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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

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

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

School Board Closed Sessions with Administrators

[…] have his or her name or other information that is protected by federal law publicly disclosed (Gov't Code § 54956.86) -To confer with legal counsel regarding pending litigation, when discussion in open session would prejudice the local agency in the litigation--see the Brown Act for a detailed definition of what constitutes "pending litigation" (Gov't […]

June 14, 2009
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

Circumstances for closed meetings

[…] have his or her name or other information that is protected by federal law publicly disclosed (Gov't Code § 54956.86) —To confer with legal counsel regarding pending litigation, when discussion in open session would prejudice the local agency in the litigation —see the Brown Act for a detailed definition of what constitutes"pending litigation" (Gov't […]

June 14, 2009
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

Public notice and disclosure of existing litigation

Our school district has a closed agenda item with the following sentence. Is this allowed?A) EXISTING LITIGATION(Subdivision (a) of Section 54956.9)Pursuant to Government Code Section 54956.9(a) the Board will confer with legal counsel concerning existing litigation; disclosure of the case name might jeopardize current settlement negotiations.How can the public comment on a case without […]

June 14, 2009
Asked and Answered

Brown Act

Minutes and closed sessions

[…] I am not aware of any provision that would result in an action being invalidated because the attorney telephonically attended a closed session pursuant to the pending litigation exception under section 54956.9. Section 54956.9 states that a legislative body may hold a closed session "to confer with, or receive advice from, its legal counsel […]

June 14, 2009
Asked and Answered

Brown Act

Dealing with a cure and correct notice in a closed session

[…] -- that only those specifically listed topics related to employees may be discussed in closed session. Cal. Const., Art. I, Sect. 3(a)(2). With respect to the "pending litigation" justification for closed sessions, Section 54956.9 provides that a board may, "based on advice of its legal counsel, a closed session to confer with, or receive […]

June 14, 2009