

The Brown Act governs each meeting of a “legislative body” of a “local agency” in California. Gov. Code §§ 54951, 54952. A local agency’s governing board is a “legislative body” subject to the Brown Act. Gov. Code § 54952(a). A legislative body’s meetings must generally be open to the public, with opportunity for public comment, based on an agenda made available to the public in advance, except to the extent the Brown Act specifically allows certain matters to be discussed in closed session.

The Brown Act allows “closed sessions during a regular or special meeting” of a legislative body “to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session.” Gov. Code § 54957(b)(1).

Under Government Code section 54957.1, after a closed session, a legislative body must report certain information to the public. In particular, the body “shall publicly report any action taken in closed session and the vote or abstention on that action of every member present” with respect to “[a]ction[s] taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any.” Gov. Code § 54957.1(a)(5).

Arguably, the decision of a legislative body to place an employee on administrative leave affects their employment status and should be reported out at the same meeting, especially in light of the general rule that a law such as the Brown Act “shall be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access.” Cal. Const., Art. I, § 3(b)(2); see also, e.g., Julian Volunteer Fire Co. Assn. v. Julian-Cuyamaca Fire Protection Dist., 62 Cal. App. 5th 583, 601 (2021) (noting Brown Act’s provisions must be ‘“construed liberally in favor of openness in conducting public business”). However, FAC is not aware of a published decision directly on point to this issue.