Page 11 - Lozano Smith Board Member Toolkit 2026

Inspection of Documents and Records
Documents distributed to the board must be available for public inspection at the
meeting if prepared by the local agency, or after the meeting if prepared by some other
person. Writings distributed for closed session are exempt from public disclosure if
exempt under the Public Records Act or other applicable law.
If documents related to an agenda item are distributed to all of or a majority of the
legislative body less than 72 hours prior to the meeting, these documents must be
made available to the public. In addition, every agenda must state the location of an
office at the agency where members of the public may inspect these documents.

Closed Sessions

Closed sessions are permitted for specific purposes defined in the Brown Act.
Closed sessions are meetings conducted in private without the attendance of the
public. They are permitted only for specific purposes; courts construe the
statutory basis for closed sessions narrowly. Generally, to preserve the
confidentiality of closed sessions, only essential staff should attend a closed
i

Agendas must describe the matters to be discussed in closed session. The Brown Act
contains suggested “safe harbor” language for closed session items. Substantial
compliance with the suggested statutory format creates a “safe harbor” against
challenges to the adequacy of the agenda.

Before adjourning to closed session, the agency must announce in open session the
items to be discussed. The disclosure may be oral or may be a simple reference to the
agenda item number or letter.

Primary Types of Closed Sessions
Common closed session topics include personnel matters, litigation, and collective
bargaining. Closed sessions are allowed:

> To Instruct Negotiators on Real Property Transactions: For lease, purchase, sale,
or exchange of real property.

> To Instruct Labor Negotiators: Closed sessions are permitted to instruct
negotiators who are meeting and conferring with represented or unrepresented
employees. (Under the Educational Employment Relations Act, negotiations
between public school employers and employee organizations are exempt from
the Brown Act, so many activities related to collective bargaining fall outside these
rules.)

> To Discuss “Pending Litigation” With Agency Attorneys: An agency may confer with
or receive advice from legal counsel regarding pending litigation, arbitration, or
other adjudicatory proceedings. This includes when (1) litigation has commenced,
(2) there is significant exposure to litigation, (3) the agency is meeting to decide
whether there is significant exposure to litigation, or (4) the legislative body is
deciding whether to initiate litigation.

8 Guide to Effective Governance