Page 12 - Lozano Smith Board Member Toolkit 2026

> To Consider the Appointment, Employment, Evaluation, Discipline, or Dismissal of
a Public Employee: This is sometimes referred to as the “personnel exception.”
The “employees” covered do not include elected officials or members of the
legislative body. Personnel matters discussed must relate to specific individuals.
Broad-based reviews of employee classifications or duties must generally be held
in open session. The legislative body may not discuss or take action on proposed
compensation except for a disciplinary reduction of compensation or as otherwise
permitted in connection with labor negotiations.

> Employee Complaints or Charges: Before holding a closed session to hear
complaints or charges brought against an employee, the employee must be
delivered written notice at least 24 hours before the meeting of his or her right to
have the complaints or charges heard in open session. Failure to deliver the notice
renders any action “null and void.” This rule does not apply to employee
performance evaluations or releases of probationary employees. This rule also
does not apply to meetings to decide whether a complaint or charge would justify
initiation of a disciplinary hearing, as opposed to an evidentiary hearing on the
charge.

> Meetings Regarding Threats to Security of Public Buildings, Essential Public
Services, and Cybersecurity: A local agency may confer with law enforcement
officials, security personnel, or agency counsel on matters related to threats to the
security of public buildings, threats to the security of, or access to, essential public
services, or cybersecurity threats to critical systems and networks.

> Meetings Among Joint Powers Agencies Formed For Insurance Pooling and Local
Agency Self-Insurance Authorities To Consider Liability Issues: Joint powers
agencies formed for purposes of insurance pooling and self-insurance authorities
may meet in closed session to discuss claims.

> Student Disciplinary Matters / Student Records Challenges: Closed sessions to
consider student discipline (usually expulsions) or challenges to the accuracy of
student records are permissible.

Announcements from Closed Session
After each closed session, the legislative body must reconvene in open session and
report certain actions taken in closed session, and the vote of each member, for all
classes of closed session items, including:

> Approval of an agreement concluding real estate negotiations.

> Approval for legal counsel to defend, initiate, or settle litigation.

> Disposition of claims.

> Action to appoint, employ, dismiss, release, accept resignation of, or affect the
status of any employee. The position title and any change in compensation must

Guide to Effective Governance 9