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Handbooks

California Brown Act Primer

[…] (4) Are the exceptions permitting closed sessions are being properly applied? This primer will walk you through our summary of the Brown Act. We aim to make the Brown Act more useful and to explain some of the intricacies of the Act that have led to both litigation and abuse by the agencies it governs.
- Government Transparency and Accountability
- Public Meetings
September 8, 2024
Asked and Answered

Brown Act

School board keeping exorbitant attorney fees in closed session

The provision of the Brown Act that authorizes closed sessions for discussion of pending litigation is set forth in its entirety below. The bottom line, though, is that by its terms, it seems to authorize only a closed session "to confer with, or receive advice from, its legal counsel regarding pending litigation" and would […]

November 29, 2011
Asked and Answered

Brown Act

When are closed sessions legitimized under the Brown Act?

[…] on carrying concealed weapons on campus (under SB 707). There is some move toward having the discussion in closed session on the grounds that it could potentially involve litigation and become a union issue. Given that there's no actual litigation, existing or threatened, are there legal grounds to make this board discussion a closed session?

March 29, 2016
Asked and Answered

Brown Act

When should “anticipated litigation” be agendized?

[…] the City. This was made public two years later in April 2012. During that time, the only notice on the City Council Agenda was "Significant Exposure to Litigation Pursuant to California Government Code Section 54956.9B) (1 Anticipated Case)" which reoccurred from time to time. Since the IRS already knew about their threat of litigation and […]

February 3, 2014
Asked and Answered

Brown Act

Can settlements be negotiated in closed session if no pending litigation exists?

[…] district has held a series (over 6 months) of closed sessions. It appears that the district is negotiating a water rights transfer or deal with another local water district. They cannot negotiate jointly a "settlement" agreement if no "pending" litigation exists. Isn't this a violation of the Brown Act? If so, what is the recourse?

June 14, 2009
Asked and Answered

Brown Act

Is it a Brown Act violation to move item from closed to open session?

[…] Code section 54956.9, provides that a local agency may go into closed session in order to "confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation." "Litigation" includes "any adjudicatory proceeding . . . […]

March 13, 2014
Asked and Answered

Brown Act

The city decided in closed session to let Wal Mart pick up legal tab for lawsuit

Tonight the City Attorney reported out on the council's closed-session meeting. She told the public that the meeting had discussed pending litigation over a Wal Mart development-agreement lawsuit; that the council had voted 5-0 to defend the city against the suit; and that they had also agreed in this same closed session to allow […]

August 20, 2012
Asked and Answered

Brown Act

Closed Sessions, Settlements, and Lack of Discussion/Public Comment

Our City Council met in closed session to discuss ongoing litigation against the city by outdoor advertising companies challenging the city's program of surveying and inspecting billboards and other off-site advertising signs. In open session following that meeting, the council adopted without discussion a settlement agreement that made changes in city codes regarding inspection […]

June 14, 2009
Asked and Answered

Brown Act

Reporting closed sessions decisions

[…] session agenda for several weeks regarding a condo's violation of a development agreement. The city manager said publicly that the council had reached a decision that "involves litigation," but he did not discuss the details. No decision was announced after that city council meeting. I assumed that would mean an announcement would come at […]

June 5, 2010
Asked and Answered

Brown Act CPRA

Closed Sessions and Permissible Topics

[…] city council has apparently held closed session meetings on whether or not they will repair a landslide on a city street. The agenda notification listed only pending litigation, but did not list the specific subject. These meetings resulted in public policy decisions. I have made a CPRA request for public records relating to the […]

June 14, 2009